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HomeMy WebLinkAboutZAA 25-11 signedZONING ADMINISTRATOR ACTION 25-011 CONDITIONAL USE PERMIT 2025-0017 14851 YORBA STREET 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) 2025-0017 was filed by Denise Denkers from Insignia Rising, to establish a new Master Sign Plan (MSP) for a commercial center located at 14851 Yorba Street. B. That pursuant to the Sign Requirements for Public and Institutional (PI) Districts, all signs in the PI district shall require an approved MSP in compliance with Section 9411 of the Tustin City Code (TCC), subject to a CUP. 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 9404(b). C. That a specialty hospital was approved at the subject site on January 28, 2025 (CUP 2024-0018) to operate a skilled nursing facility. The site was originally developed with two medical buildings with entrances facing Yorba Street and Myrtle Avenue, along with subterranean parking. D. That the proposed MSP enhances and provides necessary business identification for the specialty hospital and offers a consistent design element on a different design and scale than what is allowed by the TCC with the approval of a CUP. The context, scale, and purpose of the proposed signage for the specialty hospital, Tustin Healthcare, is consistent with the project site’s architecture. E. That a public hearing was duly called, noticed, and held for CUP 2025-0017 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 property and improvements in the neighborhood of the subject property, or to the general welfare, in that: Docusign Envelope ID: 5A8D979F-A6FC-4A95-970B-635CBD24D291 ZAA 25-011 CUP 2025-0017 1. Pursuant to TCC Section 9411 and 9404(b)6, a MSP is required for developments in the PI zone and an applicant may follow a comprehensive MSP that differs from the Tustin Sign Code standards provided that the project is a center in a single development project with at least thirty thousand (30,000) square feet of building area or one (1) acre in project size, upon submittal of an application and approval of a CUP. 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 design, 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 that the MSP must meet: 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 the two medical buildings and would be limited to the locations approved in the MSP. b) 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 MSP designates the property owner/management as the primary liaison with the City for the purpose of requesting approval of the MSP and for submitting sign permit requests in conformance with the approved MSP. d) 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. Docusign Envelope ID: 5A8D979F-A6FC-4A95-970B-635CBD24D291 ZAA 25-011 CUP 2025-0017 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 proposed MSP will provide coordinated and quality sign design in a development that will require multiple wall signs and directional signs and provide an opportunity for a coordinated monument sign for the facility, avoiding uncoordinated and mismatched signs that would detract from the visual quality of the development. The signs proposed within the MSP are typical and necessary for a medical facility. 6. The maintenance and removal of any future signs are adequately addressed in the proposed MSP. 1) As conditioned, CUP 2025-0017 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. G. This project is Categorically Exempt pursuant to Section 15301 (Class 1) of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Zoning Administrator hereby approves CUP 2025-0017, a request to establish a new master sign plan for the property located at 14851 Yorba Street, subject to the conditions contained within Exhibit A, attached hereto. Docusign Envelope ID: 5A8D979F-A6FC-4A95-970B-635CBD24D291 ZAA 25-011 CUP 2025-0017 PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin, at a regular meeting on the 18thday 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. 25-011 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 2025-0017 CONDITIONS OF APPROVAL 14851 Yorba Street 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 2025-0017 December 18, 2025 Page 2 1 1.4 Approval of CUP 2025-0017 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 2025-0017, 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 2025-0017 December 18, 2025 Page 2 9293(c) 1.8 CUP 2025-0017 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 2025-0017 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 Tustin Healthcare Sign Plan and revert to the Tustin Sign Code for any issues that remain silent in said Master Sign Plan (MSP). Minor changes could be made if signs meet the spirit and intent of the MSP 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 MSP, pursuant to the Tustin Sign Code. Ongoing Planning Docusign Envelope ID: 5A8D979F-A6FC-4A95-970B-635CBD24D291 Exhibit A - Conditions of Approval CUP 2025-0017 December 18, 2025 Page 2 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 9404(a)3(b ) 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. 9291(d) 2.6 Major modifications to signage may require consideration of an amended conditional permit by the Zoning Administrator. Ongoing Planning PUBLIC WORKS DEPARTMENT SOLID WASTE RECYCLING CONDITIONS 1 3.1 Construction and Demolition Waste Recycling and Reduction Plan (WRRP). Prior to Issuance of First Permit Public Works Department Docusign Envelope ID: 5A8D979F-A6FC-4A95-970B-635CBD24D291 Exhibit A - Conditions of Approval CUP 2025-0017 December 18, 2025 Page 2 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 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. Non-residential projects shall submit a security deposit in the amount of five (5) percent of the project's valuation as determined by the Building Official, rounded to the nearest thousand, or two thousand five hundred dollars ($2,500.00), Docusign Envelope ID: 5A8D979F-A6FC-4A95-970B-635CBD24D291 Exhibit A - Conditions of Approval CUP 2025-0017 December 18, 2025 Page 2 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