HomeMy WebLinkAboutCUP 10-005TUSTIN
Inter-Com
DATE: JUNE 2, 2010
TO: ZONING ADMINISTRATOR
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: CONDITIONAL USE PERMIT 10-005
BUILDING OUR FU"PURE
hIONORWC: OUR PAST
APPLICANT/ MICHAEL J. DEMORATZ
PROPERTY 310 PASADENA AVENUE
OWNER: TUSTIN, CA 92780
LOCATION: 310 PASADENA AVENUE
TUSTIN, CA 92780
GENERAL PLAN: LOW DENSITY RESIDENTIAL
ZONING: SINGLE-FAMILY RESIDENTIAL (R-1 ), CULTURAL RESOURCE
OVERLAY DISTRICT (CR)
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
GUESTHOUSE
Zoning Administrator
June 2, 2010
CUP 10-005
Page 2
RECOMMENDATION
That the Zoning Administrator adopt Zoning Administrator Action 10-006, approving
Conditional Use Permit (CUP) 10-005.
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 (TCC)
Section 9223b2 lists accessory buildings to be used as guest rooms (also referred to as
"guesthouse"), 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 rooms.
Site and Surrounding Properties
The project site is located on Pasadena Avenue north of Main Street, south of Second
Street, west of Myrtle Street, and directly east of (abutting) the Costa Mesa (SR-55)
Freeway (Attachment A -Location Map). Surrounding properties directly to the east and
north are detached single-family residences, to the south are multiple-family residences,
and to the west is the freeway right-of-way. Beyond the single-family residence
immediately to the north of the property is the Tustin Water Service's Pasadena Well
site. Figure 1 shows the subject property and the zoning designations of surrounding
properties. The property is also located within the Cultural Resource (CR) Overlay
District, where a Certificate of Appropriateness will be required (at the time of building
permit issuance) certifying that all work undertaken is consistent with the historic
structure and the historic district.
Zoning Administrator
June 2, 2010
CUP 10-005
Page 3
The project site is an approximately 17,000 square foot lot improved with atwo-story
main house on the front of the property, commonly referred to as "Wilcox Manor," that
was built in 1880. The main house is listed on the City's 1990 Historical Resource
Survey as a Craftsman style building with an "A" rating, signifying the highest
architectural and historical significance and integrity. Also on the site is an
approximately 920 square foot two-story, detached carriage house, which this
application proposes to permit as a guesthouse. The carriage house accessory building
is also listed on the Historic Survey as being built in 1880 in the Victorian - Italianate
style, and has a "B" rating due to some alterations made to the building (see Attachment
B -Tustin Historical Survey excerpt).
PROJECT DESCRIPTION
The existing two-story detached accessory building is a carriage house approximately
920 square feet in size that was built in 1880. According to the City's Historic Resource
Survey Report (Attachment B), the structure was originally believed to have been used
as a stage stop and subsequently as a carriage house, garage, and apartments. At this
time, the applicant is requesting to legalize the accessory building as a guesthouse by
obtaining a conditional use permit for the use.
Concurrent to legalizing the accessory building as a guesthouse, the property owners
are proposing to construct a 352 square foot addition to the rear of the main house and
a 957 square foot covered patio that will attach the main house to the carriage house.
Permits have also been applied for to permit the bathroom on the first floor of the
accessory building. The space shown on the first floor plan (Attachment C -Submitted
Plans) of the accessory building is labeled as "garage," but has not been used as a
garage for a number of years since the original carriage doors were replaced with
aluminum sliding glass doors. This garage space is not required per the Tustin City
Code as it relates to the single-family residence or guesthouse since another two-car
garage exists on site, nor would it meet the requirements of standard garage spaces per
the TCC. In conjunction with this application, the applicant proposes to convert the
garage space to living space, remove the sliding glass doors, frame in a wall on the
interior, and restore the appearance of carriage doors on the facade.
ANALYSIS
The existing accessory building (to be used as a guesthouse) is situated towards the
rear of the property, set back approximately 75 feet from the front property line and 10
feet northwest of the existing house. View of the guesthouse from Pasadena Avenue is
obscured by the existing main house, new detached garage, fences, and mature
landscaping. In addition, the accessory building features similar architecture and finish
as the main house.
The existing accessory building to be used as a guesthouse meets all applicable
development standards in TCC Section 9223b2 pertaining to accessory buildings used
as a guesthouse (see Attachment D -Land Use Application Fact Sheet). However, it
Zoning Administrator
June 2, 2010
CUP 10-005
Page 4
should be noted that portions of the rear of the property were taken for the creation and
widening of the Costa Mesa (SR-55) Freeway. The rear of the accessory building
(portion used for storage) has an approximate one (1) foot setback from the rear
property line, where a five (5) foot setback is typically required in the R-1 zoning district.
Section 9273(e) of the TCC, which addresses Nonconforming Structures and Uses,
states that any use, building, or structure which is legal and conforming and made "non-
conforming" in design or arrangement due to acquisition of public right-of-way, shall be
exempt from nonconforming status. Since the property has been subject tv acquisition
for right-of-way purposes, the property is not considered nonconforming under the said
section.
A "guesthouse" is defined in TCC Section 9297 as "detached living quarters of a
permanent type of construction and without kitchens or cooking facilities and where no
compensation in any form is received or paid." Pursuant to proposed Condition 2.2 of
Zoning Administrator Action 10-006, the applicant would be required to record a deed
restriction to prevent the accessory building/guest house from being used as a separate
residential unit or having cooking facilities installed and/or maintained.
The only exterior change to the subject accessory building proposed as part of CUP is
to restore the facade to have the appearance of a carriage house. As is noted in the
Historical Survey Report (Attachment B), the original carriage door was replaced with
aluminum sliding glass doors, altering the architectural integrity of the structure. The
applicants are proposing at this time to remove the sliding glass doors, frame in the
wall, and add decorative panels on the exterior to resemble a traditional carriage door,
restoring a historical architectural feature that was lost.
Parking
A new, detached, two-car garage has recently been constructed on the lot, adjacent to
the main structure and in front of the existing carriage house. The two-car garage
satisfies the City Code requirement for parking for asingle-family residence. Since a
guesthouse is accessory to asingle-family residential use and is not permitted to be
used as a separate unit, no additional parking is required for the guesthouse.
Therefore, the subject property and project are in conformance with the Tustin City
Code off-street parking requirements.
FINDINGS
In determining whether to approve the Conditional Use Permit, the Zoning Administrator
must determine whether or not the proposed guesthouse 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:
Zoning Administrator
June 2, 2010
CUP 10-005
Page 5
1) The property is zoned single-family residential (R-1) where Tustin City Code
Section 9223b2 allows for guesthouses, 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 guesthouse, as conditioned, would not be
detrimental to surrounding properties in that the proposed structure is an existing
building, has been used for residential purposes, and will comply with all
applicable development standards of the R-1 zoning district as pertaining to
accessory buildings used as a guesthouse.
3} The use, as conditioned, would not be detrimental to surrounding residents or
properties since the use would be limited to a guesthouse which is accessory to
asingle-family residence and will be used in conjunction with the main residence.
The property owner would not be permitted to lease or rent the accessory
guesthouse.
4) The design of the guesthouse ensures that it will be accessory to the main
residence. The placement of the building towards the rear of the lot behind the
detached garage is consistent with the predominant land use pattern in the area.
In addition, the design of the guesthouse will be consistent with the features of
the existing main residence and the proposed replacement of the carriage door
will restore a historic feature that was previously lost.
5) The guesthouse is located towards the rear portion of the property 75 feet from
the front property line along Pasadena Avenue. View of the guesthouse from
Pasadena Avenue is obscured by the existing main house, detached garage,
fences, and mature landscaping.
Based upon the findings outlined, staff recommends that the Zoning Administrator adopt
Zoning Administrator Action No. 10-006, approving Conditional Use Permit 10-005 to
permit an existing two-story detached accessory building to be used as a guesthouse,
located at 310 Pasadena Avenue.
Reina Kapadia
Associate Planner
Attachments:
A. Location Map
B. Tustin Historical Survey Report excerpt 310-B Pasadena Ave.
C. Submitted Plans
D. Land Use Application Fact Sheet
E. Zoning Administrator Action No. 10-006
S:1CddVAREPORT120101CUP 10-005 (guest house 310 S Pasadena).doc
Attachment A
Location Map
LOCATION MAP
ADDRESS: 310 PASASDENA AVE.
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Attachment B
Tustin Historical Survey
Report, excerpt 310-B
Pasadena Ave.
®~'
1
ADDRESS:
310 -B PASADENA AVE (S.)
DATE:
1880
STYLE: '
VICT. - n'ALIANATE ~-
SOURCE: RATING:
l3 B
ALTERATIONS:
S
1
1
1
A
Il
FIISTORICAL DISTRICT:
IBS
COMMENT:
CARRIAGE HOUSE
r
~r
DESCRIPTION:
~ICNiFTre rvrF.
The carriage house, which belongs to the large home on the same property at 310 A Pasadena, has been slotted several times
Unleaa the alterations arc reversed, the building is more significant for its historical importance than its architectural integrity.
The roof is flat, with an enclosed cornice and the exterior is now clad in stucco, The 2-over-2 double-hung windows, which are
typical of those used in the 1870's and 80's, art used throughout the building. Two are centered in the front facade, second floor.
A small single-paned window can be seen on the north side, near the eaves. The original carriage door has been replaced with
+durriinum sliding glass doors, an alterarion that world be easy to reverse. As part of a Nations! Register application for the main
house, this building would probably qualify for that listing, However, it does not appear to be eligible on its own unless the
alterations arc reversed. ,
The original use of this building is believed to be a stage stop, as cvideaccd by a Tustin Area museum photo of an open
horse-drawn stags in front of the house. Charles Wheaton Wilcox, who came to Tustin in 1874, "bought a three-story hotel and
aRer removing one story he used it as a residence and it was called "The Villa' situated at 3I0 South Pasadena Avenue in Tustin",
according to a paper by his granddaughter (Miriam Kraft Rice). Wrlcox's large collection of books was housed in "The Villa" in a
oucalyptua wood paneled library, which is believed to be the £ust such use of this wood. Wilcox was one of Tustin's major
pioneer. Ht helped found and was a director of the First National Bank of Tustin. He owned property at Tustin's Avenue and First
Street, planted to concord grapes. He was an orchardist and an amateur horticulturist who was one of the £rrst to graft five
varieties of citrus onto one root. With Dr. Wall, he started a packing house, the first in the area, and later formed the Santiago
Frv{t Growers Association in Orange. He helped start the Episcopal Church of Tustin. He was a director of the Santa Ana Abstract
Company and a receiver of the old Seibert Bank in Santa Ana. Although the family owned the property from 1893 to 1920 none
were residents as of 1916. The house was occupied by renters. John D. Kinard, a rancher and realtor, owned and lived here from
1920 to 1946. Kinard converted the house into apartments, ahd a garage and stuccoed over the wood siding. Dirk Bode acquired
the property in 1958 and Mrs. Bode still lives here.
Attachment C
Submitted Plans
A FULL-SIZE SET OF PLANS IS AVAILABLE
FOR VIEW WITH THE
COMMUNITY DEVELOPMENT DEPARTMENT
IN CITY HALL AT 300 CENTENNIAL WAY,
TUSTIN, CA 92780
Attachment D
Land Use Application Fact
Sheet
LAND USE APPLICATION FACT SHEET
1. LAND USE APPLICATION NUMBER(S): Conditional Use Permit (CUP) 10-005
2. LOCATION: 310 S. Pasadena Ave. 3. LOT: 1 TRACT: 457 4. APN(S): 401-543-13
5. PREVIOUS OR CONCURRENT APPLICATION RELATING TO THIS PROPERTY: None
6. SURROUNDING LAND USES:
NORTH: Single Family Residence; City Well SOUTH: Multiple Family Residentia_I
EAST: Single Family Residential WEST: SR-55 Freeway
7. SURROUNDING ZONING DESIGNATION:
NORTH: Multiple Family Residential (R-3)' Public and Institutional (P&I)
SOUTH: Multiple Family Residential (R-3) EAST: Single Family Residential (R-1)
WEST: none (freeway)
8. SURROUNDING GENERAL PLAN DESIGNATION:
NORTH: High Density Residential; Public/Institutional
EAST: Single Family Residential
9. SITE LAND USE:
EXISTING
Use: Single Family Residential, Detached
Zoning: Single Family Residential (R-1)
General Plan: Low Density Residential
PROPOSED
No Change
No Change
No Change
10. DEVELOPMENT STANDARDS (ACCESSORY BUILDINGS USED AS GUEST ROOMS, NO KITCHEN
FACILITY):
REQUIRED
Maximum Height: 20 feet
Maximum Lot Coverage: 30% of rear yard
Minimum Front Yard Setback: 50 feet
Minimum Side Yard Setback: 5 feet
Minimum Rear Yard Setback: 5 feet'
Off-street Parking:
a) Single Family Residence
`See TCC § 9273(e)
a) 2 spaces, within a fully
enclosed garage, for each unit
with 4 or fewer bedrooms
b) Guest House
Other:
b) No additional
1,000 square feet free and clear
on rear 113 of lot
PROPOSED
19 feet, 10 inches
<30% of rear yard
75 feet
>20 feet
~1 foot*
"Not considered non-conforming
a) 2 spaces within a fully
enclosed garage
b) No additional
>2,400 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.): Cultural Resource Overlay District (CR)
SOUTH: High Density Residential
WEST: none (freeway)
S:ICddlReinalCUP1CUP 10.005 301 S. Pasadena Guest HouselLand Use Application Fact Sheet.Doc
Attachment E
Zoning Administrator Action
No. 10-006
ZONING ADMINISTRATOR ACTION 10-006
CONDITIONAL USE PERMIT '10-005
3'10 PASADENA AVENUE
The Zoning Administrator of the City of Tustin does hereby resolve as follows:
1. The Zoning Administrator finds and determines as follows:
A. That a proper application for Conditional Use Permit (CUP) 10-005 was
filed by Michael J. Demoratz, property owner, requesting authorization to
permit an existing two-story detached accessory building to be used as a
guesthouse.
B. That the site is designated as Low Density Residential by the City General
Plan and is zoned as Single-family Residential (R-1 ), where the use of an
accessory building as a guesthouse is a conditionally permitted use. The
site is also located within the Cultural Resource Overlay District (CR)
where a Certificate of Appropriateness will be necessary at the time of
building permit issuance to certify that all work undertaken is consistent
with the historic structure and historic district at large.
C. That a public hearing was duly called, noticed, and held for Conditional
Use Permit 10-005 on June 2, 2010, by the Zoning Administrator.
D. That the Zoning Administrator has the authority to consider the request for
an accessory building to be used as a guesthouse pursuant to Section
9299b(3)(i) of the Tustin City Code.
E. That the establishment, maintenance, or operation of the proposed
guesthouse 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) where Tustin City
Code Section 9223b2 allows for guesthouses, 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 guesthouse, as conditioned,
would not be detrimental to surrounding properties in that the proposed
structure is an existing building, has been used for residential
purposes, and will comply with all applicable development standards of
the R-1 zoning district as pertaining to accessory buildings used as
guesthouse
3) The use, as conditioned, would not be detrimental to surrounding
residents or properties since the use would be limited to a guesthouse
Zoning Administrator Action 10-006
GUP 10-005
310 Pasadena Ave.
Page 2
which is accessory to asingle-family residence and will be used in
conjunction with the main residence. The property owner would not be
permitted to lease or rent the accessory guest quarters.
4) The design of the guesthouse ensures that it will be accessory to the
main residence. The placement of the building towards the rear of the
lot behind the detached garage is consistent with the predominant land
use pattern in the area. In addition, the design of the guesthouse will
be consistent with the features of the existing main residence and the
proposed replacement of the carriage door will restore a historic
feature that was previously lost.
5) The guesthouse is located towards the rear portion of the property 75
feet from the front property line along Pasadena Avenue. View of the
guesthouse from Pasadena Avenue is obscured by the existing main
house, detached garage, fences, and mature landscaping.
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 10-005 to
authorize an existing two-story detached accessory building to be used as a
guesthouse, 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 2"d day of June, 2010.
Dana L. Ogdon
ACTING ZONING ADMINISTRATOR
Eloise Harris
RECORDING SECRETARY
Zoning Administrator Action 10-006
CUP 10-005
310 Pasadena Ave.
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. 10-006 was passed and adopted at a regular meeting of the Tustin Zoning
Administrator, held on the 2"d day of June, 2010.
Eloise Harris
RECORDING SECRETARY
EXHIBIT A
ZONING ADMINISTRATOR ACTION 10-006
CONDITIONAL USE PERMIT 10-005
CONDITIONS OF APPROVAL
GENERAL
(1) 1.1 The proposed project shall substantially conform with the submitted plans
for the project date stamped June 2, 2010, 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 10-005 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 10-005 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
10-005, 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 CODElS (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 10-005, 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 fio 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 asingle-family residential use only. Home
businesses shall comply with the City of Tustin's Home Occupation
requirements.
(***) 2.2 Use of any accessary building/guesthouse 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 cooking or kitchen facilities may be installed in the accessory building.
(1) 2.4 No outdoor storage shall be permitted except as approved by the City of
Tustin Community Development Director.
PLAN SUBMITTAL
(1) 3.1 At the time of building permit application, the plans shall comply with the
latest edition of the codes, City ordinances, State and Federal laws, and
regulations as adopted by the City Council of the City of Tustin.
Exhibit A
ZA Action 09-007
Page 3
Complete plans detailing construction will be required at application for
building permit.
3.2 A Certificate of Appropriateness, issued by the Director of Community
Development, will be required at the time of building permit issuance.
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.
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
• Transportafiion 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.