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HomeMy WebLinkAboutCUP 09-016TUSTIN AUGUST 31, 2009 ZONING ADMINISTRATOR SUBJECT: CONDITIONAL USE PERMIT 09-016 APPLICANT/ ANDREW DURANT PROPERTY 180 NORTH C STREET OWNER: TUSTIN, CA 92780 LOCATION: 180 NORTH C STREET TUSTIN, CA 92780 GENERAL PLAN: LOW DENSITY RESIDENTIAL Inter-Com ZONING: SINGLE FAMILY RESIDENTIAL (R-1) ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 3) PURSUANT TO SECTION 15303 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. REQUEST: TO PERMIT AN ACCESSORY BUILDING TO BE USED AS A GUEST QUARTERS RECOMMENDATION That the Zoning Administrator adopt Zoning Administrator Action 09-007, approving Conditional Use Permit (CUP) 09-016. BACKGROUND The site is located in the Single Family Residential (R-1) Zoning District and Low Density Residential General Plan Land Use Designation. Tustin City Code Section 9223b2 lists accessary buildings to be used as guest quarters, provided no cooking facility is installed or maintained, as a conditionally permitted use in the R-1 district. TCC Section 9299b3(i) authorizes the Zoning Administrator to review applications for accessory buildings used as guest quarters. [3UlLDING OUR FUTURE FROM: COMMUNITY DEVELOPMENT DEPARTMENT HONORING OUR PAST Zoning Administrator August 31, 2009 CUP 09-016 Page 2 Site and Scrrrounding Properties The project site is located at the northern terminus of C Street between First Street and Irvine Boulevard (Attachment A -Location Map). The site has a 952 square foot house on the front of the property that is listed on the City's Historical Survey as a "D" rated Spanish Colonial Revival building, built around 1928. Also on the site is a 400 square foot detached garage with a 320 square foot unpermitted guest quarters, which this application proposes to permit. Surrounding properties to the west, south, and east are single family residential and within the R-1 Zoning District. The properties to the north of the project site are within the Professional (Pr) Zoning District and contain a variety of offices. 180 N C St. (Project Site) PROJECT DESCRIPTION The project site is a 6,000 square foot lot with a 952 square foot house, a 400 square foot garage with an unpermitted bathroom, and a 324 square foot unpermitted guest quarters attached to the garage. The applicant is requesting to permit the existing guest quarters, add an additional 70 square foot bathroom, and remove the existing unpermitted bathroom from the garage. To authorize the guest house, a conditional use permit and subsequent building permits must be obtained. Zoning Administrator August 31, 2009 CUP 09-016 Page 3 The proposed 390 square foot guest house bathroom would meet all the development standards in TCC Section 9223b2 pertaining to accessory buildings used as guest quarters (Attachment B -Land Use Application Fact Sheet). Once the unpermitted bathroom is removed from the garage, it will meet the City's requirement of a minimum 20 foot by 20 foot clear space for atwo-car garage. Pursuant to the Tustin City Code, guest quarters do not require parking in excess of the two-car garage provided for the primary residence. The proposed garage/guest house is situated to the rear of the property, approximately 75 feet from the front property line and set back approximately 17 feet from the existing house. The guest quarters are attached to the rear of the garage and approximately 95 feet from the front property line. The garage can be seen from the street, but the guest quarters are fully screened by the garage, fences, and existing landscaping. In addition, the garage/guest quarters would have a similar architecture and finish as the existing main house. The guest quarters have been conditioned to be for guest quarters purposes and shall not become a separate unit, be rented or leased, or have cooking facilities installed and/or maintained. Pursuant to Condition No. 2.2 of Zoning Administrator Action 09- 007, the applicant shall record a deed restriction to restrict the accessory building from being used as a separate residential unit or having cooking facilities installed andlor maintained. FINDINGS In determining whether to approve the Conditional Use Permit, the Zoning Administrator must determine whether or not the proposed guest quarters 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 property is zoned single family residential (R-1) and Tustin City Code Section 9223b2 allows for guest quarters, provided that no cooking facility is installed or maintained, with the approval of a Conditional Use Permit. 2) The use and design of the proposed guest quarters, 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 as pertaining to accessory buildings used as guest quarters. 3) The use, as conditioned, would not be detrimental to surrounding residents or properties since the use would be limited to guest quarters which are accessory to asingle-family residence and will be used in conjunction with the main Zoning Administrator August 31, 2009 CUP 09-016 Page 4 residence. The property owner would not be able to lease or rent the accessory guest quarters. 4) The design of the accessary building ensures that it will be accessory to the main residence. The placement of the building behind the detached garage is consistent with the predominant land use pattern in the area. In addition, the design of the accessary building will be consistent with the features of the existing main residence. 5) The accessory building is located in the rear portion of the property and over 90 feet from the front property line along North C Street. The structure is not readily visible from the public right-of-way due to the extensive screening provided by landscaping, fences, the existing garage, and the main structure. Staff recommends that the Zoning Administrator adopt Zoning Administrator Action No. 09-007, approving Conditional Use Permit 09-016 to permit an accessory building to be used as guest quarters located at 180 North C Street. Cari Meyer Assistant Planner Attachments: A. Location Map B. Land Use Application Fact Sheet C. Submitted Plans D. Zoning Administrator Action No. 09-007 S:1Cdd1ZAREPORT120091CUP 09-016 (guest house 180 N C).doc ATTAGHMENT A Location Map .~2 I , .IJ. 8A I c~ r ;y ~, - u: _' ~" i'Tfl ; r~ i0 I '/'3 tUt3 IG5 t fib 1153 15H 155 IaU tai ,aa u ~~ FAD i !J3 f 3{; ~-y° i 3ti g "t 3{] ~tn '. a t rote I?`.; 1 4D ~ L~ Icl z ~ ~ ~ ~ - ~ - ' I . i tit s ~_'f ~ '~ .D r. QI , ~.. m ro Ir . ~ ` ~'~ I F.r.i_ i ~ - ~- 17711 177<42 / ' - ~ ~t'c:aI,IGRE kLi~iylU~;LIA w J /// _ - :'' Z ... , ~ i ~ I~Li~ "~ i .. hLr~A~ _ w ~~, r ., , °; r,. ~~ ' m ., l . ~"` iu ~ . ._....._....._ I .,r__ __. ..... _.. ...._ .... .............._.. Q. ti I 71;41 300' .; I . 500' , ~ , _ 1 r ~r ~- 1 w ; ___ 4711 ~ f fy'A ~ I ~!~ ~ . _ IAA ' ~ ~ i F r _ I ~ il3 1b r jl rih I --{ 'i,.~ rp ` - I i i ' ~ ,a ~~ r . , _ '' ° - l /r :' m ..._- I la~l -; I.t ; I ' ar. a i ~ I 7.. I I f ).. ~ 4jJ 7 ,.~ I -. ---+ I I ,;5; I ! ~ .. ~ '.r I ~ ' ~z I j j r r ~ o~ 2oan i ATTACHMENT B Land Use Application Fact Sheet LAND USE APPLICATION FACT SHEET 1. LAND USE APPLICATION NUMBER(S): Conditional Use Permit (CUP) 09-016 2. LOCATION: 180 N C St. 3. LOT: 29 TRACT: 338 4. APN(S): 401-531-26 5. PREVIOUS OR CONCURRENT APPLICATION RELATING TO THIS PROPERTY: None 6. SURROUNDING LAND USES: NORTH: Professional Offices EAST: Residential 7. SURROUNDING ZONING DESIGNATION: NOR I H: Professional (Pr) EAST: Sinqle Family Residential (R-1) 8. SURROUNDING GENERAL PLAN DESIGNATION: NORTH: Professio EAST: Low Densit 9. SITE LAND USE: Use: Zoning: General Plan: SOUTH: Residential WEST: Residential SOUTH: Single Family Residential (R-1) WEST: Single Family Residential {R-1) nal Office SOUTH: Low Density Residential r Residential WEST; Low Density Residential EXISTING PROPOSED Sinqle Family Residential, Detached No Change Sinqle Family Residential (R-1~ No Change Low Density Residential No Change 10. DEVELOPMENT STANDARDS (ACCESSORY BUILDINGS USED AS GUEST ROOMS, NO KITCHEN FACILITY): Maximum Height: Maximum Lot Coverage: Minimum Front Yard Setback: Minimum Side Yard Setback: Minimum Rear Yard Setback: Other: REQUIRED 30 feet 30% of rear yard 50 feet 5 feet 5 feet 1,000 square feet free and clear on rear 1/3 of lot PROPOSED 9 feet 14% of rear yard 95 feet, 6 inches 5 feet, 4 inches 5 feet, 8 inches 1,210 square feet free and clear on rear 1/3 of lot 11. OTHER UNIQUE CONDITIONS ASSOCIATED TO THE PROPERTY (I.E, SPECIAL STUDY ZONES, EASEMENTS, ETC.): None S:1CddlCarilCUP109-016 (Guest House)1Land Use Application Fact Sheet.Doc ATTACHMENT C Submitted Plans See full size set of plans (Available upon request) ATTACHMENT D Zoning Administrator Action No. 09-007 ZONING ADMINISTRATOR ACTION 09-007 CONDITIONAL USE PERMIT 09-016 180 NORTH C 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) 09-016 was filed by Andrew Durant, property owner, requesting authorization to permit a 390 square foot accessory building to be used as guest quarters. B. That the site is designated as Low Density Residential by the City General Plan and is zoned as Single Family Residential (R-1). 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 09-016 on August 31, 2009, 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 guest quarters 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 property is zoned single family residential (R-1) and Tustin City Code Section 9223b2 allows for guest quarters, provided that no cooking facility is installed or maintained, with the approval of a Conditional Use Permit. 2) The use and design of the proposed guest quarters, 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 as pertaining to accessory buildings used as guest quarters. 3) The use, as conditioned, would not be detrimental to surrounding residents or properties since the use would be limited to guest quarters which aer 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 quarters. 4) The design of the accessory building ensures that it will be accessory to the main residence. The placement of the building behind the Zoning Administrator Action 09-007 CUP 09-016 Page 2 detached garage is consistent with the predominant land use pattern in the area. In addition, the design of the accessory building will be consistent with the features of the existing main residence. 5) The accessory building is located in the rear portion of the property and over 90 feet from the front property line along North G Street. The structure is not readily visible from the public right-of-way due to the extensive screening provided by landscaping, fences, the existing garage, 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 09-016 to authorize a 390 square foot accessory building to be used as guest quarters, 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 31St day of August, 2009. 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. 09-007 was passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 31St day of August, 2009. Eloise Harris RECORDING SECRETARY EXHIBIT A ZONING ADMINISTRATOR ACTION 09-007 CONDITIONAL USE PERMIT 09-016 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped August 31, 2009, 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 09-016 is contingent upon the applicant and property owner signing and returning to the Gommunity 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 issuance of an Administrative Citation pursuant to Tustin City Code Section 1162(a). (1) 1.6 Conditional Use Permit 09-016 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 09-016, or is found to be a nuisance or negative impacts are affecting the SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENTS (2) GEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PClCC POLICY (4) DESIGN REVIEW **'" EXCEPTIONS Exhibit A ZA Action 09-007 Page 2 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 09-016, 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. USE RESTRICTIONS (1) 2.1 The property is authorized as a single family residential use only. Home businesses shall comply with the City of Tustin's Home Occupation requirements. (1) 2.2 Use of any accessary 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 shall 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 guest quarters are used or leased as a second unit. This deed restriction shall 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. (1) 2.3 No outdoor storage shall be permitted except as approved by the City of Tustin Community Development Director. (4) 2.4 All unpermitted structures not covered by the CUP shall be removed prior to final building inspection. Plans submitted for plan check shall identify all unpermitted structures and include a note that they will be removed. PLAN SUBMITTAL (1) 3.1 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 Exhibit A ZA Action 09-007 Page 3 Code (CEC), California Title 24 Accessibility Regulations, 2007 Title 24 Energy Regulations, City Ordinances, and State and Federal laws and regulations. At the time of plan submittal provide: • Four (4) set of plans including building, electrical, mechanical, and plumbing plans. • Two sets of structural calculations (when applicable). • Two sets of Title 24 energy calculations for outdoor lighting (when applicable). (1) 3.2 Pursuant to the City of Tustin's Security Ordinance and the Uniform Fire Code, street numbers shall be displayed in a prominent location on the street side of the main house. The numerals shall be no less than four (4) inches in height and shall be of contrasting color to the background to which they are attached and illuminated during hours of darkness. (1) 3.3 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. PUBLIC WORKS (1) 4.1 Prior to any work in the public right-of-way, an Encroachment Permit shall be obtained from and applicable fees paid to the Public Works Department. (1) 4.2 Prior to issuance of a building permit, the applicant shall provide written approval from the Orange County Sanitation District. (1) 4.3 Construction and Demolition Waste Recycling and Reduction Plan (WRRP): If the project's valuation is $50,000 or greater, 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 50 percent of the project waste material. • The applicant will be required to submit a $50.00 application fee and a cash security deposit. Based on the review of the submitted Waste Management Plan, the cash security deposit will be determined by the Public Works Department in an amount not to exceed five percent of the project's valuation. • Prior to issuance of a building permit, the applicant shall submit the required security deposit in the form of cash, cashier's check, personal check, or money order made payable to the "City of Tustin." Exhibit A ZA Action 09-007 Page 4 FEES (1, 5) 5.1 Prior to issuance of any permits, payment shall be made of all applicable fees, including but not limited to, the following: • Building Plan Check and Permit Fees • Transportation System Improvement Program Fees • School Fees (1) 5.2 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.