HomeMy WebLinkAboutCUP 04-022; DR 04-020
DATE:
MAY 9, 2005
:it
I "Ie r- Com "'oS'I: '"
ZONING ADMINISTRATOR
TO:
FROM:
COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: CONDITIONAL USE PERMIT 04-022 AND DESIGN REVIEW 04-020
PROPERTY
OWNER!
APPLICANT:
LOCATION:
ZONING:
MICHELE C. YOUNG
200 S. A STREET
TUSTIN, CA 92780
200 S. A STREET
SINGLE-FAMILY RESIDENTIAL (R-1) ZONING DISTRICT;
CULTURAL RESOURCES OVERLAY DISTRICT
ENVIRONMENTAL
STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT PURSUANT TO
SECTION 15303, CLASS 3 OF TITLE 14, CHAPTER 3 OF THE
CALIFORNIA CODE OF REGULATIONS (GUIDELINES FOR THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT)
AUTHORIZATION TO CONSTRUCT A 1,328 SQUARE FOOT
DETACHED ACCESSORY STRUCTURE WITH A TWO (2) CAR
GARAGE AND SECOND STORY GUEST ROOM.
REQUEST:
RECOMMENDATION
That the Zoning Administrator approve Conditional Use Permit 04-022 and Design Review
04-020 by adopting Zoning Administrator Action 05-007.
BACKGROUND/DISCUSSION
The applicant is requesting approval of a Conditional Use Permit (CUP) and Design
Review (DR) application to construct a 1,328 square foot accessory building with a 764
square foot two-car garage, and a 564 square foot second story including a game room,
two (2) walk-in closets, and a bathroom.
Site and Surroundina Properties
The project site is located at 200 S. A Street and is surrounded by other single-family
residences (Attachment A - Location Map). The property is zoned Single-Family
Zoning Administrator Report
CUP 04-022 & DR 04-020
May 9, 2005
Page 2
Residential (R-1) in which accessory buildings used as guest rooms, when no cooking
facilities are maintained, are permitted with the approval of a Conditional Use Permit
(CUP). Design Review is required for construction of new structures, which includes
review of the site plan and elevations. The Community Development Director has
deferred consideration of the Design Review to the Zoning Administrator for concurrent
review with the CUP application. In addition, the property is located within the Cultural
Resources Overlay District, and is listed as an "A"-rated structure in the City of Tustin
Historical Resources Survey Report with few alterations. Since the property is located
within the Cultural Resources Overlay District, approval of a Certificate of
Appropriateness is required. The Community Development Director would issue the
Certificate of Appropriateness prior to building permit issuance if the project is approved.
To accommodate the proposed project, the applicant will process a Parcel Merger
application to combine Lots 5 and 6 per Condition 1.8 since an accessory structure
cannot be constructed on a separate lot independent of a single family home in the
Single Family Residential District (R-1) zone pursuant to Tustin City Code (TCC)
Section 9223. In order for the project to be conforming to the underlying zoning, both
lots will need to be combined by way of a Parcel Merger so that the property is
considered as one lot, thereby making the proposed structure accessory to the existing
home and conforming to the zoning.
Proiect Description
The massing, size, and scale of the new structure will ensure that it appears to be
accessory to the main residence (Attachment B - Submitted Plans). The two-story
building will be set behind the main structure at a height of twenty (20) feet, which is ten
(10) feet lower than the main structure. The building will have a five (5) foot side yard
setback from the south property line as required, a sixty-seven (67) foot front yard setback
where fifty (50) feet is required, and an approximately forty-three (43) foot rear yard
setback where five (5) feet is required. The building will also be twenty-four (24) feet from
the main residence where a minimum of ten (10) feet is required.
Pursuant to the Single-Family Residential (R-1) development standards, a total of two (2)
garage spaces are required for a single-family residence with an accessory building used
as guestrooms without cooking facilities. The first floor will have two (2) parking spaces,
ten (10) by twenty (20) feet each, as designed and required to be maintained by Condition
4.1. A third "space" will be located at the side of the east parking space; however, since it
will not comply with the minimum size requirements, it will not contribute to the overall
parking requirements.
The second floor area is accessed at the north side of the building via an internal staircase
that opens into the game room. Condition 4.2 is included to restrict the property owner
from leasing or renting the accessory guest rooms as a separate unit without prior
approval of the Community Development Department. If cooking facilities were added
inside the structure, per the R-1 standards and Condition 4.2, the property owner would be
required to comply with Tustin City Code Section 9223a(7) for a second single-family
structure, including providing two (2) additional garage spaces.
Zoning Administrator Report
CUP 04-022 & DR 04-020
May 9. 2005
Page 3
The proposed accessory building will be constructed to complement the Colonial Revival
style architecture of the existing residence with matching materials and colors, roof pitch,
wood siding, and gabled dormers on the second floor with slant-cut wooden shingles
and multi-paned windows as required by Condition 2.12.
ANALYSIS
In determining whether to approve the project, the Zoning Administrator must: 1) make
findings for the conditional use permit, including determining whether or not the proposed
use will be detrimental to the health, safety, morals, comfort, and general welfare of the
community; and, 2) make design review findings including determining whether or not the
location, size, architectural features, and general appearance of the project will impair
the orderly and harmonious development of the area.
A decision to approve this request may be supported by the following findings:
1) The use and design of the proposed accessory structure, as conditioned, would
not be detrimental to surrounding properties in that the proposed structure will
comply with all applicable development standards of the R-1 zoning district.
2) The use, as conditioned, would not be detrimental to surrounding residents or
properties since the use would be limited to a garage, laundry room, and guest
rooms which are accessory to a single-family residence and will be used by the
residents in conjunction with the main residence. The property owner would not
be able to lease or rent the accessory guest rooms without first complying with
Tustin City Code Section 9223a(7) for a second single-family structure, including
providing two (2) additional garage spaces.
3) The design of the accessory building ensures that it will be accessory to the main
residence by appearing to be a garage structure. The first floor would be set
behind the house and the overall height would be ten (10) feet lower than the
house. The placement of the building is consistent with the predominant land use
pattern in the area of single-family residences with detached garages. In addition,
the design of the accessory building will be consistent with the features of the
Colonial style architecture of the existing main residence by matching the
materials and colors, roof pitch, wood siding, and gabled dormers on the second
floor with slant-cut wooden shingles and multi-paned windows.
#(AJ6I//d-
Matt West
Associate Planner
Attachments:
A.
B.
C.
Location Map
Submitted Plans
Zoning Administrator Action 05-007
S:\Cdd\MATT\CUP\CUP 04.022 (200 S, A Streel)\CUP 04-022 ZA Report.doc
ATTACHMENT A
Location Map
LOCATION MAP
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ADDRESS
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~ (~ ~ accessory building with a 764
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" ~ ~ foot second story including a
"''> ~ room, two (2) walk.in closets,
~ bathroom.
,
J~ Property Owner/Applicant:
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11 " .{/ Michele C. Young
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ATTACHMENT C
Zoning Administrator Action 05-007
ZONING ADMINISTRATOR ACTION 05-007
CONDITIONAL USE PERMIT 04-022 AND DESIGN REVIEW 04-020
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 Conditional Use Permit 04-022 and
Design Review 04-020 was filed by Michele C. Young to construct a
1,328 square foot accessory building with a 764 square foot two-car
garage, and a 564 square foot second story including a game
room, two (2) walk-in closets, and a bathroom at 200 S. A Street.
B. The proposed project is consistent with the policies of the General
Plan land use designation "Low Density Residential" which provides
for the development of single-family residences and accessory
structures. 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. In addition, the property is zoned Single-Family Residential
(R-1) in which accessory buildings used as guest rooms, when no
cooking facilities are maintained, are permitted with the approval of a
Conditional Use Permit. Design Review is required for construction
of new structures, which includes review of the site plan and
elevations. The Community Development Director has deferred
consideration of the Design Review application to the Zoning
Administrator for concurrent review with the Conditional Use Permit
application.
C. That a public hearing was duly called, noticed, and held on said
application on May 9, 2005, by the Zoning Administrator.
D. That establishment, maintenance, and operation of the use 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, as evidenced by the following findings:
1) The use and design of the proposed accessory structure, as
conditioned, would not be detrimental to surrounding
properties in that the proposed structure will comply with all
applicable development standards of the R-1 zoning district;
and,
2) The use, as conditioned, would not be detrimental to
surrounding residents or properties since the use would be
limited to a garage, laundry room, and guest rooms which
are accessory to a single-family residence and will be used
by the residents in conjunction with the main residence.
The property owner would not be able to lease or rent the
accessory guest rooms without first complying with Tustin
Zoning Administrator Action 05-007
May 9, 2005
Page 2
City Code Section 9223a(7) for a second single-family
structure, including providing two (2) additional garage spaces.
E. That pursuant to Section 9272(c) of the Tustin City Code, the
Zoning Administrator finds that, as conditioned, the location, size,
architectural features, and general appearance of the proposed
structure will not impair the orderly and harmonious development of
the area, the present or future development therein, or the
occupancy as a whole in that the design of the accessory building
ensures that it will be accessory to the main residence by
appearing to be a garage structure. The first floor would be set
seven (7) feet behind the house, the second story set back an
additional twelve (12) feet, and the overall height would be six (6)
feet lower than the house. The placement of the building is
consistent with the predominant land use pattern in the area of
single-family residences with detached garages. In addition, the
design of the accessory building will be consistent with the features
of the Colonial Revival style architecture of the existing main
residence by matching the materials and colors, roof pitch, wood
siding, and gabled dormers on the second floor with slant-cut
wooden shingles and multi-paned windows. 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. 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, flagpoles, radio and
television antennae;
7. Location, height, and standards of exterior illumination;
8. Landscaping, parking area design, and traffic circulation;
9. Location and appearance of equipment located outside an
enclosed structure;
10. Location and method of refuse storage;
11. Physical relationship of proposed structures to existing
structures in the neighborhood;
12. Appearance and design relationship of proposed structures to
existing structures and possible future structures in the
neighborhood and public thoroughfares;
13. Proposed signage; and,
14. Development guidelines and criteria as adopted by the City
Council.
Zoning Administrator Action 05-007
May 9, 2005
Page 3
F. This project is Categorically Exempt pursuant to Section 15303,
Class 3, Title 14, Chapter 3, of the California Code of Regulations
(Guidelines for the California Environmental Quality Act).
II. The Zoning Administrator hereby approves Conditional Use Permit 04-022
and Design Review 04-020 authorizing the construct a 1,328 square foot
accessory building with a 764 square foot two-car garage, and a 564
square foot second story including a game room, two (2) walk-in closets,
and a bathroom at 200 S. A Street, subject to conditions contained in
Exhibit A and the Certificate of Appropriateness in Exhibit B attached hereto.
PASSED AND ADOPTED at a regular meeting of the Tustin Zoning Administrator
held on the 9th day of May, 2005.
DANA OGDON
ACTING ZONING ADMINISTRATOR
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. 05-007 passed and adopted at a regular meeting of the Tustin Zoning Administrator,
held on the 9th day of May, 2005.
ELOISE HARRIS
Recording Secretary
EXHIBIT A
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT 04-022 AND DESIGN REVIEW 04-020
MAY 9, 2005
GENERAL
(1) 1.1 The proposed project shall substantially confonn with the submitted plans for
the project date stamped May 9, 2005, on file with the Community
Development Department, except as herein modified, or as modified by the
Director of Community Development in accordance with this Exhibit. The
Director of Community Development may also approve minor modifications
to plans during plan check if such modifications are to be consistent with the
provisions of the Tustin City Code and other applicable codes.
(1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be
complied with as specified or prior to the issuance of any grading or building
pennits 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 pennits for
the proposed project are issued and substantial construction is underway
within twelve (12) months of the date of this Exhibit. 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 Conditional Use Pennit 04-022 and Design Review 04-020 is
contingent upon the applicant retuming to the Community Development
Department a notarized "Agreement to Conditions Imposed" fonn and the
property owner signing and recording with the County Clerk-Recorder a
notarized "Notice of Discretionary Pennit Approval and Conditions of
Approval" fonn. The fonns shall be established by the Director of
Community Development, and evidence of recordation shall be provided to
the Community Development Department.
(1)
1.5 As a condition of approval of Conditional Use Pennit 04-022 and Design
Review 04-020, the applicant shall agree, at its sole cost and expense, to
defend, indemnify, and hold hannless 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 Zoning Administrator, 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.
SOURCE CODES
(1) STANDARD CONDITION
(2) CEQA MITIGATION
(3) UNIFORM BUILDING CODElS (7)
(4) DESIGN REVIEW
(5)
(6)
RESPONSIBLE AGENCY REQUIREMENT
LANDSCAPING GUIDELINES
PC/CC POLICY
EXCEPTION
...
Zoning Administrator Action 05-007
May 9, 2005
Page 2
(1) 1.6 Any violation of any of the conditions imposed is subject to the payment of a
civil penalty of $100.00 for each violation, or such other amounts as the City
Council may establish by ordinance or resolution, and for each day the
violation exists, subject to the applicable notice, hearing, and appeal process
as established by the City Council by ordinance.
(1) 1.7 The applicant shall be responsible for costs associated with any necessary
code enforcement action, including attorneys fees, subject to the applicable
notice, hearing, and appeal process as established by the City Council by
ordinance.
(*) 1.8 Prior to issuance of any permit, a Parcel Merger shall be processed and
approved in accordance with the City of Tustin Subdivision Ordinance to
combine Lots 5 and 6 of Mrs. DA Lewis' addition to Tustin, as shown on a
Map, recorded in Book 4, Pages 218 and 219 of Miscellaneous Records of
Los Angeles, California. Pursuant to TCC Section 9223a, an accessory
use cannot be constructed on a separate subdivided lot independent of a
single family home in the Single Family Residential District (R-1) zone.
Without merging Lots 5 and 6, the garage and guestroom would be
constructed on Lot 5, which is legally a separate lot from Lot 6.
BUILDING DIVISION
(C) 2.1 At the time of building permit application, the plans shall comply with the
most recently adopted codes. The City is currently using the 2001 California
Building Code (CBC), 2001 California Mechanical Code (CMC), 2001
California Plumbing Code (CPC), 2001 California Electrical Code (CEC),
California Title 24 Accessibility Regulations, City Ordinances, and State and
Federal laws and regulations.
(C) 2.2 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 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.
(C) 2.3 Water heaters shall not be installed in a closet or other confined space .
opening into a bedroom.
Zoning Administrator Action 05-007
May 9, 2005
Page 3
(C) 2.4 Escape and rescue windows shall be provided in all sleeping rooms per the
2001 California Building Code (Section 310.4).
(C) 2.5 Dwelling units shall be provided with heating facilities capable of maintaining
a temperature of 70 degrees at a point three (3) feet above the floor in all
habitable rooms per the 2001 Califomia Building Code (Section 310.11).
(C) 2.6 All new glass doors and windows, in or adjacent to doors, shall be tempered
per 2001 Califomia Building Code Section 2406.4.
(C) 2.7 Drainage, vegetation, driveway, curbs, gutters, and sidewalks shall comply
with the on-site private improvement standards pursuant to the
Construction Standards for Private Streets, Storm Drain and On-Site
Private Improvements.
(C) 2.8 No outdoor storage shall be permitted except as approved by the Tustin
Community Development Director.
(C) 2.9 Architectural treatments, exterior colors and finishes of the proposed
addition including exterior stucco and siding, doors/windows, and wood trim
shall match the existing house, including the wood siding, roof pitch,
orientation and material, and the window shape and style. Specifications at
building plan check submittal shall reflect material and color call-outs on all
elevations with applicable details and notes added. The accessory structure
shall maintain the same color scheme as the main residence unless
otherwise approved by the Community Development Director.
ENGINEERING
(C) 3.1 Any damage done to existing street improvements and utilities shall be
repaired before issuance of the Certificate of Occupancy.
(C) 3.2 Prior to any work in the public right-of-way, an Encroachment Permit shall be
obtained from, and applicable fees paid to, the Public Works Department.
USE RESTRICTIONS
***
4.1 Pursuant to Tustin City Code Section 9297, the minimum interior garage
space dimensions shall be not less than ten (10) feet in width by twenty (20)
feet in depth, clear and unobstructed for each space. All garage spaces on
the site shall be used for the parking of vehicles owned, operated, or
maintained by residents of the property.
***
4.2 Existing at the subject property is a single-family residence. This
residence is within the Single-Family Residential (R-1) zoning district
where single-family residences are permitted. Use of any portions of the
accessory building with guest rooms as a second unit or boarding house is
Zoning Administrator Action 05-007
May 9, 2005
Page 4
~-...
not permitted without prior approval of the City. Prior to the issuance of
building permits, the property owner shall execute and record a deed
restriction in a form acceptable to the Community Development Department
and City Attomey to ensure that no parts of the residence are used or leased
as a second unit. This deed restriction will need to 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.
FEES
(C) 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. Payment of the Orange County Sanitation District No. 7 Sewer
Connection Fees will be required at the time a building permit is issued.
With credit for the existing four (4) bedroom single family unit, the current
fee due is $580.00.
c. Payment of the Major Thoroughfare and Bridge Fees to the Tustin Public
Works Department is required at the time a building permit is issued.
The current fee is $1,731.00 for the new residential structure, as
applicable.
d. . School facilities fee of $2.14 per square foot or based upon the most
current schedule unless determined to be exempt by the Tustin Unified
School District.
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
Development Department the above-noted check, the statute of
limitations for any interested party to challenge the environmental
determination under the provisions of the Califomia Environmental
Quality Act could be significantly lengthened.
~
MAY 9, 2005
CERTIFICATE OF APPROPRIATENESS
200 S. A STREET
CONSTRUCTION OF AN ACCESSORY BUlLDING USED AS A GARAGE AND GUEST ROOM ON
A PROPERTY WITH AN "A"-RATED RESIDENTIAL STRUCTURE
In accordance with Ordinance No. 1001 which was adopted June 20, 1988, by the Tustin City Council, the Community
Development Director has the authority to approve, approve with conditions, or deny Certificates of Appropriateness for
improvements requiring a City building permit for property located within a Cultural Resource District. The proposed
project includes construction a 1,328 sq-uare foot accessory building with a 764 square foot two-car garage, and
a 564 square foot second story including a game room, two (2) walk-in closets, and a bathroom. The structure
is an "A"-rated" Colonial Revival structure per the Tustin Historical Resources Survey.
The Planning Commission finds and determines as follows:
A. The proposed work will conform to the Municipal Code and TCC Section 8103(m) in that the proposed work
will require issuance of a building permit and site inspections.
The proposed work will not adversely affect the character of the District or Designated Cultural Resources within
the District in that the proposed accessory structure is designed to match the existing Colonial Revival residential
structure in style, material, color and design. The new garage structure will be situated behind the existing
residence, which is typical of the traditional land use pattern associated with single-family residential
development in the area.
C. The proposed work is harmonious with existing surroundings in that the new two-car garage structure meets the
Tustin City Code requirements for accessory structures and is designed to complement the Colonial Revival style
architecture of the existing structure by matching the wood siding, roof pitch, orientation, and material, and
gabled dormers on the second floor with slant-cut wooden shingles and multi-paned windows. The massing,
size, and scale of the new structure will be accessory to the main residence since the first floor will be set behind
the house; the accessory building height will also be ten (10) feet lower than the house. As such, the project
will be compatible with surrounding developments.
The proposed work is hereby approved, subject to the following conditions:
I. Prior to the start of any work, the applicant shall obtain a building permit and pay all applicable plan check and
permit fees.
2. Any replacement or repair of any existing features shall match the existing materials, finish and colors of the
existing structure.
3. All work shall comply the conditions of approval for Conditional Use Permit 04-022 and Design Review 04-020
(Zoning Administrator Action 05-007).
":lizabeth Binsack
Director of Community Development
S:\Cdd\MAmCertificate of Appropriateness\200 S. A Street.doc