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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