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HomeMy WebLinkAboutZAA 17-005 TUSTI N ............................ ................. Inter-Com DATE: JUNE 6, 2017 TO: DISTRIBUTION IN"NI 8 11 1U I�DJNG OUK FU t U Rf HO ORINUOURPW FROM: LIBETHA. BINSACK, DIRECTOR OF COMMUNITY DEVELOPMENT SUBJECT: ACTIONS: ZONING ADMINISTRATOR MEETING, JUNE 6, 2117 ............................................................................................ .............. Pursuant to Tustin City Code Section 9294a, any person may appeal any decision of the Zoning Administrator by filing a written notice within ten (10) calendar days of the Zoning Administrator's action, or JUNE 16, 2017. This notice of actions taken by the Zoning Administrator is being transmitted to the City Council and Planning Commission prior to the end of the appeal period. On June 6, 2017„ the Zoning Administrator took the following action(s): INEZ M 1. CONDITIONAL USE PERMIT 2017-02 Adopted ZAA 17-005. (See attached.) APPLICANT/PROPERTY OWNER: Daniel & Davina Sema 155 Lockwood Park Place Tustin, CA 92780 LOCATION: 155 Lockwood Park Place REgUEST Demolish an existing:, garage and construct a new 429 square-foot garage with attached 467 square-foot guest quarters. The project also proposes a 793 square-foot addition and exterior modifications to the single family residence. ENVIRONMENTAL STATUS: This project is categorically exempt (Class 3) pursuant to Section 15303 of the California Environmental Quality Act (CEQA), RECOMMENDATION: That the Zoning Administrator adopt Zoning Administrator Action (ZAA) No. 17-005, approving Conditional Use Permit (CUP) 2017-02 and Design Review (DR) 2017- 001 to; 1) Demolish an existing 360 square-foot, two-car detached garage with a 334 square foot unpermittedi addition; and .........._­........................................................... A Action Memo 8„6-1 Page 2 2) Construct new detached 488 square-foot, two-car garage with attached 408 square-foot accessory building to be used as guest quarters(quest quarters) with no cooking faciliitie , a 793 square-foot addition to the main residence and gg square feet of exterior alterations to the main residlence. Please contact me at 714- 78-8081 if you have any questions regarding this matter. Distribution; Tustin City Council! Planning Commission City Manager City clerk City Attorney :Cdd)ZA ACTiW20172A Action Memo - -1 T.docx ZONING ADMINISTRATOR ACTION 17-005 CONDITIONAL USE PERMIT 2017-02 DESIGN REVIEW 2017-001 155 LOCKWOOD PARK PLACE The Zoning Administrator of the City of Tustin does hereby resolve as follows: I. The Zoning Administrator finds and determines as follows: A. A proper application for CUP 2017-02 and DR 2017-001 was submitted by Daniel and Davina Serna requesting authorization to demolish an existing 708 square- foot, two-car, detached garage and construct a new detached 488 square-foot, two-car garage with attached 408 square-foot guest quarters, a 793 square-foot addition to the main residence and 90 square-feet of exterior alterations to the main residence at 155 Lockwood Park Place. B. That the proposed land use is consistent with the Tustin City Code (TCC) and General Plan. The site is designated as Low Density Residential by the City General Plan and is zoned Single Family Residential District (R-1) and is established as a single-family residence. The project is consistent with the Air Quality Sub-element of the City of Tustin General Plan. C. That the site is currently improved with a single family residence, a detached garage with an unpermitted addition. D. That a public hearing was duly called, noticed, and held for CUP 2017-02 and DR 2017-001 on June 6, 2017. E. That, as conditioned, the proposed accessory building used for guest quarters will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use, nor be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin, in that: 1. The existing house is 994 square feet, and the proposed addition is 793 square feet, an increase of approximately 80 percent of the existing square footage. All together, the proposed addition, two-car garage and guest room will have total lot coverage on the property of 38.7% and the rear yard will have total lot coverage of 29.9% consistent with the requirements of TCC. 2. The property is located within the Lockwood Terrace neighborhood which is an identified resource in the 2003 Historic Resources Survey. The property at 155 Lockwood Park Place is not individually listed, is not in and of itself an historic resource, and is not located within the Cultural Resources District. i June 6, 2017 Conditional Use Permit 2017-02 Design Review 2017-001 Exhibit F Page 2 3. The existing garage structure does not contribute to the overall character of the neighborhood. As such, demolition of the existing garage and construction of a new garage/attached guest quarters will not impact the character of the Lockwood Terrace neighborhood and will bring the garage into conformity with the current zoning code. 4. The proposal to demolish an existing garage and construct a new garage with similar design to the existing residence is consistent with the development guidelines and criteria adopted by the City Council. 5. That TCC Section 9223b2 conditionally permits accessory buildings used as guest quarters, provided no cooking facility is installed or maintained and it cannot be rented or leased, subject to a recorded deed restriction. 6. Pursuant to TCC 9299b(3)0), the Zoning Administrator has the authority to approve, conditionally approve or deny a Conditional Use Permit for accessory buildings used for guest quarters. F. That the necessary facts relative to the required Design Review for the proposed facade modifications, demolition and new construction of the garage structure/guest quarters and addition to the main residence have been considered in that the proposed development will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole. As a result, the Zoning Administrator finds as follows: 1. Pursuant to TCC 9272b, Design Review is required for the construction of new structures, including a detached garage with attached guest quarters, which includes a review of the site plan and architecture, prior to issuance of any building permit. 2. Pursuant to TCC Section 9272, the Community Development Director is authorized to consider and approve Design Review applications; however, the Conditional Use Permit requires Zoning Administrator approval and the Design Review is hereby considered by the Zoning Administrator. 3. That the•proposed exterior modifications to the residence are consistent with other exterior modifications in the neighborhood, including additions, facade renovations, etc., and are generally consistent with typical architectural features of a ranch style home. 4. The physical location, height and bulk of the proposed proposed detached garage with attached guest quarters and addition is compatible with the existing and surrounding buildings in that other homes in the neighborhood have constructed additions similar to the proposed addition, and the new June 6, 2017 Conditional Use Permit 2017-02 Design Review 2017-001 Exhibit F Page 3 addition is complimentary with the existing structure and will be compatible with the community. 5. That the use and design of the proposed detached 936 square-foot garage/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. 6. The, proposed project addition and accessory building (garage and guest quarters) are in the rear of the property and in compliance with the TCC setback requirements. 7. Pursuant to Condition 2.3, sufficient access and maneuvering room for the proposed garage would be provided. 8. The exterior materials for the proposed addition and detached garage/guest quarters will be consistent with proposed exterior modifications to the tract ranch architecture of the existing main residence. 9. The rear addition of the master bedroom suite and covered deck will increase livability, functionality and value of the home. 10. The proposal to reconstruct and modify the structure with similar design to the existing structure is consistent with the development guidelines and criteria adopted by the City Council. 11. The proposal is consistent with the City's requirements to modify an existing structure that is listed on the Tustin Historic Survey. The proposal to reconstruct and modify the structure with similar design to the existing structure is consistent with the development guidelines and criteria adopted by the City Council. G. The project is Categorically Exempt (Class 3 — New Construction or Conversion of Small Structures) from the requirements of the California Environmental Quality Act (CEQA), pursuant to Section 15303 of the State CEQA Guidelines. II. The Zoning Administrator hereby approves Conditional Permit 2017-02 and Design Review 2017-001 to .demolish an existing 708 square foot, two-car detached garage and construction a new detached 488 square foot, two-car garage with attached 408 square- foot guest quarters, a 793 square-foot addition to the main residence and 90 square feet of exterior alterations to the main residence at 155 Lockwood Park Place subject to the conditions contained within Exhibit A attached hereto. June 6, 2017 Conditional Use Permit 2017-02 Design Review 2.017-001 Exhibit F Page 4 PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular meeting held on the ST" day of June, 2017. E SETH A, BINSACK ZONING ADMINISTRATOR VERA I CAR RECORDING SECRETARY :NATE OF CALIFORNIA COUNTY OF ORANGE � CITY OF TUSTIN I, Vera Tiscareno, 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. 2017-005 passed and adopted at a regular meeting of the Tustin ,Zoning Administrator, held on the 6th day of June, 2017. "VERA ISCAR N RECORDING SECRETARY EXHIBIT A CONDITIONS OF APROVAL CONDITIONAL USE PERMIT 2017-02 DESIGN REVIEW 2017-009 165 LOCKWOOD PARK PLACE GENERAL {1) 1.1 The proposed project shall substantially conform with the Tustin City Code and Tustin guidelines and standards and be consistent with submitted plans for the project date stamped June 6, 2017, 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 or other applicable regulations. (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 This approval shall become null and void unless the use is established within twelve (12) months of the date of this Exhibit. Time extensions may be granted 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 2017-02 and Design Review 2017- 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. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENTS (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODEIS (7) - PCICC POLICY (4) DESIGN REVIEW '`** EXCEPTIONS June 6, 2017 Conditional Use Permit 2017-02 Design Review 2017-001 Exhibit A of ZA 2017-005 Page 2 (1) 1.6 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 attach, 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 this sole cost and expense, elect to participate in defense of any such actions under this condition. (1) 1.6 Any violation of any of the conditions imposed is subject to issuance of an Administrative Citation pursuant to Tustin City Code Section 1162(a). (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. USE RESTRICTIONSMLANNING (1) 2.1 The proposed project is to demolish an existing 708 square-foot two-car, detached garage and unpermitted attached addition and construct a new detached 488 square-foot, two-car garage with attached 408 square-foot accessory building to be used as guest quarters, a 793 square-foot addition to the main residence and 90 square-feet of exterior alterations to the main residence. (*) 2.2 Windows on the front facade shall be wood-framed single-hung with wood trim to match existing. Applicant shall submit window specifications and trim details prior to issuance of permit. (*) 2.3 At plan check, the existing window on the east elevation shall be accurately reflected in the plans. (1) 2.4 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 stating that the accessory building used as guest quarters shall not have a kitchen and shall not be rented or leased. This deed restriction shall be recorded with the Office of June 6, 2017 Conditional Use Permit 2017-02 Design Review 2017-001 Exhibit A of ZA 2017-005 Page 3 the Orange County Recorder and shall be binding upon all future owners or interested parties of the subject property. (1) 2.5 No cooking or kitchen facilities may be installed in the accessory building used as guest quarters. (1) 2.6 A minimum backup distance of twenty-five (25) feet shall be provided between the proposed garage spaces and the nearest portion of the addition to the main house to provide adequate maneuvering room for vehicles to access the garage parking spaces. PLAN SUBMITTAL (1) 3.1 Construction plans for proposed garage and attached accessory structure to be used as guest room shall be submitted to the Community Development Department Building Division within forty-five (45) days of Zoning Administrator approval. (1) 3.2 At the time of building permit application, the plans shall comply with the latest edition of the codes, City, Ordinances, State, Federal laws, and regulations as adopted by the City Council of the City of Tustin. At plan check, all exterior colors and materials shall be submitted for review and approval by the Community Development Department. PUBLIC WORKS (1) 4.1 Prior to any work in the public right-of-way, an Encroachment Permit shall be obtained and applicable fees paid to the Public Works Department. (1) 4.2 Construction and Demolition Waste Recycling and Reduction Plan (WRRP). a. 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 sixty-five (65) percent of the project waste material or the amount required by the California Green Building Standards Code. 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 June 6, 2017 Conditional Use Permit 2017-02 Design Review 2017-001 Exhibit A of ZA 2017-005 Page 4 Waste Management Plan, the cash security deposit in the amount of five (5) percent of the project's valuation as determined by the Building Oficial, rounded to the nearest thousand, or $2,500, whichever is greater. In no event shall a deposit exceed $25,000. C. Prior to issuance of a 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". (1) 4.4 Prior to the issuance of building permit, the applicant shall provide written approval of sanitary sewer service connections from. the East Orange County Water District (EOCWD). FEES (1) 5.1 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. (1) 5.2 Prior to issuance of building permit, payment of the most current Major Thoroughfare and Bridge Fee (for the Foothill/Eastern Transportation Corridor Agency (TCA) to the City of Tustin shall be required. (1) 5.3 Prior to issuance of building permit, school facilities fee in the amount required by the Tustin Unified School District Fees shall be paid.