HomeMy WebLinkAboutZAA 24-003 ZONING ADMINISTRATOR ACTION 24-003
DESIGN REVIEW 2023-0018
1100 VALENCIA AVENUE AND 1101 BELL AVENUE
The Zoning Administrator of the City of Tustin does hereby resolve as follows:
1. The Zoning Administrator finds and determines as follows:
A. That a proper application for Design Review(DR)2023-0018 was filed by Ryann
Ybarra with Signs and Services Company on behalf of Dermody Properties,
requesting authorization to allow eight lifestyle graphics in conjunction with a
Master Sign Plan (MSP)for two new industrial buildings located at 1100 Valencia
Avenue and 1101 Bell Avenue.
B. That the project site is located within the Industrial (M) zoning district and
pursuant to Tustin City Code (TCC) Section 9403(h), a MSP is required for
developments which include multi-tenant centers. In accordance with Section
9299(m) of the TCC, the Zoning Administrator shall review applications for MSPs
requesting deviations from the standards within the Tustin City Sign Code.
C. That the eight lifestyle graphics are considered deviations to the TCC sign
regulations and the MSP is being forwarded to the Zoning Administrator for
review.
D. That the Industrial (1) land use designation of the General Plan provides an
opportunity and growth for industrial business activities and related signage.
E. That a public hearing was duly called, noticed, and held for DR 2023-0018 on
January 25, 2024, by the Zoning Administrator.
F. That the proposed eight lifestyle graphics and corresponding MSP, will not, under
the circumstances of this case, be detrimental to the health, safety, morals, comfort,
or general welfare of the persons residing or working in the neighborhood, nor be
injurious or detrimental to the property and improvements in the neighborhood of
the subject property, or to the general welfare of the City in that:
1) As proposed,the eight lifestyle graphics and MSP would be compatible with
the visual characteristics of the development, would be compatible with
other signs in the surrounding area, and would not detract from adjacent
developed properties.
2) The scale and massing of the proposed eight lifestyle graphics and overall
MSP are consistent with the size and scale of the site and the overall
development within the community. The lifestyle graphics would be
appropriately visible and legible in terms of spacing and proportion of the
images, and would not dominate the visual quality of the site.
Zoning Administrator Action 24-003
CUP 2023-0013(1062 Irvine Boulevard)
January 25, 2024
Page 2
G. This project is Categorically Exempt pursuant to Section 15311 (Class 11) of the
California Code of Regulations(Guidelines for the California Environmental Quality
Act).
11. The Zoning Administrator hereby approves DR 2023-0018 to allow eight lifestyle
graphics, in conjunction with a MSP, for a multi-tenant industrial center that is under
construction located at 1100 Valencia Avenue and 1101 Bell Avenue, subject to the
conditions contained within Exhibit A, attached hereto.
Zoning Administrator Action 24-003
CUP 2023-0013 (1062 Irvine Bouievard)
January 25, 2024
Page 3
PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin, at a regular
meeting on the 25th day of January, 2024.
JUS21 L. WILLKOM
ZO NG ADMINISTRATOR
VEN A H'uktA'bb'4
RECORDING SECRETARY
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF TUSTIN
1, VERA HURTADO, the undersigned, hereby certify that I am the Recording Secretary of
the Zoning Administrator of the City of Tustin, California; that Zoning Administrator Action
No. 24-003 passed and adopted at a regular meeting of the Tustin Zoning Administrator,
held on the 25th day of January, 2024.
VERA H U RtAbb`
RECORDING SECRETARY
EXHIBIT A
ZONING ADMINISTRATOR ACTION 24-003
DESIGN REVIEW 2023-0018
CONDITIONS OF APPROVAL
1100 VALENCIA AVENUE AND 1101 BELL AVENUE
GENERAL
(1) 1.1 The proposed project shall substantially conform with the plans dated
January 25, 2024 on file with the Community Development Department,
as herein modified, or as modified by the Community Development
Director in accordance with this Exhibit. The Community Development
Director may also approve subsequent minor modifications to plans if
such modifications are consistent with provisions of the Tustin City Code
(TCC) and other applicable codes.
(1) 1.2 The conditions contained in this Exhibit shall be complied with as specified,
subject to review and approval by the Community Development Department.
(1) 1.3 This approval shall become null and void unless the use is established
within 12 months of the date of this Exhibit. Time extensions may be
granted if a written request is received by the Community Development
Department within 30 days prior to expiration.
(1) 1.4 Approval of DR 2023-0018 is contingent upon the applicant and property
owner signing and returning to the Community Development Department a
notarized "Agreement to Conditions Imposed" form and the property owner
signing and recording with the County Clerk-Recorder a notarized "Notice of
Discretionary Permit Approval and Conditions of Approval"form. The forms
shall be established by the Community Development Director, and evidence
of recordation shall be provided to the Community Development
Department.
Failure to comply with the Conditions of Approval of the establishment
creates undue burden to City resources, or if the CUP is abandoned for a
twelve (12) month period, these circumstances shall be grounds for
revocation of the CUP.
SOURCE CODES
(1) STANDARD CONDITION (5) RESPONSIBLE AGENCY
(2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES
(3) UNIFORM BUILDING CODEIS (7) PCICC POLICY
(4) DESIGN REVIEW *** EXCEPTION
Zoning Administrator Action 24-003
DR 2023-0018 (1100 Valencia Avenue and 1101 Bell Avenue)
January 25, 2024
Page 2
(1) 1.5 Any transfer of ownership of the establishment and/or operator shall require
the new owner and/or operator to sign and return an "Agreement to
Conditions Imposed" form provided by the Community Development.
Failure to do so would be a basis for revocation proceeding.
(1) 1.6 Any violation of any of the conditions imposed is subject to the issuance of
an Administrative Citation pursuant to TCC Section 1162(a).
(1) 1.7 As a Condition of Approval of DR 2023-0018, the applicant shall agree, at
its sole cost and expense, to defend, indemnify, and hold harmless the City,
its officers, employees, agents, and consultants, from any claim, action, or
proceeding brought by a third party against the City, its officers, agents, and
employees, which seeks to attack, set aside, challenge, void, or annul an
approval of the City Council, the Planning Commission, Zoning
Administrator, or any other decision-making body, including staff, concerning
this project. The City agrees to promptly notify the applicant of any such
claim or action filed against the City and to fully cooperate in the defense of
any such action. The City may, at its sole cost and expense, elect to
participate in the defense of any such action under this condition.
(1) 1.8 The applicant shall be responsible for costs associated with any necessary
code enforcement action, including attorney's fees, subject to the applicable
notice, hearing, and appeal process as established by the City Council by
ordinance.
SIGNAGE
(1) 2.1 A sign permit shall be applied for and obtained from the Community
Development Department prior to constructing, erecting, altering, replacing,
moving, or painting any sign, except for signs exempt from a permit
according to the Tustin Sign Code. Permit applications shall be
accompanied by information as required for a standard sign plan or master
sign plan, pursuant to the Tustin Sign Code.
(1) 2.2 All signs shall be structurally safe and maintained in good condition at all
times. The Community Development Director shall have the authority to
order repair, replacement, or removal of any signs which constitute a hazard
or nuisance to the safety, health, or public welfare by reason of inadequate
maintenance, dilapidation, or obsolescence.
SOURCE CODES
(1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT
(2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES
(3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY
(4) DESIGN REVIEW (** } EXCEPTION
Zoning Administrator Action 24-003
DR 2023-0018(1100 Valencia Avenue and 1101 Bell Avenue)
January 25, 2024
Page 3
(1) 2.3 All signs shall be constructed of a non-corrosive, rust-resistant finish so as
not to degrade in adverse weather conditions.
(1) 2.4 The locations for any signs shall comply with the City of Tustin Guidelines
for Determining Sign Location Visual Clearance and Public Safety Areas.
Signs shall not be placed in a manner that will obstruct or inhibit sight
distance or visibility for the motorist. At plan check submittal, all signs shall
be clearly identified on plans as to the exact locations. Any signs in proximity
to the public right-of-way that could impact driver sight shall be shown at a
larger scale that will be adequate for plan check purposed.
(***) 2.5 The eight lifestyle graphics shall be limited to only lifestyle imagery that
relates to the business. Lifestyle graphics shall not include any: text; service,
product, or pricing; signs that constitute a traffic hazard as defined in TCC;
advertising; neon; flashing; digital; obscene or unlawful; and, animated
copy.
(***) 2.6 Page 11 of the MSP shall be revised to include the following notes:
• Lifestyle graphic shall not include any: text; service, product, or
pricing; signs that constitute a traffic hazard as defined in the TCC;
advertising; neon; flashing; digital; obscene or unlawful; and,
animated copy.
• Content of the lifestyle graphics shall be submitted for review and
approval by the Community Development prior to installation.
(***) 2.7 Lifestyle graphic displays shall be submitted for review and approval by
Caltrans, if applicable. The applicant shall submit proof of Caltrans approval
prior to sign permit issuance, if applicable.
PLAN SUBMITTAL
(1, 5) 3.1 At the time of sign permit application, the plans shall comply with the latest
edition of State and City of Tustin adopted codes: California Building Code,
California Electrical Code, California Plumbing Code, City Ordinances, and
State and Federal laws and regulations.
SOURCE CODES
(1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT
(2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES
(3) UNIFORM BUILDING CODEIS (7) PC/CC POLICY
(4) DESIGN REVIEW (***) EXCEPTION
Zoning Administrator Action 24-003
DR 2023-0018(1100 Valencia Avenue and 1101 Bell Avenue)
January 25, 2024
Page 4
FEES
(1,5) 4.1 On the day of the approval of the subject project, the applicant shall deliver
to the Community Development Department, a cashier's check payable to
the COUNTY CLERK in the amount of fifty dollars ($50.00) to enable the
City to file the appropriate environmental documentation for the project. If
within such 48-hour period the applicant has not delivered to the Community
Development Department the above-noted check, the statute of limitations
for any interested party to challenge the environmental determination under
the provisions of the California Environmental Quality Act could be
significantly lengthened.
SOURCE CODES
(1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT
(2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES
(3) UNIFORM BUILDING CODEIS (7) PC/CC POLICY
(4) DESIGN REVIEW EXCEPTION