HomeMy WebLinkAboutZA 00-015/AMEND CUP 99-016
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ZONING ADMINISTRATOR ACTION 00-015
AMENDMENT TO CONDITIONAL USE PERMIT 99-016
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I.
The Zoning Administrator of the City of Tustin does hereby resolve as follows:
The Zoning Administratorfinds and determines as follows:
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A.
That a proper application was filed by Denise Menz requesting
authorization to remove Condition No. 2.4 of Zoning Administrator Action
99-008 authorizing Conditional Use Permit 99-016 for the conversion of a
384 square foot accessory structure to a guest house on the property
located at 14392 Holt Avenue.
B.
That the use is allowed within the Residential Estate (E-4) Zoning District,
with the approval of a Conditional Use Permit, and is consistent with the
Low Density Residential land use designation of the General Plan. In
addition, the project has been reviewed for consistency with the Air Quality
Sub-element of the City of Tustin General Plan and has been determined to
be consistent with the Air Quality Sub-element.
That a public hearing was duly called, noticed and held on said application
on November 11, 2000 and December 4, 2000, by the Zoning
Administrator.
That the establishment, maintenance, and operation of the amendments
applied for 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 a
detriment to the property and improvements in the neighborhood of the
subject property, nor to the general welfare of the City of Tustin as
evidenced by the following findings:
C.
D.
1)
The proposed amendments, as conditioned, would not be
detrimental to surrounding properties or improvements in that City of
Tustin Public Works Department will be installing sidewalk facilities in
the Spring of 2001 at the subject property and the neighboring
properties along the east side of Holt Avenue between Irvine
Boulevard and the northerly City boundary.
2)
The proposed amendments will not have a negative impact on the
surrounding property owners or improvements within the vicinity in
that the City does not require property owners of residential
properties to replace drive aprons in conjunction with public sidewalk
improvements installed by the City.
3)
As conditioned, the proposed amendments will not have a negative
effect on the surrounding property owners in that the subject
property owner has replaced the driveway as required by Condition
2.4 of Conditional Use Permit 99-016.
Zoning Administrator Action 00-015
December 4, 2000
Page 2
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4)
The proposed amendments will not have a negative effect on the
surrounding property owners in that no change or intensification of
use is being requested, only a change in the entity installing the
sidewalk improvements.
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5)
As conditioned, if permits have not been obtained and substantial
construction is not underway on or before January 31, 2001, the
project approvals will expire. Removing the aforementioned
conditions will encourage expedient construction in that installing
sidewalk facilities will no longer be a financial burden to the property
owner.
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E.
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That this project is Categorically Exempt from the requirements of the
California Environmental Quality Act, pursuant to Section 15303 (Class 3).
The Zoning Administrator hereby amends Conditional Use Permit No. 99-016 by
removing Conditions 2.4, 3.3 and 3.4 of Zoning Administrator Action 99-008,
subject to the conditions contained within Exhibit A, attached hereto.
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13 PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a meeting
held on the 4th day of December 2000.
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Zoning Administrator
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18 Eloise Harris
19 Recording Secretary
20 STATE OF CALIFORNIA)
COUNTY OF ORANGE )
21 CITY OF TUSTIN )
22 I, Eloise Harris, 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.
23 00-015 passed and adopted at a meeting of the Tustin Zoning Administrator, held on the
4th day of December 2000.
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C/J' .
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Eloise Harris
Recording Secretary
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EXHIBIT A
POTENTIAL CONDITIONS OF APPROVAL
CUP 99-016
GENERAL
(1) 1.1 Unless otherwise specified, the conditions contained in this Exhibit shall be
complied with as specified or prior to the issuance of any building permits
for the project, subject to review and approval by the Community
Development Department.
(1) 1.2 The subject project approval shall become null and void unless permits are
issued on or before January 31, 2001, and substantial construction is
underway. Time extensions may be granted if a written request is received
by the Community Development Department within thirty (30) days prior to
expiration.
(1) 1.3 The applicant shall comply with all other conditions of approval in Zoning
Administrator Action 99-008 incorporated herein by reference.
(1) 1.4 Approval of amendment to Conditional Use Permit 99-016 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.
(1) 1.5 The applicant shall hold harmless and defend the City of Tustin from all
claims and liabilities arising out of a challenge of the City's approval for this
project.
FEES
(1) 2.1 Prior to issuance of any building permits, all payments shall be made of all
applicable fees including the building division plancheck fees. Payment
shall be required based upon those rates in effect at the time of payment
and are subject to change. For improvements constructed without building
permits, a penalty fee of 100 percent shall be applied to the permit
application.
(1)
(2)
(3)
(4)
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SOURCE CODES
STANDARD CONDITION
CEQA MITIGATION
UNIFORM BUILDING CODEtS
DESIGN REVIEW
EXCEPTIONS
(5)
(6)
(7)
RESPONSIBLE AGENCY
REQUIREMENTS
LANDSCAPING GUIDELINES
PC/CC POLICY