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HomeMy WebLinkAbout03 CUP 08-0115/DR 08-008/VAR 08-001Report to the Planning Commission DATE: DECEMBER 9, 2008 TUST1 N SUBJECT: CONDITIONAL USE PERMIT 08-015, DESIGN REVIEW 08-008 (CONTINUED ITEMS), AND VARIANCE 08-001 (NEW ITEM) APPLICANT/ MICHAEL J. FERGUSON PROPERTY 445 W. SECOND STREET OWNER: TUSTIN, CA 92780 LOCATION: 445 WEST SECOND STREET TUSTIN, CA 92780 ZONING: SINGLE FAMILY RESIDENTIAL (R-1), CULTURAL RESOURCES OVERLAY DISTRICT (CR) GENERAL PLAN: LOW DENSITY RESIDENTIAL ENVIRONMENTAL THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 3) STATUS: PURSUANT TO SECTION 15303 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT REQUEST: AUTHORIZATION FOR A NEW TWO-STORY DETACHED ACCESSORY BUILDING TO BE USED AS A GUEST ROOM AND GARAGE AND GRANTING OF A VARIANCE TO EXCEED THE MAXIMUM PERMITTED HEIGHT OF AN ACCESSORY BUILDING Planning Commission Report December 9, 2008 CUP 08-015, DR 08-008 and VAR 08-001 Page 2 That the Planning Commission adopt Resolution No. 4105, approving Conditional Use Permit (CUP) 08-015 and Design Review (DR) 08-008 authorizing the construction of an accessory building to be used as a guest room and new two -car garage located at 445 W. Second Street subject to specific design changes to be reviewed and approved by the Community Development Department, and denying Variance 08-001 to exceed the maximum permitted height of 20 feet for an accessory building. BACKGROUND On November 12, 2008, the Planning Commission considered CUP 08-015 and DR 08- 008. Due to design concerns identified in the November 12, 2008, Report to the Planning Commission and discussed by the members of the public and the Planning Commission at the hearing, the project was continued. The Planning Commission directed staff to address the design issues, as well as to explore a potential variance for the height of the proposed structure. The specific design considerations identified by the Commission include: massing of the structure, roof design and pitch, enclosure of the exterior staircase, and further architectural articulation on the fagade. This staff report addresses the modifications to the design, the new application for a variance, and supplements the staff report dated November 12, 2008 (Attachment A). Modified Project Proposal The proposed structure is a two-story, 1,904 square foot detached garage and guest room. A 952 square foot two -car garage is proposed at the ground floor and the proposed guest room will occupy the 952 square feet of living space at the second story (Attachment C — Submitted Plans). The proposed structure would be situated to the rear of the property 91.5 feet from the front property line and set back eleven feet six inches (11'-6") behind the existing house. An existing block wall, in line with the front of the main structure, and mature landscaping in the front yard will screen most of the structure from the street. However, the structure will be visible to the surrounding properties. In response to Planning Commission comments provided at the November 12, 2008, hearing, the applicant has modified the project to include the following design changes: 1) Addition of fishscale shingles at the gables 2) Enclosure of the exterior staircase with siding 3) Redesign of the roof to a 5.75:12 pitch and total 23'-9" height (Necessitates the submittal of a Variance application) 4) Relocation of the pedestrian door at the ground floor and redesign of the second story windows. Planning Commission Report December 9, 2008 CUP 08-015, DR 08-008 and VAR 08-001 Page 3 Applicable Code Sections • Conditional Use Permit: Pursuant to Section 9223b2 of the Tustin City Code (TCC), accessory buildings used as guest rooms where no cooking facility is installed or maintained are permitted in the R-1 zoning district subject to the approval of a conditional use permit. Accessory buildings by definition in the Tustin City Code are to be subordinate, the use of which are incidental to the main building on the same lot and/or building site. In determining whether to approve the Conditional Use Permit, the Planning Commission must determine whether or not the establishment, maintenance, or operation of the use applied for will, under the circumstances of the particular case, be detrimental to the health, safety, morals, comfort, and general welfare of the persons residing in or working in the neighborhood or whether it will be injurious or detrimental to property or improvements in the vicinity or to the welfare of the City. • Design Review: Pursuant to TCC Section 9272, Design Review is required for new structures and the submitted plans shall be approved if the location, size, architectural features, and general appearance of the proposed development will not impair the orderly and harmonious development of the area, the present or future development therein, the occupancy thereof, or the community as a whole. In making such findings, the Planning Commission shall consider 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. Physical relationship of proposed structures to existing 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. 8. Development Guidelines and criteria as adopted by the City Council. • Certificate of Appropriateness: Pursuant to TCC 9252fl (a), a certificate of appropriateness is required for construction of improvements within a Cultural Resource District requiring a building permit. The following findings are required for issuance of a Certificate of Appropriateness for construction of improvements within the Cultural Resources District: 1. The proposed work conforms to the Municipal Code and established design standards. Planning Commission Report December 9, 2008 CUP 08-015, DR 08-008 and VAR 08-001 Page 4 2. The proposed work does not adversely affect the character of the district or Designated Cultural Resources within the district. 3. The proposed work will be harmonious with the existing surroundings in terms of appropriateness of materials, scale, size, height, placement and use of a new building in relationship to existing buildings and the surrounding setting. • Variance: TCC Section 9292a (Basis for Granting Variances) specifies that applications for variahces from the strict application of the terms of the Zoning Code may be made and granted when the following circumstances are found to apply: 1. That any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and district in which the subject property is situated. 2. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the Zoning Ordinance is found to deprive subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. DISCUSSION/ANALYSIS Conditional Use Permit TCC Section 9297 defines "guesthouse" as "detached living quarters of a permanent type of construction and without kitchens or cooking facilities and where no compensation in any form is received or paid." TCC Section 9223b.2. allows accessory buildings used as guest rooms to be constructed within the Single Family Residential zoning district subject to use permit. Accessory buildings by definition in the Tustin City Code are to be subordinate, the use of which are incidental to the main building on the same lot and/or building site and are not intended to be independent dwelling units, as is evidenced in the limitation on cooking facilities and compensation received. The modified design and addition of the variance application does not change the proposed use of the guest room, thus staff is continuing to recommend the approval of the CUP 08-015 in conjunction with Design Review 08-008, with conditions. Design Review The Planning Commission considered and continued the item from the November 12, 2008, public hearing due to concerns raised by members of the public and the Planning Commission related to the design of the proposed accessory building. The particular design issues identified include: • The massing of the structure, which the Commission felt was too box -like and insensitive to the historic context; Planning Commission Report December 9, 2008 CUP 08-015, DR 08-008 and VAR 08-001 Page 5 • The relatively flat roof design and pitch, which was inconsistent with the steeply pitched, dynamic roofline of the existing main house; • The exterior staircase, which was exposed and not well integrated into the design of the structure; and • Architectural articulation, which lacked sufficient detail. The modified plans (Attachment C) feature: • A two-story structure as was previously proposed. • The exterior staircase has been enclosed with a wall clad in siding to match the rest of the structure. The footprint remains unchanged. • The roof pitch, which was previously 4:12 and 1:12, has been changed to a 5.75:12 pitch, raising the total proposed height to 23'-9". • Fishscale shingles have been added to the gables. • Pedestrian door at ground floor has been relocated and windows have been added to the north elevation and modified on the east elevation. Size and Massing Neither the size nor the massing of the structure have changed except for the enclosure of the staircase. Following the Planning Commission hearing, Community Development Department staff met with the applicant to discuss the modified drawings before the resubmittal of the application. Upon review of the modified plans, some positive design changes have been made; however, concerns related to the size and massing and compatibility of the proposed structure to the existing home still remain. The conditional use permit application is for a new accessory building to be used as a guest room. A guest room is intended to function as an ancillary room --- part and parcel with the main residence. The subject property is not eligible for a second residential unit because it does not meet the minimum 12,000 square foot lot size requirement [TCC 9223a7(b)]. Additionally, if the lot size were sufficient to accommodate a second unit, an assigned two -car garage would be required in addition to the required two -car garage for the primary dwelling [TCC 9223a7Q)]. As proposed, the 1,904 square foot structure could accommodate a standard two -car garage (400 square feet) and almost eight (8) rooms assuming average room dimensions of 14' x 14', which are larger than most guest bedrooms. While the TCC does not specify a maximum square footage for an accessory building, the size of the proposed structure is excessive for the intended uses (garage and ancillary guest room). The proposed accessory building is so large in size that at 1,904 square feet it exceeds the 1,614 square foot main house in floor area by nearly 300 square feet. A reduction in the size of the building could also solve other design issues such as reducing the massing, lessening the boxiness, allowing the exterior staircase to be not only enclosed but incorporated better into the overall design, redesigning the roof to be more consistent with the main house, and eliminating the need for the requested Variance. Planning Commission Report December 9, 2008 CUP 08-015, DR 08-008 and VAR 08-001 Page 6 The following renderings provide a comparison of the originally proposed design (20' total height) and the new design revised after the Planning Commission hearing (23'-9" total height). i': Gam^ 0.%.TiON A." LE\Y'frTl Original Proposed Elevations 1 i112108 gyp. New windows ?? II VA'kw New Proposed Elevations 12/9/08 Fishscale shingles Enclosed staircase Relocated door Staff has offered suggestions to the applicant to solve the identified design issues without raising the roofline, such as incorporating both the garage and guest room within the proposed 952 square foot ground floor and second story, or reducing the size of the building to accommodate a roof redesign. However, the applicant was unwilling to entertain staffs recommendations, indicating that the proposal was acceptable as large as proposed because it was meeting the zoning code requirements for an NG/.M C:F/ATIOI.1 GVT� F'-C-JATIOIJ +p l� {' L T Mr Newached roof 5.75'12 M rs�cm^ i L. +I u New Proposed Elevations 12/9/08 Fishscale shingles Enclosed staircase Relocated door Staff has offered suggestions to the applicant to solve the identified design issues without raising the roofline, such as incorporating both the garage and guest room within the proposed 952 square foot ground floor and second story, or reducing the size of the building to accommodate a roof redesign. However, the applicant was unwilling to entertain staffs recommendations, indicating that the proposal was acceptable as large as proposed because it was meeting the zoning code requirements for an Planning Commission Report December 9, 2008 CUP 08-015, DR 08-008 and VAR 08-001 Page 7 accessory building's size. The project, as proposed, does meet the zoning code requirements for lot coverage and setbacks. The proposal does not, however, meet the zoning code in terms of height; therefore, the applicant has applied for a variance. Exterior Staircase In the revised proposal, the exterior staircase has been enclosed by a wall clad in siding to match the exterior of the accessory building. The stair enclosure appears to be a tack -on applied to the structure, as opposed to being integrated as part of the structure's overall design. Proposed Condition 3.2 of revised Resolution No. 4105 specifies that the staircase be integrated into the comprehensive design of the overall structure. Articulation In response to the Commission's comments at the November 12, 2008, hearing, the applicant has included the addition of fishscale shingles at the gables. The proposed fishscale shingles do appear to be consistent with the architecture of the main house. To ensure that all the major design elements match the main house, proposed Conditions 3.2 and 3.3 ensure that the final design incorporates fagade articulation such as fishscale shingles, window frames, eave brackets, etc., and that the details of such elements be provided on the construction plans. Roof Design and Pitch Eliminating the flat roof does reduce the compressed appearance of the building but does not change the fundamental box form. The proposed 5.75:12 pitch does not create a full gabled roof and falls short of matching the existing roofline of the main house, which is estimated to have an 8:12 pitch. The photograph of the existing main house (see photo on next page) shows the steeply pitched, dynamic, gabled roof that the proposed accessory building should be compatible with. The proposed roof design creates a partial ridge and gables visible on the east and west elevations, but it presents an awkward silhouette at the north and south elevations. The applicant has indicated that he has chosen to stay under 24' for the total height since that height had been discussed by the Planning Commission at the November 12, 2008, hearing and the applicant did not wish to go the full 27' that would be required to create a full 8:12 pitched roof. The quality and adequate design could still be achieved without raising the roofline above the height limit, which may include reducing the building size, or altering its dimensions and incorporating a twin gable design or dormer windows (as opposed to decorative window hoods which are currently proposed) to create a more spacious second floor. To ensure the compatibility of the final design, proposed Condition 3.2 of revised Resolution No. 4105 specifies that the applicant shall provide additional design changes to include: • Reducing the overall height to 20'; • Reducing the massing of overall structure; Planning Commission Report December 9, 2008 CUP 08-015, DR 08-008 and VAR 08-001 Page 8 • Integrating the staircase into a more comprehensive design of structure; • Matching roof pitch with the existing main house; • Including articulation such as fishscale shingles, window frames, eave brackets, etc. Variance Dynamic, cross gabled roof design g Main House At the November 12, 2008 Planning Commission meeting, various Commissioners suggested that perhaps allowing a greater height would solve some of the design issues in terms of massing and roof design. Therefore, the Commission directed staff to explore the feasibility of a variance for the height of the proposed structure. The City's application form requires the applicant for a variance to provide evidence in support of the necessary findings (see Attachment B). The applicant states that the special circumstance applicable to the property is that it is improved with a Queen Anne Victorian home built circa 1885 [sic]. The architecture of the home features steeply - pitched cross gable roof lines, fish scale dormers, and louvered vents with a two story height of 28 feet. As to whether the granting of the variance would constitute a special privilege, the applicant states that the granting of the variance is for the articulation of the proposed project and that the site is bordered by a large two-story condominium project to the north, a two-story home to the east, and a large home with a large garage to the west. The applicant indicated that enclosing the stairs and raising the roofline will give articulation to the structure and should strike a balance between the 28' tall main home and the 35' tall condominiums to the rear. In conformance with California Government Code Section 65906 and as adopted in Tustin City Code Section 9292, variances from the strict application of the Tustin Zoning Code may only be granted when the following circumstances are found to apply: Planning Commission Report December 9, 2008 CUP 08-015, DR 08-008 and VAR 08-001 Page 9 Finding (1): That any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and district in which the subject property is situated. [TCC § 9292a(1)] Analysis: The granting of the variance would constitute a special privilege not enjoyed by other properties in the vicinity/zoning district since the facts related to this property and this application are that the accessory structure could be modified to meet all of the Tustin City Code requirements. Finding (2) That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the Zoning Ordinance is found to deprive subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. [TCC § 9292a(2)] Analysis: There are no special circumstances applicable to the property's size, shape, topography or location or surroundings that would deprive the subject property of privileges enjoyed by other properties in the vicinity to warrant the granting of an exception to the zoning code. The following are applicable to the subject property. • The property is regularly shaped; • The property is a 10,000 square foot lot, which is a common lot size found in the single family residential district of Old Town; • The property is of relatively flat topography on the property itself and in the immediate vicinity, so no great change in grade exists; • The property is a typical lot in the single family residential district of Old Town Tustin and situated in line with the other lots on Second Street. • The project could be sufficiently proposed without the necessity for any variance if the design recommendations outlined previously were employed. • The City's zoning map shows that at least 19 instances exist where low-density, single family residential directly abuts medium or high- density residential and at least 16 instances where low-density, single-family residential directly abuts higher density commercial zones. If a variance is granted in this instance, a precedent could be set that the same benefit should be applicable to all of the single-family properties identified in these instances. Planning Commission Report December 9, 2008 CUP 08-015, DR 08-008 and VAR 08-001 Page 10 FINDINGS Conditional Use Permit In determining whether to approve the Conditional Use Permit, the Planning Commission must determine whether or not the proposed residential use will be detrimental to the health, safety, morals, comfort, and general welfare of the persons residing in or working in the neighborhood or whether it will be injurious or detrimental to property or improvements in the vicinity or to the welfare of the City. A decision to approve this request may be supported by the following findings: 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 the neighborhood or injurious or detrimental to property and improvements in the neighborhood or the general welfare of the City in that: 1) The use and design of the proposed accessory guest room, 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 Cultural Resources Overlay District. 2) The use, as conditioned, would not be detrimental to surrounding residents or properties since the use would be limited to a garage and guest room 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 permitted to lease or rent the accessory guest rooms or construct a kitchen or cooking facilities. 3) The design of the accessory guest room, as conditioned, ensures that it will be accessory to the main residence by appearing to be a garage structure. 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, with design modifications as conditioned, will be consistent with the style of the existing main residence. 4) The accessory building is located in the rear portion of the property and over ninety feet from the front property line along Second Street. The structure is scarcely visible from the public right-of-way due to the setback and screening provided by an existing block wall, mature landscaping, and the main structure. Planning Commission Report December 9, 2008 CUP 08-015, DR 08-008 and VAR 08-001 Page 11 Design Review and Certiricate of Appropriateness Pursuant to Section 9272 and Section 9252 of the Tustin Municipal Code, the Planning Commission must find: 1) that as conditioned, the location, size, architectural features, and general appearance of the proposed development will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole, and 2) that the proposed work conforms to the findings contained in the Cultural Resource District regulations. With the implementation of proposed condition 3.2 of Resolution No. 4105 which would eliminate the need for a Variance application, appropriate findings to the Design Review and Certificate of Appropriateness could be made and the proposed project could be supported. Variance That in accordance with California Government Code Section 65906 and pursuant to Tustin City Code Section 9292, the granting of Variance 08-001 to exceed the maximum permitted height for an accessory building: 1. Would constitute granting of a special privilege not afforded to other properties in the vicinity and identical zoning district of the subject property; 2. There are no special circumstances exist on the subject property as the property is a regular, rectangular shaped lot; 3. The property is a 10,000 square foot lot, which is a common lot size found in the single family residential district of Old Town; 4. The property is of relatively flat topography on the property itself and in the immediate vicinity, so no great change in grade exists; 5. The property is a typical lot in the single family residential district of Old Town Tustin and situated in line with the other lots on Second Street; and 6. The project could be sufficiently proposed without the necessity for any variance. 7, The City's zoning map shows that at least 19 instances exist where low-density, single family residential directly abuts medium or high-density residential and at least 16 instances where low-density, single-family residential directly abuts higher density commercial zones. If a variance is granted in this instance, a precedent could be set that the same benefit should be applicable to all of the single-family properties identified in these instances. ENVIRONMENTAL ANALYSIS The project has been determined to be categorically exempt pursuant to Section 15303 (Class 3) of the California Environmental Quality Act. Class 3 exempts the new construction or conversion of small structures including accessory structures such as garages, carports, patios, swimming pools, and fences. Planning Commission Report December 9, 2008 CUP 08-015, DR 08-008 and VAR 08-001 Page 12 V, Reina Kapadia Associate Planner Attachments: asf� Elizabeth A. Binsack Director of Community Development A. Report to the Planning Commission, November 12, 2008 B. Submitted Variance Supplemental Application C. Submitted Plans D. Planning Commission Resolution No. 4105 (revised) Attachment A Report to the Planning Commission, November 12, 2008 Report to the Planning Commission DATE: SUBJECT: APPLICANT/ PROPERTY OWNER: LOCATION ZONING: GENERAL PLAN: NOVEMBER 12, 2008 CONDITIONAL USE PERMIT 08-015 AND DESIGN REVIEW 08-008 MICHAEL J. FERGUSON 445 W. SECOND STREET TUSTIN, CA 92780 445 WEST SECOND STREET TUSTIN, CA 92780 ITEM #4 TUSTIN SINGLE FAMILY RESIDENTIAL (R-1), CULTURAL RESOURCES OVERLAY DISTRICT (CR) LOW DENSITY RESIDENTIAL ENVIRONMENTAL THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 3) STATUS: PURSUANT TO SECTION 15303 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT REQUEST: AUTHORIZATION FOR A NEW TWO-STORY DETACHED ACCESSORY BUILDING TO BE USED AS A GUEST HOUSE AND GARAGE Planning Commission Report November 12, 2008 CUP 08-015 and DR 08-008 Page 2 RECOMMENDATION That the Planning Commission adopt Resolution No. 4105, approving Conditional Use Permit (CUP) 08-015 and Design Review (DR) 08-008 authorizing the construction of an accessory building to be used as a guest room above a new two -car garage located at 445 W. Second Street subject to further architectural enhancement to the final design to be provided at plan check. BACKGROUND Pursuant to Section 9223b2 of the Tustin City Code (TCC), accessory buildings used as guest rooms where no cooking facility is installed or maintained are a conditionally permitted use in the R-1 zoning district. On May 17, 1982, the Planning Commission adopted Resolution No. 2030 approving Use Permit 82-008, authorizing Mr. Ferguson to build a 1,904 square foot two-story accessory building to be used as a garage and guest room (952 square feet garage and 952 square feet guest room above the garage). However, the project was never implemented, and pursuant to TCC Section 993b, any use permit granted shall be null and void if not used 1) year from the date of the approval thereof. Consequently,within ( Use Pe mit 82-008expiedin 1983. Additionally, Design Review is required for new construction to ensure that new uses and structures enhance their sites and are harmonious with the highest standards of improvements in the surrounding area and total community (TCC 9272). DISCUSSION Site and Surroundings The project site is located in Old Town Tustin, within the Cultural Resource Overlay District, on Second Street between "A" Street and Pacific Street (Attachment A - Location Map). The purpose of the overlay is to enhance the visual and aesthetic character of the City and ensure that new construction in the CR district is compatible with the character of the district. A Certificate of Appropriateness is required for the alteration of the exterior features of a building, or construction of improvements within a designated Cultural Resource District requiring a City building permit and the project will be subject to the required criteria and findings. Planning Commission Report November 12, 2008 CUP 08-015 and DR 08-008 Page 3 Surrounding properties of the project site are single family residential uses that are also located within the R-1 Zoning District with the exception of a medium density Planned Development (PD) residential complex directly to the north of the project site. Existing Project Site Project Site The project site is a 10,000 square foot lot in the residential district of Old Town Tustin. The site is currently improved with a one and a half story, 1,614 square foot single family residence. The existing main house was built circa 1895 in the Victorian -Queen Anne architectural style. The property is listed on the City's Historical Resources Survey with a "B" rating, which signifies that the building is generally well designed and may have a relationship to important events or persons in history. The Historical Resources Survey Report (Attachment B) on the subject property explains that the property is significant because it represents a good example of a Victorian style home built in Tustin before the turn of the century. Distinctive exterior features include shiplap siding and fish scale shingles on the fagade, molded double -hung windows, and carved wooden brackets at the eave lines. Project Proposal The proposed structure is a two-story, 1,904 square foot detached garage and guest house. A 952 square foot two -car garage is proposed at the ground floor and the proposed guest quarters will occupy the 952 square feet of living space at the second story (Attachment C — Submitted Plans). The proposed development appears to meet zoning code development standards in terms of height, lot coverage, and setback requirements. Planning Commission Report November 12, 2008 CUP 08-015 and DR 08-008 Page 4 The proposed structure would be situated to the rear of the property 91.5 feet from the front property line and set back eleven feet six inches (11'-6") behind the existing house. An existing block wall, in line with the front of the main structure, and mature landscaping in the front yard will screen most of the structure from the street. However, the structure will be likely be visible to the surrounding properties. EYLIWIlIf esaQeWF F\\ I Proposed Site Plan Currently, no garage exists on the property and cars have been parked on the unpaved portion of the lot, although parking on unpaved surface is a violation of the Tustin City Code. The photographs on the following page show the condition of the site with vehicles parked on the unpaved surface. In early 2008, a code enforcement notice was issued in response to complaints received by the Community Development Department regarding violations of driveway maintenance, unpermitted canopy structures, and using a single family residential lot as a vehicle storage yard. The case remains open and is currently with the City Attorney's office, while the progression of Mr. Ferguson's application to build a garage is considered a good faith effort to rectify the matter. Proposed Garage and Guest Room o I t f •;--�„' W -H i EYLIWIlIf esaQeWF F\\ I Proposed Site Plan Currently, no garage exists on the property and cars have been parked on the unpaved portion of the lot, although parking on unpaved surface is a violation of the Tustin City Code. The photographs on the following page show the condition of the site with vehicles parked on the unpaved surface. In early 2008, a code enforcement notice was issued in response to complaints received by the Community Development Department regarding violations of driveway maintenance, unpermitted canopy structures, and using a single family residential lot as a vehicle storage yard. The case remains open and is currently with the City Attorney's office, while the progression of Mr. Ferguson's application to build a garage is considered a good faith effort to rectify the matter. Planning Commission Report November 12, 2008 CUP 08-015 and DR 08-008 Page 5 11 1 Existing Site Condition Architecture The proposed guest house/garage is designed in a rectangular structure with identical first and second floor outlines (Attachment B — Submitted Plans). The second story is neither set back nor projecting over the first story, creating a straight vertical plane on all sides. An exterior staircase on the east elevation and window hoods on the west and south elevations are the only architectural projections on any of the building facades. The proposed building is clad in horizontal wood siding and trim to match the existing residence, as noted on the submitted plans. The applicant has indicated that the wood for the new structure will be redwood milled to match the existing materials. The submitted paint colors are "Cameo White" for the siding and "Somerville Red," "Marlboro Blue," and "Simply White" for the trim pieces, to be consistent with the existing residence. The main structure features a steeply pitched roof, as is typical in the Queen Anne Victorian style. However, the roof of the proposed structure is a slightly gambrel roof in order to accommodate the necessary clearance for two floors and remain within the 20 foot height limit for accessory structures. The steeper portion features a 4:12 pitch, and the shallower upper roof features a slope of 1:12. The proposed roofing material is asphalt shingle to match that of the existing home, and built-up roofing at the upper roof due to the minimal slope. Existing Main Structure Proposed Accessory Structure Planning Commission Report November 12, 2008 CUP 08-015 and DR 08-008 Page 6 Staff has worked with the applicant and provided comments regarding the proposed design of the accessory structure, and believes that there should be additional articulation on the facades. While the applicant has addressed some of the comments, such as adding window hoods, the mass of the structure consists of flat planes. As mentioned above, the applicant indicated the height limitation in the Tustin City Code limits the roof design to gambrel roof to achieve a full second floor height. However, staff believes that the roof pitch and design of the proposed structure could match the existing home and still comply with the height requirement by using hip or gable roof enveloping the second floor area. At this time, staff does not believe that the proposed architecture of the structure is completely consistent with the requirements of the Cultural Resource Overlay District or the recommendations set forth in the Cultural Resource District Residential Design Guidelines. Therefore, in an effort to expedite the project, staff is recommending approval of the Design Review with a condition that further architectural enhancements are provided for the final design. Potential Condition 3.2 has been proposed to require the applicant to provide further architectural detail and condition variation to the structure, to be reviewed and approved during the plan check process. Staff will continue to work with the applicant and the applicant's architect to ensure that the final design is consistent with the main structure and appropriate for the CR district. Similar non-descript, bulky accessory structures have been constructed in the Old Town residential district in recent years, potentially undermining the character of surrounding buildings and the district at large. The photographs below show examples of two-story additions to single -story homes in Old Town with a lack of integration into the existing context. Examples of incongruous two story additions Planning Commission Report November 12, 2008 CUP 08-015 and DR 08-008 Page 7 Guest House/Room TCC Section 9297 defines "guesthouse" as "detached living quarters of a permanent type of construction and without kitchens or cooking facilities and where no compensation in any form is received or paid." The guest room facility is proposed to be conditioned to remain as a guest room and shall not become a separate unit nor shall the building be rented or leased. Proposed Condition 2.1 of Resolution No. 4105 requires the applicant to record a deed restriction to restrict the accessory building from being used as a second residential unit and that no cooking facility may be installed or maintained in the guest room. No additional parking is required for guest rooms, since they are not intended as second dwelling units. I 151 Floor - Garage FINDINGS if t' ux . r• r All Q L_ 2nd Floor — Guest Room In determining whether to approve the Conditional Use Permit, the Planning Commission must determine whether or not the proposed use will be detrimental to the health, safety, morals, comfort, and general welfare of the persons residing in or working in the neighborhood or whether it will be injurious or detrimental to property or improvements in the vicinity or to the. welfare of the City. A decision to approve this request may be supported by the following findings: A. 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 the neighborhood or injurious or detrimental to property and improvements in the neighborhood or the general welfare of the City in that: 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 Cultural Resources Overlay District. Planning Commission Report November 12, 2008 CUP 08-015 and DR 08-008 Page 8 2) The use, as conditioned, would not be detrimental to surrounding residents or properties since the use would be limited to a garage and guest room 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 permitted to lease or rent the accessory guest quarters or construct a kitchen or cooking facilities. 3) The design of the accessory building, as conditioned, ensures that it will be accessory to the main residence by appearing to be a garage structure. 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, with additional enhancements as conditioned, will be consistent with the style of the existing main residence. 4) The accessory building is located in the rear portion of the property and over ninety feet from the front property line along .Second Street. The structure is scarcely visible from the public right-of-way due to the setback and screening provided by an existing block wall, mature landscaping, and the main structure. B. Pursuant to Section 9272 of the Tustin Municipal Code, the Planning Commission finds that as conditioned, the location, size, architectural features, and general appearance of the proposed development 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 Commission has considered at least the following items: 1. Height, bulk, and area of buildings: The proposed structure meets development standards regarding height and lot coverage of accessory structures. 2. Setbacks and site planning: The proposed building is setback over 90 feet from the front property line, will not be highly visible from the street, and is in compliance with the development standards of the R-1 zoning district. 3. Exterior materials and colors: The exterior materials and colors of the accessory structure, as conditioned, will be consistent with the main structure. 4. Type and pitch of roofs: The roofing material of the accessory structure shall match that of the existing structure. The roof pitch of the accessory structure has been designed in a manner dissimilar to that used on the main house to stay within the 20 foot height limit for accessory structures. 5. Size and spacing of windows, doors, and other openings: The proposed windows and doors are regularly shaped and spaced, and feature trim to match the existing house. Planning Commission Report November 12, 2008 CUP 08-015 and DR 08-008 Page 9 6. Physical relationship of proposed structures to existing structures in the neighborhood: The placement of a detached accessory building such as a guest house or garage is consistent with the. development pattern in the residential district of Old Town Tustin. 7. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares: As conditioned, the design of the proposed structure will be consistent with the main house on the property and other historic structures throughout the Old Town residential district. By virtue of its location on the lot, the new structure will not be highly visible from the public right-of-way. 8. Development Guidelines and criteria as adopted by the City Council: The project, as conditioned, will be made consistent with the required findings for issuance of a Certificate of Appropriateness as follows: (a) The proposed work conforms to the Municipal Code and established design standards. (b) The proposed work does not adversely affect the character of the district or Designated Cultural Resources within the district. (c) The proposed work will be harmonious with the existing surroundings in terms of appropriateness of materials, scale, size, height, placement and use of a new building in relationship to existing buildings and the surrounding setting. ENVIRONMENTAL ANALYSIS The project is categorically exempt pursuant to Section 15303 (Class 3) of the California Environmental Quality Act. Class 3 exempts the new construction or conversion of small structures including accessory structures such as garages, carports, patios, swimming pools, and fences. LllU Reina Kapadia Associate Planner Attachments: l /tA Elizabeth A. Binsack Director of Community Development A. Location Map B. Historical Resources Survey Report (excerpt 445 W. 2nd St.) C. Submitted Plans D. Land Use Application Fact Sheet E. Planning Commission Resolution No. 4105 ATTACHMENT A Location Map LOCATION MAP PROJECT NO.: CUP 08-015, DR 08-008 ADDRESS: 445 W. SECOND ST. (TWO-STORY GARAGE/GUEST HOUSE ACCESSORY STRUCTURE) I� If t iLo I F Mn jj y7 f S uw y K �I% Wore F 1 I ATTACHMENT B Historical Resources Survey Report (excerpt 445 W. 2"d St.) JON ADDRESS: 445 2ND ST (WJ DATE: ca 1895 STYLE: VICT. - QuEEN ANNE SOURCE: RATING: E B ALTERATIONS: M sur HISTORICAL DISTRICT: YO COMMENT: Vbbk'xar AAvn: Narrow sbiplap aiding, fishscala shingles in the gable and the design of the two front -facing gables indicate an 1890's Narrow shi date for this 1 and 1sh story Victories Trlai bonds cover the corners of the shiplap. The roofsaPe features cross construgables, with a taller front -facing gabled roof, visible above the intersecting ell -shaped gabled roof at the frost The front gable a later dam The contains a louvered vent, while the east and west gables feature a pair of smallldd table- ung; w b reined woad panels. large indows, addeed at fiahscale.clad dormer of the highest gable is centered with a small stationary Y gabled dormer, with enclosed eaves and a pair of -original doubleshung windows is located a the westaid& A plain Ptram with fte,sectiwith ah elongated carved wooden brackets, borders the cave lice. The fanciful ]890e chimneyhas a complicated a Of various widths and heights. The original turned Posts support the Porch roof' Than is no railin 9. The front door, which features a horizontal window, at eye levet, a horizontal recessed panel above and below the window, and a pair of vertical panels in the bottom third, is typical of the 1890'x. A doorway in the wt fax of the front wing has been covered over the wood.. Tall, narrow double -hang windows, with molding at the top of the lintel, are eriginaL The large plate glass window and transom in the center of the front wing was probably added about 1905. A low slumpsmne wall borders the front sidewalks. The is 1 with an extra lot on the west side. This house is'significivirbecame it is a good example of the type of Victorian hone built in Tustin prior to the tura of the century. SIGNIFICANCE: Arthur E. Bennett (owner 1897-1915) was an early fumigator, an Orchardiau an the suPerkntendent of the Tustin Presbyterian Church Sunday School. His wife, Richtje was the daughter of Peter Vandermnelon. a local orchardist They were both active in the. community. Byron "Barney" Crawford (owner 1915-1943) was Tmtin's fat mayor, serving from 1927 to 1932, when he retired from public office. Professionally, he was the manager of the Tustin Hills Citrus Association Packing house. The Victorian architecture and connections with Parsons significant to Tustin history mark: this home as one of above average importance to the community. 0 ATTACHMENT C Submitted Plans a u7 l np � 3 rIj Lij i LU g Its C � W • i 1 � � Nal �' � � Y 1_ w N J« <t< ' O � c g CU O a `_ a LL sem+47 N ea gg0 �R y` 'P .. c Q �i 9 ~ oil I 8 i6i �1 4 i gi V `H F•, a� a .g 3I � Ln e � • i f S � v i ®gg pp 8gE 7Y31e��E• aYgEe r.S-k 18 ` ma me�mso•'•�•Tf 4Q•�s•o�♦eo� tT t�D 15 `y d 3 iibf y a i �Es i e= 6 i t c �a faci � € Y�sil�ptli��iia�94EttlFa�a9�iai7lt3ailla9ilbilim{`sma\aiIiBiis a a & z g e xE 4 yS Cp ryr. pp a .::99. • 3°:333ec:Yii�9;aCy Yi�e?ivAS!'earea.a.Y:mr�r. E..F.xS.'.Aeaa�aN..G i.'.u__Fc_a...._E..d i� g �"6 ��;�i#�1iii�ill��i�5�s�ii�d�93��iA,[di�i:�53�ilil�igti3�idgZ:�:pislJ,��i�l.�il�!'�irJal,E�i • . ! k �� €� �§ �� E � � •`:iY34.'Y!•.°iz:43E�d'uaoo''ne6E�ee9l668aadmC:s9]c�3e'd9E�9N,-E.2�'cS:.:�`mes33aeABE:,4�'e4�`:.s.iis • g E E� k� @� kd' �� 9 3 g� i 3gFi C+$ � to°J^:4ir S o .iz i 9d� � �.K�dg=iLYac�a t ---- - -- ---- ---------- Fill lot �.l DP( ---- - -- ---- ---------- Fill lot �.l ATTACHMENT D Land Use Application Fact Sheet LAND USE APPLICATION FACT SHEET 1. LAND USE APPLICATION NUMBER(S): CUP 08-015 & DR 08-008 2. LOCATION: OLD TOWN TUSTIN 3. ADDRESS: 445 W. SECOND ST. 4. LOT:5 TRACT: 10281 5. APN(S):401-361-10 6. PREVIOUS OR CONCURRENT APPLICATION RELATING TO THIS PROPERTY: USE PERMIT 82-008 (EXPIRED) 7. SURROUNDING LAND USES: NORTH: MULTIPLE FAMILY RESIDENTIAL SOUTH: SINGLE FAMILY RESIDENTIAL EAST: SINGLE FAMILY RESIDENTIAL WEST: SINGLE FAMILY RESIDENTIAL 8. SURROUNDING ZONING DESIGNATION: NORTH: PD SOUTH: RR=1 EAST: RR=1 WEST: RR=1 9, SURROUNDING GENERAL PLAN DESIGNATION: NORTH: MEDIUM DENSITY RESIDENTIAL SOUTH: LOW DENSITY RESIDENTIAL EAST: LOW DENSITY RESIDENTIAL WEST: LOW DENSITY RESIDENTIAL 10. SITE LAND USE: A. EXISTING: SINGLE FAMILY RESIDENCE B. PROPOSED: SINGLE FAMILY RESIDENCE WITH GARAGE/GUEST HOUSE C. GENERAL PLAN: LOW DENSITY RESIDENTIAL D. ZONING: R-1 PROPOSED GP: NO CHANGE PROPOSED ZONING: NO CHANGE DEVELOPMENT FACTS: 11. LOT AREA: 10.000 S.F. 0.23 ACRES 12. BUILDING LOT COVERAGE: 30% OF REAR YARD MAX. PERMITTED 29% PROPOSED 13. PARKING: 2 CAR GARAGE PER DWELLING REQUIRED 2 CAR GARAGE PROPOSED 14. BUILDING HEIGHT: 20' MAX 20' PROPOSED . 15. BUILDING SETBACKS: REQUIRED PROPOSED FRONT: 50' 91_5' SIDE: 5' S 34' REAR: 5' 5=1" 16. OTHER UNIQUE CONDITIONS ASSOCIATED TO THE PROPERTY (I.E. SPECIAL STUDY ZONES, EASEMENTS, ETC.) CULTURAL RESOURCES OVERLAY DISTRICT (CR): STC DRAIN AND SEWER EASEMENTS ATTACHMENT E Resolution No. 4105 RESOLUTION NO. 4105 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 08-015 AND DESIGN REIVEW 08-008 AUTHORIZING THE CONSTRUCTION OF A NEW TWO- STORY DETACHED ACCESSORY BUILDING TO BE USED AS A GUEST HOUSE AND GARAGE, LOCATED AT 445 WEST SECOND STREET. The Planning Commission does hereby resolve as follows: The Planning Commission finds and determines as follows: A. That a proper application for Conditional Use Permit (CUP) 08-015 and Design Review (DR) 08-008 was filed by Michael Ferguson, property owner, requesting authorization to construct a 1,904 square foot accessory building to be used as a guest room and garage. B. That the site is designated as Low Density Residential by the City General Plan and is zoned as Single Family Residential (R-1) and located within the Cultural Resources Overlay District (CR). The project is consistent with the Air Quality Sub --element of the City of Tustin General Plan. C. That pursuant to Section 9223b2 of the Tustin City Code (TCC), accessory buildings used as guest rooms where no cooking facility is installed or maintained are a conditionally permitted use in the R-1 zoning district. D. That on May 17, 1982, the Tustin Planning Agency adopted Resolution No. 2030 approving Use Permit 82-008 authorizing a 1,904 square foot two- story accessory building to be used as a garage and guest room. Pursuant to TCC Section 9293b, any use permit granted shall be null and void if not used within one (1) year from the date of the approval thereof. Since the project was never implemented, Use Permit 82-008 is determined to be null and void. E. That a public hearing was duly called, noticed, and held for Conditional Use Permit 08-015 on November 12, 2008, by the Planning Commission. F. 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 the neighborhood or injurious or detrimental to property and improvements in the neighborhood or the general welfare of the City in that: 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 Resolution No. 4105 Page 2 development standards of the R-1 zoning district and Cultural Resources Overlay District. 2) The use, as conditioned, would not be detrimental to surrounding residents or properties since the use would be limited to a garage and guest room 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 permitted to lease or rent the accessory guest quarters or construct a kitchen or cooking facilities. 3) The design of the accessory building, as conditioned, ensures that it will be accessory to the main residence by appearing to be a garage structure. 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, with additional enhancements as conditioned, will be consistent with the style of the existing main residence. 4) The accessory building is located in the rear portion of the property and over ninety feet from the front property line along Second Street. The structure is scarcely visible from the public right-of-way due to the setback and screening provided by an existing block wall, mature landscaping, and the main structure. G. That pursuant to Section 9272 of the Tustin Municipal Code, the Planning Commission finds that as conditioned, the location, size, architectural features, and general appearance of the proposed development 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 Commission has considered at least the following items: 1) Height, bulk, and area of buildings: The proposed structure meets development standards regarding height and lot' coverage of accessory structures. 2) Setbacks and site planning: The proposed building is setback over 90 feet from the front property line, will not be highly visible from the street, and is in compliance with the development standards of the R- 1 zoning district. 3) Exterior materials and colors: The exterior materials and colors of the accessory structure, as conditioned, will be consistent with the main structure. 4) Type and pitch of roofs: The roofing material of the accessory structure shall match that of the existing structure. The roof pitch of the accessory structure has been designed in a manner dissimilar to Resolution No. 4105 Page 3 that used on the main house to stay within the 20 foot height limit for accessory structures. 5) Size and spacing of windows, doors, and other openings: The proposed windows and doors are regularly shaped and spaced, and feature trim to match the existing house. 6) Physical relationship of proposed structures to existing structures in the neighborhood: The placement of a detached accessory building such as a guest house or garage is consistent with the development pattern in the residential district of Old Town Tustin. 7) Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares: As conditioned, the design of the proposed structure will be consistent with the main house on the property and other historic structures throughout the Old Town residential district. By virtue of its location on the lot, the new structure will not be highly visible from the public right-of-way. 8) Development Guidelines and criteria as adopted by the City Council: The project, as conditioned, will be made consistent with the required findings for issuance of a Certificate of Appropriateness as follows: (a) The proposed work conforms to the Municipal Code and established design standards. (b) The proposed work does not adversely affect the character of the district or Designated Cultural Resources within the district. (c) The proposed work will be harmonious with the existing surroundings in terms of appropriateness of materials, scale, size, height, placement and use of a new building in relationship to existing buildings and the surrounding setting. H. That 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). Il. The Planning Commission hereby adopt Resolution No. 4105 approving Conditional Use Permit (CUP) 08-015 and Design Review (DR) 08-008 authorizing the construction of an accessory building to be used as a guest room and garage located at 445 W, Second Street subject to conditions attached hereto as Exhibit A. Resolution No. 4105 Page 4 PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 12th day of November, 2008. CHARLES E. PUCKETT Chairperson ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4105 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 12w day of November, 2008. ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A RESOLUTION NO. 4105 CONDITIONAL USE PERMIT 08-015 & DESIGN REVIEW 08-008 CONDITIONS OF APPROVAL The proposed project shall substantially conform with the submitted plans for the project date stamped on the date of approval, 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. 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 08-015 and Design Review 08-008 are 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 Conditional Use Permit 08-015 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director, to ensure compatibility with the area and compliance with the conditions contained herein. If the use is not operated in accordance with Conditional Use Permit 08-015, or is found to be a nuisance or negative impacts are affecting the surrounding tenants or neighborhood, the Community Development Director shall impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the Conditional Use Permit. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENTS (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW "* EXCEPTIONS Exhibit A Resolution No. 4105 Page 2 (1) 1.6 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. (1) 1.7 As a condition of .approval of Conditional Use Permit 08-015 and Design Review 08-008, 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. The City may, at its sole cost and expense, elect to participate in defense of any such action under this condition. USE RESTRICTIONS (***) 2.1 Use of any on-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 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 used or 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. (***) 2.2 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. (***) 2.3 No cooking or kitchen facilities may be installed in the accessory building. (***) 2.4 No sink or water service is authorized other than in the bathroom. DESIGN REVIEW (***) 3.1 All exterior treatments shall be consistent with the approved color and material samples and shall be noted on all construction plans and elevations submitted for Building Permit Plan Check, subject to review and approval by the Community Development Department. (***) 3.2 Greater architectural detail and variation that reduces the box -like appearance of the structure shall be incorporated into the final Exhibit A Resolution No. 4105 Page 3 architectural design and submitted at plan check for review and approval by the Community Development Department. Said detail and variation shall include architectural features such as eyebrow eaves, building "step backs" on the second floor, entry feature to the second floor, etc. (4) 3.3 The pedestrian door to the garage shall be relocated so as not to encroach into the required parking area dimensions when the door is opened. (4) 3.4 Exact details of the exterior doors, windows, roof, and cornices shall be provided on the construction plans. Major design elements shall match that of the.main house. (4) 3.5 All exposed metal flashing or trim shall be painted to match the building. (4) 3.6 Parking and driveway areas shall be separated with a minimum three (3) foot landscape area between the parking or driveway area and the adjacent side property line. (4) 3.7 All site landscaping shall be maintained in a healthy and vigorous condition at all times. (1)(4) 3.8 A Certificate of Appropriateness, issued by the Director of Community Development, will be required at the time of building permit issuance. PLAN SUBMITTAL (1)(3) 4.1 At the time of building permit application, the plans shall comply with the 2007 California Building Code (CBC), 2007 California Mechanical Code (CMC), 2007 California Plumbing Codes (CPC), 2007 California Electrical Code (CEC), California Title 24 Accessibility Regulations, 2007 Title 24 Energy Regulations, City Ordinances, and State and Federal laws. (1) 4.2 A note shall be provided on the 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. (1) 4.3 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. PUBLIC WORKS DEPARTMENT (1) 5.1 Any damage done to existing street improvements and utilities shall be repaired before issuance of a Certificate of Occupancy for the development. Exhibit A Resolution No. 4105 Page 4 (1) 5.2 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. (5) 5.3 Prior to issuance of a building permit, the applicant shall provide written approval from the Orange County Sanitation District. (1) 5.4 The applicant is required to submit a Construction and Demolition Waste Recycling and Reduction Plan (WRRP) to the Public Works Department. The WRRP must indicate how the applicant will comply with the City'. The applicant shall submit a fifty dollar ($50.00) application fee and a cash deposit. Based on the review of the submitted Waste Management Plan, the cash security deposit will be determined by the Public Works Department in an amount not to exceed five (5) percent of the project's valuation. (1) 5.5 Prior to issuance of any permit, the applicant shall post the required security deposit in the form of cash, cashier's check, personal check, or money order made payable to the "City of Tustin". FEES (1)(5) 6.1 Prior to issuance of any permits, payment shall be made of all applicable fees. includina but not limited to, the following: Building Plan Check and Permit Fees Grading Plan Check and Permit Fees Transportation System Improvement Program Fees School Fees Major Thoroughfare and Bridge Fees (1)(5) 6.2 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 fifty dollars ($50.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period the 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. S:\Cdd\PCRESOS\2008\4105 (CUP 08-015 DR 08-008).doc Attachment B Submitted Variance Supplemental Application COMMUNITY DEVELOPMENT DEPARTMENT SUPPLEMENTAL APPLICATION FORM Variance/Minor Adiustment California Government Code Section 65906 and the Tustin City Code require the City to make two positive findings to approve a variance or minor adjustment. Please answer the following questions to provide evidence in support of the necessary findings. Please attach a separate sheet if necessary. 1. SPECIAL CIRCUMSTANCES Are there special circumstances applicable to the property, including size, shape, topography, location or surroundings, that the strict application of the zoning ordinance deprives such property of privileges enjoyed by other properties in the vicinity under identical zoning classification? 2. SPECIAL PRIVILEGES How would the variance or minor adjustment, if granted, assure that the adjustment thereby authorized would not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated? 1 hereby acknowledge that all of the information contained in this supplemental application is, to the best of my knowledge and belief true and correctly represented. I hereby grant the City the authority to place a public hearing notice on the property for which the variance or minor adjustment is requested, if required. //- le-od' Land Owner's Signatur" Date Applicant's Signature (if different) Date 300 Centennial Way, Tustin, California 92780 • 714-573-3140 • FAX 714-573-3113 CITY OF TUSTIN COMMUNITY DEVELOPMENT DEPARTMENT SUPPLEMENTAL APPLICATION FORM VARIANCE/MINOR ADJUSTMENT SPECIAL CIRCUMSTANCES Yes. The special circumstance applicable to this property is that there is a two story Queen Ann Victorian home on this lot built (cir.1885). The architecture of this home has steep pitched cross gable roof lines, fish scale dormers and louvered vents. The ground floor has around a 1,400 square foot base on a 10,000 square foot flat lot. With the second story elevation of 28' high. The location and surrounding area has existing single and two story homes. There is a condominium project within 30' north of this property. Which has an elevation of 35' (Two story residences above parking garage). The existing zoning code limits the height to 20' requiring the roof to be almost flat. Limiting architectural design and creating a box like look. By granting a variance the proposed two car garage/guest home will have articulated cross gable roof lines, fish scale dormers, and louvered vents with an elevation of 23'9". Enclosing the stairs, raising the roof line will give articulation to the structure and remove the box like appearance. This should strike a balance between the 28' high main home, and the 35' high condominiums. CITY OF TUSTIN COMMUNITY DEVELOPMENT DEPARTMENT SUPPLEMENTAL APPLICATION FORM VARIANCE/MINOR ADJUSTMENT 2. SPECIAL PRIVILEGES The granting of this variance is for the articulation of the proposed Two story guest house/ two car garage project situated between: The large Two Story Condominium Project on the north, The two story home to the east, The large home with large garage to the west, And my Queen Ann Victorian Home to the south. There is no other cir.1885 Queen Ann homes with, or without, steep pitched cross gable roof lines existing in the surrounding area. All of the existing historical and non historical two story homes in the surrounding area have garages and driveways (Including single story homes) Limiting any special privileges consistent with existing city codes. 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LIII" ld III' w 111 I ' I I, I i I Ili.. h `�. •SIJ �. :pp�{�i Ajr ""3R I I �I0 III I ' III j n4 IIII I I I -i Q : I Ul W u yy I W I I V 111 I� - I - i I 1 Attachment D Planning Commission Resolution No. 4105 RESOLUTION NO. 4105 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 08-015 AND DESIGN REVIEW 08-008 AUTHORIZING THE CONSTRUCTION OF A NEW TWO- STORY DETACHED ACCESSORY BUILDING TO BE USED AS A GUEST ROOM AND GARAGE LOCATED AT 445 WEST SECOND STREET, AND DENYING VARIANCE 08-001 TO EXCEED THE MAXIMUM PERMITTED HEIGHT OF AN ACCESSORY BUILDING The Planning Commission does hereby resolve as follows: The Planning Commission finds and determines as follows: A. That a proper application for Conditional Use Permit (CUP) 08-015 and Design Review (DR) 08-008 was filed by Michael Ferguson, property owner, requesting authorization to construct a 1,904 square foot accessory building to be used as a guest room and garage, and for Variance (VAR) 08- 001 requesting authorization to exceed the maximum permitted height of 20 feet for accessory structures by T-9". B. That the site is designated as Low Density Residential by the City General Plan and is zoned as Single Family Residential (R-1) and located within the Cultural Resources Overlay District (CR). The project is consistent with the Air Quality Sub -element of the City of Tustin General Plan. C. That pursuant to Section 9223b2 of the Tustin City Code (TCC), accessory buildings used as guest rooms where no cooking facility is installed or maintained are permitted in the R-1 zoning district subject to the approval of a conditional use permit. D. That on May 17, 1982, the Tustin Planning Agency adopted Resolution No. 2030 approving Use Permit 82-008 authorizing a 1,904 square foot two- story accessory building to be used as a garage and guest room. Pursuant to TCC Section 9293b, any use permit granted shall be null and void if not used within one (1) year from the date of the approval thereof. Since the project was never implemented, Use Permit 82-008 is determined to be null and void. E. That a public hearing was duly called, noticed, and held for Conditional Use Permit 08-015 on November 12, 2008, by the Planning Commission, and that the item was continued to December 9, 2008. F. That a public hearing was duly called, noticed, and held for Variance 08- 001 on December 9, 2008, by the Planning Commission. Resolution No. 4105 Page 2 G. That for Conditional Use Permit 08-015, 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 the neighborhood or injurious or detrimental to property and improvements in the neighborhood or the general welfare of the City in that: 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 Cultural Resources Overlay District. 2) The use, as conditioned, would not be detrimental to surrounding residents or properties since the use would be limited to a garage and guest room 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 permitted to lease or rent the accessory guest rooms or construct a kitchen or cooking facilities. 3) The design of the accessory building, as conditioned, ensures that it will be -accessory to the main residence by appearing to be a garage structure. 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, with design modifications as conditioned, will be consistent with the style of the existing main residence. 4) The accessory building is located in the rear portion of the property and over ninety feet from the front property line along Second Street. The structure is scarcely visible from the public right-of-way due to the setback and screening provided by an existing block wall, mature landscaping, and the main structure. H. That for Design Review 08-008, pursuant to Section 9272 of the Tustin Municipal Code, the Planning Commission finds that with the implementation proposed conditions, particularly condition 3.2, and the elimination of the need for a Variance, the location, size, architectural features, and general appearance of the proposed project 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 Commission has considered at least the following items: 1) Height, bulk, and area of buildings. 2) Setbacks and site planning. 3) Exterior materials and colors. Resolution No. 4105 Page 3 4) Type and pitch of roofs. 5) Size and spacing of windows, doors, and other openings. 6) Physical relationship of proposed structures to existing 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. 8) Development Guidelines and criteria as adopted by the City Council. 9) Cultural Resource District Residential Design Guidelines and the required findings for issuance of a Certificate of Appropriateness as follows: (a) The proposed work conforms to the Municipal Code and established design standards. (b) The proposed work does not adversely affect the character of the district or Designated Cultural Resources within the district. (c) The proposed work will be harmonious with the existing surroundings in terms of appropriateness of materials, scale, size, height, placement and use of a new building in relationship to existing buildings and the surrounding setting. That in accordance with California Government Code Section 65906 and pursuant to Tustin City Code Section 9292, the granting of Variance 08- 001 to exceed the maximum permitted height for an accessory building: 1) Would constitute granting of a special privilege not afforded to other properties in the vicinity and identical zoning district of the subject property; 2) There are no special circumstances exist on the subject property as the property is a regular, rectangular shaped lot; 3) The property is a 10,000 square foot lot, which is a common lot size found in the single family residential district of Old Town; 4) The property is of relatively flat topography on the property itself and in the immediate vicinity, so no great change in grade exists; 5) The property is a typical lot in the single family residential district of Old Town Tustin and situated in line with the other lots on Second Street; and 6) The project could be sufficiently proposed without the necessity for any variance. 7) The City's zoning map shows that at least 19 instances exist where low-density, single family residential directly abuts medium or high- density residential and at least 16 instances where low-density, Resolution No. 4105 Page 4 single-family residential directly abuts higher density commercial zones. If a variance is granted in this instance, a precedent could be set that the same benefit should be applicable to all of the single-family properties identified in these instances. J. That the 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 Planning Commission hereby adopts Resolution No. 4105 approving Conditional Use Permit (CUP) 08-015 and Design Review (DR) 08-008 authorizing the construction of an accessory building to be used as a guest room and garage located at 445 W. Second Street, subject to conditions attached hereto as Exhibit A. Resolution No. 4105 hereby denies Variance (VAR) 08-001 to exceed the maximum permitted height of 20 feet for an accessory building. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 9th day of December, 2008. CHARLES E. PUCKETT Chairperson ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4105 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 9th day of December, 2008. ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A RESOLUTION NO. 4105 CONDITIONAL USE PERMIT 08-015 & DESIGN REVIEW 08-008 CONDITIONS OF APPROVAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped on the date of approval, 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. 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 08-015 and Design Review 08-008 are 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) 1.5 Conditional Use Permit 08-015 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director, to ensure compatibility with the area and compliance with the conditions contained herein. If the use is not operated in accordance with Conditional Use Permit 08-015, or is found to be a nuisance or negative impacts are affecting the surrounding tenants or neighborhood, the Community Development Director shall impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the Conditional Use Permit. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENTS (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODEIS (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTIONS Exhibit A Resolution No. 4105 Page 2 (1) 1.6 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. (1) 1.7 As a condition of approval of Conditional Use Permit 08-015 and Design Review 08-008, 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. The City may, at its sole cost and expense, elect to participate in defense of any such action under this condition. USE RESTRICTIONS (***) 2.1 Use of any on-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 shall execute and record a deed restriction in a form acceptable to the Community Development Department and City Attorney to ensure that no part of the guest room is used or 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. (***) 2.2 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. (***) 2.3 No cooking or kitchen facilities may be installed in the accessory building. (***) 2.4 No sink or water service is authorized other than in the bathroom. DESIGN REVIEW (***) 3.1 All exterior treatments shall be consistent with the approved color and material samples and shall be noted on all construction plans and elevations submitted for Building Permit Plan Check, subject to review and approval by the Community Development Department. (***) 3.2 The final architectural design to be submitted at plan check for review and approval by the Community Development Department shall Exhibit A Resolution No. 4105 Page 3 incorporate the following design alterations: reduction in the massing of the overall structure, reduction in the total height of the building not to exceed 20 feet, matching the roof pitch with the existing home, integrating the staircase into the comprehensive design of the structure, and incorporation of fagade articulation such as fishscale shingles, window frames, eave brackets, etc. (4) 3.3 Exact details of the exterior doors, windows, roof, and cornices shall be provided on the construction plans. Major design elements shall match that of the main house. (4) 3.4 All exposed metal flashing or trim shall be painted to match the building. (4) 3.5 Parking and driveway areas shall be separated with a minimum three (3) foot landscape area between the parking or driveway area and the adjacent side property line. (4) 3.6 All site landscaping shall be maintained in a healthy and vigorous condition at all times. (1)(4) 3.7 A Certificate of Appropriateness, issued by the Director of Community Development, will be required at the time of building permit issuance. PLAN SUBMITTAL (1)(3) 4.1 At the time of building permit application, the plans shall comply with the 2007 California Building Code (CBC), 2007 California Mechanical Code (CMC), 2007 California Plumbing Codes (CPC), 2007 California Electrical Code (CEC), California Title 24 Accessibility Regulations, 2007 Title 24 Energy Regulations, City Ordinances, and State and Federal laws. (1) 4.2 A note shall be provided on the 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. (1) 4.3 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. PUBLIC WORKS DEPARTMENT (1) 5.1 Any damage done to existing street improvements and utilities shall be repaired before issuance of a Certificate of Occupancy for the development. (1) 5.2 Prior to any work in the public right-of-way, an Encroachment Permit shall be Exhibit A Resolution No. 4105 Page 4 obtained from and applicable fees paid to the Public Works Department. (5) 5.3 Prior to issuance of a building permit, the applicant shall provide written approval from the Orange County Sanitation District. (1) 5.4 The applicant is required to submit a Construction and Demolition Waste Recycling and Reduction Plan (WRRP) to the Public Works Department. The WRRP must indicate how the applicant will comply with the City'. The applicant shall submit a fifty dollar ($50.00) application fee and a cash deposit. Based on the review of the submitted Waste Management Plan, the cash security deposit will be determined by the Public Works Department in an amount not to exceed five (5) percent of the project's valuation. (1) 5.5 Prior to issuance of any permit, the applicant shall post the required security deposit in the form of cash, cashier's check, personal check, or money order made payable to the "City of Tustin". FEES (1)(5) 6.1 Prior to issuance of any permits, payment shall be made of all applicable fees, including but not limited to, the following: Building Plan Check and Permit Fees • Grading Plan Check and Permit Fees • Transportation System Improvement Program Fees • School Fees • Major Thoroughfare and Bridge Fees (1)(5) 6.2 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 fifty dollars ($50.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period the 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. S:\Cdd\PCRESOS\2008\4105 (CUP 08.015 DR 08-008).doc