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HomeMy WebLinkAboutZA Action 08-008ZONING 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 neighbofiood 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 Califomia Code of Regulations (Guidelines for the Califomia 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. Eloise Ham RECORDING SECRETARY STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) ~~~ Dana Ogdon ACTING ZONING ADMINISTRATOR I, ELOISE HARRIS, the undersigned, hereby certify that the Zoning Administrator of the City of Tustin, Califomia; No. 08-008 was passed and adopted at a regular Administrator held on the 30~' day of June, 2008. Eloise RECORDING SECRETARY I am the Recording Secretary of that Zoning Administrator Action meeting of the Tustin Zoning 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 CODES (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:1Cdd\ZAACTION\2008~ZA Action CUP 08-011.doc