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HomeMy WebLinkAbout02 Appeal of Zoning Admin DecisionAGENDA REPORT MEETING DATE: MARCH 13, 2012 TO: PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: APPEAL OF THE ZONING ADMINISTRATOR'S DECISION TO APPROVE CONDITIONAL USE PERMIT 2011-21 AND DESIGN REVIEW 2011-09 FOR AN ACCESSORY GUEST HOUSE AT 445 WEST MAIN STREET. PROPERTY OWNERIAPPLICANT: OMAR AND LANA KARIM 445 WEST MAIN STREET TUSTIN, CA 92780 RECOMMENDATION: That the Planning Commission adopt Resolution No. 4193, approving Conditional Use Permit 2011-21 and Design Review 2011-09, authorizing the construction of a single story detached accessory building to be used as a guest house at 445 West Main Street subject to certain conditions including the requirement to execute and record a deed restriction; or direct staff to prepare a resolution of denial with associated findings. APPROVAL AUTHORITY: Pursuant to Tustin City Code Section 9294, any decision of the Zoning Administrator may be appealed to the Planning Commission. The appeal hearing before the Planning Commission is de novo. Options available to the Planning Commission are to approve, approve with conditions, disapprove the matter, or remand the matter to the Zoning Administrator. BACKGROUND: On January 30, 2012, the City of Tustin Zoning Administrator adopted Zoning Administrator Action 12-002, approving Conditional Use Permit (CUP) 2011-21 and Design Review (DR) 2011-09, authorizing the construction of a single story detached accessory building to be used as a guest house at 445 West Main Street. PC Report March 13, 2012 CUP 2012-21, DR 2011-09 Appeal Page 2 On February 9, 2012, an appeal of the Zoning Administrator's decision to approve CUP 2011-21 and DR 2011-09 was filed by the applicant, Omar Karim. The appeal specifically requests the removal of Condition 2.2 of Zoning Administrator Action 12- 002, which requires the property owner to execute and record a deed restriction to ensure that no part of the residence or the detached guest quarters is to be used or leased as a second unit. The deed restriction was required for the following reasons: • The deed restriction is the most effective means of ensuring that the accessory guest house is not used or leased as a second unit. Further, the site does not qualify for a second residential unit, as the size of the lot does not exceed the minimum lot size of 12,000 square feet required for a second unit, nor are two additional parking spaces provided; • The deed restriction notifies lenders, insurers, and future owners. Attached is a copy of the preliminary title report for the property showing that the property is single family residential; • There is an existing unpermitted studio apartment attached to the main residence on the premises that was used as a rental and that is required to be removed pursuant to Condition 2.10. In addition to the zoning violation, the property has been assessed as a single family residence since at least 1989 (Pre -1989 Assessor data is archived and not readily available); • The condition requiring the deed restriction has been a standard for approximately (30) years. The owners of the twelve properties which have been approved to have accessory guest rooms in Tustin in the past thirty (30) years have executed and recorded deed restrictions with the approval of accessory guest rooms; • A precedent would be set if the requirement for a deed restriction is waived. If the Planning Commission is desirous of considering rentals on smaller lots in single family residential districts, the potential impacts and zoning should be analyzed citywide, and policy direction should be provided by the City Council; and, • The deed restriction reduces the likelihood of Illegal residential units, which have potentially negative impacts on the community such as excessive street parking impacts and unmitigated impacts on public facilities, services, and park use, and impacts on other infrastructure such as water and sewer service. ENVIRONMENTAL: This project is Categorically Exempt pursuant to Section 15303 (Class 3) of the California Environmental Quality Act (CEQA). If the Commission directs staff to prepare a resolution of denial, a separate statutory exemption would apply. PC Report March 13, 2012 CUP 2012-21, DR 201109 Apped Page 3 DISCUSSION: Site and Sbirrounding Properties The project site is located on the north side of Main Street, between A Street and California Street (Attachment A ® Location Map). Surrounding properties in all directions are detached single-family residences. Figure 1 shows the subject property. The property is also located within the Cultural Resource (CR) Overlay District, where a Certificate of Appropriateness will be required (at the time of b0ding permit issuance) certifying that all work undertaken does not adversely affect the character of the historic district. AIM, WE 6K7 lg&&&ft W�* AM -4 J 1'r, PC Report March 13, 2012 CUP 2012-21, DR 2011-09 Appeal Page 4 Figure 1. Aerial N,—mp The project site is a 10,050 square foot lot improved with a single -story house near the center of the property, that was built in 1950. The existing house was recently damaged by fire and is currently unoccupied. The house is listed in the 2003 City of Tustin Historical Resources Survey as having a tract ranch architectural style and a °51)1" rating, signifying that it is a contributor to the Cultural Resources Overlay District. (see Attachment B - TusJn Historical Resources Survey excerpt). There are five (5) historic residences listed in the 2003 Survey that are located on adjacent lots in close proximity to the proposed guesthouse. FJFZOJECT DESCRIPTION The proposed single -story detached accessory building is approximately 525 square feet in size. The massing, size, and scale of the new structure will ensure that it appears to be accessory to the main residence. Figure 2. Site Plan PC Report March 13, 2012 CUP 2012-21, DR 2011-09 Appeal Page 5 The proposed accessory building (to be used as a guesthouse) is situated towards the rear of the property, set back a minimum of approximately 123 feet from the front property line and approximately 26 feet from the existing house and about 21 feet from the existing house with the proposed addition. Views of the proposed guesthouse from Main Street would be obscured by the existing main house and attached garage, fences, and landscaping. In addition, the proposed accessory building will feature architecture, windows, roof material, finish, and color that will match or will be similar to the main house. Concurrent with proposing the detached accessory building, the property owners are proposing to remodel the existing fire -damaged residence, including the removal of an existing unpermitted studio apartment, and construct a 216 square foot addition to the rear of the main house. Figure 3 shows the existing floor plan of the main house and depicts the unpermitted addition that has been used as a rental unit. Plans for the remodel and addition were submitted to the Building Division for plan check. The permit for the remodel and addition was issued on February 17, 2012. The plans submitted with this conditional use permit and design review application reflect the proposed additional square footage to the residence (Attachment C — Submitted Plans). Figure 3. Existing Floor Plan of Main House PC Report March 13, 2012 CUP 2012-21, DR 2011-09 Appeal Page 6 Conditional Use Permit The proposed accessory building to be used as a guesthouse meets all applicable development standards in Tustin City Code Section 9223b2 pertaining to accessory buildings used as a guesthouse (see Attachment D — Land Use Application Fact Sheet). A "guesthouse" is defined in TCC Section 9297 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." Pursuant to proposed Condition 2.2 of Planning Commission Resolution No. 4193, the applicant would be required to record a deed restriction to prevent the accessory building/guest house from being used as a separate residential unit, rented, or having cooking facilities installed and/or maintained. Design Review The design of the proposed accessory building will be consistent with the features of the tract ranch architecture of the existing main residence by matching the materials and colors, roof material, and multi -paned windows. The placement of the. building is consistent with the predominant land use pattern in the area of single-family residences in that the accessory building will be located at the rear of the property and will not be highly visible from Main Street. Appeal The applicant/property owner filed an appeal of the Zoning Administrator's decision with the City Clerk's Office on February 9, 2012 (Attachment E). The appeal letter requests the removal of Condition 2.2 of Zoning Administrator Action 12-002 (Attachment F), which requires the property owner to execute and record a deed restriction to ensure that no part of the residence or the detached guest quarters is to be used or leased as a second unit. The applicant has been made aware that the execution and recordation of a deed restriction has been routinely required of all detached accessory guest rooms. The deed restriction is the most effective means of ensuring that the accessory guest house is not used or leased as a second unit, and it notifies lenders, insurers, and future owners of the proper use of the guest house. This requirement has been consistently applied to every accessory guest room approved in Tustin for at least the past thirty (30) years. The following chart provides examples of addresses of twelve (12) properties where accessory guest rooms have been approved since 1982. The owner of each property was required to record a deed restriction. Conditional Use Permit # Address Resolution/ZA Action # 82-006 165 N. B Street 2027 82-008 445 W. Second Street 2030 91-028 170 S. B Street 3000 97-014 340 W. Second Street 97-007 PC Report March 13, 2012 CUP 2012-21, DR 2011-09 Appeal Page 7 03-021 455 S. Pacific Street 3902 04-022 200 S. A Street 05-007 05-001 14071 S. C Street 05-004 08-011 440 S. Pacific Street 08-008 08-015 445 W. Second Street 4105 08-017 14611 Prospect Avenue 4155 09-016 180 N. C Street 09-007 10-005 310 S. Pasadena Avenue 10-006 Accessory Guest Rooms versus Second Residential Units Tustin City Code Section 9223a7 allows for the establishment of second residential units on properties of 12,000 square feet or larger in the Single Family Residential (R-1) District, provided certain development standards are met, including a minimum .of two garage parking spaces for the second unit. Second residential units function as completely independent living spaces, include cooking facilities (kitchens), and may be rented. The project site at 445 West Main Street does not meet the minimum lot size requirement and would not be eligible for a second residential unit. The existing unpermitted attached studio apartment that was converted without the benefit of any City permits and was rented as an illegal second unit is required to be removed. Accessory guest rooms that are illegally used as separate dwelling units have the potential to impact the single family character of the neighborhood in which they are located. Impacts may include safety hazards to occupants, additional vehicles parked on the adjacent streets, increased calls for police, fire, and other emergency services, and greater usage of public facilities, services, and utilities without the payment of mitigation or use fees. The following table summarizes the most significant differences between accessory guest rooms and second residential units: Accessory Guest Room Second Residential Unit Relation to primary family dwelling unit single Accessory — Separate single family dwelling unit Minimum building site 7,200 square feet 12,000 square feet Maximum height 20 feet 30 feet Parking requirement No additional parking Two garage spaces Ability to rent Not rentable Rentable -Cooking facilities No kitchen/cooking facility Kitchen Sanitation District fees $635 $2,069 New Construction Fee None $350 PC Report March 13, 2012 CUP 2012-21, DR 2011-09 Appeal Page 8 FINDINGS In determining whether to approve the Conditional Use Permit and Design Review, the Planning Commission must: 1) determine whether or not the proposed guesthouse 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; and, 2) determine whether or not the location, size, architectural features, and general appearance of the project will impair the orderly and harmonious development of the area. A decision to approve this request may be supported by the following findings: 1) The property is zoned single-family residential (R-1) where Tustin City Code Section 9223b2 allows for guesthouses, provided that no cooking facility is installed or maintained and no compensation in any form is received or paid, with the approval of a Conditional Use Permit. 2) The use, as conditioned, would not be detrimental to surrounding residents or properties since the use would be limited to a guesthouse which is accessory to a single-family residence and will be used in conjunction with the main residence. The property owner would not be permitted to lease or rent the accessory guesthouse 3) The use and design of the proposed guesthouse, as conditioned, would not be detrimental to surrounding properties in that the proposed structure will be used for residential use, and will comply with all applicable development standards of the R-1 zoning district pertaining to accessory buildings used as a guesthouse. 4) The design of the guesthouse ensures that it will be accessory to the main residence. The placement of the building towards the rear of the lot is consistent with the predominant land use pattern in the area. In addition, the design of the guesthouse will be consistent with the features of the existing main residence by matching the materials and colors, roof materials, and multi -paned windows. 5) The guesthouse is located towards the rear portion of the property approximately 123 feet and more from the front property line along Main Street. Views of the guesthouse from Main Street will be obscured by the existing main house, attached garage, fences, and landscaping. 6) The guesthouse will not adversely affect the character of the District or historic structures within the District in that the design, materials, location, size, scale, and massing of the proposed structure will be compatible with the main residence, and the proposed structure meets all Tustin City Code requirements pertaining to accessory buildings used as guest rooms. PC Report March 13, 2012 CUP 2012-21, DR 2011-09 Appeal Page 9 7) The requirement for the deed restriction is necessary for the following reasons: • The deed restriction is the most effective means of ensuring that the accessory guest house is not used or leased as a second unit. Further, the site does not qualify for a second residential unit, as the size of the lot does not exceed the minimum lot size of 12,000 square feet required for a second unit, nor are two additional parking spaces provided; • The deed restriction notifies lenders, insurers, and future owners. Attached is a copy of the preliminary title report for the property showing that the property is single family residential; • There is an existing unpermitted studio apartment attached to the main residence on the premises that was used as a rental and that is required. to be removed pursuant to Condition 2.10. In addition to the zoning violation, the property has been assessed (see Attachment G) as a single family residence since at least 1989 (Pre -1989 Assessor data is archived and not readily available); • The condition requiring the deed restriction has been a standard for approximately (30) years. The owners of the twelve properties which have been approved to have accessory guest rooms in Tustin in the past thirty (30) years have executed and recorded deed restrictions with the approval of accessory guest rooms; • A precedent would be set if the requirement for a deed restriction is waived. If the Planning Commission is desirous of considering rentals on smaller lots in single family residential districts, the potential impacts and zoning should be analyzed citywide, and policy direction should be provided by the City Council; and, • The deed restriction reduces the likelihood of Illegal residential units, which have potentially negative impacts on the community such as excessive street parking impacts and unmitigated impacts on public facilities, services, and park use, and impacts on other infrastructure such as water and sewer service. Scott Reekstin Elizabeth A. Binsack Senior Planner Director of Community Development Attachments: A. Location Map B. Tustin Historical Survey Report excerpt 445 W. Main Street C. Submitted Plans D. Land Use Application Fact Sheet E. Appeal of Zoning Administrator Action 12-002 F. Zoning Administrator Action 12-002 G. Property Detail Report H. Preliminary Title Report I. Resolution No. 4193 ATTACHMENT A LOCATION MAP LOCATION MAP CUP 2011-21, DR 2011-09:445 W. MAIN STREET PROJECT SITE MAM STREET A HLDU 000 ATTACHMENT B TUSTIN HISTORICAL SURVEY REPORT EXCERPT 445 W. MAIN STREET Pagel of 1 Bl. Historic Name. B2. Common Name: B3. Original Use: Residential B4. Present Use: Residential "BS. Architectural Style: Tract Ranch "B6. Construction History: (Construction date, alterations, and date of alterations) This building was built prior to or a -round 1952. "NRNP Status CoTIe: 5D 1i "Resource Name or P? (303) 445 Main Street W '1B7. 11fSo'Ve0 X No O Yes LCJUml nown Date: oegdnnl L,01:n lon: 'Ba. ReRnterl7enftaTes: 39n. ATchitec3:::un gown . Flanll�7eT: ']BID. SlgnMacamce: Theme: Residential Architecture Amn. Santa Ana -Tustin, CA Period of ugm1 caamce: 1945-1950 B Tmpert y 71ype: Residential Applicable CTa$e= C (Di=w lzrupoAlance m tarns of historical or architectural context as defined by t' erne, pwiod, and geographic scope. Also address integrity.) This bmild1mg may be significant as an example of the transition to tract ranch architecture as the donainan form in Tustin. 1 esy tact ranch style buildings are typically small with a lower pitched Tcof. The building also ill , tes the limited dimensions of trhe bmct houses. Many of these homes were expanded in the back with additions of a faanily or other types of TcoTaas. The building's character defining features include, but are not limited to: o rambling and horizontal form o automobile oriented © asymmetrical shape with logy pitched roof o moderate eave overhang o decorative railing and other mode nn, details • front facing gable and a hipped roof wing 1311. A4i2lliomal resource Attributes: (BP2}—Single Family Property '1312. ReTwemcex City of Tustin Historical Sure, thirtieth street architects, inc., June, 1990, Tusfin: A 0ty of Frees, CaTol R Jordan, Heritage Media Corp. 1996. B13. Rem nTlus This building requires additional information and research to assess fully, its sig-nifiuce. °1DIl4. 1q"ra1an¢or: TBA West, C. Jordan 'Bate m tad 1timm: Oct 2002 (This space reserved for official comments.) DPP zla-o (Ifwq) "Required Information ATTACHMENT C SUBMITTED PLANS RIDGE f 11 SLOPE in . .......... WALL LFGHM) EXISTIN-OWALL NRW XVAI I PROM ED FLOOR PLAN Scale:: 1/4" 1'-0" ............... ME ARCH A,j5W6th 8trtet,UnjtA PhIl 714,83a,1666 Fax 714.832-4153 Web :: n ,WMenarch.0 m Emad - - aathaa@me=ch.com IiAi2livt 11-25-2011 01 As Noted 7 t. t T L2'EIt;H, RATTic. 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CE i'vIM11(/ 3 r„ !a Ia r G 1 C(74 aolT MENARCH rr r 1 [Ell , UnitA 780 -1fnxxrh.�srauaenaec•Ya.-raz3t i AND COI-CA TO _ MATO I M1,114 ENG IiOUsi PROPOSED ROOF MATERIAL PROPOSED ROOF MATERIAL ' 1 -__.... _ SITY7:, FI-1vil SIII:NOI.E TII.L>' S17.1>✓. FUtSFII'NC CC ILOR: E;L "ti'iLNQ Ct�bOA: >Jl., Ch-53L'hTt7 KARIM CI 'tSS: i.1,.ASS: 1�< i ft C: ESS REPORT M' Fi r--at>:tz. ICC: BS R3F'ORT 1fRi' ! a i (. - --- --- -- -- -- — --- — -- r ---- ------ — ---- --- --- -- A Notad I PROPOSED EAST ELEVATION PROPOSED SOUTH ELEVATION ! 4 . Scale:: 3/16" 1'-o" 3/16"=1r_„ .....>.. ............................. i, ............ .............. ........... ..................... ........... _.,. .. ............... . ...... .... i WIN r_[I. M4► o LAND USE APPLICATION FACT SHEET LAND USE APPLICATION FACT SHEET 1. LAND USE APPLICATION NUMBER(S): Conditional Use Permit (CUP) 2011-21, DESIGN REVIEW 2011-09 2. LOCATION: 445 W. Main Street. 3. LOT: TRACT: N/A 4. APN(S):4{1-363-(K} 5. PREVIOUS OR CONCURRENT APPLICATION RELATING TO THIS PROPERTY: None NORTH: Single Family Residential EAST: Single Familv Residential 7. SURROUNDING ZONING DESIGNATION: NORTH: Single Family Residential (R-1) EAST: Single Familv...Residential (R-1) 8. SURROUNDING GENERAL PLAN DESIGNATION: NORTH: Low Density Residential EAST: Low Density Residential 0. SITE LAND USE: SOUTH: WEST: Single Family Residential SOUTH: ' Single Family Residential (R-1) WEST: Single Familv Residential (R-1) SOUTH: Low Density Residential WEST: Low Density Residential EXISTING PROPOSED Use: Single Family Residential, Detached No Change Zoning: Single Family Residential (F-1) No Change General Plan: Low Density Residential No Change 10. DEVELOPMENT STANDARDS (ACCESSORY BUILDINGS USED AS GUEST ROOMS, NO KITCHEN Maximum Height: Maximum Lot Coverage: Minimum Front Yard Setback: Minimum Side Yard Setback: Minimum Rear Yard Setback: Off-street Parking: a) Single Family Residence b) Guest House REQUIRED 20 feet 3U%ofrear yard 50 feet 5feet 5feet a)2spaces, within afully enclosed garage PROPOSED <20feet <30Y6 nfrear yard (-2396) —123feet 5feet 5faot a)2spaces within afully enclosed garage b) No additional Other: 1,000 square feet free and clear — 2,600 square feet free and on rear 1/3 of lot clear on rear 1/3 of lot 11. OTHER UNIQUE CONDITIONS ASSOCIATED TO THE PROPERTY (I.E. SPECIAL STUDY ZONES, EASEMENTS, ETC.): Cultural Resource Overlay District (CR) S:xCuu\SCorT\CuPS\Cup2n11a1 DR 2011-09 Land Use Application Fact Gxoot.moc ATTACHMENT E K46171, vil "'. �- • �� ZONING ADMINISTRATOR ACTION 12-002 CONDITIONAL USE PERMIT 2011-21 DESIGN REVIEW 2011-09 445 WEST MAIN STREET The Zoning Administrator of the City of Tustin does hereby resolve as follows: The Zoning Administrator finds and determines as follows: A. That a proper application for Conditional Use Permit (CUP) 2011-21 and Design Review (DR) 2011-09 was filed by Omar and Lana Karim, property owners, requesting authorization to construct a proposed single story detached accessory building to be used as a guesthouse. B. That the site is designated as Low Density Residential by the City General Plan and is zoned as Single-family Residential (R-1), where the use of an accessory building as a guesthouse is a conditionally permitted use. The site is also located within the Cultural Resource Overlay District (CR) where a Certificate of Appropriateness will be necessary at the time of building permit issuance to certify that all work undertaken does not adversely affect the character of the historic district. C. Design Review is required for construction of new structures, which includes review of the site plan and elevations. The Community Development Director has deferred consideration of the Design Review application to the Zoning Administrator for concurrent review with the Conditional Use Permit application. D. 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. E. That a public hearing was duly called, noticed, and held for Conditional Use Permit 2011-21 and Design Review 2011-09 on January 30, 2012, by the Zoning Administrator. F That the Zoning Administrator has the authority to consider the request for an accessory building to be used as a guesthouse pursuant to Section 9299b(3)(i) of the Tustin City Code. G. That the establishment, maintenance, or operation of the proposed guesthouse 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: Zoning Administrator Action 12-002 CUP 2011-21 and Design Review 2011-09 445 W. Main Street Page 2 1) The property is zoned single-family residential (R-1) where Tustin City Code Section 9223b2 allows for guesthouses, provided that no cooking facility is installed or maintained and no compensation in any form is received or paid, with the approval of a Conditional Use Permit. 2) The use and design of the proposed guesthouse, as conditioned, would not be detrimental to surrounding properties in that the proposed structure will be used for residential purposes, and will comply with all applicable development standards of the R-1 zoning district pertaining to accessory buildings used as a guesthouse. 3) The use, as conditioned, would not be detrimental to surrounding residents or properties since the use would be limited to a guesthouse, which is accessory to a single-family residence and will be used in conjunction with the main residence. The property owner would not be permitted to lease or rent the accessory guesthouse. 4) The design of the guesthouse ensures that it will be accessory to the main residence. The placement of the building towards the rear of the lot is consistent with the predominant land use pattern in the area. In addition, the design of the guesthouse will be consistent with the features of the existing main residence by matching the materials and colors, roof materials, and multi -paned windows. 5) The guesthouse is located towards the rear portion of the property approximately 123 feet and more from the front property line along Main Street. Views of the guesthouse from Main Street will be obscured by the existing main house, attached garage, fences, and landscaping, 6) The guesthouse will not adversely affect the character of the District or historic structures within the District in that the design, materials, location, size, scale, and massing of the proposed structure will be compatible with the main residence, and the proposed structure meets all Tustin City Code requirements pertaining to accessory buildings used as guest rooms. H. That pursuant to Section 9272(c) of the Tustin City Code, the Zoning Administrator finds that, as conditioned, the location, size, architectural features, and general appearance of the proposed structure will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole in that the design of the accessory building ensures that it will be accessory to the main residence. The placement of the building is consistent with the predominant land use pattern in the area of single-family residences. In addition, the design of the accessory building will be consistent with the features of the tract ranch architecture of the existing main residence by matching the materials and colors, roof material, and multi -paned windows. In making such findings, Zoning Administrator Action 12-002 CUP 2011-21 and Design Review 2011-09 445 W. Main Street Page 3 the Zoning Administrator has considered at least the following items: i. Height, bulk, and area of buildings; ii. Setbacks and site planning; iii. Exterior materials and colors; iv. Type and pitch of roofs; v. Size and spacing of windows, doors, and other openings; vi. Physical relationship of proposed structures to existing structures in the neighborhood; vii. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares; and viii. Development guidelines and criteria as adopted by the City Council. 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). The Zoning Administrator hereby approves Conditional Use Permit 2011-21 and Design Review 2011-09 to authorize the construction of a proposed single story detached accessory building to be used as a guesthouse, subject to the conditions contained within Exhibit A attached hereto. PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular meeting held on the 30th day of January, 2012. 9 71 ST0104 FAI[" MWO] I'Ll kIL A A ADRIANNE DILEVA RECORDING SECRETARY Zoning Administrator Action 12-002 CUP 2011-21 and Design Review 2011-09 445 W. Main Street Page 4 STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN 1, ADRIANNE DILEVA, the undersigned, hereby certify that I am the of the Zoning Administrator of the City of Tustin, California; that Action No. 12-002 was passed and adopted at a regular meeting Administrator, held on the 30th day of January, 2012. Ab-RIANNE DILEVA RECORDING SECRETARY Recording Secretary Zoning Administrator of the Tustin Zoning EXHIBIT A ZONING ADMINISTRATOR ACTION 12-002 CONDITIONAL USE PERMIT 2011-21 DESIGN REVIEW 2011-09 CONDITIONS OF APPROVAL GENERAL 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped January 30, 2012, 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. 1.2 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. 1.3 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 2011-21 and Design Review 2011-09 is contingent upon the applicant/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. 1.5 Any violation of any of the conditions imposed is subject to the issuance of an Administrative Citation pursuant to Tustin City Code Section 1162(a). 1.6 If the use is not operated in accordance with Conditional Use Permit 2011- 21, or is found to be a nuisance or negative impacts are affecting the surrounding residents or neighborhood, the Community Development Director shall impose additional conditions to eliminate the nuisance or 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 ZA Action 12-002 Page 2 negative impacts, or may initiate proceedings to revoke the Conditional Use Permit. 1.7 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. 1.8 As a condition of approval of Conditional Use Permit 2011-21 and Design Review 2011-09, 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. PLANNING 2.1 The property is authorized as a single-family residential use only. Home businesses shall comply with the City of Tustin's Home Occupation requirements. 2.2 Use of any accessory building/guesthouse or attached room(s) as a second unit or boarding house is not permitted. 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 or the residence or the detached guest quarters 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. 2.3 No cooking or kitchen facilities may be installed in the accessory guest room and no compensation in any form shall be received. At building plan check, a note to this effect shall be provided on the plans. (5) 2.4 At building plan check, the site plan shall depict the existing footprint of the single family residence and the footprint with the proposed attached additions to the single family residence. Exhibit A ZA Action 12-002 Page 3 (5) 2.5 At building plan check, the plans shall include an accurate calculation of total lot coverage (main structure, garage, proposed guest house, etc.) and a breakdown of total area of each component, including separate calculations for lot coverage with the existing residence and with the proposed attached additions to the residence. (5) 2.6 At building plan check, the floor plan and elevations shall be consistent. Windows depicted on the floor plan need to be shown on the elevations, and vice -versa. 2.7 A Certificate of Appropriateness, issued by the Director of Community Development, will be required at the time of building permit issuance. (5) 2.8 At building plan check, the location(s) of any existing accessory structures and whether they are proposed to remain or be demolished shall be indicated on the plans. Detached structures shall be separated by a minimum distance of ten (10) feet. (4) 2.9 The roof material of the proposed accessory guest house shall match the approved proposed roof material of the existing main residence if the roof of the main residence is reconstructed, or match the existing roof material to the greatest extent feasible if the roof material of the existing residence is not changed. 2.10 Prior to building permit final for the proposed accessory guest house, the existing kitchen and associated plumbing in the existing unpermitted studio apartment within the existing single family residence shall be completely removed and shall not be reinstalled. PLAN SUBMITTAL (1) 3.1 At the time of building permit application, the plans shall comply with the 2010 Edition State and the City of Tustin adopted codes: California Residential Code, California Electrical Code, California Plumbing Code, City Ordinances, and State and Federal laws and regulations. PUBLIC WORKS (1) 4.1 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. 4.2 Prior to issuance of a building permit, the applicant shall provide written approval from the Orange County sanitation District for the change in use. Exhibit A ZA Action 12-002 Page 4 (1) 4.3 Construction and Demolition Waste Recycling and Reduction Plan (WRRP): A. The applicant/contractor is required to submit a WRRP to the Public Works Department. The WRRP must indicate how the applicant will comply with the City's requirement (City Code Section 4351, et al) to recycle at least 50% of the project waste material. B. The applicant will be required to submit a $50.00 application fee and a cash security 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 percent of the project's valuation. C. Prior to issuance of a building permit, the applicant shall submit 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 0,5) 5.1 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 • All applicable Transportation Corridor Agency fees • School Fees 5.2 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 that applicant has not delivered to the Community Development Department the above -noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened. ATTACHMENT F RECERED FER 0 � 2012 IFFICE-TUSTIN CITY CLERK -qt cA J, ewN are, -vo tr\ ATTACHMENT G . a*] . R :49 RealQuest.com 9 - Report '- 11C91M.610141garA Page I of I It CoreLoqqlc s s J o ri, a 445 W MAIN ST, TUSTIN, CA 92780-4323 Owner Information: Owner Name: KARIM OMAR FAROOQ & LANA Mailing Address: PO BOX 3218, TUSTIN CA 92781-3218 B022 Phone Number: Vesting Codes: HW//JT Location Information: Legal Description: TUSTIN CITY LOT 5 BILK H &WILY 17 FT LOT 4 BILK H County: ORANGE, CA APN: 401-363-06 Census Tract / Block: 756.0511 Alternate APN: Township -Range -Sect: Subdivision: TUSTIN CITY Legal Book/Page: Map Reference: 23-F2 / 830-A3 Legal Lot: 6 Tract #: 793 Legal Block: H School District: TUSTIN Market Area: Munic/Township: Neighbor Code: Owner Transfer Information: Recording/Sale Date: J Deed Type: Sale Price: 1st Mtg Document #: Document #: Last Market Sale Information: Recording/Sale Date: 09/29/2008 t 08/08/2008 1st Mtg Amount/Type: $423,255 FHA Sale Price: $430,000 1st Mtg Int. Rate/Type: 7.76/ Sale Type: FULL 1 st Mtg Document* 455072 Document #: 455071 2nd Mtg Amount/Type: Deed Type: CONDOMINIUM DEED 2nd Mtg Int. Rate/Type: Transfer Document #: Price Per Sq Ft: $310.92 New Construction: Multi/Split Sale: Title Company: FIRST AMERICAN TITLE INSURANCE Lender: FLAGSTAR BK FSB Seller Name: DEUTSCHE BANK TRUST CO Prior Sale Information: Prior Rec/Sale Date: 11/16/2006 / 11/09/2006 Prior Lender- HOMECOMINGS Prior Sale Price: $780,000 FIN'L LLC Prior 1 st Mtg Amt/Type: $624,000 / CONV Prior Doc Number: 777514 Prior 1st Mtg Rate/Type: 6.88 ADJ Prior Deed Type: GRANT DEED Property Characteristics: Gross Area: 1,383 Parking Type: GARAGE/CARPORTConstruc*ion: Living Area: 1,383 Garage Area: Heat Type: Tot Adj Area: Garage Capacity: 2 Exterior wall: Above Grade: Parking Spaces: Porch Type: Total Rooms: 7 Basement Area: Patio Type: Bedrooms: 4 Finish Bsmnt Area: Pool: POOL& Bath(F/H): 1/ Basement Type: JACUZZI Air Cond: NONE Year Built / Eff: 1950/ Roof Type: Style: Fireplace: Foundation: Quality: # of Stories: 1.00 Roof Material: Condition: Other Improvements: Site Information: Zoning: Acres: SINGLE FAM 0.23 County Use: RESIDENCE Lot Area: 10,050 Lot Width/Depth: 67 x 150 State Use: (1) Land Use: SFR Res/Comm Units: Water Type: Site Influence: Sewer Type: Tax Information: Total Value: $428,980 Assessed Year: 2011 Property Tax: $4,967.14 Land Value: $356,357 Improved %: 17% Tax Area: 13000 Improvement Value: $72,623 Tax Year: 2011 Tax HOMEOWNER Total Taxable Value: $421,980 Exemption: http://Pro.realquest-comljsplreport.jsp?&client=&action=confirm&type=getreport&record�'no... 3/6/2012 ATTACHMENT H ADVANTAGE TITLE, INC 19500 Jamboree Road, 2nd Floor, Irvine, CA 92612 Toll Free: (877)365-9365 ext. 3623 Direct: (949)475-3623 Fax: (949)252-2466 PRELIMINARY REPORT Haven Escrow Our Order: 210-1109035-20 4540 Campus Drive, Suite 109 Escrow Ref: 445 West Main Street Newport Beach, CA 92660 Mortgage Broker Ref: 445 W Main St Attn: Rebecca Smith When Replying Please Contact: Advantage Title, Inc. 19500 Jamboree Road, 2nd Floor Irvine, CA 92612 Attn: Cindy Spencer (949)475-3623 Todays Date: March 5, 2012 Property Address: 445 West Main Street, Tustin, CA 92780 In response to the application for a Policy of Title Insurance, Advantage Title, Inc. hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an exception herein and/or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said Policy or Policies of Title Insurance are set forth in Exhibit B attached. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Exhibit B. Copies of the Policy forms should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in Exhibit B of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the Policy or Policies of Title Insurance and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects and encumbrances affecting title to the land. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a Policy or Policies of Title Insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a Policy or Policies of Title Insurance, a Binder or Commitment should be requested. Dated as of March 1, 2011, at 07:30AM. Cindy Spencer Title Officer cindy.spencer@title365.com The form of policy of title insurance contemplated by this report is: ALTA Short Form Residential Loan Policy and Addendum 2006 Underwritten by: Old Republic National Title Insurance Company Preliminary Report Page 1 210-1109035-20 SCHEDULE A The estate or interest in the land hereinafter described or referred to covered by this Report is: A Fee Title to said estate or interest at the date hereof is vested in: Omar Farooq Karim and Lana Karim, husband and wife as joint tenants The land referred to in this Report is situated in the County of Orange, State of California, and is described as follows: Lot(s) 4 excepting therefrom the East 33 feet thereof and all of Lot 5 in Block H of a part of Tustin City, in the City of Tustin, County of Orange, State of California, as per map recorded in Book 4, Page(s) 218 and 219 Miscellaneous Maps, in the office of the County Recorder of said County. APN: 401-363-06 Preliminary Report Page 2 210-1109035-20 SCHEDULE B At the date hereof, Exceptions to coverage, in addition to the printed Exception and Exclusions contained in said policy form would be as follows: Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes, to be levied for the fiscal year 2011- 2012 which are a lien not yet payable. 2. Property taxes for the fiscal year shown below are Due. For proration purposes the amounts are: Fiscal year: 2011-2012 1st Installment: $2,478.00 Paid 2nd Installment: $2,478.00 Due April 12, 2012 Exemption: $7,000.00 Land: $356,357.00 Improvements: $72,623.00 Personal Property: $0.00 Code Area: 13000 Assessment No: 401-363-06 3. Assessments, if any, for community facility districts affecting said land which may exist by virtue of assessment maps or notices filed by said districts. Said assessments are collected with the County Taxes. 4. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the revenue and taxation code of the State of California. 5. A) Covenants, Conditions and Restrictions, if any, appearing in the Public Records, deleting therefrom any restrictions indicating any preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin. B) Easements or servitudes appearing in the Public Records. C) Leases, grants, exceptions or reservations of minerals or mineral rights appearing in the Public Records. D) Loss or damage by reason of any violation, variation, encroachment or adverse circumstances affecting the title that would have been disclosed by an accurate survey. E) Homeowner Association assessments. 6. Deed of Trust to secure an indebtedness in the amount shown below, and any other obligations secured thereby: Amount: $417,000.00 Dated: January 11, 2011 Trustor: Omar Farooq Kim and Lana Karim, husband and wife as joint tenants Trustee: Advantage Title, Inc. Beneficiary: Mortgage Electronic Registration System, Inc. MERS is a separate corporation that is acting solely as a nominee for Just Mortgage, Inc., a California Corporation Recorded: January 21, 2011 as Instrument Number 2011000039720 of Official Records. Preliminary Report Page 3 210-1109035-20 7. In order to complete this report, this Company requires a Statement of Information to be completed by the following party(ies), Party(ies): All Parties The Company reserves the right to add additional items or make further requirements after review of the requested Statement(s) of Information. END OF SCHEDULE B Preliminary Report Page 4 210-1109035-20 ADVANTAGE TITLE, IN4 19500 Jamboree Road, 2nd Floor, Irvine, CA 92612 Toll Free: (877)365-9365 ext. 3623 Direct: (949)475-3623 Fax: (949)252-2466 Omni Fund 18021 Sky Park East Irvine, CA 92614 Attn: Heney Shihad Borrower: Omar Karim and Lana Karim Lenders supplemental report The above numbered report (including any supplements or amendments thereto) is hereby modified and/or supplemented in order to reflect the following additional items relating to the issuance of an American Land Title Association loan policy form as follows: A. This report is preparatory to this issuance of an American Land Title Association loan policy of title insurance. This report discloses nothing, which would preclude the issuance of said American Land Title Association loan policy of title insurance with endorsement No. 100 attached thereto. B. The improvements on said land are designated as: Single Family (Residential) 445 West Main Street, in the City of Tustin, County of Orange, State of California. C. The only conveyance(s) affecting said land recorded with 24 months of the date of this report are as follows: 1015910 Preliminary Report Page 5 210-1109035-20 Notes and Requirements Section Note 1: On July 1, 1985, Assembly Bill 3132 became effective. Assembly Bill 3132 adds and repeals portions of Sections 480.3 and 480.4 of the Revenue and Taxation Code of the State of California. The act requires the County Assessor and/or Recorder to make available a statutorily prescribed form entitled "Preliminary Change of Ownership Report". Said report must be completed by the buyer and filed concurrently with the recordation of the documents evidencing the change of ownership. Failure to present the Change of Ownership Report at the time of recordation will cause the County Recorder to charge an additional $20.00 penalty recording fee. The fee cannot be charged if the transfer document is accompanied by the affidavit stating that the buyer/transferee is not a resident of the State of California. This report is for official use only and is not open to public inspection. For further information, contact the Change of Ownership Section in the Assessor's Office located in the County of said property or the County Recorder's Office located in the County of said property. Note 2: Attached are Privacy Policy Notices in compliance with the Gramm -Leach -Bliley Act (GLBA) effective July 1, 2001. Please review said Notices regarding personal information. Note 3: The map attached hereto may or may not be a survey of the land depicted thereon. You should not rely upon it for any purpose other than orientation to the general location of the parcel or parcels depicted. This company expressly disclaims any liability for alleged loss or damage which may result from reliance upon this map. Note 4: The RESPA Rule to simplify and improve of obtaining mortgages and reduce consumer settlement cost includes a provision for average charges, allowing settlement service providers to establish an average recording fee. The average recording charge for all residential refinance transactions is $93.00 and the average recording charge for all residential resale transactions with financing is $89.00. The average charge is applied regardless of the number of documents recorded in the transaction, the number of pages in each document or the actual recording charges. If your transaction is not a residential loan or sale with a new loan, please contact your title provider for actual recording charges. These average recording charges are subject to change in the future without notice. Note 5: Part of the RESPA Rule to simply and improve the process of obtaining mortgages and reduce consumer settlement costs requires the settlement agent to disclose the agent and underwriter split of title premiums, including endorsements as follows: Line 1107 is used to record the amount of the total title insurance premium, including endorsements, that is retained by the title agent. Advantage Title, Inc. retains 89% of the total premium and endorsements. Line 1108 is used to record the amount of the total title insurance premium, including endorsements, that is retained by the title underwriter. Old Republic National Title Insurance Company retains 11 % of the total premium and endorsements. Notice Regarding Your Deposit of Funds California Insurance Code Sections 12413 et. Seq. Regulates the disbursement of escrow and sub -escrow funds by title companies. The law requires that funds be deposited in the title company escrow and sub -escrow accounts and be available for withdrawal prior to disbursement. Funds deposited with the Company by wire transfer may be disbursed upon receipt. Funds deposited with the Company via cashier's checks drawn on a California based bank may be disbursed the next business day after the day of deposit. If funds are deposited with by other methods, recording or disbursement may be delayed. All escrow and sub -escrow funds received by the Company will be deposited with other funds in one or more non-interest bearing escrow accounts of the Company in a financial institution selected by the Company. The Company and/or its parent company may receive certain direct or indirect benefits from the financial institution by reason of the deposit of such funds or the maintenance of such accounts with the financial institution, and the Company shall have no obligation to account to the depositing party in any manner for the value of, or to pay such party, any benefit received by the Company and/or its parent Company. Those benefits may include, without limitation, credits allowed by such financial institution on loans to the Company and/or its parent company and earnings on investments made on the proceeds of such loans, accounting, reporting and other services and products of such financial institution. Such benefits shall be deemed additional compensation of the Company for its services in connection with the escrow or sub -escrow. If funds are to be deposited with Advantage Title, Inc, by wire transfer, they should be wired to the following bank/account: Wiring Instructions for this Office City National Bank 1801 West Olympic Blvd., Los Angeles, CA 90006 Account No.: 013-635986 ABA No.: 122016066 Credit to the account of Advantage Title, Inc. Orange County Sub -Escrow Trust Account Reference Title Order No.: 210-1109035-20 and Cindy Spencer, Title Officer Preliminary Report Page 6 210-1109035-20 hL ADVANTAGE TITLE, INC 19500 Jamboree Road, 2nd Floor, Irvine, CA 92612 Toll Free: (877)365-9365 ext. 3623 Direct: (949)475-3623 Fax: (949)252-2466 WIRE INSTRUCTIONS Wire To: City National Bank 1801 West Olympic Blvd. Los Angeles, CA 90006 ABA/Routing No.: 122016066 Bank Account: 013-635986 Credit To: Advantage Title, Inc. Orange County Sub -Escrow Trust Account Reference Order No.: 210-1109035-20 Attention: Cindy Spencer, Title Officer Do not hesitate to contact the undersigned should you or your financial institution have any questions with regards to the information provided above. Sincerely, Cindy Spencer Title Officer cindy.spencer@title365.com Preliminary Report Page 7 210-1109035-20 PRIVACY POLICY NOTICE We are committed to safeguarding customer information; When we request information from you or about you, it is for our own legitimate business purposes and not for the benefit of any unaffiliated party; We use personal consumer information only for legitimate business purposes in a manner consistent with title insurance and escrow practices in compliance with applicable laws and regulations; We will obey the laws governing the collection, use, and dissemination of personal data; and We will endeavor to educate our employees on the responsible collection and use of personal information. PURPOSE OF THIS NOTICE Title V of the Gramm -Leach -Bliley Act ("GLBA") generally requires a financial institution (which term includes title insurers, underwritten title companies and those providing real estate settlement services) to disclose to all its customers the privacy policies and practices with respect to information sharing of consumer nonpublic personal information with both affiliates and non-affiliated third parties. In compliance with GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of Advantage Title, Inc. This disclosure does not apply to business, commercial or agricultural transactions. We may collect nonpublic personal information about you from the following sources: • Information we receive from you, such as on applications or other forms. • Information about your transactions we secure from our files, or from our affiliates or others. • Information we receive from a consumer -reporting agency. • Information we receive from others involved in your transaction, such as the real estate agent, lender, surveyor or appraiser. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. We may disclose any of the above information that we collect about our customers or former customers to our affiliates or to non-affiliated third parties as permitted by law. This includes, but is not limited to, financial service providers (e.g., banks, consumer finance lenders, securities and insurance companies, etc.), non-financial companies (e.g., settlement or fulfillment service providers, or title plant operated by a third party vendor). WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW. Preliminary Report Page 8 210-1109035-20 210-1109035-20 EXHIBIT "A" The land referred to in this Report is situated in the County of Orange, State of California, and is described as follows: Lot(s) 4 excepting therefrom the East 33 feet thereof and all of Lot 5 in Block H of a part of Tustin City, in the City of Tustin, County of Orange, State of California, as per map recorded in Book 4, Page(s) 218 and 219 Miscellaneous Maps, in the office of the County Recorder of said County. APN: 401-363-06 ISD WV 11:ZT:9 IIOZIb/OT :paTu!Jd Leaepuew :As paleaiD 110 T a6ed 9E-TOb V:bO :ate SE060TTTZ .JapJO 1­­�i ,14nd 0 0 •�•• ,illi. .ro• 52 , r<•. S NJ i d i — FIRST STREET N41 fr (sem• 1 lis ( I .O m; p Ip S. 1 1 °0 0 0 +o o I iDE---° IM ---� ;e o tb r �0 � p� 3, O O O O O SHG — -- 3 Y ss u n „. $n Z, SECOND STREET It- 0 0 •�•• ,illi. .ro• I r<•. q — r i d i I N41 fr (sem• 1 lis ( I .O m; p Ip S. 1 1 °0 0 0 +o o I iDE---° IM ---� ;e o (71 Z n THIRD : STREET a H ., m a m =AlAIN STREET =, —�- -. 37 s. h g P1T Q This map is for your aid in locating the subject property with reference to streets and other parcels. While this map is believed to be correct, ADVANTAGE TITLE, INC. and subsequent insurance companies, assume no liability for any loss occurred by reason of reliance thereon. Preliminary Report Page 10 210-1109035-20 ,illi. O I i d i I N41 fr 1 lis ( I .O m; p Ip S. 1 1 This map is for your aid in locating the subject property with reference to streets and other parcels. While this map is believed to be correct, ADVANTAGE TITLE, INC. and subsequent insurance companies, assume no liability for any loss occurred by reason of reliance thereon. Preliminary Report Page 10 210-1109035-20 EXHIBIT B (REVISED 11-17-06) CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (it) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel ofwhich the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant: (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability, of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to compty with the applicable doing business laws ofthe state in which the land is situated- '. -- Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. b 6. Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest of the insured tender. by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE - SCHEDULE B, PART I This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason ot: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2.Any facts, rights, interests, or claims that are not shown in the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4.Any encroachment, encumbrance, violation, variation, or adverse clrcumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the public records. CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10/22/03) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE EXCLUSIONS In addition to the Exceptions in Schedule B. You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes ordinances, laws and regulations concerning: a. building, b. zoning, c. Land use d. improvements on the Land, e. Land division, f, environmental protection. This Exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the Public Records at the Policy Date. This Exclusion does not limit the coverage described in Covered Risk 14, 15, 16, 17 or 24. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at the Policy Date, 3, The right to take the Land by condemning it, unless: a. a notice of exercising the right appears in the Public Records at the Policy Date; or b. the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they appear in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they appear in the Public Records at the Policy Date; c. that result in no loss to You; or d, that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, 8.d, 22, 23, 24 or 25. 5. Failure to pay value for Your Title. 6. Lack of a right: a. to any Land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b, in streets, alleys, or waterways that touch the Land, This Exclusion does not limit the coverage described in Covered Risk 11 or 18_ LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owners Coverage Statement as follows. • For Covered Risk 14, 15, 16 and 18, Your Deductible. Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Your Deductible Amount Our Maximum Dollar Limit of Lability Covered Risk 14: 1 % of Policy Amount or $2,500 (whichever is less) $10,000 Covered Risk 16: 1 % of Policy Amount or $6,000 (whichever is less) $25,000 Covered Risk 16: 1 % of Policy Amount or $5,000 (whichever is less) $25,000 Covered Risk 18; 1 % of Policy Amount or $2,500 (whichever is less) $5,000 AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6-1-87) EXCLUSIONS In addition to the Exceptions In Schedule 8, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: " land use ' improvements on the tend ' land division , environmental protection. This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it, unless: `a notice of exercising the right appears in the public records 'on the Policy Date 'the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking 3. Title Risks: 'that are created, allowed, or agreed to by you "that are known to you, but not to us, on the Policy Date - unless they appeared in the public records "that result in no loss to you `that first affect your title after the Policy Data - this does not limit the labor and matenat ken coverage in item 6 of Covered Title Risks 4. Failure to pay value for your title. 5. Lack of a right: *to any land outside the area specifically described and referred to in Item 3 of Schedule A OR "in streets, alleys, or waterways that touch your land. This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. ALTA LOAN POLICY (10-17-92) WITH ALTA ENDORSEMENT -FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage Of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to O the occupancy, use, or enjoyment of the land: (i) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except lathe extent that a notice of the exercise thereof or a notice old defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters:(a)cmated, suffered, assumed or agreed to by the insured claimant; (b)not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or to the extent insurance is afforded herein a$ to assessments for street improvements under construction or completed at Date of Policy);or(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related loins land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 7. Any claim creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or(th the subordination of the interest of the insured mortgagee as a result of the application of the doctrine or equitable subordination; or(iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure:(a)to timely record the instrument of transfer: or(b) of such recordation to impart notice to a purchaser for value or a judgement or lien creditor. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attomeys' fees or expenses) which arise by reason of: I. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records, 2. Any facts, rights, interests, or claims that are not shown in the Public Records but that could be ascertained by an inspection of the Land or that may he asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records, 4.Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (y are shown. by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the public records. 2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay toss or damage, costs, attorneys* fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to: (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (IV) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5, (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. Preliminary Report Page 11 210-1109035-20 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy,(c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13, or 14); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing -business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth -in -lending law. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is: (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records, This Exclusion does not modify or limit the coverage provided under Covered Risk 11(b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attomeys' fees or expenses) that arise by reason of: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown in the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the public records. ALTA OWNER'S POLICY (10-17-92) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions orlocation of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the tights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant;(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;(c)resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; Otte) resulting in loss or damage which would not have been sustained if the Insured claimant had paid value for the estate or interest insured by this policy. 4, Any claim, which arises out of the transaction vesting inthe insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (it) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgement or lien creditor. The above policy form may be issued to afford either Standard Coverage or Extended Coverage, In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage Policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown in the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water tights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the public records. 2006 ALTA OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: t, (a) Any law, ordinance, permft, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (1) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a)does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in foss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of: 1, (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown in the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records, 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the public records. ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (10/13/01)EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the Land; (iii) a separation in ownership or a change in the dimensions or areas of the Land or any parcel of which the Land is or was a part; or (iv) environmental protection, or the effect of any violation of these taws, ordinances or governmental regulations, except to the extent that s notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the Land has been recorded in the Public Records at Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 12, 13, 14, and 16 of this policy.(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the Land has been recorded in the Public Records at Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 12, 13, 14, and 16 of this policy. 2, Rights of eminent domain unless notice of the exercise thereof has been recorded in the Public Records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without Knowledge, 3.Defects, liens, encumbrances, adverse claims or other matters:(a) created, suffered, assumed or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;(c) resulting In no loss or damage to the Insured Claimant;(d) attaching or created subsequent to Date of Policy (this paragraph does not limit the coverage provided under Covered Risks 8, 16, 18, 19, 20, 21. 22, 23, 24, 25 and 26); or(e)resufting in loss or damage which would not have been sustained tithe Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of the Insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, the state in which the Land is situated, to comply with applicable doing business laws of 5. invalidity or unenforceability of the lien of the Insured Mortgage; or claim thereof, which arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, except as provided in Covered Risk 27, or any consumer credit protection or truth in lending law. 6. Real property taxes or assessments of any governmental authority which become a lien on the Land subsequent to Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 7, 8(e) and 26. 7. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This exclusion does not limit the coverage provided in Covered Risk 8. &.Lack of priority of the lien of the Insured Mortgage as to each and every advance made after Date of Policy, and all interest charged thereon, over liens, encumbrances and other matters affecting the title, the existence of which are Known to the Insured at:(a) The time of the advance; or(b) The time a modification is made to the terms of the Insured Mortgage which changes the rate of interest charged, if the rate Of Interest is greater as a result of the modification than it would have been before the modification, This exclusion does not limit the coverage provided in Covered Risk S. 9. The failure of the residential structure, or any portion thereof to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at Date of Policy. For large print please view at www.title365.com under menu option Resources. Preliminary Report Page 12 210-1109035-20 A, CERTIFICATE OF LIABILITY INSURANCE AAT EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. o9lzan/20/2DfYYYY) 011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. if SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Aon Risk Insurance Services West, Inc. 707 Wilshire Blvd. Suite 2600 Los Angeles CA 90017 CONTACT NAME: Stephanie Chu A!C No. Eli 213-630-2032 Net. 847-953-1823 E-aaAIL ste hanie.chU aon.com ADDRESS: P Q INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: Underwriters at Lloyd's, London 15792 INSURED Advantage Title, Inc. INSURER B: INSURER C: Advantage Title, Inc-, dba Title365 INSURER D: 19500 Jamboree Road INSURER E: Irvine CA 92612 INSURER F: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TR TYPE OF INSURANCE INSR WVD POLICY NUMBER MOWL DDIYYY MWODNYYY LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY _., -- CLAIMS-MADEOCCUR _._.� �------ _ EACH OCCURRENCE S DAMAGETOR'j]y'�j"""-- PREMISES Ea occurrence)S MED EXP (Any one person) S PERSONAL & ADV INJURY $ --_- GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: :.___.. ...__,I PROJ- POLICY (ECT !LOC PRODUCTS - COMPlOP AGG $ S AUTOMOBILE LIABILITY _.._., COMBINED SINGLE LIMIT (Ea accident] S ANY AUTO _ ___., ALL OWNED I SCHEDULED AUTOS , AUTOS HIREDAUTOSi NON -OWNED AUTOS , { llf --"""— BODILY INJURY (Per person) S INJURY (Per accident) S E EDDILY OPERTY DAMAGC- r accident) S S UMBRELLA LIAB ! OCCUR ,— EACH OCCURRENCE $ EXCESS UAB CLAIMS -MADE AGGREGATE $ DED! RETENTION $ $ WORKERS COMPENSATION ANDWC EMPLOYERS' LIABILITY YIN STATIJ i OTH- j TORY LIMITS i ER ANY PROPRIETORIPARTNERIEXECUTIVE( Lj OFFICERIMEMBER EXCLUDED? - _i (Mandatory in NH) It yes, describe under N i A E.L, EACH ACCIDENT S E.L. DISEASE � EA EMPLOYEE S E.L. DISEASE - POLICY LIMIT S DESCRIPTION OF OPERATIONS below A TitletClosing Agent & Title Abstracter Professional Liability SUA12577 09/30/2011 09/0112012 $2,000,000 Per Claim/Policy Aggregate $375,000 SIR Per Claim DESCRIPTION OF OPERATIONS 1 LOCATIONS f VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Evidence of Professional Liability (errors & omissions) insurance only. Insured Locations: 19500 Jamboree Rd., 2nd Floor, Irvine, CA 92612; 8880 Rio San Diego Dr., #102, San Diego, CA 92108; 43422 Business Park Dr., #106 & 4110, Temecula, CA 92590; 4195 E. Thousand Oaks Blvd., #107, Westlake Village, CA 91362; 8D1 N. Brand Blvd., #320, Glendale, CA 91203; 7095 Indiana Ave., #120, Riverside, CA 92504; 78-100 Main St„ #209, La Quinta, CA 92253; 2603 Maitland Center Parkway, #C, Mailand, FL 32751 and 2111 Palomar Airport Road, Suite 130, Carlsbad, CA 92011. Advantage Title, Inc. Advantage Title, Inc., dba Title365 19500 Jamboree Road Irvine CA 92612 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. I t Aon Risk lnsdrance �etvices'Vde§t'�Incti.. I °`/ (-�"" ©`:p988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2014105) The ACORD name and l000 are registered marks of ncrmn CERTIFICATE OF LIABILITY INSURANCE DATE (MIAIDD,YYYY} THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS `v CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terns and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s), PRODUCER Aon Risk Insurance Services West, Inc. - 707 Wilshire Blvd. - CONTACT Stephanie Chu NAME: ac No £,t: 233-630-2032 FAC 847-953-1823 AIC No: aOn.COm ADDRESS: stephania.chu@aon.com Suite 2600 INSURER(S)AFFORDIWCOV51RAIGGENA)CLos Angeles CA 90017 .- INSURER A; Underwriters at Lloyd;, INSURED Advantage Title, Inc. INSURER S: INSURER C: Advantage Title, Inc., dba Titie365 19500 Jamboree Road INSURER D: INSURER E; Iry€ne CA 92612 INSURER F: r�r�mocrc: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR NSR ADDLSUER Advantage Title, Inc., dba Tille365 TYPEOFINSURANCE INSR WVD POLICYNUMBER MM7DDlYYYY MMIDDIYYYY LIMITS 'GENERAL_ 1 LIABILITY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ RE oc currents $ ._.., I-.....iCLAiMSMAOE OCCUR MED EXP (Any on. persan}. $ PERSONAL & ADV INJURY S GENERAL. AGGREGATE - S GEN'LAGGREGATE LIMl7 APPLIES PER: C! ECTOJ �. _,.I PRODUCTS -COMPIOP AGO $ POLICY ff`1 �, LOC AUTOMOBILE LIABILITY I IMIT ANY AUTO (Ea accident) $ BODILY INJURY(Perperson) $ , -'--- ALLOWNED --'-: SCHEDULED AUTOS AUTOS—� HIRED ALI.Os NON�CWNE,D - BODILY INJURY (Par accident) $ —^- PROPERTY DAMAGE (Peraccideni) $ _ AUTOS -i - - $ UMBRELLA UAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS -MADE AGGREGATE !. DED; RETENTION $ - - - - $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y f N TORY LIMITS i i ER ANY PROPRIETCR/PARTNER/EXECUTIVE', OFFICER/MEMBER EXCLUDED? N/A EL. EACH S (Mandatory in NH) 1t yes, he under _ E.L. Di5FA5E EA EMPLOYEE $ E.L. DISEASE • POLICY LIMIT S I DESCRI(PTIPTI ON OF OPERATIONS below Title Agent/Title Abstractor/Closing $1,000,000 Limit/$250,000 Deductible (D) A Agent Band SUA4240 09130/2011 0910112012 $1,000,000 Limii!$250,000 Deductible (E) $1,000,000 Limiti$25,000 Deductible (G) DESCRIPTION OF OPERATIONS t LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) - Evidence of insurance only. - - - Insured Locations: 19500 Jamboree Rd., 2nd Floor, Irvine, CA 92612; 8880 Rio San Diego Dr., 4102, San Diego, CA 92108; 43422 Business Park Dr., #108 & #110, Temecula, CA 92590; 4195 E. Thousand Oaks Blvd., #107, Westlake Village, CA 91362; 801 N. Brand Blvd., #320, Glendale, CA 91203; 7095 Indiana Ave., #120, Riverside, CA 92504; 78-100 Main St., #209, La Ouinta, CA 92253; 2603 Maitland Center Parkway, #C, Mailand, FL 32751 and 2111 .Palomar Airport Road, Suite 130, Carlsbad, CA 92011. - - rconcrr•nrc u 4c9 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and loge are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Advantage Title, Inc. THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Advantage Title, Inc., dba Tille365 ACCORDANGE)MITH THE POLICY PROVISION - 29500 Jamboree Road �Y AUTHO (ZED REP ESENTA VE Irvine CA 52812 Aon Risk ltiaur5ncaf aIces West, nc 4c9 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and loge are registered marks of ACORD Statement of Information (Confidential) Note: This form is needed in order to eliminate judgments and liens against people with similar names The street address of the property in this transaction is: (if none, leave blank) Address City Occupied by: ❑ Owner ❑ Tenants ❑ Lessee ❑ Single Residence ❑ Multiple Residence ❑ Commercial ❑ Vacant Land Any construction/improvements in last 6 months? ❑ Yes ❑ No Is any portion of new loan to be used for improvements? ❑ Yes ❑ No If yes, state nature of work done or contemplated Party 1 Party 2 First Former last name(s), if any Birthplace Social Security No. Middle Last Birth bate Driver's License No. 1 ❑ am single ❑ am married ❑ Have a domestic partner Name of current spouse or domestic partner (if other than Party 2) First ormer last name(s), if any Birthplace le Last Birth Date Social Security No. Driver's License No. I ❑ am single ❑ am married ❑ Have a domestic partner Name of current spouse or domestic partner (if other than Party Name of former spouse/domestic partner (if none, write"none") Name of former spouse/domestic partner (if none, write "none") Marriage or Domestic Partnership Between Parties 1 and 2 Are Parties 1 & 2: Married? Domestic Partners? Date of Marriage/Domestic Partnership: Party 1 — Occupations for Last 10 Years Present Occupation Firm Name Address No. of Years Prior Occupation Firm Name Address No. of Years Party 1 — Residences for Last 10 Years Number and Street City and State From To Party 2 — Occupations for Last 10 Years Present Occupation Firm Name Address No. of Years Prior Occupation Firm Name Address No. of Years Party 2 — Residences for Last 10 Years Number and Street City and State From To Have any of the above parties owned or operated a business? ❑ Yes ❑ No If so, please list names I have never been adjudged, bankrupt nor are there any unsatisfied judgments or other matters pending against me which might affect my title to this property, except as follows: The undersigned declare under penalty of perjury that the above information is true and correct. (all parties must sign) Date Signature Signature Home Phone Work Phone Home Phone Work Phone Email Address Email Address ATTACHMENT RESOLUTION NO. 4193 RESOLUTION NO. 4193 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN APPROVING CONDITIONAL USE PERMIT 2011-21 AND DESIGN REVIEW 2011-09 TO CONSTRUCT A SINGLE STORY DETACHED ACCESSORY BUILDING TO BE USED AS A GUEST HOUSE AT 445 WEST MAIN STREET. The Planning Commission of the City of Tustin does hereby resolve as follows: The Planning Commission finds and determines as follows: A. That a proper application for Conditional Use Permit (CUP) 2011-21 and Design Review (DR) 2011-09 was filed by Omar and Lana Karim, property owners, requesting authorization to construct a proposed single story detached accessory building to be used as a guest house. B. That the site is designated as Low Density Residential by the City General Plan and is zoned as Single-family Residential (R-1), where the use of an accessory building as a guest house is a conditionally permitted use. The site is also located within the Cultural Resource Overlay District (CR) where a Certificate of Appropriateness will be necessary at the time of building permit issuance to certify that all work undertaken does not adversely affect the character of the historic district. C. Design Review is required for construction of new structures, which includes review of the site plan and elevations. The Community Development Director deferred consideration of the Design Review application to the Zoning Administrator for concurrent review with the Conditional Use Permit application. D. 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. E. That a public hearing was duly called, noticed, and held for Conditional Use Permit 2011-21 and Design Review 2011-09 on January 30, 2012, by the Zoning Administrator. F. That the Zoning Administrator has the authority to consider the request for an accessory building to be used as a guesthouse pursuant to Section 9299b(3)(i) of the Tustin City Code. G. That on January 30, 2012, the Zoning Administrator adopted Zoning Administrator Action 12-002, approving Conditional Use Permit (CUP) 2011-21 and Design Review (DR) 2011-09, authorizing the construction of Planning Commission Resolution No. 4193 CUP 2011-21 and Design Review 2011-09 445 W. Main Street Page 2 a single story detached accessory building to be used as a guest house at 445 West Main Street. H. That the applicant/property owner appealed the Zoning Administrator's decision on February 9, 2012. That the appeal specifically requests the removal of Condition 2.2 of Zoning Administrator Action 12-002, which requires the property owner to execute and record a deed restriction to ensure that no part of the residence or the detached guest quarters is to be used or leased as a second unit. J. That pursuant to Tustin City Code Section 9294b, the appeal hearing before the Planning Commission is de novo. K. That a public hearing was duly called, noticed, and held for the appeal of Conditional Use Permit 2011-21 and Design Review 2011-09 on March 13, 2012, by the Planning Commission. L. That the establishment, maintenance, or operation of the proposed guesthouse 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 property is zoned single-family residential (R-1) where Tustin City Code Section 9223b2 allows for guesthouses, provided that no cooking facility is installed or maintained and no compensation in any form is received or paid, with the approval of a Conditional Use Permit. 2) The use and design of the proposed guesthouse, as conditioned, would not be detrimental to surrounding properties in that the proposed structure will be used for residential purposes, and will comply with all applicable development standards of the R-1 zoning district pertaining to accessory buildings used as a guesthouse. 3) The use, as conditioned, would not be detrimental to surrounding residents or properties since the use would be limited to a guesthouse, which is accessory to a single-family residence, and will be used in conjunction with the main residence. The property owner would not be permitted to lease or rent the accessory guesthouse. 4) The design of the guesthouse ensures that it will be accessory to the main residence. The placement of the building towards the rear of the lot is consistent with the predominant land use pattern in the area. In addition, the design of the guesthouse will be consistent with the Planning Commission Resolution No. 4193 CUP 2011-21 and Design Review 2011-09 445 W. Main Street Page 3 features of the existing main residence by matching the materials and colors, roof materials, and multi -paned windows. 5) The guesthouse is located towards the rear portion of the property approximately 123 feet or more from the front property line along Main Street. Views of the guesthouse from Main Street will be obscured by the existing main house, attached garage, fences, and landscaping. 6) The guesthouse will not adversely affect the character of the District or historic structures within the District in that the design, materials, location, size, scale, and massing of the proposed structure will be compatible with the main residence, and the proposed structure meets all Tustin City Code requirements pertaining to accessory buildings used as guest rooms. 7) The requirement for the deed restriction is necessary for the following reasons: • The deed restriction is the most effective means of ensuring that the accessory guest house is not used or leased as a second unit. Further, the site does not qualify for a second residential unit, as the size of the lot does not exceed the minimum lot size of 12,000 square feet required for a second unit, nor are two additional parking spaces provided; • The deed restriction notifies lenders, insurers, and future owners. According to the preliminary title report, the property is single family residential; • There is an existing unpermitted studio apartment attached to the main residence on the premises that was used as a rental and that is required to be removed pursuant to Condition 2.10. In addition to the zoning violation, the property has been assessed as a single family residence since at least 1989; • The condition requiring the deed restriction has been a standard for approximately (30) years. The owners of the twelve properties which have been approved to have accessory guest rooms in Tustin in the past thirty (30) years have executed and recorded deed restrictions with the approval of accessory guest rooms; • A precedent would be set if the requirement for a deed restriction is waived. If the Planning Commission is desirous of considering rentals on smaller lots in single family residential districts, the potential impacts and zoning should be analyzed citywide, and policy direction should be provided by the City Council; and, • The deed restriction reduces the likelihood of Illegal residential units, which have potentially negative impacts on the community such as excessive street parking impacts and unmitigated Planning Commission Resolution No. 4193 CUP 2011-21 and Design Review 2011-09 445 W. Main Street Page 4 impacts on public facilities, services, and park use, and impacts on other infrastructure such as water and sewer service. M. That pursuant to Section 9272(c) of the Tustin City Code, the Planning Commission finds that, as conditioned, the location, size, architectural features, and general appearance of the proposed structure will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole in that the design of the accessory building ensures that it will be accessory to the main residence. The placement of the building is consistent with the predominant land use pattern in the area of single-family residences. In addition, the design of the accessory building will be consistent with the features of the tract ranch architecture of the existing main residence by matching the materials and colors, roof material, and multi -paned windows. In making such findings, the Planning Commission has considered at least the following items: i. Height, bulk, and area of buildings; ii. Setbacks and site planning; iii. Exterior materials and colors; iv. Type and pitch of roofs; v. Size and spacing of windows, doors, and other openings; vi. Physical relationship of proposed structures to existing structures in the neighborhood; vii. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares; and viii. Development guidelines and criteria as adopted by the City Council. N. 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). The Planning Commission hereby approves Conditional Use Permit 2011-21 and Design Review 2011-09 to authorize the construction of a proposed single story detached accessory building to be used as a guest house, subject to the conditions contained within Exhibit A attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting held on the 13th day of March, 2012. JEFF R. THOMPSON Chairperson ELIZABETH A. BINSACK Planning Commission Secretary Planning Commission Resolution No. 4193 CUP 2011-21 and Design Review 2011-09 445 W. Main Street Page 5 STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN 1, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4193 was passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 13th day of March, 2012. ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A RESOLUTION NO. 4193 CONDITIONAL USE PERMIT 2011-21 DESIGN REVIEW 2011-09 CONDITIONS OF APPROVAL r.FNFPAI 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped March 13, 2012, 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 2011-21 and Design Review 2011-09 is contingent upon the applicant/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 Any violation of any of the conditions imposed is subject to the issuance of an Administrative Citation pursuant to Tustin City Code Section 1162(a). (1) 1.6 If the use is not operated in accordance with Conditional Use Permit 2011- 21, 011-21, or is found to be a nuisance or negative impacts are affecting the surrounding residents or neighborhood, the Community Development Director shall impose additional conditions to eliminate the nuisance or 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. 4193 Page 2 negative impacts, or may initiate proceedings to revoke the Conditional Use Permit. (1) 1.7 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) 1.8 As a condition of approval of Conditional Use Permit 2011-21 and Design Review 2011-09, 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. (1) 2.1 The property is authorized as a single-family residential use only. Home businesses shall comply with the City of Tustin's Home Occupation requirements. (***) 2.2 Use of any accessory building/guesthouse or attached room(s) as a second unit or boarding house is not permitted. 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 or the residence or the detached guest quarters 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. (1) 2.3 No cooking or kitchen facilities may be installed in the accessory guest room and no compensation in any form shall be received. At building plan check, a note to this effect shall be provided on the plans. (5) 2.4 At building plan check, the site plan shall depict the existing footprint of the single family residence and the footprint with the proposed attached additions to the single family residence. Exhibit A Resolution No. 4193 Page 3 (5) 2.5 At building plan check, the plans shall include an accurate calculation of total lot coverage (main structure, garage, proposed guest house, etc.) and a breakdown of total area of each component, including separate calculations for lot coverage with the existing residence and with the proposed attached additions to the residence. (5) 2.6 At building plan check, the floor plan and elevations shall be consistent. Windows depicted on the floor plan need to be shown on the elevations, and vice -versa. (1) 2.7 A Certificate of Appropriateness, issued by the Director of Community Development, will be required at the time of building permit issuance. (5) 2.8 At building plan check, the location(s) of any existing accessory structures and whether they are proposed to remain or be demolished shall be indicated on the plans. Detached structures shall be separated by a minimum distance of ten (10) feet. (4) 2.9 The roof material of the proposed accessory guest house shall match the approved proposed roof material of the existing main residence if the roof of the main residence is reconstructed, or match the existing roof material to the greatest extent feasible if the roof material of the existing residence is not changed. (***) 2.10 Prior to building permit final for the proposed accessory guest house, the existing kitchen and associated plumbing in the existing unpermitted studio apartment within the existing single family residence shall be completely removed and shall not be reinstalled. PLAN SUBMITTAL (1) 3.1 At the time of building permit application, the plans shall comply with the 2010 Edition State and the City of Tustin adopted codes: California Residential Code, California Electrical Code, California Plumbing Code, City Ordinances, and State and Federal laws and regulations. PUBLIC WORKS (1) 4.1 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. (1) 4.2 Prior to issuance of a building permit, the applicant shall provide written approval from the Orange County sanitation District for the change in use. Exhibit A Resolution No. 4193 Page 4 (1) 4.3 Construction and Demolition Waste Recycling and Reduction Plan (WRRP): A. The applicant/contractor is required to submit a WRRP to the Public Works Department. The WRRP must indicate how the applicant will comply with the City's requirement (City Code Section 4351, et al) to recycle at least 50% of the project waste material. B. The applicant will be required to submit a $50.00 application fee and a cash security 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 percent of the project's valuation. C. Prior to issuance of a building permit, the applicant shall submit 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) 5.1 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 • All applicable Transportation Corridor Agency fees • School Fees (1) 5.2 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 that applicant has not delivered to the Community Development Department the above -noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened.