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HomeMy WebLinkAboutZA ACTION 05-004 ZONING ADMINISTRATOR ACTION 05-004 CONDITIONAL USE PERMIT 05-001 AND MINOR ADJUSTMENT 05-001 14071 SOUTH 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 a proper application for Conditional Use Permit (CUP 05-001) was filed by Ken Nappier, property owner, requesting authorization to convert an existing 173 square foot storage room to a guest bedroom and to add a 78 square foot bathroom to the guest bedroom behind the residence located at 14071 South C Street. B. That a proper application, Minor Adjustment 05-001, was filed by Ken Nappier requesting an adjustment of the rear yard setback by not more than 10 percent so that the bathroom addition proposed under CUP 05-001 will comply with Tustin City Code Section 9223A2.(e) which requires the property to maintain 1,000 square feet clear and unobstructed on the rear third of the lot. The rear third of the yard is proposed to maintain only 984 square feet clear and unobstructed. C. That 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, a detached garage, and storage building attached to the garage and the proposed conversion of a storage building to guest room and a bathroom addition meet the development standards of the Tustin City Code. The project is in conformance with the "High Density Residential" designation of the property by the General Plan Land Use Element which allows for development of single family dwellings. The project has been determined to be consistent with the Air Quality Sub- element of the City of Tustin General Plan in that the project has no "Daily Thresholds of Potential Significance for Air Quality" as indicated in Table 6-2 of the South Coast Air Quality Management District's CEQA Air Quality Handbook. D. That Zoning Administrator review of the proposal is authorized pursuant to TCC Section 9299b because the project is located within the South Central Redevelopment project Area, is a request for a guest house, and is a request for a minor adjustment involving a decrease of not more than ten percent of a required setback. The Zoning Administrator may approve, conditionally approve, or deny the subject application. E. That the establishment, maintenance, or operation of the project will not, under the circumstances of the use, be detrimental to the health, safety, morals, comfort, and general welfare of the persons residing or working in Zoning Administrator Action 05-004 Page 2 the neighborhood or injurious or detrimental to property and improvements in the neighborhood or the general welfare of the City. F. That pursuant to Section 9272(c) of the Tustin City Code, 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 based upon the following considerations: 1. Height, bulk, and area of buildings - The 10 foot seven inch building height for the bathroom addition is much less than the 20 foot maximum height that could be allowed under the TCC. The addition is proposed within the existing storage room and garage which is presently constructed within the maximum building height allowed by code; 2. Setbacks and site planning - All setbacks for the project comply with the Tustin City Code except for the requirement to maintain 1,000 square feet clear and unobstructed in the rear third of the yard. However, the applicant maintains 19.5 feet of unobstructed area between the dwelling and the garage/guest house and, with the Minor Adjustment, the use will meet the intent of the code by continuing to maintain adequate open space; 3. Exterior materials and colors - The addition will be constructed with wood siding to match the existing garage and storage building. The structure is proposed to be re-roofed with roof shingles compatible with the design of the existing residence; 4. Size and spacing of windows, doors, and other openings _ Windows and doors will be sized and spaced in a manner appropriate to the building design; 5. Towers, chimneys, roof structures, flag poles, radio and television antennae - No height projecting features are proposed for the project; 6. Physical relationship of proposed structures to existing structures in the neighborhood - The bathroom addition occurs in the rear yard behind the dwelling and will not be visible in relation to other structures in the neighborhood; 7. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares - The bathroom addition occurs in the rear yard behind the dwelling and will not be visible in Zoning Administrator Action 05-004 Page 3 relation to other existing or future structures in the neighborhood; and, 8. With the minor adjustment, the project complies with all development standards of the Tustin City Code, development guidelines, and criteria as adopted by the City Council. G. That in accordance with Section 9299c(3)(a) of the Tustin City Code, the Zoning Administrator finds and determines the following: 1. That granting of the minor adjustment is in conformance with the General Plan in that the minor adjustment will allow a bathroom for a guest house which is an accessory use for the single family dwelling and is a consistent use with the high density residential designation of the Land Use Element. Substantial private open space will remain on the property consistent with Land Use Element Policy 1.11 in that 19.5 feet of unobstructed area exists between the dwelling and subject accessory building/garage and 10.5 feet of yard exists behind the accessory building/garage. 2. That special circumstances are applicable to the subject property so that 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 the identical R-3 zone classification in that: a. The property is substandard with regard to size in that the minimum lot size required for a property with a single family dwelling is 7,200 square feet and the existing lot size is 5,061. As a result of the substandard lot size, without the adjustment, the applicant is unable to maintain the 1,000 square feet of unobstructed area on the rear third of the lot and would not be able to maintain a guest house by the same right that most properties improved with single family dwellings are entitled to with a conditional use permit. The lot was created as part of an early 1900s subdivision prior to incorporation of the City; therefore, the burden was not created by the applicant. b. The property is not in the City's Cultural Resource District nor is it identified as a structure of individual architectural or historical merit or as a structure that contributes to an architectural district. However, all dwellings in the South C Street neighborhood consist of California Bungalows built in the early 1900s and many of those structures retain their original character and architecture. Therefore, the structure and the neighborhood may be considered an architectural and historical resource which the City may wish to preserve in the event that Zoning Administrator Action 05-004 Page 4 the neighborhood and its structures become part of the Cultural Resource District or become part of Tustin Historical Resources Survey Report in the future. In order to preserve the neighborhood and prevent structures from being demolished and improved with new dwellings, the minor adjustment may encourage the preservation of the structure by allowing the same guest house privilege as other single family dwellings that are not architecturally or historically significant individually or as a contributing member to their neighborhood. 3. That the minor adjustment is subject to the conditions contained within Exhibit A attached hereto and will assure that the approval does not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and R-3 zoning district. H. That this project involves a minor addition of less than 50 percent of the existing floor area (bathroom addition) and the conversion of a storage room to a guest room and is Categorically Exempt pursuant to Sections 15301 (Class 1) and 15303 (Class 3) of Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). I. That pursuant to TCC Section 4902a(3), the project is exempt from the Water Quality Control requirements mandated by the state and adopted by the City of Tustin. J. That the Zoning Administrator reviewed the application on April 18, 2005. II. The Zoning Administrator hereby approves Conditional Use Permit 05-001 and Minor Adjustment 05-001 authorizing the conversion of an existing 173 square foot storage room to a guest bedroom and the addition of a 78 square foot bathroom to the guest bedroom behind the residence located at 14071 South C Street, Tustin. The approvals are 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 held on the 21 st day of April, 2005. E~ RECORDING SECRETARY 'f>~-.. ~'"'- Dana Ogdon ACTING ZONING ADMINISTRATOR Zoning Administrator Action 05-004 Page 5 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, FlOR WilLIAMS, 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. 05-004 was passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 21 st day of April, 2005. ~~ Eloise Harris RECORDING SECRETARY EXHIBIT A CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 05-001 AND MINOR ADJUSTMENT 05-001 (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped April 21, 2005, 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 are issued and construction is underway one year from the date of approval for Zoning Administrator Action 05-004. 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 Permit 05-001 and Minor Adjustment 05-001 is contingent upon the applicant and property owner signing and retuming 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) 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) (2) (3) (4) *** STANDARD CONDITION CEQA MITIGATION UNIFORM BUILDING CODE/S DESIGN REVIEW EXCEPTIONS (5) (6) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY Exhibit A Zoning Administrator Action 05-004 Page 2 PLAN SUBMITTAL (5) 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. (5) 2.2 Prior to building permit issuance, the plans must show that a one-hour fire-rated wall will separate the habitable space from the garage. (5) 2.3 Prior to final inspection, the floor of the guest room and bathroom must be sealed to prevent moisture. (5) 2.4 Prior to building permit issuance, the plans must show that the guest room is provided with electrical outlets at every 12 feet on center and 6 feet at each corner; that one switched light fixture or switch controlled lighting outlet will be installed, that the wall will be insulated, and that a room heating device is included with the project. (5) 2.5 Building plan check submittal shall include the following: · Four (4) sets of construction plans, including drawings for mechanical, plumbing, and electrical. · Title 24 energy calculations, two (2) copies. (""") 2.6 Prior to the issuance of any building permits for the property in association with CUP 05-001, the property owner shall first obtain and receive final inspection of a building permit for a recent re-roof that occurred without the benefit of an approved City building permit and either legalize or remove a porch roof expansion to the dwelling that does not comply with setback requirement of the Tustin City Code. USE RESTRICTIONS (") 3.1 Use of anyon-site accessory building as a second unit or boarding house is not permitted without prior approval of the City. Prior to the issuance of building permits, the property owner will need to 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 used or leased Exhibit A Zoning Administrator Action 05-004 Page 3 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. (1) 3.2 No outdoor storage is permitted during construction except as approved by the Tustin Community Development Director. PUBLIC WORKS DEPARTMENT (5) 4.1 Any damage done to existing street improvements and utilities shall be repaired before final inspection. (5) 4.2 {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. FEES (1) 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. At the time of building permit issuance, the applicant must provide Payment of the Orange County Sanitation District No. 7 Sewer Connection Fees in the amount of $920.00 to the Tustin Public Works Department. c. 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. d. 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 California Environmental Quality Act could be significantly lengthened.