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HomeMy WebLinkAboutZAA 13-001 / CUP 2012-11 / DR 2012-006APN No.: Project No.: INDEX UNKNOWN CUP 2012-011 / DR 2012-006 ZAA 13-001 Approved/Denied/Withdrawn Date: 01-07-2013 Address: 435 W Sixth St 1. ❑ Notice of Discretionary Approval 2. ❑ Agreement to Conditions Imposed 3. ® Resolution(s) / ZA Action 4. Exhibits: ❑ 4—Plans ❑ 4—Photos ❑ 4 —Samples of Materials 5. ® Staff Report(s) / Director's Approval Letter 6. ❑ Environmental Postings 7. ❑ Correspondence 8. ❑ Legal Notice / Radius Map 9. ❑ Title Report Mailing Labels 10. ❑ Campaign Statement 10. ❑ Development ❑ Environmental Assessment Form Application FOR ALL ELECTRONIC DATA SEE LASERFICHE FILE ZAA 13-001 ACTION AGENDA ZONING ADMINISTRATOR MEETING JANUARY 7, 2013 **** CALL TO ORDER: 10:35 a.m. Community Development Conference Room ROLL CALL: Elizabeth A. Binsack, Zoning Administrator PUBLIC CONCERNS: (Limited to 3 minutes per person for items not on the agenda) CONSENT CALENDAR: No Items on Consent Calendar PUBLIC HEARING: 1. CONDITIONAL USE PERMIT 2012-18: A request to establish and operate an insurance office fronting El Camino Real and located within the Old Town Commercial General Plan Land Use Designation. APPLICANT: PETER ZAPPAS 700A EL CAMINO REAL TUSTN, CA 92780 PROPERTY OWNER: ALI ASGARI CATALYST INSURANCE SERVICES 694 EL CAMINO REAL TUSTIN, CA 92780 LOCATION: 694 EL CAMINO REAL ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT PURSUANT TO THE PROVISIONS OF SECTION 15301 (CLASS 1 – EXISTING FACILITIES) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. RECOMMENDATION: That the Zoning Administrator adopt Zoning Administrator Action (ZAA) 13-002 approving Conditional Use Permit (CUP) 2012-18 to establish and operate an insurance office fronting El Camino Real and located within the Old Town Commercial General Plan land use designation. Scott Reekstin gave a presentation on the item, and introduced Planning Intern Tom Vo who assisted with preparing the staff report. Zoning Administrator Agenda January 7, 2013 Page 2 The Zoning Administrator asked the applicant if he read the conditions of approval. The Zoning Administrator opened the public hearing. The applicant, Ali Asgari, looked through the conditions of approval and stated he would be able to comply with all the conditions as given. Had no questions or requests for changes. The Zoning Administrator closed the public hearing. The Zoning Administrator approved Zoning Administrator Action No. 2013-002, approving Conditional Use Permit 2012-18. 2. CONDITIONAL USE PERMIT 2012-11 AND DESIGN REVIEW 2012-006: A request for authorization to add a new detached two-car garage, convert the existing single car garage to a bedroom, and establish a detached guest th quarters with no cooking facilities at 435 W. 6 Street. APPLICANT/ PROPERTY OWNER: JAMES MOAT TH 435 W. 6 STREET TUSTIN, CA 92780 TH LOCATION: 435 W. 6 STREET ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 3) PURSUANT TO SECTION 15303 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT RECOMMENDATION: That the Zoning Administrator adopt Zoning Administrator Action 13-001, approving Conditional Use Permit (CUP) 2012-11 and Design Review (DR) 2012-006 to add a new two-car garage, convert the existing single car garage into a bedroom and establish detached guest quarters with no th cooking facilities at 435 W. 6 Street. Amy Stonich gave the presentation for the item. The Zoning Administrator noted that the applicant was not present, and proceeded to open the public hearing. Zoning Administrator Agenda January 7, 2013 Page 3 Jeff Gallagher requested to review a copy of the conditions of approval. Barbara Cox inquired on the location of the guest house and new garage in relation to the existing property line, as well as the size of the proposed garage to be built. Nathan Menard inquired on the second residential unit Ordinance which is currently being drafted by staff and its applicability to the subject project. The Zoning Administrator closed the public hearing. The Zoning Administrator approved Zoning Administrator Action No. 2013-001, approving Conditional Use Permit 2012-11. REGULAR BUSINESS: None ADJOURNMENT: 10:55 a.m. The date of the next meeting of the Zoning Administrator will be scheduled when items are set for hearing. �r. ITEM 2 �ArUiENDA REPORT MEE71NG QA7 [Eo JAN1—JAY 7, 2Oil2 fOo �01�911�10 �1u��u11�9157�.��70G3 G'= -0j�iii - COilli jli UN17Y L EA]EL0F) lul [E l l7 LQ �F /z\GZ 7li /l 2N 7 SU'DJHC T. CO;\]D17l0U\1%L\ILL- 105E ;' E R El 17 2 012 - -u u -ANDO DE 0 �Q, "I'll 1 ZE71j A, 'q 2D 1 2 -ci,c Is AIPF1 L I C 2\�g71 PROPERTY o'j' \J' l_�I�o L0CA71D0-N- J'AhjJ71=S H- �JliaA7 6�5� �. ,3,"'571,E�l 7U 5 71H, A @'/�7 �c 5 ?i 7o ��� 57R,, z7 7U-971 N, CA 2278,00 CC�ENF,`:� AL PLAN. LSONV DE1`951 u Y RE59 FLl «jl\971AlL ZONIN(G). 51j\,9'DLE ^1-AMi j I Y R ES1L E-N f lAl- IR-I ), ULT'J RAL L-,'T 50UUF3CC E OVERL AY 157 U 7 � RF ) ENV9 G3ON1NU�N7AL ZTIUFU5o 7[115 lF'UP0J1�C7 15 CAL 7CEOOF3ICALLY ENFE[ FT �CLA55 0) uF)URSUANT 70 5E T1,c N 10303 ('0F 7r9 � ClAUF0 sl`99.A ENVIRONMF,-N-1 ALA QUALM AC 7 �1,7t'cQML7ES T. AUTHORIZ /.Z� lON TO ADD A NEW DETAC' 1 [ED TT9OC- ARZ GARAGE, CONVERT THE 7t:XISTING SINGl -F-� CAS C''ARAUE 70 A BEDROOM AND ESTABLISH A DETAC 1CD 0I91�57 QUAR7Ch5 WITH NO COOKING FACIL171 �5 A7 !103 �vv 91 H STREET 7"'M ., �11 OAOI�' j - �rti m ,I i Zoning Administrator January 7, 20113 CUP 2012-11 and DR 2012 --006 Page 2 Rr� 0 �� �� i 9 WA a iO�9 That the Zoning Admicis°trater adept Zeroing Administrator Action 13 -001, appre� /ing Condi�tieral Use Permit (CUP) 2012 -11 and Design Re,,Js�j�j ('DIR) 2012.006 to add a tajnje -car garage, convert the ewisting single car garage into a bedroom and establish detached guest quarters with no cooking facili�Jss at 435 Y''V. e��, Street. The site is located in the Single-Family Residential (R -1) Zone g Di8srict and Lov/ Densi�ly Residential General 'Plan Larval Use Designation. Tustin City Code (TCC Section 2223b2 conditionally alleijnis accessory buildings to be used as guest rooms (also referred to as "guest quarters "), provided no cocking facility is installed or maintained. ` usVn City Code Section 9297 defines a "guesthouse" or guest quarters as a detached living quarters of a permanervt type of cons'trucVon and ?jnjithout kitchens or cooking facilities and Anihere no =pensEtien in any `dorm is received or pail. a CC Section 2229'b3@ authorizes the Zoning Administrator to revie�,�j applications -tor accessory buildings used as guest rooms. P ursuan�t to T CG Section 9272, Design Revievi is required 'tor the construction of ne��j s�trual ores, lj\jhich includes the review/ of the site plan and elevations -tor the nmw `IL-,,n90 -car garage and the commrsion of an existing detached structure into guest quarters. ACMROU N D Site and surr®un,cli �g Propernes s The project site is located on °the north side of 6�h Street, between Pacific Street and Q Street (Attachment A — Location Nlap). Surround ng properties to the north, east and tivvest are detached single - family residences. lnd ustrial ruses are located to the south. Figure I sholfi�s the subject property. The property is also located within the Cultural Resource (CR) Overlay District, Njnjhere a CerkKcate of Appropriateness Nj/ i] l be required (at the time of building permit issuance) certifying that all Ajaiork undertaken Tees not adversely affect the character of the historic district. Zoning Administrator January 7, 2013 CUP 2012-11 and DR 2012 -006 Page 3 Figuirs 1. A07W _11-7,1P The project site is a 19,166 square foot lot improved ?jAiith a single - storey house located along � 61h Street, The single car garage attached `&'o the main house �jAras recently converted to a bedroom. This property is currently in code en`orcemen "rt for "the unpermitted construction. A do2ached structure intended "For use as guest quarters is located 'ko the rear of the main house (see site photo), Accord °ng Ito the 2003 City of Tustin Hsi oftal `Resources Survey, the rein building 1jvas built in 1915 and an attached open gabled roof garage 'was later constructed onto the house. a he house is fisted in the 2003 Survey as a California BungalmA,7 architectural style �jrith a "5SY ranting, signFy� ng "that it is not eligible 'nor separate listing or designation under an existing local ordinance but is eligible for special consideration in local Manning see At'Mchment 8 e Tustin �l °ostorical lResources Survey e cerpt). The add -on garage, hmjvever, 1 ,jAjas not part of she original structure and viould not qualify -for historical consideration, FRI 7JFLz L , iSC IF 7 IOJM The proposal includes establishment of the e istinq 420 square "soot single -story detached accessory building for use as guest quarters, The exis °ling detached accessory structure is situated behind the main house, set back approAmately 105 feet from the front prmper -y Dine and 10 feet from the exis ing house. qmJs ,U "gip r _. Vevis of 'the proposed guest quar'ers -'rom 6th Strs(m' are obscured by the ex,isdrig main house and landscaping, The massing, size, and scale of the structure ensures °that K appears 'u�o be accesssorly to lrhe main residence. In addo�Jon the guest qualr�,Iears ,Slat, r architecture, NiAJndoVIS, roof material, finish, and color that are complimentary tc the main house (reference si"te photo above). The proposal also includes conversion of she e /fisting attached single -car garage to a bedroom. The single -car garage 'was added on to the original structure bang after cons "truce on of Vie original 1915 home and is no °t considered part of the historic Zone ng Adminus'tratOT January 7, 2013 Cud' 2012 -11 and :DR 2012 -006 Page 4 structure. The conversion has been complete] Ajvithout benefits of permits anal, as pars of she code enforcemen(,( action, the property owner is required to obtain (Design Revi -?VV approval. Since the single ca,r garage was an existing non - conforming condition �jlihich Aj'vas modifled, the property ojuner is required to meet she Mitt's current parking requirements. Therefore, the proposal includes a new detached single- s`�'orj\ '11JR10-car garage. The proposed garage �jvill be located to the rear of the main house and guest quarters approArna°1ely 157 feet from 51h Street and �jAiill not be visible from the public right -o -1j "Vay. The drive�sjay �jvill be exZsndad along the �jv -sst side of the property at a minimum �jv lth of I I feet to provide, access to the neljj garage. Plans -for the remodel of the main house and the detached structures have been submitted to the Building Division for plan check. The plans submit) :ea l ?J'vil�h this Condi- lional Use 'Permit and Design FReViSIN application reflect the proposed additional square-footage to the residence (N,tachment C - Submitted Plans). Cond,ltional Use permit The accessory strLICWre proposed to be used as guest quarters meets all applicable de- valopmen't standards in Tustin City Code Section 9223b2 pertaining to accessory buildings used as a guest quarters (see Attachrnent D - Land Use Application Fact Sheet. A "guesthouss" or guest quarters is defined in -ACC Section 9297 as "detached lhiing quarters of a permanent type Of constraIction and vftlhout kitchens or cooling °uacil °oks and vihere no compensation in any dorm is recelved or paid." Pursuant to proposed Condition 22 of honing Administrator Action 13 -001, the applicant �ykjould be required to record a deed restriction to pra -vent the guest quavers from being used as a second residential unit, rented, or having cooling facilitiss ins'alled and /or maintained. Design Revieljv The design of the proposed accessory buildings, including the detached guest quarters and detached garage, be compatible with the features of the California Bungalovi architecture of the existing wain residence through the use of quality materials, roof material, and the use of compatible colors. The placement of the garage building is consistent vAth the predominant land use pac &ern in the area of single - family residences in 'Zhat the ra�jAj accessory garage building AjAjill be located at the rear of the prroneTihi -nr,1 vAlm not be ?risible from �� reefii, F-4]WDI1'1\,] c 5 In determining 1jvhe1her to apprmvs the Conditional Use Parmit and Design Re�Ae� i, the Zoning Adminisl7rator must; 1 determine �Yvhethar or not the guest quarters �jvill be detrimental to the health, safety, morals, comfort, and general welfare of the persons residing in or �jvorking in °she neighborhood or AjAjhether It AjAjill be injurious or detrimental to property or improvements in the vicinity or 10 the Avvelfare of the 'City; anal, 2) determine Zoning AdMinjSIM'Lor January 7, 2013 CUP 2092 -11 and DR 2012 -006 Page 5 'jA]hether or note the location, size, architectural faaturos, and general appearance of the Project Neill impair the orderly and harmonious development of the area. A decision I�o approve this request may be supported by the fbfic�j,�>ing flnddngs; 7� The property is zoned single - Family residential (R -1) ��ihero Tustin City Code Section 2223b2 allo is for guest quarters, provided that no cooking facility is dnstallod or rnainttaired and no compensation in any dorm is received or paid, ?'\Jith the approval of a ConcJ'Jonai Use hermit, 2) The use, as conditioned, �j^jould not be detrimental to surrounding residents or properties since the use ljAjould be limited to a guest quarters vihich is accessory to a single- famdly residence and vi ll be used in conjunction viith the main residence, The property o?Ajner would not be permuted to lease or rent the accessory guest quarters, 3 The use and design of the guest quarters, as conditioned, ?jAiould not be detTimentai to surrounding properJess in that the proposed structure �jA l be used for residential use, and aiAJH comply �,AJth add appkable development standards of the V M zondng dds#t ct pertaining to accessory builddngs used as a guest quarters, 4) The design of the guest quarters and nevi detached garage ensures that it �jAjill be accessory to the main residence. The placem-ant of the 'buildings toAjuard the rear Of the dot is consistent li/njith the predominant lard use pattern in the area. In addition, the design of the guest quarters and the nSIM garage is compatible Nj�,7ith the features of the eNisting main residence through the use of complimentary colors and materials. 5) The guest quarters are located toliliards the rear portion of the prcpsrty approximately 105 'leet from the front property line along 6�h StTa- &L The proposed garage will be located to the rear of the main house and guest quarters approximately 167 feet from (6r'h Street, Vies,,Ajs of the guest quarters and the najlj garage from�h Street are obscured by the existing .main house and landscaping, 8) The proposed 'bilio -car garage �Ajill provide the required parking for the single family residence and guest quarters in conformance �jjith the Tustin Cite Cod-- requirements. I - 7) The guest quarters and new garage will not adversely afject the character of the District or historic structures within the District in that the design, materials, location, size, kale, and massing of the structures �/Mll be cornpatibie AjAlith the main residence, and the guest quarters NtikAl be required to meet all Tus'tin City Code requirements pertaining to accessory buildings used as guest quarters, Zonong Admm nistrator January 7, 2016 CUP 2012 -11 and DR 2012 -006 Page 6 ACP Samar F.1eanrar B. Location Hap B. �� ua'J M� li'4� � � Suii -ve j"Rep'oll4'sx'cn'e'rp14351A /. ��h �llV�'�Il C. SubmK"mad Mans D. Land U,98 ,Appfica2jon Fact Shest E. ZOning AdMM NS TalbT J \GdOn NCO, 13 -001 S: \Cdd\Z1 R Pfd A2013\ UP 2092 -11 and DR 2012 -006 (guest house 436 W. 6th).doc -01,06 A ii T AIC H d- 2,M a A L CIA I MN -J\AAF 3ity of Tustin t35 W. 6TH - 300 FT - [Created: 12/13/2012 9:43:42 AM] [Scale: 327.52] [Page: 8.5 x 11 / Portrait] Overview Map Map Display rrs� NI S`.' N RU. ....... -� .....,,r..�c« nwr ..•wnvwr Inf:..IilISIS IY % "l ✓!111. Legend Street Names )q City Limits � F-WY el Railmad: 9 �W DRIVEWAY ,nf HCRAiMP ROW Easement Private Pare) Lines Streets Thin CALIFORNIA SI. r' a 328ft .'Pity of Tustin t35 W 6TH - 500 FT BUFFER - [Created: 12/13/2012 9:45:23 AM] [Scale: 327.52] [Page: 8.5 x 11 / Portrait] Map Display NISSON RU. A :,C 12332-2 WwAF-Gb*P*wJ1ET Legend Street Names Ae City Limits F►W DRIVEWAY HCRAMP Easement Private Strt ets CALIFORNIA sr. Railroad ROW Parcel Lines Thin A- TT QrHMr�51'\J 'Fs U51i11 �'1057 rc) P1/L SJf95 Ffli 5i5�.?55n�o 5TH 5«. [FE See following pages for property information State of California — The Resouroes Agency Primarj DEPARTMENT OF PARKS AND RECREATION HRI4 BUILDING, STRUCTURE, AND OBJECT RECORD Pagel of I *ResourceNumor # Vj,.435 &,SueetCW) 111- Iffilonc-Naine: E2. Common Name. 33. Original Use: Residential 114. Preunt Use: PAsidential 1115 ArrWectur:d Style- Calfk=ia1Lmga:cw IB6- C oustrartion. History: This buildia,- was built in 19-.i. A cci-exed open gab -Ad roof can ge has beeaztmzaed tzbe tud int. . *E7- -NfaveV Xi No bites Ornlmovrn Date-. Original Location: R*l-itedFe,,nfure,,- Ega- Arckifert: unknown Euilder—=:mr-v,,n *210. Signifinuxe. Tbema:ResiAmda1ATJ-3iWftre Area: Sa=Azia-Tustia, CA Period of Significance: 1970-1945 Fruperty T"W Residential AppUrable Criteria: C 1p=ss lt:Tamme in Ip-tas of L1vodr4,orarcJ1i*:stirs: :oLje% , t. arsdefined by theme, p&zd, =d,#mVv;& ut7a Qw sums k.IBZdT) Tks`a%Z ding 1s sigmificantar an example of tle-.-xiafions of the Ca11hrnia3urga1ows4ieinTu-xtir- 'The ' schn-acterdefi=e Bear mesiz -T- --lude,LutaieotimiiecLto: 0 out facing ga7zileand vice f3cingivin• an* oz the font ikade covered uith an. extensioa. attache-Ed to the main roai7 znEs,ose� eaves o Tmod shingles placed Lm the h -out senile dixTereil-material urei ontheske figaie axtendedemv: attached to wood brackets ca the ske elevations lifie 1mngu-Lndo,,%-i fez. wed wit!Lmolaing&imi fh-oujL ut the extexior Ell- Additional Resource -.Vtrffiutes-. Lope.-ty *B1,L References: Ck, pfbistffi Hirtoriral Snap. il!-tieL- steet architeciss. inc.. J=e. 1990; FirstAniexican Title Conipal:v re=ds: Macbmies.; Tustin area I-ristorkal Soziet-,•. Eli. Remarlls *1314. Evaluator: T73A Wet, C. :oDLqz 'Date of E vnluatiou: Oct'' 00' (This space reserved fDroftlal comments.) CPR 5238 J11851 (Slkem Ma�Wlth nor-�, an-ow required.) Mae NIXT11 STRVV`T I'm -77 *ReqUlmd information SL) G f!U7 i Fn PLANE COMMUN17Y !�'F�A�-�il NIE I uprON 3E c�,u'ES /,\ !1 � C iH V -F'i \J T L ` -1AI9L-° US E AFTPILICR i� PON EACH SHI S7 LL,AND LJ CC- '° FLL]C A T 1J0N FACT HEFT 1 LAND USE APPLICATION NUMBER(S) 2 LOCATION: 3 ADDRESS: 4 LOT: (TRACT 5 APN(S): 6 PREVIOUS OR CONCURRENT APPLICATION 'RELATING TO THIS PROPERTY: 7 SURROUNDING LAND USES: 8 SURROUNDING ZONING DESIGNATION: 9 SURROUNDING GENERAL PLAN DESIGNATION: 10 SITE LAND USE: DEVELOPMENT RACTS; 11 SITE AREA 1 Conditional Use Permit (CUP) 2012 -11 and Design Review (DR) 201206 North side of 6'h Street, east of Pacific Street and west of B Street 435 W. 61h Street 6 401 - 372 -26 North: Single Family Residential South: Industrial East: Single Family Residential West: Single Family Residential North: R -1 Single Family Residential South: PM — Planned Industrial East: R -1 Single Family Residential West: R -1 Single Family Residential North: Low Density Residential South: Industrial East: Low Density Residential West: Low Density Residential Existing: Proposed: General Plan: Low Density Residential same Zoning: R -1 Single Family Residential same 19,166 L/ANID USE APPUOA7�ON FnC T HIEF u 12 BUILDING LOT COVERAGE MAX. PERMITTED: 40% PROPOSED Accessory Buildings (garage) FRONT: PROPOSED: 15% 157 ft 13 SITE LANDSCAPING No minimum 2 ft 14 OPEN SPACE: No minimum 7 ft 15 PARKING REQUIRED PROPOSED Guest Quarters FRONT: 2 garage spaces 2 garage spaces 16 BUILDING HEIGHT: MAXIMUM PROPOSED REAR: 30 ft (SFD) no change 20 fit (accessory structure) 11 ft 20 ft (guest quarters) 11 ft 17 BUILDING SETBACKS REQUIRED PROPOSED Single Family Dwelling FRONT: 20 ft 19 ft (existing nonconforming) SIDE: 5 ft 5 ft (east) 11 ft (west) REAR: 5 ft 240 fit (BUILDING SETBACKS REQUIRED PROPOSED Accessory Buildings (garage) FRONT: 50 ft 157 ft SIDE: 1 ft 2 ft REAR: 5 ft 7 ft BUILDING SETBACKS REQUIRED PROPOSED Guest Quarters FRONT: 50 ft 105 ft SIDE: 1 ft 30 ft (east) 11 ft (west) REAR: 5 ft 195 ft 13 OTHER UNIQUE CONDITIONS ASSOCIA T ED 1-0 THE PROPERTY (I.E. SPECIAL STUDY ZONES, EASEMENTS, ETC.) 2 A711/2CMPy Z�'\] T F M'D[MINQ ADL RilI'\] �5 a hATc Fl, ACT10IN N 0 � 10) -c c 1 ZONING-3 A 7l]ON 1340,01 CrONDFIr NAL L) 5LE FI1E�'MI7 20012-11 /,KNVYIELS1 SE"'57V` [EfE 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 (CUUFI) 2012 -11 and Design Review '(DR) 2012-006 was filed by property owner jim Moat requesting authorization to add a new two -car garage, convert the existing attached single -car garage into a bedroom and establish a detached guest quarters with no cooking facilities at 435 VW 64h Street; D. That the site is designated as Low Density Residential by the City General Plan and is x-oned as Single - family Residential (R -1), where the use of an accessory building as a guest quarters is a conditionally permitted apse. 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 does not adversely affect the character of the historic district; C. That the proposal requires Design Review (DR) approval and approval of a Conditional Use Permit (CUP) Pursuant to `ACC section 9223b2 to establish the guest quarters. A deed restriction is required for the guest quarters apse to ensure it will not be utilized as a second residential unit; will not provide or maintain cooking facilities; and w ll not be rented out; D. That the Zoning Administrator may review Conditional Use Permits for accessory buildings used as a guest quarters pursuant toTCC section 9299b(3)(i); E. The project has been reviewed for consistency with the Air Quality Sub - element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub - element; F. That a public hearing was duly noticed, called, and held for Conditional Use Permit 2012 -11 and Design Review 2012 -006 on January 7, 2012, by the Zoning Administrator; G. That the establishment, maintenance, or operation of the guest quarters will not, under the circumstances of the ruse, 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 Zoning Administrator Action 13 -001 CUP 2012 -11 and Design Review 2012 -006 446 W. Main street Page 2 improvements in the neighborhood or the general weifare of the City in that: 1) The property is zoned single - family residential (FIR-1) where Tustin City Code Section 9223b2 allows for a guest quarters with the approval of a Conditional Use Permit provided that no cooking facility is installed or maintained and no compensation in any form is received or paid. 2) The use and design of the proposed guest quarters, as conditioned, would not be detrimental to surrounding properties in that the structure is used for residentiai purposes, and will comply with all applicable development standards of the R -I zoning district pertaining to accessory buildings used as a guest quarters. 3) The use, as conditioned, would not be detrimental to surrounding residents or properties since the use would be limited to a guest quarters, which is accessory to a single- 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 west quarters and a deed restriction will be recorded as such. 4) The design of the west quarters ensures that it will be accessory to the main residence. The placement of the building at the rear of the main house is consistent with the predominant land use pattern in the area. In addition, the design of the west quarters is compatible with the features of the existing main through the use of complimentary colors and materials. 5) The west quarters will not adversely affect the character of the District or historic structures within the [District in that the design, materials, location, size, scale, and massing of the structure are compatible with the main residence, and the structure must meet Tustin City Code requirements pertaining to accessory buildings used as guest quarters. H. That the proposed detached two -car single -story garage will be located at ,the rear of the property behind the existing main house and guest quarters. The garage will provide the required parking for the residence and guest quarlers and has been designed with a pitched roof and materials compatible with the existing main house and guest quarters; That, pursuant to Section 9272(c) of the Austin City Code, the Zoning Administrator finds that, as conditioned, the location, size, architectural features, and general appearance of the proposed structures will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole in that the design of the accessory buildings ensure that it will be accessory to the Zoning Administrator Action 13 -001 CUP 2012-11 and Design Review 2012 ®006 445 W. Main Street Page 3 main residence. The placement of the buildings is consistent with the predominant land use pattern in the area of single- famHy residences. In addition, the design of the accessory buildings will be consistent with the features of the architecture of she existing main residence by complimenting the materials and colors, roof material, and windows. In making such findings, the Zoning Administrator has considered at least the following items: L �r-1eight, bulk, and area of buildings; L Setbacks and site planning; iii. Exterior materials and colors; iv. Type and pitch of refs; v. Size and spacing of windows, deem, and ether openings; vi. 'Physical relationship of proposed structures 't0 existing structures in the neighborhood; vii. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood card public thoroughfares; and viii. Development guidelines and criteria as adopted by the City Council. J. That this project is Categorically Exempt pursuant t0 Section 15303, Class 3, Title 14, Chapter 3 of the California Cede of Regulations (Guidelines or the California Environmental Quality Act). The Zoning Administrator hereby approves Conditional Use Permit 2012 -11 and Design Review 2012 -006 to authorize the construction a new two-car garage, conversion of the existing attached single -car garage into a bedroom and establishment of a detached guest quarters with no cooking facilities at 435 W. 0tn Street, subject to the condi'dons contained within Exhibit A attached hereto. PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at e regular meeting held on the 7th day of January, 2013. ELIZ/-L\BE H A [BINCACK MNIING ADMINISTRATOR ADRIAN NE DILEVA RECORDING SECRETARY Zoning Administrator Action 53 -001 CUP 2012-11 and Design Review 2052 -006 445 W. Main Street Page 4 STATE OF CALIFORNIA COUNTY OF ORAINGE i, ADRIAj\INE [ ILEVA, the undersigned, hereby carli y that � am the Recording Secretary of the Zoning Administrator of he City of Tustin, California; that Zoning Administrator Action No 13 -001 was passed and adopted at a regular meedng of the Tu adn Zoning Administrator, held an the 7th day of January, 2013. ENHISI7 COu\,ID1 a l0IM Al MSC ?C F MI1 J /2 o 12-1 ,I DEz21 G H RE-�VIIE VV 2312 -,`19 05 OFNERAL 1.1 The proposed project shall substantially conform with the submitted plans 'For the project date stamped January 7, 2M, 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 mod'fications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code or other applicable regulations. 1.2 Unless otherivise 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. 105 Permits must be obtained within thirty (30) days from the date Of approval. The subject project approval shall become null and void sunless permits for the proposed project are issued and construction is completed within twelve (12) months of the date of this Exhibit. l� 1 !i Approval o.,fs Conditional Use Permit 2012 -11 and Design Review 2012 -006 is contingent upon the applicant /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, Q� 1.6 Any violation of any of the conditions imposed is subject to the issuance of an Administrative Citation pursuant to Tustin City Code Section I I62(a). SOURCE C01-01ES ail) STAN DA ; cD CONDITION Q6) RESPONSIBLE AGENCY RE,'C- � ° i-E 1EM7S 1�2) CFEcA MIITMATION Q6) LANDSCAPING GUMEL lMES Q3) UNFORM BUILDING COIDEM Q7) LF)C /CC POLICY Q4) DEVON, RIEVIEW, EXCEPTIONS Exhibit A ZA Action 13-001 Page �) I,8 if the use is not operated in accordance with Conditional Use Permit 2012 - 11, or is found to be a nuisance or negative impacts are aJfecing the surrounding residents 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. 1.7 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 -0 As a con&don of approval of Conditional Use Permit 2012 -11 and Design Review 2012 -006, 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 pare against the City, its officers, agents, and employees, which seeks o 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 ender this condition. IPL /,/,\N1INi0N93 2A The property is authorized as a single - family residential use only. I tome businesses shall comply with the City of ` ustin's Home Occupation requirements. 2.2 Use of any accessory building /guest quarters or attached room(s) as a second unit or boarding house is not permitted. 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 part or the residence or the detached 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. u j 20 No cookirng or kitchen facilities may be installed in the accessory guest quarters and no compensation in any form shall be received. At building ,plan check, a note to this effect shall be provided on the ;plans. Q� 2.4, A Certificate of Appropriateness, issued by the Director of Community Development, w/ill be required at the time of building permit issuance. Exhibit A ZA Action 13 - 001 Page 3 2.5 At building plan check, the location(s) of any existing accessory structures and whether they are proposed to remain or be demolished shall be indicated on the plans. Detached structures shall be separated by a minimum distance of ton (1 0) feet. X05 The roof material of the accessory guest quarters and proposed detached garage shall match the approved proposed roof material of the existing main residence if the roof of 'she main residence is reconstructed, or match the existing roof material to the greatest extent feasible if the roof material of the existing residence is not changed. PLA� RlSJSMIUTAIL l� Soil At the time of building permit application, the plans shall comply with the 2010 Edition State and the City of Tustin adopted codes: California Residential Code, California Electrical Code, California Plumbing Code, City Ordinances, and State and Federal laws and regulations. PM 1 UC NIMOC IPIKS 4 e I 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, Q� 4.2 Prior to issuance of a building permit, the applicant shall provide written approval from the Orange County sanitation District for the change in use. Q1) 43 construction and Demolition Waste Recycling and Reduction Plan (WRRP): A. The applicant/contractor is required to submit a WMRP 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% of the project waste material. B. 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 Flan, the cash security dep ®sit will be determined by the (Public Works Department in an amount not to exceed five percent of the project's valuation. C. 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 13 -001 Page 4 IFIEES �1, 0) 5.1 Prior to issuance of -any permits, payment shall be madoc of -all appflcabb fees, including but not limited o, the foflowing: • Building plea Check and Permit G=ees • All appiiaaUe Transportation Corridor Agency fees • School Fees 6.2 VVi tin forty -eight (48) hours Of appTON]ai of the subject prggect, he applicant sha l deliver to the !Community Development Department a CASH ER'S CHECK payaibles to the County Clerk in the amount of fifty dollars ($50.00) to enable the City to file he appropriate 8TIVirorumental documentation for the project. if vvithin such forty-sight (48) hour Period that applicant has not delivered to the Community Development Department the above -noted check, the Statute Of liMit2ti ®nS TOT any interested party to challenge the enViMnmental deterrninatlon under the provisions of the California Environmental Qualify Act could be significantly lengthened.