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HomeMy WebLinkAboutZA 00-015/AMEND CUP 99-016 2 3 ZONING ADMINISTRATOR ACTION 00-015 AMENDMENT TO CONDITIONAL USE PERMIT 99-016 4 I. The Zoning Administrator of the City of Tustin does hereby resolve as follows: The Zoning Administratorfinds and determines as follows: 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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 2 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. 3 4 5 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. 6 7 8 9 E. II II. 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. 10 12 13 PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a meeting held on the 4th day of December 2000. 14 15 ~~.~~~ Zoning Administrator ::L~ 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. 24 ~ C/J' . 25~ Eloise Harris Recording Secretary 26 27 28 29 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) *** SOURCE CODES STANDARD CONDITION CEQA MITIGATION UNIFORM BUILDING CODEtS DESIGN REVIEW EXCEPTIONS (5) (6) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY