400%
200%
100%
75%
50%
25%
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
ZA AGENDA REPORT ITEM #1
ITEM NO. 1 DATE: OCTOBER 6, 1997 I n t e r- C o mlD TO: ZONING ADMINISTRATOR FROM: . COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT. CONTINUED PUBLIC HEARINGS FOR CONDITIONAL USE PERMIT 97-014 AND DESIGN REVIEW 97-023 (DALRYMPLE) RECOMMENDATION That the Zoning Administrator adopt Zoning Administrator Action 97- 007 approving Conditional Use Permit 97-014 and Design Review 97- 023 . BACKGROUND AND DISCUSSION On September 22, 1997, the Zoning Administrator conducted a public hearing for CUP 97-014 and DR 97-023 ; a request to modify an existing 1,320 square-foot detached two-story garage building into a two-story guest house, and construct an approximately 1, 025 square-foot two-story garage addition to the side of the main house. The Zoning Administrator identified concerns related to compliance with: 1) Orange County Fire Authority requirements; and 2) Zoning Development Standards including Lot Coverage. 1. ORANGE COUNTY FIRE AUTHORITY_ OCFA OCFA was contacted on the afternoon of September 22, and copies of the plans were faxed for their review. On the 23rd, Dave Grubb with the OCFA stated that they had no concerns with access to the rear of the property. It was determined that there was adequate access around the proposed addition. Since the property is less than• 150 feet in depth and no change of access from the street is proposed, OCFA has no concerns regarding the project-. ' -2 . LOT COVERAGE The lot in question totals 7, 500 square feet. The R-1 District allows a maximum lot coverage of 40 percent (or 3 , 000 square feet) . The main building with the addition, the covered front and rear patios on the main building, the guest house with the enclosed stairs; and the swimming pool were included in the lot coverage calculation as follows : Zoning Administrator Report CUP 97-014 & DR 97-023 October 6,. 1997 Page 2 LOT COVERAGE FIGURES Main House and addition 60 . 5' x 25' 1, 512 .5 square feet Guest House' with enclosed stairs 34 . 151 x 22 ' 764 . 5 square feet Front Patio 14' x 6' 84 . 0 square feet Rear Patio 19' x 11' 209 . 0 square feet Swimming Pool 14' x 28 ' 392 . 0 square feet The lot coverage totals : 2 , 962 . 0 square feet The lot coverage percentage is : 39 .493 -percent The following also summarizes compliance with all development standards for the R-1 District. Allowed/RecT'd Proposed Maximum Height 30 feet 25 feet Minimum Building Site 7,200 SF 7, 500 SF Minimum Lot Width 60 feet 75 feet -Maximum Lot Coverage 40 percent 39 .49 percent Minimum Front Setback 20 feet 20 feet Minimum Side Setback 5 feet each 7 and 7. 5 feet Minimum Rear Setback 5 feet/1, 000 SF 36 feet/2, 475 SF Minimum Lot Area/Family 7; 200 SF 7, 500 SF Off-Street Parking 2 car garage 2 car garage Accessory building Maximum Height 20 feet 22 feet* Minimum Lot Width 40 feet (culdesac) 75 feet Maximum Lot Coverage 30 percent (rear) 28 .3 percent* Minimum Front Setback 50 feet 68 .5 feet Minimum Rear Setbadk 5 feet/1, 000 SF 5 feet/1109 . 5 SF * The accessory building is existing; only the use is proposed to change. Zoning Administrator Re port . . CUP 97-014 & DR 97-023 October 6, 199'7 Page- 3 'The September' 22.' 1997 Zoning Administrator Report is included (Attachment A) for a complete discussion on the other aspects of the piroj ect. ';S y J. Eva Daniel F x, AICP Assistan 1 n r Senior Panner Attachments : Locdtion Map Submitted`Plans Attachment A - September 22, 1997 Zoning Administrator Report Zoning Administrator Action 97-O07 LO CAT[ON MAP;.--rr- Ll r c , -rRoJ e i MAt' 08 �II IN 1 ��vESTJ� �� FIRST STREET L__j i ;99 ji 2. L C. F 33 13s IJp 173 170 173 110 a '• 137 1`O 3 b 14Dr 130 tis uu PEPPERTREE Iss 150 IUtssar�a� Iso tss taa r tas io ., PARK J � •• h 130 N �Y7 fe3, 163 Ie0 H loo 'Its teo ti to 173 170 les . ^L .: 7 173 170 I70 issles::ieD los lea Y te0 leo SECOND ST. +� tas " " IE 203 200 SECOND sr• o e g y _ 220 21A, 219 '1 :f e g 3 1� 3 - 200 200 - „ r^ 230 733 2" 213 *241 t"j 210 xw s 2s3 760 23s d _40 770 ZS 270293 uS2eS230 Ia3 110 (� 300273 rrr si " Y - a 3io THIRD als -17D ST. ADMIN. 3t° BLDG. 370 323 Sso u c ^ ng K g H 4 4 -1112 7 9 v a 2 11111 335 3110 ` I .. n { 10 J42 J20 I J70 330 aso WEST' MAIN STREET I = ^ 4 `' \ NO SCALE i 7�1 i :7-ja3 :DRS/ [ ji . j. �rn ort-+d . • - . - r i 'S 3ryj y foo N0 s � f dr ,� K�dPl-L , s }11r? 75B b3 -- -7'TVM --J111jV1dj,:7e,I f !X/dG ?14Z Z- C,4s7- �T i .Sac!rk sIDes of idPr~�� T , STothy GA RAG& v/. n STA;RS ENELDIE D d DLn7. f 'X� ! P� fit+ 7{aoF Ri��E R ;Y� c G D e.�Nt 34�d 'z I., 44 f FQ j OPEN i - '�, tj?i•r-Marl i .Z.t 5 j p �•1 � ,� 5 7'�f� �f zo'/Z.' ��.7a IFIED SI`r'C �L�1N [ 4 - ��60R PIAN l Sf �lQar = P�esen � ------------ t i A4LL W/D TP 3' 9" I DEAI �—� ��l7CNt Al Ful LdVQNTRYq LE LOWaR TSTa iR5 - s'7Ilk OTR. _ REr. L/ringroom. f A j DAN/NG h'oc.n9 /3�G'•X 71 5 //`G •X/3 2 5 rOR Porc�I E 4D - ----- ` — i • plx,y T 77VII Av.L Y.3 r6i x��,li k �V9179 )&IINIQ 0 - S W09�91YfAr'] iGx ,oxX ht ra --- XlH 99 F/ V-0 I saIVLs I paN�Llj/ .' Aai�rbG. L/ •Nbn! �f`.��X,O/ aM101 ,.,.b,F N.401M 77Y/1 h��rM v3Raa / la palygiuydva.all;IcrN 7oly?!� Gor ! IM !oo • let 9, W rL -..� �.,007L LLya�g _ ?a?ss tutu MEI f/j-Va. it x 1. gljirjNV7 --J "XII Z7 :— avo/� pvz' - o w rFrZP- arv� . lvaob'03�] Fe 6.X n7,8 4 �Lt Y.+a i37�o9 � •---� OIQh�s ab,bXr.76 O tl L bg ,9 11 �,1 �K)On NF Y7' vnv 9nS _ _ L7mons j Sr�s e9o�� PI°i'4l 5 ,o7Y,h L3SD9� - I •. . N ...,• •� r��•, � r-lol�iPf�� yfiM �oof� �'L2° M 3 i Zx U;IbrR STAIR pobR 15 , L4C.rR1C ^iANEL (A) r-Aq Agri D OP q : : .coq-Vg,r '.b, .Isr...��ooR. � �'�.R�SF•�lT Tp�VE;LUPniI�N�T•.., . .. ..� � : -�: P06f-re"LI; !Yl pJ AfEXE{19ry P U,lit(li�Jrfrt�[Irruil glrcQd Ih���4?e) ® CLECTRIG oq%FT5 STnBAG>: C61 LrN r•4N5 W1t17t5 ARE,) atl ego GAMS nowr , SMoxG DE7GCr'oRs 3TAIPS ,Qc Do 5 •- (CFIL+No- Mouur) Q G E�IL+714 LfGNTS © Ev -rE R L.ICLMS O �. !11�GrIDr -pa,nherl dmr Wall, �+ 15 _ _ " . r . �• 2,FIoar s - carpe4 ezpcpf bath+ 5 S+IowER , 'DRE.%IN& 4Z y 3 Bath�'loar- 1pc.hard 5urfaCe ELFC. '. ' xN��ua�Ffi� �. Re �oC4�� e lec.�r i�•panel �r6M O• ' :•, : . .. 5".Reloca G ��cfrlc w��b heafcr - -- - ....._.�...__...-•-�------.._._...._.._+. - - - •- -- --• - - - — r=ant - - .. _ .'(Q � 1 � �-' G •c n i F•�'�T-'•� tea,-�-r� I�s Fled. Cirturl Rrnc) 'i ! - �. 1CT2r;inr,S Qlh. A 1 Sur��SiG�IRo- ATxiiim rviNl7niJ _ ...0 •To .. .._ � . . ... •a PA1N7. �MAr �. GN�X7EC1o� .. LelQ 1 •E-3 ooL.FEN'C �. �,.•. ,. ...: . hey 1 ►V. .,ATRuiMb- K t �} .1- : { I. r "T f t'i l . ....---......-----.__.._..._.. ......_._....__ .'. ' :•..:5. n-uta + . � ,.. q �r P,f 6:& s AGE - 5 7-c) JL1 0 'sTh." z�Z� I L 00i� P4 A N -S ti CL65E7- 8 ST68& Roor7 7-R 7,?it!f1 16 ly - IEl 8 1 1 .77 Ian - 4' SATN 5!X5' \ - o — •Tush in 9Z27B6 •. 'Phon e r Usk ,StiLG�,� LEI LAUDfAJb ' uVrN� 64A I RT.11InJr�1fT�rJU7 CGo3cT a S 7c R e $ocA1 i -- s�- 'k - —1- GUES T foo h • S�owkl� to-To .L L1Nk111. Ma' ; 'ak rH 9 Vis' Z`VP FLOM - M0,0rFlED (olNLy CHANGE - e'NCkb.SuRl OF S'T/IIRS) 2 fit 7r-ti 6,• .4('1 rr — Frl.r 3Yr � tr � / biz/ ' /�• � ' It • r —G'—� F3r ril . got ! z 3�i x r 7 -y � X�Stink �ea r EleV Jlio ith FAt'�t1G_ rr{' FT (• .•Y,r�+ a'. •.'°._ 1.-1't.--•-w't•'i' r.�..__y.i.- •:_: _.]' .. .._r-i •'t•;r•1 `r- 7:1• _ ._- • •••�_' IV - i -.Sim• .�' -N�--e, t_•. k". �'�_ —_Y:r- '- _ . -•----- — --�.�._;���•._��,. ..�•�� vim`-••.•1 ., h.-,�y. +s,_ . - `y. - e. Wm 4L4 Ij , - - �- - -• --- � .:11tO/�'J' Fr191'C':;.:'�w.y_ LL,a:,-..'::c:•:..�:I - _�•-:7-`-•.-7�,-'-+.u.;:- -.-:.1�_�.;��i.--".�'ti"• ._r-.: .__ _ _.. " P_.i_, i -��t.•-- .._�-'�ye/��y' �_ `ice - �� �L�.., � y � L !`►�►ly,�� S a-7Q••• -�,� NolL�Qa{! M3N �'� kits .r�eL� .. •'_ � , 111 - � --- •--- - --- � --= �� _---.=` � ._� = �h r��, • - . tlor f v n �j 7 ��=f S �S '•'�1 �,z d z/�� r OLD :. . GA AGE R6MaDW1VG 2410 W, eND STRF-�T -ELEVRTIONS.' t Tell. Y•T ofcura n Yi's IInq R,'�h+ %I) t;de EIeV4f10t cl�ad�s In RI�I,�.CFVesF) J E�tY4�l/n a-Frr c w W Jill IYI . 9�i�•••YYY� ZL� � �— 11 ' 1 • � 3%z. ry xt"rc�{ • �atG" a.�Na • f �4' —' xa1L �1 + titre • A o[ Jay,/ I K Q � or a c CtUe s E Back (SOA) Gar4lt Elevel Tice lot to %AWoca F-- .1�7 W, . . Irl"Prwl FrARAr1f. D64 IL'x�t 1�%� 9yf se X15 1n , Fr-ani Goa' )e vc,to'n •h . y � %I L> ' 7roi.Lo� ' Ir1�3• ,s • +� ,fib .Y �oC,r - r' 1Ni3 531•"r5 I,l,lEj4-�S L-Rn0' fvpv�ua� ,'�f� uo.l`ana� a.�„jv9�kJrr ) 1 . All 'rrt�rM S hod1� 3yll'Stoai! figffv-7 u Ibr1S -' rF-� L-.rh.4 c-3:oiprra po r+•apim l��oUa�y a�nso1�u �,o}S �?1�G uvr�vn�� ja7 �o �sy3 rr �r Tr - Yuroy�3P��.zI , �I4�tl�r.') - ��vUt'� �,,,,�►,�j„r, :fig iLb `' Izr' yiFld fCI.:�/,C LE M i/O/V5 •l ooF LINL'. ji'a7t/L r � rr Q�lo FAC¢l ! yi. X151/76 LEIS S/de. Fiell�I � lof'i f rmc m d SRR E nj fi - 4-3! ,2%' `� Ertr's�it-f VVS , r1c EjeVl don Z3 ' CdAlA 5HrA1GLE , � 'Roo � G��a Plrc•� � ' 8' TIDG-E 12X4 Jzz�J. � ,}"o�trltgla� . Prese'n-� }'dao Lin6 V Eff y' 1 r�� sus 171 1. I .iVeid vvc•S ,:{c ale v a 4ror2' �• - L 1 • � i a �t L1r7� �UI '�h r7c�c�r �for2 _ C4blP 5HIAAGLE �� RfDGF I 30 j I - f �' 3f' 19 94 �zx . ' over ha►,tc� t'e3E'rt X13� /..b EA- 7 Ck Asa rr . I IC{u 31x5 � i f)G ' � •o�Tc�larrG • � IZ"ovFrhvhq ' �b" o tie karJb� av-R}lAN•Cr JJ3 y oven+tANa I>s". ' OiCA ANG .1 IJ . 1:11, ' '`'•� . �pEcJ D�w� TQutsES . 'bEKIaTINM �1((Sr/N��6F kDGl: • .. COM,t?o SNJNCrLE . ...... 4> RNAN6� J4" X,5T+N!rMR,o16 wglJ e OJE�,F±?N Cr Id lS RtOGJ36JNJs BLE SL bPiNG.FReAi &XI5","ING WALL R6dP OJerhAncj D Raa� OvCr h4A 1'6 J a •F B Cr. CMO R60F 'I RN5st:5. 'u0A-I--nc vEN f ID Ll/d k z�' S• "j).r Cahtre, Shrnr�le IZ P(,Tclr YJ F6scrLlrf6 OVe,44A� LL,r— --- y QsaG OVER brd2s- 'CiC�a;e 1;I�.Rf�h OV�it .aPJCr 18` IID$E- Is-Chsfih woI1 6� G I fm FACT: f'n ATTACHMENT, A V �*S DATE: SEPTEMBER 22, 1997 Inter- Com Srw TO: ZONING ADMINISTRATOR FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT. CONDITIONAL USE PERMIT 97-014 AND DESIGN REVIEW 97-023 APPLICANT/ CINDY DALRYMPLE OWNER: 340 WEST 2ND STREET TUSTIN, CA 92780 ` LOCATION: .340 WEST 2ND STREET ZONING: SINGLE FAMILY RESIDENTIAL (R-1) , CULTURAL RESOURCES OVERLAY ENVIRONMENTAL THIS PROJECT HAS BEEN DETERMINED TO BE STATUS: CATEGORICALLY EXEMPT (CLASS 1) PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT REQUEST: TO AUTHORIZE THE CONVERSION OF AN EXISTING TWO- STORY DETACHED GARAGE INTO A GUEST HOUSE PER TUSTIN CITY CODE SECTION 9223 (13) (3') AND TO CONSTRUCT A TWO-STORY GARAGE ADDITION TO AN EXISTING RESIDENCE. RECOMMENDATION That the Zoning Administrator adopt Zoning Administrator Action 97- 007 approving Conditional Use Permit 97--014 and Design Review 97- 023 . BACKGROUND AND DISCUSSION The existing residence and detached garage were constructed in the 1970 ' s, and are not idcntified'within the City' s Historic Survey. The upper floor of . the (3etached garage includes interior improvements, (i.e: kitchen, full bathroom, entertainment room, bedroom, hallway, and- storage room) , that were constructed by a previous owner without the benefit of any, zoning approvals or building permits. The applicant proposes to modify the existing 1, 320 square-foot detached two-story garage building into a two-story guest house, which will include a gameroom, ' home office, two bathrooms, wet bar/entertainment room, bedroom, and storage room. For the Zoning Administrator Report CUP 97-014 & DR 97-023 September 22, 1997 Page 2 purposes of this discussion, the term "guest room' as noted in TCC Section 9223 (B) '(3) and the term "guest house" as defined in TCC Section 9297 shall be considered the same. To accommodate the parking requirements of *the R-1 zone (two off-street spaces for a single-family residence) , the applicant intends to construct an approximately 1, 025 square-foot two-.story garage addition to the side of the main house. Site and Surrounding Properties The project site. is located within the Cultural Resources Overlay District on the south side of West 2nd Street, between A and B Streets. Surrounding uses include residential uses to the north, south, east, and west, with the Tustin Senior Center located to the east, across B Street. Project Description -Accessory buildings used as guest rooms are allowed in an' R-1 zone -- with a CUP per TCC . Section 9223 (B) (3) . The required rear yard.' setback per TCC Section •9223 (A) (2) (e) is five feet, and the detached garage does comply with that standard. Off-street parking is not required for- this use, but kitchen improvements are not permitted in a guest house per TCC Section 9297. The applicant- has agreed to remove the existing kitchen improvements to the satisfaction of the Building Official. TCC Section 9223 (B) (3) (a) stipulates that the maximum height of an accessory structure in an R-1 zone is twenty feet, while the existing detached garage currently has a height of twenty-two feet. Because this structure was issued a building permit by the City, in the 1970' s, it is- a legal, non-conforming use. However, because the building is not being expanded (except to enclose the exterior stairway) ; the proposed use may be maintained per TCC Section 9273 . The upper floor will have a bathroom, bedroom, storage room, and wet bar/entertainment room. The lower level will have a game room, office, and- bathroom. The only exterior modifications are the removal/replacement of the garage door, the additiori of two exterior doors, and windows, and the enclosure of the existing stairway. All exterior treatments (windows, doors, lighting, roofing) shall match the existing treatments. Zoning Administrator Report CUP 97-014 & DR 97-023 September 22, 1997 Page 3 . In order to accommodate the parking- requirements stipulated in the Zoning Code, the applicant is proposing to construct an attached garage addition to the main structure. To better blend with the main residence, the addition will be two stories high with the upper floor being identified as an art-type studio. However, the front of the addition will be recessed approximately two feet from the building line of the front of the residence, and .there is- a corresponding projection at the rear of the addition. " The footprint of the addition is 20.5- feet by 25 feet, which translates into an increase of floor area (over- two stories). of 1, 025 square feet . Even with this addition, the improvements do not. exceed the maximum lot coverage- standards for R-1 zones (TCC Section 9223 (A) (1) (d) ) of forty percent. R-1 side yard setbacks -are five feet per TCC Section 9223 (A) (1) (g) , and the addition maintains a seven and one-half foot setback on -each side. The exterior finish of the building addition will be wood shiplap siding to match the existing residence exterior. The addition will have a gabled roof to match the existing roof design and pitch. Composition shingles will be utilized to match the existing roof covering. Guest Room Zoning Code Section 9223 (B) (3) .requires the approval of a Conditional Use Permit for an accessory structure to be used as a guest room in the R-1 District. Because of its location within the Cultural Resources overlay _ District, this project would also require a Certificate of Appropriateness. Per Zoning Code Section 9252 (H) , findings must be made that the project would not ,have a detrimental effect on the Cultural Resource District or surrounding cultural resources. Condition No. 2.4 requires approval of a ' . Certificate of Appropriateness prior to issuance - of -building permits . The proposed conversion and addition will not . have an adverse effect on a cultural resource or on the character of the Cultural Resource District basedonthe following observations : 1 . The subject property,is a non--contributing structure, bordered on both sides by non-contributing structures., In fact, there is only one rated structure' on the entire block. � -� Zoning Administrator Report CUP 97-014 & DR 97-023 September, 22, 1997 Page 4 2 . The proposed addition will incorporate design details (siding, ' roofing, window treatments, etc . ) ' that match those of the existing main structure. The addition will be offset to the rear to provide a. visual break in the architectural mass presented by the residence. USE RESTRICTIONS Tustin City Code Section 9297, defines a guest house as "detached living quarters of a' permanent type, without kitchens or cooking facilities and where no compensation in any form is .received or paid" . Condition No. 2 .2 requires the removal of the existing kitchen improvements to the satisfaction of the Uniform Building Code. , Second dwelling units are simply additional -habitable living quarters as defined in the Uriif6rm Building Code. Second units are allowed in an R-1 zone with a CUP per TCC Section 9223 (B) (1) , with a minimum lot size of 12,000 square feet. A rear yard setback requires twenty feet with a two7car garage. The square footage of the subject lot and the configuration of the improvements preclude a "second dwelling unit" on the lot. To ensure that the guest house is not converted to or used as a second dwelling unit, Condition No. 2 .1 requires the property owner to execute and record a deed restriction in a form * acceptable to- the Community Development Department and City Attorney stating that the guest house and room addition shall not be used for leasing, nor shall kitchen and/or cooking facilities be installed -to . constitute a second dwelling- unit. The deed restriction shall be recorded with the Office of the County Recorder prior to the issuance of any permits and shall be binding, .on all . future owners or interested parties 'of the pr "e ty. r ey Eve n Daniel Fo , AIC- Ass i to t P1 er Senior Planner Attachments : Exhibit A - Zoning Administrator Action 97-007 Location Map ' Submitted Plans ZONING ADMINISTRATOR ACTION 97-007 2 , The Zoning Administrator of the City of Tustin does hereby resolve 3 as follows : 4 I . The Zoning Administrator finds and determines as follows: 5 A. That a proper application, Conditional Use Permit 97-014 and Design Review 97-023, was -filed.by Cindy Dalrymple to 6 authorize the conversion of an existing two-story detached garage into a guest room, and to construct a 7 two -story garage addition to an existing residence located at 340 West 2nd Street. 8 B. Pursuant to City Code Section 9299 (b) (3) (i) , the Zoning 9 Administrator has the authority to approve Conditional Use Permit applications for accessory buildings to be 10 used as guest rooms . 11 C. That a public hearing was duly called, noticed and held on said application on September 22, 1997 and continued 12 to October 6, 199.7 by the Zoning Administrator. 13 D. Pursuant to Section 9272 of the Tustin Municipal 'Code, the zoning Administrator finds that the architectural 14 features, materials and colors will not impair the orderly and - harmonious development of the area, the 15 present or future development therein, or the occupancy as a whole. In making such findings, the Zoning 16 Administrator has considered at least :the following items : 17 1. Setbacks and site planning. 18 2 . Exterior materials and colors . 3 . Landscaping, parking area design and traffic 19 circulation. 4 . Location, height and standards of exterior 20 illumination. S . Physical relationship of proposed structures to 21 existing structures in the neighborhood. G. Appearance and design relationship of proposed 22 structures to existing structures and possible future structures in the neighborhood and public 23 thoroughfares. 7. Development Guidelines and criteria as adopted by 24 the City Council . 25 E. That the proposed project is categorically exempt (Class 1) pursuant to the California. Environmental Quality .Act 26 Section 15301. 27 28 L I Zoning Administrator Action -97-007 October 6, 1997 2 Page 2 3 II . The zoning Administrator hereby approves Conditional Use 4 Permit 97-014 . and Design Review 97-023 to authorizethe conversion of an existing two-story detached garage into a 5 guest room, and to construct a two-story garage addition to an- existing nexisting residence- located at 340 West 2nd Street, subject to 6 the conditions contained in Exhibit .A, attached hereto. 7 PASSED_ AND ADOPTED at a regular meeting of the Tustin Zoning 8 Administrator, held on the 6th day of Octobers 1997 . 9 10 11 ELIZABETH A. BINSACK Zoning Administrator 12 .3 14 BARBARA REYES Recording .Secretary 15 STATE OF CALIFORNIA ) 16 COUNTY OF ORANGE ) CITY OF TUSTIN ) 17 I, - BARBARA REYES, the undersigned, hereby certify that I am the 18 Recording Secretary of the Zoning Administrator of the City of Tustin, California; that Zoning Administrator Action No. 97-007 was 19 duly passed and adopted at a regular. meeting of - the_ Tustin Zoning Administrator, held on the 6th day of October, 1997. 20 21 BARBARA REYES 22 Recording Secretary 23 24 25 !6 27 28 EXHIBIT A ZONING ADMINISTRATOR ACTION 97-007 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 97-014 AND DESIGN, REVIEW 97-023 OCTOBER 6, 1997 GENERAL {1} 1..1. The proposed project shall substantially conform with the submitted. p7-ans for the project date stamped October 6,' 1997 on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development Department 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 to be consistent with provisions of the Tustin City Code. (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 Conditional Use Permit and Design Review approval shall become null and void unless ' all building permits are issued and substantial construction is underway within eighteen (18) months of the date of this Exhibit. Time extensions may be granted by the Zoning Administrator 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 97-014 and Design Review 97--023 is contingent upon the applicant and property owner signing: and returning an "Agreement to Conditions Imposed" form. as established by the Director of Community Development prior to the issuance of building permits.. (1) 1. 5 The applicant shall hold harmless and defend the City_ of Tustin from all claims and liabilities arising out, of the City' s approval of this project. SOURCE CODES (1) STANDARD CONDITION (2). CEQA MITIGATION (3) UNIFORM BUILDING CODE/S (4) DESIGN REVIEW (5) RESPONSIBLE AGENCY (6) -LANDSCAPING GUIDELINES (7) PC/CC POLICY _ *** EXCEPTION Exhibit A Zoning Administrator Action 97-007 October 6, 1997 Page 2 PLANNING (4) 2 .1 The property owner shall execute and record a deed .restriction in a form acceptable to the Community Developmen. Department and City Attorney to ensure that the guest/room and room addition shall not be .used for leasing I/nor shall kitchen and/or cooking facilities be installed to constitute* a second-dwelling unit . The deed restriction shall be recorded with the Office of the County Recorder prior to the issuance of any permits and shall be binding on all future owners or interested parties of the property. (4) 2 .2 The kitchen improvements within the guest house are not , permitted pursuant to Tustin. City Code Section. 9233 (B) (3) and shall be removed to the satisfaction of the Building Official. (4) 2 .3 All improvements constructed without a building. permit shall be identified on construction level drawings as required by Condition No. 3 . 1 below, to the satisfaction- of the Building Official . (1) 2 .4 A Certificate of Appropriateness issued by the Community Development Director is required prior to the issuance of permits for the final design plans .- BUILDING (1) 3 .1 At plan check submit three (3) sets of construction plans, including architectural, structural, . electrical, mechanical, plumbing, details and specifications, and two (2) sets of structural calculations . Requirements of the Uniform Building Code. shall be complied with as approved by the Building Official . No field changes shall be made without corrections submitted to and approved by the Community Development Department . (3) 3 .2 All- new additions and existing areas added or converted to a different use shall comply with the prevailing building codes. FEES (1) 4 .1 Prior to issuance of any building permits, payment shall (5) be made of all applicable fees, including but not limited to the following. Payment shall be required based upon those rates in effect at the time of payment and are subject to change. Exhibit A Zoning Administrator Action 97-007 October 6, 1997 Page 3 A. Building plan check and permit/- fees to the Community Development Department based on the most current schedule. B. Orange County Fire Authority plan check and inspection fees to the Community Development Department based upon the most current schedule. C. School facilities fee to the Tustin' unified School District subject to any agreement reached and executed between the District and the applicant . (1) 4.2 Within forty-eight. (48) hours of approval 4f the subject (5) project, the applicant shall deliver to the Community Development Department, a cashier' s check payable to the COUNTY CLERK :in the amount of $38 . 00 (thirty eight . dollars) to enable the City to file the appropriate environmental documentation for the project . If within such forty-eight (48) hoil.r 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. HE:br:za97-007