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HomeMy WebLinkAboutZAA 25-10 signed ZONING ADMINISTRATOR ACTION 25-010 CONDITIONAL USE PERMIT 2025-0015 MASTER SIGN PLAN FOR 14171 RED HILL AVENUE The Zoning Administrator of the City of Tustin, California does hereby resolve as follows: I. The Zoning Administrator finds and determines as follows: A. That a proper application for Conditional Use Permit (CUP) 2025-0015 was filed by Barbara Cohen for Stater Brothers, to establish a new Master Sign Plan (MSP) for a commercial center located at 14171 Red Hill Avenue. B. That pursuant to the Red Hill Avenue Specific Plan (RHASP) General Development Standards, Chapter 4.4(I), commercial centers shall require an approved MSP in compliance with Section 9403 of the Tustin City Code (TCC). That pursuant to TCC Section 9404(b)6, MSPs for centers of at least thirty thousand (30,000) building square feet or one (1) acre in project size may deviate from the TCC standards upon approval of a CUP. The Zoning Administrator is the review authority for the proposed CUP in accordance with the TCC Section 9299(b)3(m). C. That the proposed MSP complements and enhances the shopping center and offers a different design and scale then what is allowed by the TCC with the approval of a CUP and the context, scale, and purpose of the proposed signage for the anchor tenant, Stater Brothers, is consistent with the project site’s architecture. D. That the subject site was developed prior to the adoption of the RHASP and includes nonconforming signs. The proposed MSP will maintain the existing nonconforming tenant signs in accordance with TCC Section 9273(b), Legal Nonconforming Structures and Uses. Where any lawfully established structure which is legal nonconforming either in use, design, or arrangement, shall not be enlarged, extended, reconstructed, or structurally altered. E. That a public hearing was duly called, noticed, and held for CUP 2025-0015 on December 18, 2025, by the Zoning Administrator. F. That the establishment, maintenance, and operation of the proposed use 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 of such proposed use, nor be injurious or detrimental to the Docusign Envelope ID: 5A8D979F-A6FC-4A95-970B-635CBD24D291 ZAA 25-010 CUP 2025-0015 property and improvements in the neighborhood of the subject property, or to the general welfare, in that: 1. Pursuant to TCC sections 9411, 9403e(2)i and RHASP 4.4.5I, a MSP is required for integrated office complexes, commercial centers or mixed-use developments when proposed signs deviate from the specific standard for permanent business identification upon submittal and approval of a conditional use permit, provided that the center is a single development project of at least 30,000 building square feet or one acre in project size. The MSP proposes sign configurations and dimensions that are unique to the development and deviate from the City’s sign standards and the shopping center meets the threshold for a MSP. 2. The proposed MSP complies with TCC Section 9403(i)1 in that sign standards are contained within the MSP to incorporate design elements in terms of sizing, scale, massing, materials, letter styles, colors, sign type and sign shape to ensure that signage has been coordinated throughout the project site. 3. The proposed MSP complies with TCC 9403(i)2 that establishes criteria as follows: a) Signs would reflect a common theme, incorporating design elements in terms of materials, letter styles, colors, illumination, sign type and sign shape in that wall sign criteria will unify the design features of wall signs and monument sign for multiple tenants and would be limited to the locations approved in the MSP, if applicable. b) New signs would utilize materials, colors, and a design motif which are compatible and which reflect the special qualities of the architecture of the buildings on the site in both daytime and nighttime situations. c) The sum of any nonconforming existing signage on the site will be brought to compliance when the commercial center is redesigned, as described in the proposed MSP. d) The Master Sign Plan designates the property owner/management as the primary liaison with the City for the purpose of requesting approval of the MSP and for submitting Docusign Envelope ID: 5A8D979F-A6FC-4A95-970B-635CBD24D291 ZAA 25-010 CUP 2025-0015 sign permit requests in conformance with the approved MSP. e) The project site is comprised of a single development project containing more than thirty thousand (30,000) square feet of building area and therefore allows the MSP to deviate from the specific sign standards for permanent business identification upon approval of a CUP. 4. The requested deviations from the Tustin Sign Code are minor and keep the proposed signs within the context and scale of the building and surrounding uses. Signs will be appropriately visible while at the same time maintaining the visual quality of the site. 5. The maintenance and removal of any future signs are adequately addressed in the proposed MSP. G. As conditioned, CUP 2025-0015 may be reviewed by the Community Development Director, if necessary, to ensure compatibility with surrounding uses. If the use is not operated in accordance with the Conditions of Approval provided herein or is found to be a nuisance or cause negative impacts to surrounding uses, the Community Development Director has the authority to impose additional conditions to eliminate the nuisance or negative impacts or may initiate proceedings to revoke the CUP. H. This project is Categorically Exempt pursuant to Section 15301 (Class 1) of the California Code of Regulations (Guidelines for the California Environmental Quality Act). I. The Zoning Administrator hereby approves CUP 2025-0015, a request to establish a new MSP located at 14171 Red Hill Avenue, subject to the conditions contained within Exhibit A, attached hereto. Docusign Envelope ID: 5A8D979F-A6FC-4A95-970B-635CBD24D291 ZAA 25-010 CUP 2025-0015 PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin, at a regular meeting on the 18th day of December 2025. ALEXA SMITTLE ZONING ADMINISTRATOR VERA HURTADO RECORDING SECRETARY STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, 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. 25-010 passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 18th day of December, 2025. ______________________________ VERA HURTADO RECORDING SECRETARY Docusign Envelope ID: 5A8D979F-A6FC-4A95-970B-635CBD24D291 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 EXHIBIT A CONDITIONAL USE PERMIT 2025-0015 CONDITIONS OF APPROVAL 14171 Red Hill Avenue TCC SECTION GENERAL COMPLETE RESPONSIBLE DEPT 9291(d) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped December 18, 2025, 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 during plan check if such modifications are consistent with provisions of the Tustin City Code (TCC). Ongoing Planning 9291(a) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified, subject to review and approval by the Community Development Department. Ongoing Planning 9293(b) 1.3 This approval shall become null and void unless the use is established within twelve (12) months of the date of this Exhibit. Time extensions may be granted if a written request and associated fee is received by the Community Development Department within thirty (30) days prior to expiration. Ongoing Planning Docusign Envelope ID: 5A8D979F-A6FC-4A95-970B-635CBD24D291 Exhibit A - Conditions of Approval CUP 2025-0015 December 18, 2025 Page 2 1 1.4 Approval of CUP 2025-0015 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. Upon approval Planning 1 1.5 As a condition of approval of CUP 2025-0015, the applicant and property owner 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, or any other decision-making body, including staff, concerning this project. The City agrees to promptly notify the applicant and/or property owner 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. Ongoing Planning 1126(a) 1.6 Any violation of any of the conditions imposed is subject to issuance of an Administrative Citation pursuant to TCC Section 1162(a). Ongoing Planning 1123(a) 1.7 The applicant and/or property owner 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. Ongoing Planning Docusign Envelope ID: 5A8D979F-A6FC-4A95-970B-635CBD24D291 Exhibit A - Conditions of Approval CUP 2025-0015 December 18, 2025 Page 3 9293(c) 1.8 CUP 2025-0015 may be reviewed on an annual basis, or more often, if necessary, by the Community Development Director. The Community Development Director shall review the use to ascertain compliance with the Conditions of Approval. If the use is not operated in accordance with CUP 2025-0015 or is found to be a nuisance or negative impacts are affecting the surrounding neighborhood, the Community Development Director shall impose additional conditions to eliminate the nuisance or negative impacts or may initiate proceedings to revoke the CUP. Ongoing Planning 9273 1.9 Any modification or alteration to the existing building or sign structures shall require a building permit and shall be consistent with TCC Section 9273, Legal Non-conforming Uses. Ongoing Planning USE RESTRICTIONS 9403(h) 2.1 All signs shall conform to the Master Sign Plan and revert to the Tustin Sign Code for any issues that remain silent in said Master Sign Plan. Minor changes could be made if signs meet the spirit and intent of the Master Sign Plan and approved by the Community Development Director. Ongoing Planning 9403(a) 2.2 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. Ongoing Planning Docusign Envelope ID: 5A8D979F-A6FC-4A95-970B-635CBD24D291 Exhibit A - Conditions of Approval CUP 2025-0015 December 18, 2025 Page 4 9404(g) 2.3 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. Ongoing Planning 9404(g) All signs shall be constructed of a non-corrosive, rust-resistant finish so as not to degrade in adverse weather conditions. Ongoing Planning 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. 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 purposes. *** 2.4 Open code enforcement cases CE-2025-0292 and CE-2025-0293 for unpermitted signs for the tenant suites at 14211 and 14203 Red Hill Avenue shall be modified and brought into compliance with TCC 9403 by obtaining Planning approval and building permit within six months of MSP approval. Ongoing Planning 9405(c) 2.5 A legal nonconforming sign shall be made to conform to all provisions of TCC 9405 if the Director determines that any of the following events occur: 1. A legal nonconforming sign shall not be changed to another nonconforming sign. Ongoing Planning Docusign Envelope ID: 5A8D979F-A6FC-4A95-970B-635CBD24D291 Exhibit A - Conditions of Approval CUP 2025-0015 December 18, 2025 Page 5 2. A legal nonconforming sign shall not be structurally altered so as to extend its useful life. A sign shall be considered to be structurally altered if the construction materials are physically replaced with new materials. The replacement of face copy in a cabinet-type sign does not constitute structural alteration. 3. A legal nonconforming sign shall not be expanded or altered so as to change the size, shape, position, location or method of illumination of the sign. 4. A legal nonconforming sign shall not be reestablished after discontinuance of the use for ninety (90) days or more. If any use is wholly discontinued for any reason, except pursuant to a valid order of a court of law, for a period of ninety (90) days, it shall be presumed that such use has been abandoned in accordance with Section 9405(d). All other provisions of the enforcement Section 9405(e) shall apply. 5. A legal nonconforming sign shall not be reestablished after damage or destruction of more than fifty (50) percent of its replacement value, including destruction by an act of God. 9291(d) 2.6 Major modifications to the commercial center, such as a remodel, shall require approval of a new master sign plan. Ongoing Planning Docusign Envelope ID: 5A8D979F-A6FC-4A95-970B-635CBD24D291 Exhibit A - Conditions of Approval CUP 2025-0015 December 18, 2025 Page 6 PUBLIC WORKS DEPARTMENT SOLID WASTE RECYCLING CONDITIONS 1 3.1 Construction and Demolition Waste Recycling and Reduction Plan (WRRP). a. The applicant/contractor is required to submit a WRRP to the Public Works Department. The WRRP must indicate how the applicant will comply with the City’s requirement (City Code Section 4351, et al) to recycle at least sixty-five (65) percent of the project waste material or the amount required by the California Green Building Standards Code. b. Prior to the issuance of, any building or demolition permit that involves the creation of C&D debris, each applicant for covered projects shall pay to the City an application fee in the amount set forth in a resolution of the City Council sufficient to cover the City's costs of reviewing an application and monitoring compliance with this section and/or the WRRP, or reviewing an application for exemption. c. Security deposit. In addition to the application fee, each applicant shall deposit with the City a security deposit as security for performance. The security deposit is remitted at the same time the permit application is filed. The security deposit may be in the form of cash, cashier's check, personal check, money order, or may be applied to a credit card in accordance with standards set by the Finance Department. Nonresidential projects shall submit a security deposit in the amount of five (5) percent of the project's Prior to Issuance of First Permit Public Works Department Docusign Envelope ID: 5A8D979F-A6FC-4A95-970B-635CBD24D291 Exhibit A - Conditions of Approval CUP 2025-0015 December 18, 2025 Page 7 valuation as determined by the Building Official, rounded to the nearest thousand, or two thousand five hundred dollars ($2,500.00), whichever is greater. In no event shall a deposit exceed twenty-five thousand dollars ($25,000.00). MISCELLANEOUS CONDITIONS FEES 1 4.1 Within forty-eight (48) hours of 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 forty-eight (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. Prior to Applying for Permits Planning Docusign Envelope ID: 5A8D979F-A6FC-4A95-970B-635CBD24D291