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HomeMy WebLinkAboutZA ACTION 04-011 ZONING ADMINISTRATOR ACTION 04-011 DESIGN REVIEW 04-014 AND MINOR ADJUSTMENT 04-001 14891 YORBA 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 a proper application for Design Review 04-014 and Minor Adjustment 04-001 was filed by Joyce Altman, property owner, requesting authorization to convert an existing 1,820 square foot single family residence and a 528 square foot detached garage at 14891 Yorba Street into a professional consultant office and reduce the number of required off-street parking spaces from nine (9) spaces to eight (8) spaces to accommodate the conversion. B. That the site is developed with a single family residential structure and is regulated by Specific Plan No.9. The proposed conversion into a consultant office is substantially consistent with the requirements and development standards of Specific Plan No. 9 and General Plan "Commercial Professional Office" land use designation which allows for development of professional offices. 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. C. That Sections 9272(b) and (c) of the Tustin City Code authorize the Community Development Director to review and approve a Design Review application. Section 9299.b of the Tustin City Code authorizes the Zoning Administrator to approve, conditionally approve, or deny an application for a Minor Adjustment. The Design Review application has been deferred to the Zoning Administrator for concurrent consideration. D. That pursuant to Section 9272(c) of the Tustin City Code, the Zoning Administrator 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 Zoning Administrator has considered at least the following items: 1. Height, bulk, and area of buildings; 2. Setbacks and site planning; 3. Landscaping and parking area design and traffic circulation; Zoning Administrator Action 04-011 Page 2 4. Size and spacing of windows, doors, and other openings; 5. Exterior materials and colors; 6. Location, height, and standards of exterior illumination; 7. Location and appearance of equipment located outside of an enclosed structure; 8. Location and method of refuse storage; 9. Physical relationship of proposed structures to existing structures in the neighborhood; 10. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares; 11. Development guidelines and criteria as adopted by the City Council; and In summary, the alteration includes the installation of two (2) new windows to the side of the garage consistent with the style of existing windows at the home elevations. No other changes to the exterior elevations of the home or garage are proposed, and the project maintains the distinctive architecture of the buildings and the site as noted in the City's Historical Resources Survey Report. In addition, although the site improvements will be constructed to accommodate ingress, egress, and a parking area to accommodate the conversion, the majority of the existing landscaping and the overall context of a residential setting would be preserved. E. In accordance with Section 9299c(3)(a) of the Tustin City Code, the Zoning Administrator finds and determines the following: 1. That special circumstances apply to the property in that the existing home and garage are situated on the property such that the creation of additional parking spaces and new driveway to comply with the requirements of Specific Plan No. 9 would require demolition of existing structures. The strict application of the Code is found to deprive the subject property of privileges enjoyed by other property in the vicinity under identical zoning classification. 2. That while the site only provides eight (8) of the nine (9) parking spaces required under Specific Plan No.9, the intent of the parking regulations is preserved in that sufficient employee and customer parking spaces will be provided for the proposed office use. As conditioned, if at any time in the future the City is advised that parking and/or traffic problems exist on the site or in the vicinity as a result of the profeSSional consultant office use, the Director of Community Development may require the property owner and/or Zoning Administrator Action 04-011 Page 3 applicant to prepare a parking demand analysis and/or a traffic study. If said study indicates that there is inadequate parking or a traffic problem, the property owner and applicant shall be required to provide mitigation measures to be reviewed and approved by the Community Development Department. 3. That the adjusted decrease in the number of parking spaces will not be detrimental to the public health, safety, or general welfare or materially injurious to the properties located in the general vicinity in that the reduction of one (1) parking space is considered a minor adjustment and that the City's Public Works Department has reviewed the parking area and circulation of the site and has determined that no impact to the public safety and welfare is anticipated. F. As conditioned, dedication of an appropriate corner cut-off at the drive aprons and sidewalk would be required to facilitate safe pedestrian movements in compliance with the Federal American with Disabilities Act (ADA) requirements. G. As conditioned, the applicant would be required to satisfy dedication and/or reservation requirements as applicable, including but not limited to, dedication of all required street and flood control right-of-way easements, vehicular access rights, sewer easements and water easements defined and approved as to specific locations by the City Engineer and other agencies to accommodate the conversion of the property from residential to commercial. H. That this project involves minor alteration of an existing property and is Categorically Exempt pursuant to Section 15301, Class 1 of Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Zoning Administrator hereby approves Design Review 04-014 and Minor Adjustment 04-001 authorizing the conversion of an existing 1,820 square foot single family residence and a 528 square foot detached garage into a professional consultant office and the reduction of the number of required off- street parking spaces from nine (9) spaces to eight (8) spaces to accommodate the conversion for the property located at 14891 Yorba Street, Tustin, subject to the conditions contained within Exhibit A attached hereto. Zoning Administrator Action 04-011 Page 4 PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular meeting held on the 25th day of October, 2004. ~~d_~~~-L Elizabeth A. Binsack ZONING ADMINISTRATOR ~d~ Eloise Harris RECORDING SECRETARY 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. 04-011 was passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 25th day of October, 2004. ~~ Eloise Harris RECORDING SECRETARY EXHIBIT A CONDITIONS OF APPROVAL DESIGN REVIEW 04-014 AND MINOR ADJUSTMENT 04-001 (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped October 25, 2004, 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 and the structure and property converted to residential use unless permits for the proposed project are issued and construction is underway as follows: . The applicant shall submit building and grading plans by November 22, 2004. . The applicant shall obtain grading and building permits no later than January 3, 2005. . The applicant shall commence construction within two (2) weeks of permit issuance and shall progress timely. . The applicant shall pass final inspection no later than April 25, 2005. 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 04-014 and Minor Adjustment 04-001 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) (2) (3) (4) *** STANDARD CONDITION CEQA MITIGATION UNIFORM BUILDING CODEtS DESIGN REVIEW EXCEPTIONS (5) (6) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PCtCC POLICY Exhibit A Zoning Administrator Action 04-011 Page 2 (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 of this project. (***) 1.6 Upon issuance of a grading and/or building permit, the structure shall no longer be used for residential purposes. PLAN SUBMITTAL (3) 2.1 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), California Title 24 Accessibility Regulations, Title 24 Energy Regulations, City Ordinances, and State and Federal laws and regulations. Building plan check submittal shall include the following: . Four (4) sets of construction plans, including drawings for mechanical, plumbing, and electrical. . Two (2) copies of Title 24 energy calculations. . Details for the proposed windows and doors. . Details of any utility vents or other equipments on the roof plans. . Elevations that include all proposed dimensions, materials, colors, finishes, and partial outlines of adjacent buildings on-site and off- site where applicable. . Details of project summary to include zoning description, legal description, code analysis, and zoning development standards. . Details of all proposed lighting fixtures and a photometric study showing the location and anticipated pattern of light distribution of all proposed fixtures. All new light fixtures shall be consistent with the architecture of the building. All exterior lighting shall be designed and arranged as not to direct light or glare onto adjacent properties, including the adjacent streets. Wall-mounted fixtures shall be directed at a gO-degree angle directly toward the ground. All lighting shall be developed to provide a minimum of one (1) foot-candle of light coverage, in accordance with the City's Security Ordinance. A note shall be provided on the plans that "All parking areas shall be illuminated with a minimum of one (1) foot-candle of light, and lighting shall not produce light, glare, or have a negative impact on adjacent properties. " Exhibit A Zoning Administrator Action 04-011 Page 3 . Details on the proposed driveway and decorative pavers to include the color and type of materials proposed. . A precise landscape and irrigation plan in accordance with the City's Landscape and Irrigation Guidelines. . A note shall be provided on the plans that no field changes shall be made without prior approval from the Building Official and architect of record. (4) 2.2 The width of the proposed drive apron along Yorba Street shall be reduced to the minimum of twenty-seven (27) feet to allow for additional landscape area along Yorba Street. (4) 2.3 Compact parking spaces shall be seven and half (7'12) feet by nineteen (19) feet with a two and half (2112) foot overhang onto landscape area. (3) 2.4 Openings in exterior walls are not permitted less than five (5) feet from property lines, 2001 California Building Code (Table 5A). (3) 2.5 A level floor or landing shall be provided at all doors. This area shall have a minimum length of 60 inches in the direction of the door swing and 48 inches in the opposite direction of the door swing. (3) 2.6 Exterior walls shall be one-hour fire resistive of construction where exterior walls are less than twenty (20) feet from property lines, 2001 California Building Code (Table 5-A). (4) 2.7 No roof-mounted equipment is permitted. All equipment shall be ground mounted and identified on the site plan. (1) 2.8 The plans submitted shall indicate that restrooms are accessible to persons with disabilities as per State of California Accessibility Standards (Title 24). Plumbing fixture units are required to comply with the 2001 California Plumbing Code Chapter four (4) Table 4-1, as per type of group occupancy, or as approved by the Building Official. (3) 2.9 Vehicle parking, primary entrance to site and the building, the primary paths of travel, cashier space, sanitary facilities, drinking fountain, and public telephones shall be accessible to persons with disabilities. (3) 2.10 Pursuant to the City of Tustin's Security Ordinance and the Uniform Fire Code, street numbers shall be displayed in a prominent location on the street side of the residence. The numerals shall be no less than six (6) inches in height and shall be of contrasting color to the background to which they are attached and illuminated during hours of darkness. Exhibit A Zoning Administrator Action 04-011 Page 4 (3) 2.11 No outdoor storage shall be permitted except as approved by the Community Development Director. (3) 2.12 An adequate trash enclosure with solid metal, self-closing, self latching gates shall be located on the property subject to requirements of Federal Disposal Service and the Community Development Department. Said enclosure shall be screened by a solid decorative wall consistent with the adjacent building's material and finish and be of a minimum height of six (6) feet. The actual location of the enclosure and types of screening and details of the enclosure shall be submitted at building plan check and are subject to approval by the Community Development Department. (3) 2.13 Four (4) sets of final grading plans consistent with the site and landscaping plans as prepared by a registered civil engineer shall be submitted and shall include the following: . Technical details and plans for all utility installations including telephone, gas, water, and electricity. . Three (3) copies of precise soil report provided by a civil engineer and less than one (1) year old. Expanded information regarding the levels of hydrocarbons and ground water contamination found on site shall be provided in the soil report. All pavement "R" values shall be in accordance with applicable City of Tustin standards. . All site drainage shall be handled on-site and shall not be permitted to drain onto adjacent properties. . Drainage, vegetation, circulation, street sections, curbs, gutters, sidewalks, and storm drains shall comply with the on-site Private Improvement Standards. (3) 2.14 A surety/cash bond will be required to assure work is completed in accordance with approved plans prior to permit issuance. The engineer's estimated cost of the grading, drainage, and erosion control shall be submitted to the Building Official for determination of the bond amount. (1) 2.15 Prior to issuance of any permits, the applicant shall submit for approval by the Community Development and Public Works Departments, a Water Quality Management Plan (WQMP) specifically identifying Best Management Practices (BMPs) that will be used on site to control predictable pollutant run-off. This WQMP shall identify the structural and non-structural measures specified detailing implementation of BMPs whenever they are applicable to the project, the assignment of long-term maintenance responsibilities (specifying the developer, parcel owner, maintenance association, lessee, etc.), and reference to the location(s) of structural BMPs. Exhibit A Zoning Administrator Action 04-011 Page 5 (1) 2.16 Prior to submittal of a Water Quality Management Plan (WQMP), the applicant shall submit a deposit of $2,700.00 for the estimated cost of review of the WQMP to the Building Division. The actual costs shall be deducted from the deposit, and the applicant shall be responsible for any additional review cost that exceeded the deposit prior to issuance of grading permits. Any unused portion of the deposit shall be refunded to the applicant. (1) 2.17 Prior to issuance of a certificate of use and occupancy, the property owner shall record CC&Rs or another legal instrument approved by the City Attorney that shall require the property owner, successors, tenants (if applicable), and assigns to operate and maintain in perpetuity the post- construction BMPs described in the WQMP for the project. (3) 2.18 The applicant shall comply with all City policies regarding short-term construction emissions, including periodic watering of the site and prohibiting grading during second stage smog alerts and when wind velocities exceed 15 miles per hour. (3) 2.19 A note shall be provided on final plans that a six (6) foot high chain link fence shall be installed around the site prior to building construction stages. A nylon fabric or mesh shall be attached to the temporary construction fencing. Gated entrances shall be permitted along the perimeter of the site for construction vehicles. USE RESTRICTIONS (1) 3.1 The professional consultant office configuration shall be consistent with submitted plans. Any change to the floor plan is subject to approval of the Community Development Director. (4) 3.2 If at any time in the future the City is advised that parking and/or traffic problems exist on the site or in the vicinity as a result of the professional consultant office use, the Director of Community Development may require the property owner and/or applicant to prepare a parking demand analysis and/or a traffic study. If said study indicates that there is inadequate parking or a traffic problem, the property owner and applicant shall be required to provide mitigation measures to be reviewed and approved by the Community Development Department. SIGNS (1) 4.1 A building and/or sign permit shall be obtained for installation of any monument and/or wall-mounted signs. Any monument sign shall be compatible with the architecture style of the building and consistent with the standards of the Professional Office District Sign Code requirements. Exhibit A Zoning Administrator Action 04-011 Page 6 PUBLIC WORKS DEPARTMENT (3) 5.1 Adequate horizontal and vertical intersection sight line shall be provided. In general a 25' by 25' limited use area triangle provides adequate sight at typical driveways. Additional sight evaluation, however, could be required to satisfy City of Tustin Standard Drawings and Design Standards for Public Works Construction No. 510 for all affected streets. The sight lines would be shown on the grading plan and landscape plan. If detailed analyses are requested, all landscaping within the limited use area would need to comply with City of Tustin Standard Drawings and Design Standards for Public Works Construction No. 510. (3) 5.2 Any damage done to existing street improvements and utilities shall be repaired before final inspection. (3) 5.3 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. (3) 5.4 The applicant shall satisfy dedication and/or reservation requirements as applicable, including but not limited to dedication of all required street and flood control right-of-way easements, vehicular access rights, sewer easements and water easements defined and approved as to specific locations by the City Engineer and other agencies. (3) 5.5 Current Federal Americans with Disabilities Act (ADA) requirements shall be met at the driveway and pedestrian walkway. (3) 5.6 In addition to the normal full size plan submittal process, all final development plans including, but not limited to: tract maps, parcel maps, right-of-way maps, records of survey, public works improvements, private infrastructure improvements, final grading plans, and site plans are also required shall be submitted to the Public Works DepartmenUEngineering Division in computer aided design and drafting (CADD) format. The standard file format is AutoCAD Release 2004 having the extension DWG. Likewise, layering and linetype conventions are AutoCAD-based (latest version available upon request from the Engineering Division). In order to interchangeably utilize the data contained in the infrastructure mapping system, CADD drawings shall be in AutoCAD "DWG" format (Le., produced using AutoCAD or AutoCAD compatible CADD software). The most current version of AutoCAD is Release 2004. Drawings created in AutoCAD Release 2000 are compatible and acceptable. The CADD files shall be submitted to the City at the time the plans are approved and updated CADD files reflecting "as built" conditions shall be submitted once all construction has been completed. The subdivision bonds will not be released until the "as built" CADD files have been submitted. Exhibit A Zoning Administrator Action 04-011 Page 7 (3) 5.7 This 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. (3) 5.8 Project Recycling Requirement - The City of Tustin is required to comply with the recycling requirements contained in the California Integrated Waste Management Act of 1989. To facilitate City compliance with this law, the Project Applicant is required to comply with Section 4327 of the Tustin City Code which details requirements for developing and implementing a Waste Management Plan. Commercial Recycling Requirement: a. The Applicant, Property Owner and/or tenant(s) are required to participate in the City's recycling program. b. Prior to issuance of a building permit, a solid waste recycling plan identifying planned source separate and recycling programs shall be submitted and approved by the City of Tustin Public Works Department. FEES (1) 6.1 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. Fire plan check fees to the Orange County Fire Authority based upon the most current schedule. c. Code Enforcement inspection fees in the amount of $100.00 to the Community Development Department. d. Major Thoroughfare and Bridge Fees to the Tustin Public Works Department based on current fee of $3.44 per square foot of building for non-residential building and credit from existing single family unit. The current fee due is $9,527.32. e. Orange County Sanitation District No. 7 Sewer Connection Fees based on current fee of $1,050/1,000 square foot of building (average demand) and credit from existing 3 bedroom single family unit. The current fee due is $945.65. f. Within forty-eight (48) hours of approval of the subject project, the Exhibit A Zoning Administrator Action 04-011 Page 8 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 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.