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HomeMy WebLinkAboutZAA 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 illegal and noncompliant. 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 with all applicable development standards of the R1 zoning district as pertaining to accessory buildings. October 10, 2018 Conditional Use Permit 2018-00008 Design Review 2018-00014 Exhibit F Page 3 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. 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 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 tISCAKIMV\ RECORDING SECRETARY STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN 1, 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'tkARehb'0\\\\\ 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) PC/CC 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 TCC 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 RESTRICTIONS/PLANNING (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 2018-00008 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.