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HomeMy WebLinkAboutPC RES 4193RESOLUTION 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. N. 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 Gity 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 far 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 asingle-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 mast 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 accessary guest rooms; • A precedent would be set if the requirement fora 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 13t" day of March, 2012. - ~ ti CHUCK PUCKETT Chairperson Pro Tem __ 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 ) I, 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 13t" day of March, 2012. ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A OF RESOLUTION NO. 4193 EXHIBIT A RESOLUTION N0.4193 CONDITIONAL USE PERMIT 2011-21 DESIGN REVIEW 2011-89 CONDITIONS OF APPROVAL GENERAL (1) 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, 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. PLANNING (1) 2.1 The property is authorized as asingle-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, rental unit/room or boarding house is not permitted. Prior to the issuance of building permits, the property owner shat! 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, rental unit/ room. 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 Exhibit A Resolution No. 4193 Page 4 approval from the Orange County sanitation District for the change in use. (1) 4.3 Construction and Demolition Waste Recycling and Reduction Plan (WRRP): A. The applicantlcontractor 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°l0 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.