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Home My WebLink AboutCUP 08-011~~ ~ __ _ __- ---- -- ------- ~ f ~r~fer-Com ~`~; ti1~TE; JUNE 30, 2008 ~;';~ [ ~: ZONING ADMINISTRATOR F~RC~~f~: COMMUNITY DEVELOPMENT DEPARTMENT ~! 1~J~C~-: CONDITIONAL USE PERMIT 08-011 APPLICANT/ JOSE MARTINEZ PROPERTY 440 S. PACIFIC STREET OWNER: TUSTIN, CA 92780 LOCATION: 440 S. PACIFIC STREET TUSTIN, CA 92780 GENERAL PLAN: OLD TOWN COMMERCIAL ZONING: SINGLE FAMILY RESIDENTIAL (R-1) CULTURAL RESOURCES OVERLAY DISTRICT ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 3) PURSUANT TO SECTION 15303 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. REQUEST: A REQUEST TO PERMIT AN ACCESSORY BUILDING TO BE USED AS A GUEST ROOM. RECOMMENDATION Staff recommends that the Zoning Administrator adopt Zoning Administrator Action 08- 008, approving Conditional Use Permit (CUP) 08-011 to permit an accessory building to be used as a guest room located at 440 S. Pacific Street. BACKGROUND Location The project site is located within the Cultural Resources Overlay District (Old Town Tustin) on Pacific Street just south of Main Street (Attachment A -Location Map). Surrounding properties are single family residential uses that are also located within the R-1 Zoning District with the exception of a high density Planned Development (PD) Zoning Administrator June 30, 2008 CUP 08-011 Page 2 residential complex to the west of the project site. Since the property is located within the Cultural Resources Overlay District, approval of a Certificate of Appropriateness is required. The Community Development Director would issue the Certificate of Appropriateness prior to building permit issuance if the project is approved. While the property is located within Old Town Tustin, it is not an historic property and not listed in the City of Tustin Historical Resources Survey Report. Conditional Use Permit Accessory buildings used as guest rooms where no cooking facility is installed or maintained are conditionally permitted uses pursuant to Section 9223b2. of the Tustin City Code. The Zoning Administrator has the authority to approve, conditionally approve, or deny the request for an accessory building to be used as a guest room pursuant to Section 9299b(3)(i). PROJECT DESCRIPTION The applicant purchased the 32,300 square foot property in January 2008. Existing on the property is a single family home along with an unpermitted detached two-car garage with an illegal second floor apartment. The applicant is now requesting to permit the structure and convert the apartment to a guest room without a kitchen by obtaining a conditional use permit and building permits to convert the guest house and provide structural reinforcements to the building. As existing, the 1,310 square foot structure meets all of the development standards as set forth in Section 9223b2 pertaining to accessory buildings used as guest rooms. The garage also meets the City's minimum requirements of a twenty foot by twenty foot clear space for atwo-car garage. The proposed structural enhancements will not alter the building on the exterior and will not alter it in such a way as to bring it out of compliance with the development standards. Each floor has an area of 655 square feet with an exterior stairwell allowing for access between the two floors. The entire guest quarters are located on the second floor. Pursuant to the Tustin City Code, guest quarters do not require parking in excess of the two-car garage provided for the second floor residence. The garage/guest house is situated to the rear of the property more than 129 feet from the front property line and set back more than 28 feet behind the existing house. There are extensive landscaping and mature trees that screen the structure from the street. The garage/guest house shares a similar architecture and finish as the existing main house. Guest Room The guest room facility has been conditioned to remain as a guest room and shall not become a separate unit nor shall the building be rented or leased. Pursuant to Condition No. 3.1 of Zoning Administrator Action 08-008, the applicant shall record a Zoning Administrator June 30, 2008 CUP 08-011 Page 3 deed restriction to restrict the accessory building as being used as a separate residential unit. Furthermore, the guest quarters may not have any cooking facility. FINDINGS In determining whether to approve. the Conditional Use Permit, the Zoning Administrator must determine whether or not the proposed specialty retail use will be detrimental to the health, safety, morals, comfort, and general welfare of the persons residing in or working in the neighborhood or whether it will be injurious or detrimental to property or improvements in the vicinity or to the welfare of the City. A decision to approve this request may be supported by the following findings: 1) The use and design of the proposed accessory structure, as conditioned, would not be detrimental to surrounding properties in that the proposed structure will comply with all applicable development standards of the R-1 zoning district and the Cultural Resources Overlay District. 2) The use, as conditioned, would not be detrimental to surrounding residents or properties since the use would be limited to a garage and guest room which are accessory fio asingle-family residence and will be used by the residents in conjunction with the main residence. The property owner would not be able to lease or rent the accessory guest rooms without first complying with Tustin City Code Section 9223a(7) for a second single-family structure, including providing two (2) additional garage spaces. 3) The design of the accessory building ensures that it will be accessory to the main residence by appearing to be a garage structure. The placement of the building is consistent with the predominant land use pattern in the area of single-family residences with detached garages. In addition, the design of the accessory building will be consistent with the features of the existing main residence. 4) The accessory building is located in the rear portion of the property and over one hundred feet from the front property line along Pacific Street. The structure is not readily visible from the public right-of-way due to the extensive screening provided by mature landscaping and the main structure. Staff recommends that the Zoning Administrator adopt Zoning Administrator Action No. 08-008, approving Conditional Use Permit 08-011 to permit an accessory building to be used as a guest room located at 440 S. Pacific Street. ~C~r~ ~~~ ~ far Ryan Swiontek Associate Planner Zoning Administrator June 30, 2008 CUP 08-011 Page 4 Attachments: A. Location Map B. Submitted Plans C. Zoning Administrator Action No. 08-008 S:\Cdd~ZAREPORT\2008\ZA report CUP 08-011.doc ATTACHMENT A LOCATION MAP LOCATION MAP PROJECT NO.: CUP 08-011 ADDRESS: 440 S. PACIFIC ST. Ft~:;"'v ;;'Y CE33t i Y_ 4' t%kC(fi iL` 5f_ A4~hil?J. SY. t ~ t31bC,. ti ~ ~ ~ H ,, r ~, ~ , ,,, ~ ~~ti ~- ---i-- -~ ,~~ ~~, , Its 3- ~~'~ ,~ ,~ ~ti 1s,~ ~`~~ '~ ~ `~'t,~` ' ° ~~°~ ~ 500' ,~ .~ ~ ~ `.. 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Section Detail A rill 6t o w ap ory , ~ sa+le:l/1«-1' Uaderpio ti TYP A> F d y.~.. ~ ~" ova aa ( ) a 1,~" saMploR suR wm(11eM~ a~w rat) ~wr 04' u, ~'` ,~sgra.c zMS®rhu Y . . r ~ dlbgro.o. ^ Y / " " ' ~ G4JYt r~00f 10~t IdId11Y~ aa°~a Ari~6"u, lgatln{aFbafde lwdN1 wrr DKM I rQrp Nord g POS. yi~~ie RloldMmrapPW O 5 O roQawm sod EN wig Mod g 16 o.c. O ~~ ~~ 9UI p EYdM ~oa~ ~. a~ aa~ ~ j ~ ~exyMe.~a~dmx) 6th cmoMe ~b t ~ vw~M~o ..3~• s; ~ "~"'y ' ` ''. cesaseu u t ar 3" am,w J,._,4,_y ImtM pl~{etr O O rwua« 6 (E)StLdplte (E)5ta15trMp (E)I/T' 33/~f"420"d/4' 2"d9"d/4" E)PachFn~rq tat~8 (E)Fa (E:)Carclrrad ~)5tadplta FraMq 3 3/ 4"r1t7'd/ R' wek!!diostai (F)I/2"tsgbdlt fi't' tdd 8 carte e..® (E)5tedposb 31/2" ~~~ FratV~nr reldadtostrdplate 5dener 2 ~ ~or~ect~ondetall at tap o~ stags ~t~~~~ ATTACHMENT C ZONING ADMINISTRATOR ACTION NO. 08-008 ZONING ADMINISTRATOR ACTION 08-008 CONDITIONAL USE PERMIT 08-011 440 SOUTH PACIFIC STREET The Zoning Administrator of the City of Tustin does hereby resolve as follows: I. The Zoning Administrator finds and determines as follows: A. That a proper application for Conditional Use Permit (CUP .08-011) was filed by Jose Martinez, property owner, requesting authorization to permit a 1,310 square foot accessory building to be used as a guest room. B. That the site is designated as Low Density Residential by the City General Plan and is zoned as Single Family Residential (R-1) and located within the Cultural Resources Overlay District. The project is consistent with the Air Quality Sub-element of the City of Tustin General Plan. C. That a public hearing was duly called, noticed, and held for Conditional Use Permit 08-011 on June 30, 2008, by the Zoning Administrator. D. That The Zoning Administrator has the authority to approve, conditionally approve or deny the request for an accessory building to be used as a guest room pursuant to Section 9299b(3)(i) of the Tustin City Code. E. That the establishment, maintenance, or operation of the project will not, under the circumstances of the use, be detrimental to the health, safety, morals, comfort, and general welfare of the persons residing or working in the neighborhood or injurious or detrimental to property and improvements in the neighborhood or the general welfare of the City in that: 1) The use and design of the proposed accessory structure, as conditioned, would not be detrimental to surrounding properties in that the proposed structure will comply with all applicable development standards of the R-1 zoning district and Cultural Resources Overlay District. 2) The use, as conditioned, would not be detrimental to surrounding residents or properties since the use would be limited to a garage and guest room which are accessory to asingle-family residence and will be used by the residents in conjunction with the main residence. The property owner would not be able to lease or rent the accessory guest rooms without first complying with Tustin City Code Section 9223a(7) for a second single-family structure, including providing two (2) additional garage spaces. 3) The design of the accessory building ensures that it will be accessory to the main residence by appearing to be a garage Zoning Administrator Action 08-008 CUP 08-011 Page 2 structure. The placement of the building is consistent with the predominant land use pattern in the area of single-family residences with detached garages. In addition, the design of the accessory building will be consistent with the features of the existing main residence. 4) The accessory building is located in the rear portion of the property and over one hundred feet from the front property line along Pacific Street. The structure is scarcely visible from the public right-of-way due to the extensive screening provided by mature landscaping and the main structure. F. That this project is Categorically Exempt pursuant to Section 15303, Class 3, Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Zoning Administrator hereby approves Conditional Use Permit 08-011 and Minor Adjustment 08-011 to authorize a 1,310 square foot accessory building to be used as a guest room, 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 30th day of June, 2008. Dana Ogdon ACTING ZONING ADMINISTRATOR Eloise Harris RECORDING SECRETARY 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. 08-008 was passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 30~' day of June, 2008. Eloise Harris RECORDING SECRETARY EXHIBIT A ZONING ADMINISTRATOR ACTION 08-008 CONDITIONAL USE PERMIT 08-011 CONDITIONS OF APPROVAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped June 30, 2008, on file with the Community Development Department, as herein modified, or as modified by the Community Development Director in accordance with this Exhibit. The Director may also approve subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code or other applicable regulations. (1) 1.2 Unless otherwise specified, the 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 by the Community Development Department. (1) 1.3 The subject project approval shall become null and void unless permits for the proposed project are issued and substantial construction is underway within twelve (12) months of the date of this Exhibit. Time extensions may be considered if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.4 Approval of Conditional Use Permit 08-011 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 Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. (1) 1.5 Any violation of any of the conditions imposed is subject to the payment of a civil penalty of $100.00 for each violation, or such other amounts as the City Council may establish by ordinance or resolution, and for each day the violation exists, subject to the applicable notice, hearing, and appeal process as established by the City Council ordinance. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENTS (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTIONS Exhibit A ZA Action 08-011 Page 2 (1) 1.6 Conditional Use Permit 08-011 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director, to ensure compatibility with the area and compliance with the conditions contained herein. If the use is not operated in accordance with Conditional Use Permit 08-011, or is found to be a nuisance or negative impacts are affecting the surrounding tenants or neighborhood, the Community Development Director shall impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the Conditional Use Permit. (1) 1.7 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. (1) 1.8 As a condition of approval of Conditional Use Permit 08-011, 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. The City may, at its sole cost and expense, elect to participate in defense of any such action under this condition. PLAN SUBMITTAL (3) 2.1 At the time of building permit application, the plans shall comply with the 2007 California Building Code (CBC), 2007 California Mechanical Code (CMC), 2007 California Plumbing Codes (CPC), 2007 California Electrical Code (CEC), California Title 24 Accessibility Regulations, 2005 Title 24 Energy Regulations, City Ordinances, and State and Federal laws and regulations 2005 Edition. (3) 2.2 Prior to issuance of a demolition, precise/rough grading, and/or building permit with a valuation of $50,000 or greater, the applicant shall submit for approval by the City of Tustin, Construction & Demolition (C&D) debris collection, disposal, and diversion information on City approved forms. At least 50 percent of the construction debris shall be diverted from landfill to the recycling plants. A security deposit in the amount of 5% of the project construction valuation for a C&D will be collected prior to issuance of permit. Prior to final inspection, the applicant shall submit to the City of Tustin documents (i.e. receipt from vendor) showing actual weight or volume of each material of C&D diverted to the recycling center (City Ordinance 1281 > . For any questions or concerns, please contact the Public Works Department at (714) 573-3151. Exhibit A ZA Action 08-011 Page 3 (1) 2.3 No outdoor storage shall be permitted except as approved by the City of Tustin Community Development Director. (1) 2.4 The applicant shall comply with all City policies regarding short-term construction emissions, including periodic watering of the site and prohibiting grading during second stage smog alerts and when wind velocities exceed 15 miles per hour. USE RESTRICTIONS (***) 3.1 Use of any on-site accessory building as a second unit or boarding house is not permitted without prior approval of the City. Prior to the issuance of building permits, the property owner will need to execute and record a deed restriction in a form acceptable to the Community Development Department and City Attorney to ensure that no parts of the residence are used or leased as a second unit. This deed restriction will need to be recorded with the Office of the Orange County Recorder and shall be binding upon all future owners or interested parties of the subject property. (***) 3.2 Pursuant to Tustin City Code Section 9297, the minimum interior garage space dimensions shall be not less than ten (10) feet in width by twenty (20) feet in depth, clear and unobstructed for each space. All garage spaces on the site shall be used for the parking of vehicles owned, operated, or maintained by residents of the property. FEES (1) 4.1 Prior to issuance of any building permits, payment shall be made of all applicable fees, including but not limited to, the following. Payment shall be required based upon those rates in effect at the time of payment and are subject to change. a. Building plan check and permit fees to the Community Development Department based on the most current schedule. b. 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. S:\Cdd\ZAACTION12008\ZA Action CUP 08-011.doc