HomeMy WebLinkAboutZA Action 07-002ZONING ADMINISTRATOR ACTION 07-002 CONDITIONAL USE PERMIT 07-004 The Zoning Administrator of the City of Tustin does hereby resolves as follows: The Zoning Adminstrator finds and determines as follows: A. A proper application, Conditional Use Permit 07-004, was filed by Mark Kuwahara of Pacific Sign Center on behalf of Ricoh Development of California, Inc. requesting authorization to establish a master sign plan for the properties located at 1101 Bell Avenue and 1100 Valencia Avenue. The master sign plan will deviate from the City of Tustin Sign Code in allowing a maximum wall sign area of 135 square feet per sign. The City of Tustin Sign Code only allows for a maximum sign area of 64 square feet for individual business wall signs located in an industrial area. B. That the proposed master sign plan is consistent with the Tustin General Plan in that the property is designated as "Industrial" and allows for business uses and their supporting signs. In addition, the project has been reviewed for consistency with the Air Quality Sub- element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub-element. C. The project is located within the Industrial "100 M 20,000" zoning district where signs supporting permitted uses in centers are allowed with a master sign plan. D. That a public hearing was duly called, noticed, and held for said application on April 16, 2007, by the Zoning Administrator. E. That the establishment of the proposed master sign plan 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 of Tustin in that: 1.. Section 9403.h.2 of the Tustin City Code establishes criteria (a-e) that must be met for master sign plans. The proposed master sign plan would meet this criteria as follows: (a) The signs would reflect a common theme, incorporating design elements in terms of materials, letter styles, colors, illumination, sign type and sign shape in that both of the proposed wall signs are exactly the same and will also be used on other Ricoh buildings within the immediate vicinity. (b) Signs would utilize materials, colors, and a design motif which are compatible and which reflect the special qualities of the ZA Action 07-002 Page 2 architecture of the building on the site in both daytime and nighttime situations in that all signs would consist of internally illuminated channel letters of a uniform color, size, and font. (c) The master sign plan adequately addresses the removal of existing signage to accommodate the proposed signage. (d) The master sign plan designates the property owner and/or designated manager as the primary liaison with the City for all sign permit requests. (e) Because the center is over one acre in site area, the Zoning Administrator may approve a conditional use permit allowing the master sign plan to deviate from the specific standards for permanent business identification. 2. The requested deviation from the City Sign Code serves to keep the proposed signs within the context and scale of the building and surrounding uses. Due to the extensive size of the buildings, the master sign plan will ensure that signs will be appropriately visible while at the same time maintaining the visual quality of the site. 3. The maintenance and removal of any future signs for the Ricoh Center are adequately addressed in the proposed master sign plan and conditions of approval. F. This project is Categorically Exempt pursuant to Section 15311, Class 11 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Zoning Administrator hereby approves Conditional Use Permit 07-004 authorizing the establishment of a master sign plan for the properties located at 1101 Bell Avenue and 1100 Valencia Avenue subject to the conditions contained within Exhibit A, attached hereto. PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular meeting held on the 16~' day of April, 2007. ~. ELOISE H S RECORDING SECRETARY l/Ltz~/x}.r! ~~ ELIZABETH A. BINSACK ZONING ADMINISTRATOR ZA Action 07-002 Page 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, ELOISE HARRIS, 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. 07- 002 passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 16~' day of April, 2007. ELOISE HA IS Recording Secretary EXHIBIT A ZONING ADMINISTRATOR ACTION 07-002 CONDITIONAL USE PERMIT 07-004 CONDITIONS OF APPROVAL GENERAL (1) 1.1 All signs shall substantially conform to the master sign plan date stamped on April 16, 2007, the date of approval, on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development Department in accordance with this Exhibit. The Community Development Director may also approve minor modifications to plans during plan check if such modifications are consistent with the provisions of the Tustin City Code and other applicable codes. (1) 1.2 Unless otherwise specified, all conditions contained in this Exhibit shall be complied with prior to the issuance of any building permits for the project, subject to review and approval of the Community Development Department. (1) 1.3 Approval of Conditional Use Permit 07-004 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 "Notice of Discretionary Permit Approval and Conditions of Approval" form. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. Failure to comply with the conditions of approval shall be grounds for revocation of the conditional use permit. (1) 1.4 As a condition of approval of Conditional Use Permit 07-004, 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, 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 defense of any such action under this condition. SOURCE CODES (1) STANDARD CONDITION (5) (2) CEQA MITIGATION (s) (3) UNIFORM BUILDING CODE/S (7) (4) DESIGN REVIEW RESPONSIBLE AGENCY REQUIREMENT LANDSCAPING GUIDELINES PC/CC POLICY EXCEPTION Exhibit A ZA Action 07-002 Page 2 (1) 1.5 The applicant shall be responsible for costs associated with any necessary code enforcement, action, including attorneys fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. SIGNS (1) 2.1 All signs shall comply with the applicable provisions of the Uniform Building Code, the Title 24 Energy Code of 2005, the National Electric Code, and Tustin City Code Section 9404(A)(1) as adopted by the City (including UL approvals). (1) 2.2 All signs require review and approval by the Community Development Department prior to installation. Permits shall be required for all signs. (5) 2.3 All signs shall conform to the Ricoh Center master sign plan and revert to the City of Tustin Sign Code for any issues that remain silent in the Ricoh Center master sign plan. (5) 2.4 Prior to the installation of any signage proposed in the master sign plan, all existing signage that does not conform to the master sign plan shall be removed. (5) 2.5 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. FEES (1) 3.1 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 that 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.