HomeMy WebLinkAbout01 ZA REPORT 165 LOCKWOOD PARK PLACE 1
ITEM #1
AGENDA REPORT
MEETING DATE: OCTOBER 10, 2018
TO: ZONING ADMINISTRATOR
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: CONDITIONAL USE PERMIT 2018-00008 AND DESIGN REVIEW 2018-
00014
APPLICANT/ NATHAN CHIVERS
PROPERTY 165 LOCKWOOD PARK PLACE
OWNER: TUSTIN, CA 92780
LOCATION: 165 LOCKWOOD PARK PLACE
GENERAL PLAN: LOW DENSITY RESIDENTIAL (LDR)
ZONING: SINGLE FAMILY RESIDENTIAL (R1)
ENVIRONMENTAL
STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 3)
PURSUANT TO SECTION 15303 OF THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA).
REQUEST: DEMOLISH AN EXISTING GARAGE WITH AN UNPERMITTED
SECOND DWELLING UNIT AND CONSTRUCT A NEW 452
SQUARE-FOOT GARAGE WITH ATTACHED 598 SQUARE-FOOT
GUEST QUARTERS,
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165 Lockwood Park Place
Zoning Administrator
October 10, 2018
Page 2
RECOMMENDATION:
That the Zoning Administrator adopt Zoning Administrator Action (ZAA) No. 18-005,
approving Conditional Use Permit (CUP) 2018-00008 and Design Review (DR) 2018-
00014 to:
1) Demolish an existing 302 square-foot, two-vehicle detached garage with a
601 square-foot general purpose room that had been converted into an
unpermitted living area; and
2) Construct new detached 452 square-foot, two-vehicle garage with attached
598 square-foot guest quarters with no cooking facilities.
APPROVAL AUTHORITY:
Pursuant to Tustin City Code (TCG) 9299b(3)(j), the Zoning Administrator has the
authority to approve, conditionally approve or deny a CUP for accessory buildings used
for guest quarters.
BACKGROUND AND DISCUSSION:
The site is located in the Single Family Residential (R1) zoning designation and Low
Density Residential General Plan Land Use Designation. This residence is located
within an area referred to as Lockwood Terrace, which is listed on the 2003 City of
Tustin Historical Survey and has a National Register of Historic Places (NRHP) status of
4S2, which identifies properties that are recognized as historically significant by local
governments (Attachment A). The Lockwood Terrace neighborhood is significant as
one of the earliest subdivisions built in the 1950's, during the advent of the highway
systems in the Orange County area. The subdivision also reflects the conscious mass
design of the times and an adherence to new zoning and land use policies.
The project site is located on the south side of Lockwood Park Place which is situated in
the residential neighborhood south of Irvine Boulevard, west of Prospect Street and
north of First Street (Figure 1). Surrounding properties to the north, east, and west are
single family residences that are all within the R1 zoning designation. Properties to the
south are commercial in nature and are located within the Downtown Commercial Core
Specific Plan (SP-12).
Zoning Administrator
October 10, 2018
Page 3
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Figure 1 Aerial Map
PROJECT DESCRIPTION:
Existing Setting:
The project site is a 7,700 square-foot lot (0.18 acres) with a 1 ,246 square-foot, one-
story house built around in the early 1950s as part of Tract 1461, also known as the
Hugh C. Marshall Subdivision, which was approved by the Tustin City Council on March
19, 1951 . The existing house has three (3) bedrooms, two (2) bathrooms, a dining
room, living room, and a kitchen. The two-vehicle garage/addition is detached from the
main building and has been altered over the years through the unpermitted conversion
of the general purpose room (Permit No. 7160) into a second dwelling unit. The
structure is nonconforming as it sits less than five (5) away from the east side property
line and the interior floor dimension of the two-vehicle garage is less than twenty (20)
feet by twenty (20) feet. There is currently an active Code Case No. V2016-0114 at the
property for several unpermitted improvements within the garage and within the general
purpose room behind the garage.
Proposed Project:
The plans reflect that the applicants propose to demolish the existing garage and
unpermitted second dwelling unit conversion and construct a new 452 square-foot, two-
vehicle garage with a 598 square-foot accessory building attached to the new garage to
be used as guest quarters (Attachment C). The guest quarters would be located 28 feet
nine (9) inches behind the main house and approximately 75 feet from the front property
line. In addition, the proposed guest quarters will feature architecture, windows, roof
Zoning Administrator
October 10, 2018
Page 4
material and slope, hardie fiber cement siding, and color that will match or be similar to
the main house. The proposed garage and guest quarters would be approximately six
(6) inches taller than the main house, but due to its significant setback, the difference in
height would not be readily visible from the public right-of-way.
ANALYSIS:
Demolition/Construction of Garage Structure
Although the Lockwood Terrace neighborhood is an identified resource in the 2003
Historic Resources Survey, the property at 165 Lockwood Park Place is not individually
listed and is not located within the Cultural Resources District. Therefore, a Certificate
of Appropriateness pursuant to TCC 9252f1(b) is not required for the demolition of the
garage. As discussed above, the garage structure is a non-conforming structure, and
as the garage was modified without a permit to accommodate the encroachment of a
residential unit, the garage structure is no longer considered legal conforming.
Restoration of the garage is required to be in full compliance with current development
standards applicable to the project site, including minimum interior dimensions. In and
of itself, the residence is not historically or culturally significant. The historical
significance is the neighborhood as it represents one of the early residential tracts built
in the 1950s during the advent of the highway systems, the beginning of automobile
centricity in Orange County and mass production residential construction that benefited
from new zoning and land use policies. As such, demolition and construction of the
existing garage will not impact the character of the Lockwood Terrace neighborhood
and will bring the garage into conformity with the current zoning code.
The design of the proposed garage with guest quarters will be consistent with the
features of the tract ranch architecture of the existing main residence by matching the
exterior hardie fiber cement siding, colors, and roof material. The placement of the
detached garage/ guest quarters is consistent with the predominant land use pattern in
the area in that the guest quarters will be located at the rear of the property and will not be
visible from Lockwood Park Place. Further, the structure will be placed at five (5) feet
three (3) inches from the side yard property line, leaving five (5) feet of the garage visible
from the public right of way, which is less visible than the current structure.
Conditional Use Permit
The proposed guest quarters meet all applicable development standards identified in
TCC Section 9223b2 pertaining to accessory buildings used as a guesthouse (see
Attachment E — Land Use Application Fact Sheet).
A "guesthouse" is defined in TCC Section 9297 as "attached or detached building or
room that provides living quarters for guests and (a) contains no kitchen or cooking
facilities; (b) is clearly subordinate and incidental to the principle residence on the same
building site; and (c) is not rented or leased, whether compensation is direct or indirect."
Zoning Administrator
October 10, 2018
Page 5
Pursuant to proposed Condition 2.2 of Zoning Administrator Action 18-005, the
applicant would be required to record a deed restriction to prevent the accessory
building/guest house from being rented or having cooking facilities installed and/or
maintained.
Design Review
The existing residence is a version of the California ranch style which became popular
beginning in the mid-1940s and became dominant throughout the country during the
1950s and 1960s. The home has a hipped roof, hardie fiber cement siding that
simulates wood siding, and horizontal single and double-hung windows with grids. The
house has been painted a gray color and the main door has been painted a bright red
color. There are also steps and a small landing leading to the front door.
The proposed construction and addition of the detached garage with guest quarters is in
the rear of the property and would result in a modest change to the front street elevation
with respect to height. In addition, the proposed massing of the project is consistent
with the existing structure in that the proposed roof design and paint color is similar to
the existing roof and color (see Attachment C, Plan Submittal).
The color and material board (Attachment D) itemizes the proposed exterior features to
the proposed detached garage with guest quarters (to match the existing house)
including:
• New roof with composition shingle roof (Oakridge Shingles Estate Gray);
• New hardie fiber siding painted Benjamin Moore Ashland Slate; and
• Single and double-hung vinyl windows.
The proposed design is compatible in that the exterior design and finishes are
consistent with the neighborhood and typical ranch-style home features.
FINDINGS:
Conditional Use Permit:
In determining whether to approve CUP-2018-00008 for the proposed project, the Zoning
Administrator must consider that the establishment, maintenance, and operation of the
proposed use 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 which is encapsulated in the following findings:
Zoning Administrator
October 10, 2018
Page 6
1 . 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.
2. The existing house is 1,246 square feet and the proposal includes a detached
452 square-foot, two-vehicle garage with attached 598 square-foot guest
quarters. Altogether, a two-vehicle garage and guest quarters will have total
lot coverage on the property of 29.9% and the rear yard will have total lot
coverage of 23.9% consistent with the requirements of TCC.
3. The property is located within the Lockwood Terrace neighborhood which is
an identified resource in the 2003 Historic Resources Survey. The property at
165 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.
4. The existing two-vehicle garage and unpermitted second dwelling unit
conversion is a non-conforming structure. The proposal to demolish the
accessory building and construct a new two-vehicle garage with guest
quarters would be in compliance with current development standards.
Design Review:
In determining whether to approve the DR for the proposed project, the Zoning
Administrator must consider 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. In making such findings, the Zoning Administrator has
considered at least the following items:
1 . Pursuant to TCG 9272b, DR is required for the construction of new
structures, including a detached garage with guest quarters, which includes
the 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 DR applications; however, the CUP
requires Zoning Administrator approval and the DR is hereby considered by
the Zoning Administrator.
3. The physical location, height and bulk of the proposed detached garage with
guest quarters is compatible with the existing and surrounding buildings in the
neighborhood, and the accessory building is complementary with the existing
structure and will be compatible with the community.
4. That the use and design of the proposed detached 1,050 square-foot garage
with guest quarters, as conditioned, would not be detrimental to surrounding
Zoning Administrator
October 10, 2018
Page 7
properties in that the proposed structure will comply with all applicable
development standards of the R1 zoning district as pertaining to accessory
buildings.
5. The proposed accessory building is in the rear of the property and in
compliance with the TCC setback requirements.
6. The exterior materials for the accessory building will be consistent with
proposed exterior modifications to the tract ranch architecture of the existing
main residence.
7. The proposal to reconstruct the accessory building with similar design to the
existing main structure is consistent with the development guidelines and
criteria adopted by the City Council.
Staff recommends that the Zoning Administrator adopt ZAA No. 18-005 approving CUP-
2018-00008 and DR-2018-00014 to demolish an existing 302 square-foot, two-vehicle
detached garage with a 601 square-foot general purpose room that had been converted
into an unpermitted second dwelling unit, and construct a new detached 452 square-
foot, two-vehicle garage with attached 598 square-foot guest quarters at 165 Lockwood
Park Place.
("�A%0_ abVjInq2
JessIca Aguilar
Assistant Planner
Attachments:
A. Tustin Historical Survey Report excerpt for Lockwood Terrace
B. Location Map
C. Plan Submittal
D. Color and Materials Board
E. Land Use Application Fact Sheet
F. Zoning Administrator Action No. 18-005
ATTACHMENT A
TUSTIN HISTORICAL SURVEY REPORT
EXCERPT FOR LOCKWOOD TERRACE
LOCKWOOD
„r r
See following pages for property information
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A :, i
State of California—The Resources Agency Primary
DEPARTMENT OF PARKS AND RECREATION HRI#
BUILDING, STRUCTURE, AND OBJECT RECORD
Pagel of 1 *NRFIP Status Code:4S2
*Resource Name or##(420)Lockmood Terrace
B1_ Historic Name:
B Z_ Common Name.
B3. Original Use:Residential
BJ_ FresentUse: Residential
*B5_ Architectural Style: CaliforniaBungalow.modified
*B6_ Construction Sestorf. (Convniction sante,alterations,and date of alterstiem)
These buildings were built in the early 1900s.
*B7_ mn-ed'' X Yo ❑Yes ❑1Ta known Date: Original Location:
*B8_ Related Features:
B.9a. Architect:unknown b.Builder:
B10. SigUfflnonce: Theme:Residential Architectuure
Area:Santa Ana-Tustin,CA Period of Significance: 1900-1945 Property Type: Residential
Applicable Criteria:C
(DiscLus kv tante in terms of historical or architecdual conte=as defined by th^A period,and geographic scope- Also address integrity'.)
These buildings are significant as part of one of the earliest subdivisions built in the 1950s,during the advent of the highway
systems in the Orange County area_ The subdivision alsa reflects the conscious mass designof the times and an adherance to new
zoning and Land use policies. Landscape features are also significant.
Character defining features include,but are not limited to:
• rambling and horizontal form
• automobile oriented
• assl metrical shape with loser pitched roof
• moderate eave overhang
■ variety of wall cladding
• decorative railing and other modern details
811. Additional Resource Attribute.-W2)—Single Family Property
*B12_ References: 00i of Tustin Historical Surm,,thirtieth street architects,inc_,June, 1990,-Tustin:A City of Trow',Carol H.Jordan,
Heuitage Media Corp.1996.
B13_ Remarks (Sketch Map with north arrow required-)
This building requires additional information and research to assess,fully,its
significance.
*1114_ Evaluator:TBA West,C.Jordan
;Date of Evaluation:October 2003.
Map eulTently unAvailable
(This space reserved far official comments.)
DPR 523E(1195) *Required information
ATTACHMENT B
LOCATION MAP
165 Vock-wood, Park Vlace
IRVINE BLVD. '.
300 feet
_ 500 feet
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ATTACHMENT C
PLAN SUBMITTAL
PROJECT INFORMATION BUILDING COLE ANALYSIS CONSTRUCTION NOTES SHEET INDEX GASH
APN:401-532-32 CODE COMPLIANCE.2016 Crt:LIFCRNIA RESIDENTIAL CODE ARCHITECTURE
1.'NDDD FRAL'IrtG L'.Eht6 41' INDLUH FAN 8OOD SHEATHING,THAT REST L
20 1 ':ALIFCli NIA EU LDINII CODE FGIJNDA'1'IUF1 J A 1:.'AI FTHnN fi'-RCP,1 E%pOSPD EARTH HA L EF Ci-
OWNERh'.h-Hi i00DS 2016CALIFOR\IAIECHANICAL CODE AO TITLE SHEET.4?:J MOTES
165 ICI A'OO F0.12ii PLACE N TURA!Y CUR MALE r3R?RE R:NSA RCA'7D Y4O BL TMF.riE TF..EAR-H IS A• 511E PIAN
'i 16--LIF DRnII i LJNIBOAG CODE PAVED AT LEAST 10'W5DE ANO DRAINS AN.!AY FROM THE BUILDING,THE BOTTOh' eaa LakwmO r=arN aaew
TlJSTIN,C4 J2]8r 701GCaI.IFOR JIa>-.�Cr FIC0.,CODE OF THE SILL IS PERMITTED TO BE 6-ABOVE THE PAVED SUR FACE, 2 EXISTING FLOOR.FVD ROOF PLAN AND ELEVATIONS T���92.Taa
201=C?:LIFCRNIA ENERGY CODE A:i NEW FLOOR AND ROOF PLAN AND ELEVATIONS
2011 CALIFC;{NLA GREEN BUILDING STANDARDS CODE
PROJECT ADDRESS'.165 LCCK:";000 PARK PLACE STRUCTURAL ��,rc�ryarmrgt-:�+.rwacwn
TUSTIN.CA 527d0 TYF�O=CONSTRUCTION;TYPE VB,NON SF?II41KLEREO SNI GENERAOT-S
DESCRIPTION GF WORK' DEI,:CLISH EXISTING GARAGE STRUCTURE.BUILD NEW GARAGE AND pCOUF'n^ICY:R-7 AND U S-1 FOUNDATIC'�-,!SO ROOF FRAMING PLANS
GUEST ROOM WITH WET BAR AND BATHROOM Sol STRUCTURAL DETAILS
ALLCN,ABLE BUF-GING AREA UNLIMITED ENERGY
ZO'1^G D151 RIOT_R-1
CG 2016 CA GREEN CODE G
EYISTI'13 EUILDING AREA T-24.1 2916 ENERC'/STANDARDS 2
E'SISTIN G RESIDENCE:R-3=1,246 S.F. T-24.2 2D IF.ENFJC� 51 ANDAR175
EX'TING BACKYARD STRUCTURE TO BE DEMOLISHED: R-3 601 S.F. w NN n
U=3025.E- c, V y o 0 0
NEW BUILDING AREA: d zpt:m a o
EX:STI\'G RESIDENCE:R-- =1.2.16 S.F.UNCHANGED)
NEW BAC;YARD STRIiCZ1RE:R-3=5 S.F.
U=4525,F, 0 NUN�
LOT SIZE 7,700 S.F.
LOT COVERAGE:
EXISTING=2,1,19 5 F.=27 G"L
FIT V-2,2;65-F.-2R.A-.`„ o C C a W
REAR THIRD OF LO-=2,502 S.F.
STH'-ICFUHES ON THE REAR P IRO OF LOT=B70 S.F.
C EA.P AND VNCBSTR'JCTE❑SPACE ON REAR THIRD=1.697 S.F. O
RFAR YARD=4,,795 S.F.
STRJCTURES 1\REAR PARD=1,050 S.F.
REAR.YARD COVERAGE=23.9.11
ABBREVIATIONS CONDITIONS OF APPROVAL VICINITY MAP
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SITE PLAN
LOCKWOOD PARK PLACE
NORTH A 1
SITE PLAN .GALE:I.—V.-
KEYNOTES OASH
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EXISTING LEFT(EAST)ELEVATION SCALE:lA-v_ g I Z
h. storey rnlr" I-,I
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EXISTING REAR(SOUTH)ELEVATION SCALE:114•=P-0• 5 EXISTING ROOF PLAN SCALE:V�"-ra• 2 r�
V
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(E)LIVING
ROAM �••1
I 7
EE
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= EXISTING WALL TO BE DEMOLISHED . ■ LL co
NEW WALL
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EXISTING RIGHT(WEST)ELEVATION SCALE:7l4°=1'0" e} Ej BEDROCK
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E)11AJQEITJ DEMO NOTES
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F
4�
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�0 jr)GARAGE EXISTING
FLOOR AND
ROOF PLANS
AND EXT.
P� ELEVATIONS
EXISTING FRONT(NORTH)ELEVATION I SCALE:Va"=r-0 3 1 EXISTING FLOOR PLAN scALE:+ra^=1-0 A2
6 KEYNOTES ASH
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,�r��ME 41MI
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SECTION A I SOALE:1Id"=,'-0 7 -. I �NtlIPNp�np MEniRp S�RNEa�tl�Ntl�w �M W
7 12 MSNLATION P.I]IN wpLLS,NJpp Att O LamLn!gg ti
15 A3 vv L S I q No q� U
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-- ------- -
ATTIC VENTILATION CALCS
_. ...._-.. 16 REOUIREO' 0
-_-_-_-. I I GARAGE
LIVING SPACE
599 SF X Il740=1.94 SF X,dd=267 SQ IN
ARAG
NEW LEFT(EAST) ELEVATION SCALE,14'=1'-0 6 GARAGEo:
GE
HIGH VENTS=TW 0 G'HAGIN @ 72 SU IN EAL'v=.44 SO IN
LOW VENTS=FOUR EAVE VENTS-,]]9 i'114 e>CH 5Q:r IN
50IN
❑ T9TAL 264
LIVING SPADE
HIGH VENTS
LOWVENTS=rnEAGIN 72SQ_ HlSGIN INVENTS93Q:NEACHso
TOTAL 294 SqIN U)
' I ({i
W
NEW ROOF PLAN SCALE:,14=,'-0" 2 LIGHT AND VENTILATION CALCS
Q
6 sc nw sa REQUIRED: Ilr�
S Ij
VENTILATION'_AREA x 04=502 SF x.N4=20.1 SF
LIGHT AREA=v4=5 C2 SF x JJ=�:7�SF V
PROVIDED.
3 2 VENTILATION:h6.665F
(N}GUEST ROOM LIGHT:41 SF f1
NEW REAR(SOUTH)ELEVATION SCALE:i14"=1'-0" � � � 1 A LEGEND Y
/ (N(WE{BAR
IKRLN[w 15apN EXISTING WALL TO REMAIN IN PLACE Q
ti`` Nor p,,L01 /�
EXISTING WALL TO BE OEMOLISHEO � L,y„ CID O
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°P PLANS AND EXT
NIl�xffsE�pP �pE ppn ELEVATIONS
NEW FRONT(NORTH) ELEVATION I SCALE„4=,'-0 3 NEW FLOOR PLAN SCALE:Vd°=,'-0'
ATTACHMENT D
COLON AND MATERIALS BOARD
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ATTACHMENT E
LAND USE APPLICATION FACT SHEET
LAND USE APPLICATION FACT SHEET
1. LAND USE APPLICATION NUMBER(S): CONDITIONAL USE PERMIT (CUP) 2018-00008 &
DESIGN REVIEW (DR) 2018-00014
2. LOCATION: LOCKWOOD PARK PLACE, WEST SIDE OF PROSPECT BETWEEN IRVINE
BLVD. AND FIRST STREET
3. ADDRESS: 165 LOCKWOOD PARK PLACE
4. LOT: LOT 4, TRACT 1461 5. APN: 401-532-32
6. PREVIOUS OR CONCURRENT APPLICATIONS RELATING TO THIS PROPERTY:
V2016-0114: UNPERMITTED IMPROVEMENTS TO BACK OF DETACHED GARAGE
7. SURROUNDING LAND USES:
NORTH: RESIDENTIAL SOUTH: COMMERCIAL
EAST: RESIDENTIAL WEST: RESIDENTIAL
8: SURROUNDING ZONING DESIGNATION:
NORTH: SINGLE FAMIILY RESIDENTIAL (R1)
SOUTH: DOWNTOWN COMMERCIAL CORE SPECIFIC PLAN (DCCSP)
EAST: (R1) WEST: RR1
9. SURROUNDING GENERAL PLAN DESIGNATION:
NORTH: LOW DENSITY RESIDENTIAL (LDR)
SOUTH: DOWNTOWN_COMMERCIAL CORE SPECIFIC PLAN (DCCSP)
EAST: LDR WEST: LDR
10. SITE LAND USE:
A. EXISTING: RESIDENTIAL PROPOSED: SAME
B. GENERAL PLAN: (LDR) PROPOSED: SAME
C. ZONING:(R1) PROPOSED: SAME
1 of 2
DEVELOPMENT FACTS:
(NO SPECIFIC DEVELOPMENT STANDARDS REQUIRED IN P&I ZONE)
11. LOT AREA: 7,700 S.F. 10.18 ACRES
12. BUILDING LOT COVERAGE: 40% MAX. PERMITTED 29.5% PROPOSED
13. SITE LANDSCAPING: NIA REQUIRED NIA PROPOSED
14. PARKING: TWO-VEHICLE GARAGE
15. BUILDING HEIGHT: 30' MAX 8'-7" EXISTING RESIDENCE
16. BUILDING SETBACKS:
FRONT: 20 FEET REQUIRED 30'-0" PROPOSED
SIDE: 5 FEET REQUIRED 5'-0" PROPOSED (WEST)
10'-6" EXISTING (EAST)
REAR: 5 FEET, BUT NO LESS THAN 1,000 SQ, FT. CLEAR AND
UNOBSTRUCTED USABLE OPEN SPACE ON REAR THIRD OF LOT
REQUIRED
5 FEET 3 INCHES WITH 1,697 SF. CLEAR UNOBSTRUCTED USABLE
OPEN SPACE IN THE REAR THIRD OF THE LOT PROPOSED
ACCESSORY BUILDINGS (GARAGE &ATTACHED GUEST QUARTERS):
17. BUILDING HEIGHT: 25 FEET MAX 9'-1" PROPOSED
18, MAXIMUM LOT COVERAGE: 30% OF REAR YARD REQUIRED
23.9% OF REAR YARD PROPOSED
19. MINIMUM FRONT YARD SETBACK: 50 FEET REQUIRED 75'-0" PROPOSED
20. MINIMUM SIDE YARD SETBACK: 5 FEET REQUIRED 5'-3" PROPOSED
21. MINIMUM REAR YARD SETBACK: 5 FEET REQUIRED 5'-3" PROPOSED
2 of 2
ATTACHMENT F
ZONING ADMINISTRATOR ACTION NO. 18-005
ZONING ADMINISTRATOR ACTION 18-005
CONDITIONAL USE PERMIT 2018-00008
DESIGN REVIEW 2018-00014
165 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 Conditional Use Permit (CUP) 2018-00008 and
Design Review (DR) 2018-00014 was submitted by Nathan Chivers
requesting authorization to demolish an existing 302 square-foot, two-
vehicle detached garage with a 601 square-foot general purpose room
that had been converted into an unpermitted second dwelling unit, and
construct a new detached 452 square-foot, two-vehicle garage with
attached 598 square-foot guest quarters at 165 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 (R1)
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-2018-
00008 and DR-2018-00014 on October 10, 2018.
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 . 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.
2. The existing house is 1,246 square feet and proposal includes a
detached 452 square-foot, two-vehicle garage with attached 598
square-foot guest quarters. Altogether, two-vehicle garage and guest
quarters will have total lot coverage on the property of 29.9% and the
October 10, 2018
Conditional Use Permit 2018-00008
Design Review 2018-00014
Exhibit F
Page 2
rear yard will have total lot coverage of 23.9% consistent with the
requirements of TCC.
3. The property is located within the Lockwood Terrace neighborhood
which is an identified resource in the 2003 Historic Resources Survey.
The property at 165 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.
4, The existing two-vehicle garage and unpermitted second dwelling unit
conversion is a non-conforming structure. The proposal to demolish
the accessory building and construct a new two-vehicle garage with
guest quarters would be in compliance with current development
standards.
F. That the necessary facts relative to the required DR for the demolition and
new construction of the garage structure with guest quarters has 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, DR is required for the construction of new
structures, including a detached garage with attached guest quarters,
which includes the 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 DR applications; however, the
CUP requires Zoning Administrator approval and the DR is hereby
considered by the Zoning Administrator.
3. The physical location, height and bulk of the proposed detached
garage with guest quarters is compatible with the existing and
surrounding buildings in the neighborhood, and the accessory building
is complementary with the existing structure and will be compatible
with the community.
4. That the use and design of the proposed detached 1,050 square-foot
garage with guest quarters, as conditioned, would not be detrimental
to surrounding properties in that the proposed structure will comply
October 10, 2018
Conditional Use Permit 2018-00008
Design Review 2018-00014
Exhibit F
Page 3
with all applicable development standards of the R1 zoning district as
pertaining to accessory buildings.
5. The proposed accessory building is in the rear of the property and in
compliance with the TGC setback requirements.
6. The exterior materials for the accessory building will be consistent
with proposed exterior modifications to the tract ranch architecture of
the existing main residence.
7. The proposal to reconstruct the accessory building with similar design
to the existing main 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.
Il. The Zoning Administrator hereby approves CUP 2018-00008 and DR 2018-00014
to demolish a 302 square-foot, two-vehicle detached garage with a 601 square-
foot general purpose room that had been converted into an unpermitted second
dwelling unit, and construct a new detached 452 square-foot, two-vehicle garage
with attached 598 square-foot guest quarters at 165 Lockwood Park Place subject
to the conditions contained within Exhibit A attached hereto.
October 10, 2018
Conditional Use Permit 2018-00008
Design Review 2018-00014
Exhibit F
Page 4
PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular
meeting held on the 10Th day of October, 2018.
ELIZABETH A. BINSACK
ZONING ADMINISTRATOR
VERA TISCARENO
RECORDING SECRETARY
STATE 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.
2018-005 passed and adopted at a regular meeting of the Tustin Zoning Administrator,
held on the 10th day of October, 2018.
VERA TISCARENO
RECORDING SECRETARY
EXHIBIT A
CONDITIONS OF APROVAL
CONDITIONAL USE PERMIT 2018-00008
DESIGN REVIEW 2018-00014
165 LOCKWOOD PARK PLACE
GENERAL
(1) 1.1 The proposed project shall substantially conform with the Tustin City
Code (TCC) and Tustin guidelines and standards and be consistent with
submitted plans for the project date stamped October 10, 2018, 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 TCC 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.
(1) 1.5 The applicant shall agree at its sole cost and expense, to defend,
indemnify, and hold harmless the City, its officers, employees, agents,
SOURCE CODES
(1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENTS
(2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES
(3) UNIFORM BUILDING CODE/S (7) PCICC POLICY
(4) DESIGN REVIEW EXCEPTIONS
October 10, 2018
Conditional Use Permit 2018-00008
Design Review 2018-00014
Exhibit A of ZA 2018-005
Page 2
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 TGC 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 903-square-foot two-
vehicle, detached garage and unpermitted attached addition and
construct a new detached 452 square-foot, two-vehicle garage with
attached 598 square-foot accessory building to be used as guest quarters
at 165 Lockwood Park Place.
(1) 2.2 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 cannot be
rented or leased. 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
used as guest quarters.
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
October 10, 2018
Conditional Use Permit 201800008
Design Review 2018-00014
Exhibit A of ZA 2018-005
Page 3
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 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 in the amount of five (5) percent of the project's
valuation as determined by the Building Official, rounded to the nearest
thousand. The deposit amount will be collected in accordance with the
Tustin City Code.
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) 4.2 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
October 10, 2018
Conditional Use Permit 2018-00008
Design Review 2018-00014
Exhibit A of ZA 2018-005
Page 4
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 a Building Permit(s), payment of the most current
Major Thoroughfare and Bridge Fee (for the Foothill/Eastern
Transportation Corridor Agency (TCA)) to the City of Tustin (through the
Public Works Department) shall be required for the guest quarters. The
fee rate schedule automatically increases on July 1st of each year.
(1) 5.3 Prior to issuance of a Building Permit(s), a school facilities fee in the
amount required by the Tustin Unified School District Fees shall be paid.