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HomeMy WebLinkAboutPC RES 4225RESOLUTION OF • • OF REDUCE NINE CITY OF TUSTIN, APPROVING VARIANCE 2013-01 TO REQUIRED NUMBER OF GARAGE PARKING -. O. . SINGLE FAMILY i • A i A PARKER i- BEDROOMS F-• j THREE • GARAGE ♦ • GARAGE. The Planning Commission does hereby resolve as follows: The Planning Commission finds and determines as follows: A. That a proper application for Variance 2013 -01 was filed by Eric Garcia requesting authorization to construct an approximately 434 square foot fifth bedroom addition and reduce the required number of garage parking spaces for a single family residence located at 17482 Parker Drive with five (5) bedrooms from a three (3) car garage to the existing two (2) car garage for a residence. B. That the site is designated as Low Density Residential by the City General Plan and is zoned as Single Family Residential (R -1). The project is consistent with the Air Quality Sub - element of the City of Tustin General Plan. C. That a public hearing was duly called, noticed, and held for Variance 2013 -01 on May 14, 2013, by the Planning Commission. D. That the Planning Commission has the authority to grant or deny a permit (variance) to modify the application of the restrictions established by the Zoning Code pursuant to Section 9292e of the Tustin City Code. E. That in accordance with California Government Code Section 65906 and pursuant to Tustin City Code Section 9292, the granting of Variance 2013 -01 would not constitute the granting of a special privilege not afforded to other properties in the vicinity and identical zoning district of the subject property and that there are special circumstances existing on the subject property in that: 1) The subject property has a special circumstance due to the narrow lot width (40 feet) at the front of the property which does not lend itself well to accommodating a three (3) car garage. r 2) The majority of lots located on cul -de -sacs within the same � 0,01 housing track have been developed with two (2) car garages; thereby, maintaining the existing two (2) car garage would preserve the character of the cul -de -sac and the neighborhood. Resolution No. 4225 Page 2 3) The applicant has expanded the existing garage under previous permits to its maximum capacity in width in accordance with the ON required side yard setback applicable to the property. 4) The existing garage space meets the intent of the City's Parking Ordinance by accommodating three (3) vehicles within a fully enclosed garage. 5) Solutions to providing a third car garage at the subject property meeting the standards of the City's Parking Ordinance are less than desirable and would have a negative impact on the aesthetics of the neighborhood. 6) The proposed ground floor bedroom addition is necessary to accommodate an elderly family member who has difficulty accessing the second floor bedrooms. As such, consistent with the City's policy and in compliance with the federal and State Fair Housing law, reasonable accommodation is provided to ensure equal access to housing. 7) The residence historically maintained five (5) bedrooms prior to the adoption of Ordinance No. 1354 (Parking Ordinance) which enacted the requirement of a three (3) car garage for single family C-7 M residences with five (5) or more bedrooms. The proposed V bedroom addition would maintain the historical bedroom count of .1 five (5) bedrooms. F. This project is Categorically Exempt pursuant to Sections 15301 (Class 1) and 15305 (Class 5) of the California Code of Regulations (Guidelines for the California Environmental Quality Act). 11. The Planning Commission hereby approves Variance 2013-01 authorizing a reduction in the required number of garage parking spaces for a single family residence located at 17482 Parker Drive with five (5) bedrooms from a three (3) car garage to the existing two (2) car garage 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 on the 14th day of May, 2013. 01 -Y,� A'A V, OZAK Chairp son ELIZABETH A. BINSACK Planning Commission Secretary Resolution No. 4225 Page 3 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. 4225 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 14th day of May, 2013. ELIZABETH A. BINSACK Planning Commission Secretary 01- 110 -k EXHIBIT A RESOLUTION NO. 4225 VARIANCE 2013-01 CONDITIONS OF APPROVI 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped May 14, 2013, on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. The Director of Community Development may also approve subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code. (1) 1.2 This approval shall become null and void unless the use is established within twelve (12) months of the date of this Exhibit. Time extensions may be granted if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.3 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified, subject to review and approval by the Community Development Department. (1) 1.4 Approval of Variance 2013-01 is contingent upon the applicant and property owner signing and returning to the Community Development Department a notarized "Agreement to Conditions Imposed" form and the property owner signing and recording with the County Clerk-Recorder a notarized "Notice of Discretionary Permit Approval and Conditions of Approval" form. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. (1) 1.5 Any violation of any of the conditions imposed is subject to issuance of an administrative citation pursuant to TCC 1162(a). (1) 1.6 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. (1) 1.7 As a condition of approval of Variance 2013-01 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 SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODEIS (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION Exhibit A Resolution No. 4225 VAR 2013 -01 Page 2 1007 1111; OEM 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 filed against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in defense of any such action under this condition. USE RESTRICTIONS ( * *") 2.1 The residence shall not exceed the historical bedroom count of five (5) bedrooms. In addition, Variance 2013 -01 is particular to the proposed use of the ground floor fifth bedroom addition by an elderly member of the household; thereby providing reasonable accommodation. (1) 2.2 The fifth bedroom addition shall not be rented out and no compensation in any form shall be received in conjunction with the use. Use of the fifth bedroom addition as a second unit or boarding house is not permitted. BUILDING (1) 3.1 At the time of building permit application, the plans shall comply with the current edition of the codes (2010 California Building Standards Code), City Ordinances, State, Federal laws, and other regulations as adopted by the City Council of the City of Tustin. FEES (2) 4.1 Within forty -eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of fifty dollars ($50.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty -eight (48) hour period the applicant has not delivered to the Community Development Department the above -noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened.