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Home My WebLink AboutZA 97-007/CUP 97-014, DR 97-023 1 2 ZONING ADMINISTRATOR ACTION 97-007 The Zoning Administrator of the City of Tustin does hereby resolve 3 as follows: 4 I . 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The Zoning Administrator finds and determines as follows: A. That a proper application, Conditional Use Permit 97-014 and Design Review 97-023, was filed.by Cindy Dalrymple to authorize the conversion of an existing two-story detached garage into a guest room, and to construct a two-story garage addition to an existing residence located at 340 West 2nd Street. B. Pursuant to City Code Section 9299(b) (3) (i), the Zoning Administrator has the authority to approve Conditional Use Permit applications for accessory buildings to be used as guest rooms. C. That a public hearing was duly called, noticed and held on said application on September 22, 1997 and continued to October 6, 1997 by the Zoning Administrator. D. Pursuant to Section 9272 of the Tustin Municipal Code, the Zoning Administrator finds that the architectural features, materials and colors 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. Setbacks and site planning. 2. Exterior materials and colors. 3. Landscaping, parking area design and traffic circulation. 4. Location, height and standards of exterior illumination. S . Physical relationship of proposed structures to existing structures in the neighborhood. 6. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. 7. Development Guidelines and criteria as adopted by the City Council. E. That the proposed project is categorically exempt (Class 1) pursuant to the California Environmental Quality Act Section 15301. 1 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 authorize the conversion of an existing two-story detached garage into a 5 guest room, and to construct a two-story garage addition to an existing residence located at 340 West 2nd Street, subject to 6 the conditions contained in Exhibit A, attached hereto. 7 PASSED AND ADOPTED at a regul.ar meeting of the Tustin Zoning 8 Administrator, held on the 6th day of October, 1997. 9 11 Ut~~ Zoning Administrator 10 12 13 BARBARA REY~ Recording Secretary 14 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 26 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 proj ect shall substantially conform wi th the submitted plans 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 E~hibit. 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 sha-ll be complied with prior to the issuance of any building permi ts for the proj ect, subj ect 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 (3) UNIFORM BUILDING CODE/S (5) RESPONSIBLE AGENCY (7) PC/CC POLICY *** EXCEPTION (2) CEQA MITIGATION (4) DESIGN REVIEW (6) LANDSCAPING GUIDELINES 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 Development Department and City Attorney to ensure that the guest room and room addition shall not be used for leasing, rent, or trade, nor shall kitchen and/or cooking facilities be installed. 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 submi t 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 Develqpment Department. (3) 3.2 All new additions and existing areas added or converted to a different use shall comply wi th 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 of 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) hour 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. BE:br:za97-007