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HomeMy WebLinkAboutZA Action 10-001ZONING ADMINISTRATOR ACTION 10-001 CONDITIONAL USE PERMIT 09-001 168 NORTH B 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 Minor Adjustment (MA) 09-001 was filed by Bruce Lane and Judith Kollar, property owners, requesting to decrease the number of required off-street parking spaces by one (1) garage space for a recognized historic resource. 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. Tustin City Code Section 9264b allows for the number of required off- street parking spaces to be decreased by one (1) garage or parking space when associated with a recognized historic resource when specific findings can be made. D. That the Zoning Administrator has the authority to approve, conditionally approve, or deny the request for a minor adjustment to decrease the number of required off-street parking spaces for historic residential land uses by a maximum of one (1) parking space pursuant to Section 9299b(1)(i) of the Tustin City Code. E. That a public hearing was duly called, noticed, and held for Minor Adjustment 09-001 on February 1, 2010, by the Zoning Administrator. F. 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 subject property is listed on the survey as a "C" rated California bungalow structure with a NRHP status of 5D1, recognizing the home as historically significant to the local historic resources. 2) The subject property has an existing one-car garage provided on-site 3) Due to the configuration and layout of the existing house, one-car garage, and other site components including stoops, cellar doors, and landscaping, there is not adequate room to accommodate another garage space with sufficient space for access and back up distance, and providing a new garage space or access to a new garage could Zoning Administrator Action 10-001 MA 09-001 Page 2 result in significant alteration or demolition of the historic structure or historic garage. 4) The existing house is approximately 1,078 square feet and the proposed addition is 80 square feet, an increase of approximately 7.4 percent. 5) The existing one-car garage is setback over 60 feet from the street, and the driveway leading to the garage can accommodate one of the required spaces as an uncovered, tandem space. 6) In order to accommodate atwo-car garage, significant alterations would be required to provide sufficient access and backup distance, significantly damaging the integrity of the historic structure and site. 7) The addition of a second bathroom will increase the livability, functionality, and value of the historic home without changing the appearance of the property from the public right-of-way. 8) The minor adjustment is not associated with the addition of a second residential unit or an increase in density or intensity. 9) Approval of the Minor Adjustment 09-001 would not be granting a special privilege in that the subject properly is listed on the City's Historic Resources Survey and the City Code allows listed properties to apply for a decrease in off-street parking requirements. Other properties listed on the Historic Resources Survey that could meet the required findings may also be considered for a minor adjustment on a case-by-case basis. G. That this project is Categorically Exempt pursuant to Section 15301, Class 1, Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Zoning Administrator hereby approves Minor Adjustment 09-001 to authorize a decrease in the number of required off-street parking spaces by one (1) garage space for a recognized historic resource, 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 1St day of February, 2010. ~_ Eloise RECORDING SECRETARY ~...~.-a. ~ d c>d~--_ Dana L. Ogdon ACTING ZONING ADMINISTRATOR Zoning Administrator Action 10-001 MA 09-001 Page 3 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. 10-001 was passed Sand adopted at a regular meeting of the Tustin Zoning Administrator, held on the 1 day of February, 2010. Eloise ~"arris RECORDING SECRETARY EXHIBIT A ZONING ADMINISTRATOR ACTION 10-001 MINOR ADJUSTMENT 09-001 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped February 1, 2010, on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. The Director of Community Development may also approve subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code. (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified, subject to review and approval by the Community Development Department. (1) 1.3 Approval of Minor Adjustment 09-001 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) 1.4 As a condition of approval of Minor Adjustment 09-001, 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 filed against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in the defense of any such action under this condition. 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 10-001 Page 2 (1) 1.5 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney's fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. USE RESTRICTIONS (1) 2.1 This approval is contingent on the property remaining a single family home listed on the City's Historic Survey. Should the residence be removed from the Historic Survey or redeveloped, all parking would need to comply with the codes in place at that time. (1) 2.2 The applicant shall maintain a minimum one-car garage on-site. Should the existing garage be removed, replaced, or destroyed, all required parking would need to comply with the codes in place at that time. (1) 2.3 New additions to the historic structure shall be limited to a maximum of one hundred fifty (150) percent of the existing 1,078 square feet. Increases in square footage beyond this limit shall require a second garage space to be provided on-site. (1) 2.4 Any new additions and/or structures on the project site shall comply with applicable sections of the Tustin City Code. (1) 2.5 The applicant shall apply for and obtain building permits for any alterations. (1) 2.6 The garage and driveway shall remain permanently accessible for the parking of a minimum of two (2) cars on-site. FEES (1, 5) 3.1 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 the 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.