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.
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