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HomeMy WebLinkAboutZA Action 09-007ZONING 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: 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 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. 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 31 St day of August, 2009. ~.~. Eloise Harns RECORDING SECRETARY STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) (`~~..~. ~ aka-`--- Dana Ogdon ACTING ZONING ADMINISTRATOR I, ELOISE HARRIS, the undersigned, hereby certify that the Zoning Administrator of the City of Tustin, California; No. 09-007 was passed and adopted at a regular Administrator, held on the 31St day of August, 2009. ~~ . Eloise Harris RECORDING SECRETARY I am the Recording Secretary of that Zoning Administrator Action meeting of the Tustin Zoning 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 rile 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 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 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) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODES (7) PC/CC 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 businesses shall comply requirements. as a single family residential use only. Home with the City of Tustin's Home Occupation (1) 2.2 Use of any 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 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 and/or work not covered by the CUP shall be removed prior to final building inspection. Plans submitted for plan check shall identify all unpermitted structures and/or work 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 Exhibit A ZA Action 09-007 Page 3 (CMC), 2007 California Plumbing Codes (CPC), 2007 California Electrical Cade (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 eve 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.