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HomeMy WebLinkAboutZA ACTION 2-18-03 ZONING ADMINISTRATOR ACTION 03-001 DESIGN REVIEW 02-035 FEBRUARY 18, 2003 I. The Zoning Administrator finds and determines as follows: A. That a proper application, Design Review 02-035, was filed by Errain Sandoval on behalf of Oswaldo Vega, the property owner, requesting authorization to demolish an existing one car garage to construct a new two (2) car garage (441 square feet) and a two-story addition (723 square feet) for an existing residence located at 14091 South C Street. B. The site is within the Multiple Family Residential (R-3, 2000) zoning district and is currently developed with a single-family residence in the California Bungalow style. The proposed two-car garage is required for single-family use of the site. The proposed garage and the two-story addition meet the development standards of Multiple-family Residential (R-3) and minimum size requirements of Tustin City Code Section 9277 for a two-car garage with an interior clear dimension of twenty (20) feet by twenty (20) feet. C. That the proposed addition is located within the South Central Redevelopment project Area, where design review requests require approval of the Zoning Administrator. D. In accordance with Tustin City Code (TCG) Section 9299(b)(4)(c), the Zoning Administrator is authorized to review Design Review applications within Redevelopment Project Areas. E. That the Zoning Administrator reviewed the application on February 18, 2003. F. That pursuant to Section 9272(c) of the Tustin City Code, the Community Development Department finds that the location, size, architectural features, and general appearance of the proposal 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 Community Development Department has considered at least the following items: 1. Height, bulk, and area of buildings; 2. Setbacks and site planning; 3. Exterior materials and colors; 4. Type and pitch of roofs; 5. Size and spacing of windows, doors, and other openings; 6. Towers, chimneys, roof structures, flag poles, radio and television antennae; 7. Physical relationship of proposed structures to existing structures in the neighborhood; 8. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares; and, ZA Action 03-001 Design Review 02-035 Page 2 9. Development guidelines and criteria as adopted by the City Council. G. That this project involves construction of a minor addition and is Categorically Exempt (Class 1) from the requirements of the California Environmental Quality Act (CEQA), pursuant to Section 15301 of the State CEQA Guidelines. H. In accordance with Tustin City Code Section 4902a(3), construction of the project is exempt from the requirements of the Water Quality Control as mandated by the state and adopted by the City of Tustin. That the Zoning Administrator hereby conditionally approves Design Review 02-035 authorizing demolition of a single car garage to construct a 723 square foot two story addition and a two-car garage (441 square feet) located at 14091 South C Street, subject to the following conditions II. The Zoning Administrator hereby approves Design Review 02-035 authorizing demolition of a single car garage for the purpose of construction of a two-car garage (441 square feet) and a two-story addition (322 square feet) at 14091 South C Street, subject to the conditions contained within Exhibit A, attached hereto. E~ olse arns Recording Secretary PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular meeting held on the 18th day of February, 2003. 1{aAu--P_d-~ LI1- ELIZABETH A. BINSACK tr Zoning Administrator STATE OF CALIFORNIA) COUNTY OF ORANGE ) CITY OF TUSTIN ) 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. 03-001 passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 18th 1'y of February, 2003. ~ 1jfM:u ELOISE HARRIS Recording Secretary EXHIBIT A ZONING ADMINISTRATOR ACTION 03-001 FINDINGS AND CONDITIONS OF APPROVAL DESIGN REVIEW 02-035 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped February 18, 2003, on file with the Community Development Department, as herein modified, or as modified by the Community Development Director in accordance with this Exhibit. The Director may also approve subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code or other applicable regulations. (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 The subject project approval shall become null and void unless permits for the proposed project are issued and substantial construction is underway within twelve (12) months of the date of this Exhibit. If the applicant does not submit plans and obtain permits in a timely manner, the Community Development Department may initiate revocation of this design review approval. Time extensions may be considered if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.4 Approval of Design Review 02-035 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. SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODElS (4) DESIGN REVIEW ... EXCEPTIONS (5) (6) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY Exhibit A ZA Action 03-001 February 18, 2003 Page 2 (1) 1.5 As a condition of approval of Design Review 02-035, 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 defense of any such action under this condition. (*) 1.6 A building permit shall be obtained concurrent with the demolition permit. PLAN SUBMITTAL (4) 2.1 To minimize the aesthetic effect of the second floor, elevations and roof plan shall be revised to show the second floor gable facing east and west. Revised plans shall be submitted for plancheck with the south elevation facing C Street finished with wood siding and double hung windows to match the existing house, subject to review and approval of the Community Development Department. (4) 2.2 The wood siding shall be placed on the front fa~ade of the second floor to match the existing structure. A darker earth tone color for the wood trim shall be used to complement the proposed stucco and roof finish. The wood siding and trim material and color shall be submitted with the plan check submittal and shall be subject to approval of the Community Development Department. (4) 2.3 At plan check, a landscape plan shall be submitted depicting trees, shrubs, and hardscape areas visible from the public right-of-way. In accordance with Tustin City Code Section 9271(bb), a minimum of three (3) feet wide landscaping adjacent to the side property line shall be provided within the front setback area. (1) 2.4 At plan check, the following development standards shall be noted on the site plan: · Minimum front yard setback 15 feet · Minimum side yard setback 5 feet · Minimum rear yard setback 10 feet · Maximum lot coverage 65 percent · Minimum landscape open space 35 percent · Off-street parking: Two (2) car garage (Minimum inside dimension: 20 feet by 20 feet) Exhibit A ZA Action 03-001 February 18, 2003 Page 3 (1) 2.5 The driveway shall be designed to curve to the proposed location beyond the front yard and constructed in accordance with City standard No. 207 (attached). (3) 2.6 Escape or rescue windows shall be provided in all sleeping rooms, in accordance with the 2001 California Building Code (Section 310.4). A window is required from the existing and proposed bedrooms. All window sizes shall be noted on the plans. (3) 2.7 The location of all existing and required smoke detectors shall be shown on the plans. (3) 2.8 At the time of building permit application, the plans shall comply with the 2001 California Building Code (CBC), 2001 California Mechanical Code (CMC), 2001 California Plumbing Codes (CPC), 2001 California Electrical Code (CEC), Title 24 Energy Regulations, City Ordinances, and State and Federal laws and regulations or the most recently adopted codes. (3) 2.9 Building plan check submittal shall include the following: . Four (4) sets of construction plans, including drawings for mechanical, plumbing, and electrical, if applicable. . Two (2) copies of structural calculations. . Two (2) copies of Title 24 energy calculations. · Elevations that include all proposed dimensions, materials, colors, finishes, and partial outlines of adjacent buildings on-site and off- site where applicable. . Details for the proposed windows and doors. . Roofing material shall be fire rated class "B" or better. . Note on plans that no field changes shall be made without prior approval from the Building Official and architect or engineer of record. (1) 2.10 All property lines and building setbacks shall be labeled and dimensioned on the plans at plan check submittal. A minimum five (5) foot building setback shall be maintained from the side property line. In accordance with Tustin City Code Section 9271j, architectural features and elements may not extend closer than three (3) feet to the side yard. (3) 2.11 All site drainage shall be handled on-site and shall not be permitted to drain onto adjacent properties. (3) 2.12 All new glass doors and windows, in or adjacent to doors, shall be tempered in accordance with the 2001 California Building Code Section 2406.4 or the most recently adopted code. Exhibit A ZA Action 03-001 February 18, 2003 Page 4 USE RESTRICTIONS (*) 3.1 No portion of the residence or garage shall be used as a second unit or leased as a second unit. 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 no parts of the residence are leased as a second unit. 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. This deed restriction shall be recorded prior to the issuance of demolition and building permits. (*) 3.2 All portions of the garage shall be constructed and maintained as non- habitable space. The garage shall be used for the parking and storage of vehicles per Section 9297 of Tustin City Code. (1) 3.3 No outdoor storage is permitted during construction except as approved by the Tustin Community Development Director. PUBLIC WORKS DEPARTMENT (1) 4.1 Prior to any work in the public right-of-way, an encroachment permit shall be obtained and applicable fees paid to the Public Works Department. (1) 4.2 Any damage done to existing street improvements and utilities shall be repaired before final inspection. (1) 4.3 The development shall comply with all applicable provisions of the City of Tustin Water Quality Ordinance and all Federal, State, and Regional Water Quality Control Board rules and regulations. (1) 4.4 The City of Tustin is required to comply with State of California Waste Recycling requirements. To facilitate City compliance with this law, the Project ApplicanUContractor is required to submit and obtain approval from the Public Works Department of a Project Recycling Plan prior to the issuance of any grading, encroachment, or building permit. The Project Recycling Plan shall demonstrate recovery and recycling of at least 50 percent of the total waste generated by the project and shall consist of the following components: . In a narrative form, describe efforts which will be utilized to minimize the generation of waste during project construction; . Provide an estimate of the total amount of waste to be generated for the entire duration of project construction; . Provide an estimate of the total amount of recyclable materials generated by project construction, identified by recyclable material type; Exhibit A ZA Action 03-001 February 18, 2003 Page 5 · Identify waste hauler(s) to be utilized during project construction. Please note that the City has an exclusive waste collection franchise with Federal Disposal Service of Santa Ana. No other haulers are to be utilized pursuant to City Code Section 4322; . Identify recyclable material processing facilities which will be utilized to process materials generated by project construction; . Demonstrate that no waste generated by the project will be sent directly to any landfill; . Prior to the final inspection or issuance of a Certificate of Occupancy, submit a final report to the Public Works Department detailing actual quantities of the items listed above as well as a narrative summary of the recycling efforts implemented during the project. (1) 4.5 All waste disposal and recycling services associated with project construction shall be handled by Federal Disposal of Santa Ana in accordance with the City's contract which prohibits the use of other waste haulers to collect and dispose of any waste materials. FEES (1)(5) 5.1 Prior to issuance of any building permits, payment shall 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. 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. Payment of the Orange County Sanitation District No. 7 Sewer Connection Fees at the time a building permit is issued. The current fee is $690.00. d. School facilities fee to Tustin Unified School District in the amount of $2.05 per square foot. Proof of payment shall be provided to the Community Development Department prior to issuance of building permits. e. 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 forty-three dollars ($43.00) 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 Exhibit A ZA Action 03-001 February 18, 2003 Page 6 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.