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HomeMy WebLinkAboutZAA 21-010 ZONING ADMINISTRATOR ACTION 21-010 MINOR ADJUSTMENT 2021-0001 178 N. C STREET The Zoning Administrator of the City of Tustin does hereby resolve as follows: I. The Zoning Administrator finds and determines as follows: A. That Susan Bergevin submitted a proper application for Minor Adjustment (MA) 2021-0001 to allow for a reduction of one (1) garage parking space for the property located at 178 North C. Street. The property is developed with a single-family detached home and a one (1)-car garage within the Single Family Residential (R-1) Zoning District and is listed on the City's Historic Resources Survey. B. That pursuant to Tustin City Code (TCC) Section 9264b, when associated with a historic resource, the number of required off-street parking spaces may be decreased by one (1) garage parking space upon Zoning Administrator approval of a MA pursuant to TCC Section 9299. C. Any MA granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and district in which the subject property is situated. D. That the MA is in conformance with the General Plan and because of special circumstances applicable to the property the strict application of the Zoning Ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification, and the minor adjustment shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and district in which the subject property is situated as evidenced by the following findings: 1) TCC Section 9264b allows for the number of required off-street parking spaces to be decreased by one (1) garage or parking space when associated with a recognized historic resource and when specified hardship findings can be made. 2) The subject property is listed on the City's 2021 Historic Resources Survey with a NRHP status code of 5D1, recognizing the home as a historically significant resource. 3) The subject property has an existing one-car garage provided on-site. 4) Due to the configuration and layout of the existing house and the one- 1. car garage, there is not adequate room to accommodate another garage space with sufficient space for access and back-up distance, and providing a new garage space or access to a new garage could Zoning Administrator Action 21-010 MA 2021-0001 Page 2 result in significant alteration or demolition of the historic structure or historic garage. 5) The existing house is approximately 976 square feet and the proposed addition is 393 square feet, which is an increase of approximately 40 percent. 6) The existing one-car garage is setback over 53 feet from the street, and the driveway leading to the garage can accommodate vehicle uncovered tandem parking. 7) The addition of a master bedroom, including a bathroom and closet will increase the livability, functionality, and value of the historic home without changing the appearance of the property from the public right- of-way. 8) Approval of the proposed MA 20,21-00011 would not be granting a special priviilege in that the subject property is, listed on the City's 2021 Historic Resources Survey and the TCC allows listed properties to apply for a decrease in off-street parking requirements when certain hardship findings can be made. E. This project involves modification of an existing facility and is subject to CECA pursuant to Section 15301 (Class 1) of the California Code of Regulations (Guidelines for the California Environmental Quality Act). 11. The, Zoning Administrator hereby approves, MA 2021-0001 to allow for a reduction of one (1) garage parking space for the property located at 178 North C Street, subject to the conditions contained within Exhibit A, attached hereto. PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin, at a regular meeting on the November 18, 2021. JU�T&;k L. WILLKOM ZONING ADMINISTRATOR VERA HORTADb RECORDING SECRETARY Zoning Administrator Action 211-0 10 MA 0J1-00071 Page 3 STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TU TIN 1, Vera Hurtado, the undersigned, hereby certify that I am! the Zoning Administrator Secretary of the City of Tustin, California; that Zoning Administrator Action 21-010 as duly passed and adopted at a regular mootingi of the Tustin Zoning Administrator, held on the 118 t!h day of November, 2021, N11 % VERA ICU AIS "-%w RECORDING SECRETARY i EXHIBIT A f ZONING ADMINISTRATOR ACTION 21-010 MINOR ADJUSTMENT 2021-0001 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped November 18, 2021, on file with the Community Development Department, as herein modified, or as modified by the Community Development Director in accordance with this Exhibit. The Community Development Director may also approve subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code (TCC). (1), 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with prior to the issuance of building permits, subject to review and approval by the Community Development:Department. (1) 1.3 Approval of Minor Adjustment (MA) 2021-0001 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 Community Development Director, and evidence of recordation shall be provided to the Community Development Department. (1) 1.4 As a condition of approval of MA 2021-0001, 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 attack, 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 its sole cost and expense, elect to participate in the defense of any such action under this condition. (1) 1.5 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney's fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. F I I Exhibit A Conditions of Approval E MA 2021-0001 Page 2 USE RESTRICTIONS (1) 2.1 This approval is contingent on the property remaining a single-family home as listed on the City's Historic Resources Survey. Should the property be removed from the Historic Resources Survey or redeveloped, all parking would need to comply with the TCC in place at that time. 2.2 New additions to the historic structure, including the proposed master bedroom addition, shall be limited to a maximum of one hundred fifty (150) percent of the existing 976 square-foot residence. Increases in square footage beyond this limit shall require a second garage space to be provided on-site. 2.3 The applicant shall apply for and obtain building permits for any alterations that require a building permit. 2.4 The .one-car garage and uncovered tandem parking space in the driveway shall remain permanently accessible for the parking of a minimum of two (2) cars on-site. FEES (1, S) 3.1 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.