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HomeMy WebLinkAboutZA Action 13-008DR 2013-005 AND MA 2013-04 230 S. PROSPECT AVENUE The Zoning Administrator finds and determines: A. That, a proper application for Design Review 2013-005 and Minor Adjustment 2013-04 (DR 2013-005 and MA 2013-04) were filed by property owner Peter Kroko to partially demolish fire damaged areas and restore an existing residential structure (rated 5D1) and detached single-car garage at 230 S. Prospect Avenue; B. That the site is designated as Old Town Commercial (OTC) by the City General Plan and is within the Central Commercial District (C2) and is within the Cultural Resource Overlay (CR) District; C. That the residential use and structure is considered a legal nonconforming structure and use in accordance with Tustin City Code (TCC) 9273 Legal Nonconforming Structures and Uses and due to the extensive fire damage, in order to restore the residence, provisions set forth in TCC 9273 Legal Nonconforming Structures and Uses must be met. In order to determine whether a structure may be restored and used at the site, the cost to restore the structure at the time of the fire must be determined not to exceed fifty percent (50%) of its replacement value. Findings can be made as follows: 1. Based on the latest Marshall Valuation Data (August 2012), the replacement value of the 1,072 square foot structure is approximately $224,000 (considering a 10% adjustment for inflation). The applicant has indicated that repair and reconstruction will be approximately $104,500 which is less than 50% of the replacement value. Therefore, the residential structure can be reconstructed and the use reestablished at the site. D. That, legally established structures and uses listed on the City's Historical Resources Survey may be enlarged, extended, reconstructed, or structurally altered in accordance with the provisions of Section 9264b and 9271 p of the TCC. E. That, in accordance with TCC 9264b Historic Resource Residential Parking, a two-car garage is required on the property unless the findings for the Historic Residential Parking pursuant to TCC 9264b and a Minor Adjustment (TCC SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENTS (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) CALIFORNIA BUILDING CODEIS (7) PC/CC POLICY (4) DESIGN REVIEW EXCEPTIONS Zoning Administrator Action 13-008 DR 2013-005 and MA 2013-04 Page 2 9299c(3)) is obtained. Approval • a Minor Adjustment can be made in th the following circumstances are found to apply- i 1. The adjusted decrease is for parking that serves a residence that is currently listed or is qualified to be listed in the City's Historical Resources Survey. The residential structure was constructed in about 1915 and rated 5D1 in the 2003 Tustin Historical Survey (Attachment B) 2. A minimum single-car garage is provided on-site. A detached single-car garage is proposed for reconstruction in the existing garage location. 3. Providing a new garage space or access to a new garage could result in the significant alteration or demolition of any historic structure or resource listed or eligible to be listed in the City's Historical Resources Survey including historic garages that contribute to the listing of the structure or resource. A second garage space is not feasible based on the shape of the lot and location of the house on the lot. The lot is not rectangular in shape; instead there is a 1,000 square foot portion of the northwest side of the lot that belongs to the neighboring commercial property to the north. Therefore, a standard two-car garage could not be feasibly accommodated nor could it provide sufficient maneuvering area. Furthermore, an extended driveway is provided along the north side of the residential structure which can accommodate multiple vehicles. 4. New increases in square footage would not exceed one hundred fifty percent (15091o) of the square footage of the structure that legally existed as of the date of adoption of this Ordinance; and, the total gross floor area of the residence does not exceed two thousand (2,000) square feet, including any detached habitable space (e.g. guest house, etc.). The existing residence and proposed reconstructed residence is 1,157 square feet. No additional habitable space is located on-site. Therefore, the project does not exceed the requirement. 5. The required number of parking spaces can be accommodated off - street outside of a fully enclosed garage within an existing legal driveway, tandem space, carport, etc. Zoning Administrator Action 13-008 DR 2013-005 and MA 2013-04 Page 3 The detached single-car garage is located behind the residence on the north property line. Access is provided from the front of the property on South Prospect Avenue. An existing driveway (8 ft x 60 ft) can accommodate multiple vehicles on the property. 6. The adjusted decrease is granted as a means to preserve the integrity of the historic structure. The adjusted requirement will maintain the historic integrity of the residential structure in that it will be reconstructed in substantially the same location with the same architecture and using consistent materials to the residential structure thereby maintaining historic integrity. 7. That the design of the modification to the historic resource will be a positive contribution to the community. As indicated above, the residential structure and the single-car garage will be reconstructed in substantially the same location with the original architecture and compatible materials and colors. This will maintain the positive contribution to the historic Old Town community. 8. The adjusted decrease is not associated with the addition of a second residential unit as authorized in Section 9222 and 9223 of this Code. No second residential unit is proposed on-site. F. That, in accordance with 9299c3 Zoning Administrator, Minor adjustments shall be granted only when such adjustments are found to be in conformance with the General Plan and when, because of special circumstances applicable to the property, including size, shape, topography, or surroundings, the strict application of the Zoning Ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. Any minor adjustment granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and district in which the subject property is situated. The findings may be supported by the following: 1. The General Plan Land Use designation of the project site is Old Town Commercial (OTC). This designation includes retail, professional office, and service-oriented business activities which serve Old Town and surrounding areas. Other uses such as residential uses which support this land use may be permitted subject to the discretion of the Zoning Administrator Action 13-008 DR 2013-005 and MA 2013-04 Page 4 City. Specifically, Policy 10.2: Review and consider the possible development of residential uses in the Old Town area both as individual residential projects, and integrated above ground floor retail and office uses,- 2. The residential use was established at this location in 1915, prior to the City's incorporation (in 1927). Other residential uses with single-car garages exist within the OTC, including the single family residence with single-car garage located adjacent to the project site. Therefore, the proposal to maintain the residential use with a single-car garage at this site is consistent with the General Plan; 3. Strict application of the Zoning Ordinance would deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification in that the residential use and single- car garage is the same as the adjoining residential use located to the south of the subject property. The fire burned much of the existing historic residential structure and completely destroyed the single-car garage. Due to the odd shape of the lot, construction of a new two-car garage with access from the street is infeasible. However, the intent of the parking regulations is preserved in that a detached single-car garage is proposed for reconstruction in the existing garage location. The adjusted requirement will maintain the historic integrity of the residential structure in that it will be reconstructed in substantially the same location with the same architecture and using consistent materials to the residential structure thereby maintaining historic integrity; and 4. The parking provided will be sufficient to serve the single family residential use intended in that the single-car garage has been expanded to accommodate a standard vehicle. Furthermore, there is a driveway which extends the length of the house which will accommodate several additional vehicles. G. That, pursuant to TCC 9271 p, In the Single Family Residential (R-1), Duplex Residential (R2), and Multiple Family residential (R3) zoning districts, the minimum required side or rear yard setback for side or rear yard additions to existing structures that are listed on the City's Historic Resources Survey (including accessory structures except garages identified in the City's Historic Resources Survey) shall be the same as the adjacent elevation of the existing side or rear yard setback of the original structure if the setback is less than the minimum setback required in the applicable residential district provided the requirements of the California Building Code can be met and emergency access can be maintained. F: I MOT- DR 2013-005 and MA 2013-04 Page 5 The proposed project is to reconstruct the single family structure and single- car garage in the same location. The residential structure will be same size and in the same footprint. The single-car garage will be expanded to an interior 10' x 20' to accommodate a standard vehicle and a popout will be incorporated on the south side of the garage to accommodate a washer and dryer. Setbacks to the property lines will remain the same for both structures. The property is zoned C2, therefore, this setback provision does not apply to the project proposal. H. That, in accordance with TCC 9252h Required Findings for Construction or Alteration, a Certificate of Appropriateness is required prior to construction of improvements within a designated Cultural Resources District requiring a City building permit. The required findings for both the resource and district shall be made. 1. Alteration of a designated cultural resource: a) The proposed work will not detrimentally alter, destroy or adversely affect the resource and, in the case of a structure, is compatible with the architectural style of the existing structure. The proposed reconstruction will not adversely affect the resource in that the structures (residence and single-car garage) have been designed in the same Late Colonial Revival architecture as the original residence and garage. Materials and colors proposed for the structures are high quality and are consistent with the existing residence. Therefore, the reconstruction will not adversely affect the resource. b) The proposed modification will retain the essential elements which make the structure, site or feature culturally significant The proposed reconstruction will retain the essential elements which make the structure culturally significant in that the fagade and front entry of the residence was saved from the fire. These elements, including the low pitched roof and a front facing gable, the existing porch with columns and railing with balustrades which extend the full length of the front fagade will be repaired in kind. The existing horizontal narrow siding will be repaired and reused where salvageable. Therefore the essential elements will remain on the structure thereby preserving the cultural resource. 2. Construction of improvements in a Cultural Resource District. a) The proposed work conforms to the Municipal Code and design standards which may be established from time to time by the Historic Resource Committee. Zoning Administrator Action 13-008 DR 2013-005 and MA 2013-04 Page • The reconstruction conforms to the City's Cultural Resource District Residential Design Guidelines. The following excerpts apply to the reconstruction of the residence: "Rehabilitation efforts should retain and restore original elements of the house. If damage or deterioration is too severe, the element might be recreated using materials which match the design, color, texture and other important design features". "Colonial Revival - Types of siding and all trim, windows, and other decorative elements may be painted in a wide array of colors. Paint colors [for Colonial Revival were] generally of a muted tone, not bright or bold, and are either light or dark, muted medium tones were not used. Color combinations are generally light and dark, with one on the main body of the building and the other on the trim." As indicated in 9252hl a and b, the materials and colors proposed will be consistent with the Late Colonial Revival architecture. The reuse and reconstruction utilizing salvageable materials and matching the existing colors will further the consistency with the Old Town area by incorporating the historic features back into the structures. b) The proposed work does not adversely affect the character of the district or Designated Cultural Resources within the district. The proposed project is compatible with surrounding structures and uses within the Old Town area. The existing fagade will be repaired and will retain the original features including the existing porch with columns and railing with balustrades. The reconstruction will be essentially the same as the original structure and will be finished with the existing neutral green color on the residential structure and single- car garage. c) The proposed work is harmonious with existing surroundings. The extent of harmony shall be evaluated in terms of appropriateness of materials, scale, size, height, placement and use of a new building or structure in relationship to existing buildings and structures and the surrounding setting. The reconstructed residence and single-car garage will be substantially the same as the original structure. The exception is the minor expansion of the garage in order to accommodate an interior space of 10' x 20' and a popout for a washer and dryer. Therefore, the scale, size, height, placement and use of the new buildings are compatible with the surrounding setting. DR 2013-005 and MA 2013-04 Page 7 That, in accordance with TCC 9299b3(d) Design review applications may be approved only if such applications are found to be in conformance with the General Plan and if the location, size, architectural features and general appearance of the proposed development will not impair the orderly and harmonious development of the area, the present or future development therein, the occupancy thereof, or the community as a whole. In making such findings, the following items shall be considered: 1. Height, bulk and area of buildings 2. Setbacks and site planning 3. Exterior materials and colors 4. Type and pitch of roofs 5. Size and spacing of windows, doors and other openings 6. Towers, chimneys, roof structures, flagpoles, radio and television antennas 7. Landscaping, parking area design and traffic circulation 8. Location, height and standards of exterior illumination 9. Location and appearance of equipment located outside of an enclosed structure 10. Location and method of refuse storage 11. Physical relationship of proposed structures in the neighborhood 12. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares 13. Proposed signing 14. Development guidelines and criteria as adopted by the City Council The findings may be supported by the following: • The project proposal is to restore the residential use and structure and detached single-car garage in substantially the same condition as the original structures. Therefore, the height, bulk and area of the buildings will be consistent with the Old Town area and are consistent with the Zoning requirements. • The exterior materials and colors are proposed to match the existing residential structure and are consistent with the Late Colonial Revival architecture as indicated in the City's Cultural Resource District Residential Design Guidelines (as referenced above). The historic elements, including the low pitched roof and front facing gable, the existing porch with columns and railing with balustrades which extend the full length of the front fagade will be repaired in kind. The existing horizontal narrow siding will be repaired and reused where salvageable. Zoning Administrator Action 13-008 DR 2013-005 and MA 2013-04 Page 8 • The wood sash windows will be repaired where salvageable and new windows will match the existing material. The front entry door will remain and will be refurbished and finished in a burgundy red color. The existing chimney will be replaced using salvaged brick to ensure structural stability. Landscaping is existing and will remain. Any damaged landscaping will be replaced in-kind. The parking access and driveway will remain the same and the garage is proposed to be rebuilt in the same location. • Overall, the physical location of the residence and detached garage are consistent with the neighboring residential use and is compatible with the Old Town Tustin community. The proposal is consistent with the City's requirements to rebuild an existing nonconforming use and structure that is listed on the Tustin Historic Survey. The proposal to reuse materials and reconstruct in substantially the same form is consistent with the development guidelines and criteria adopted by the City Council. J. This project is Categorically Exempt pursuant to Section 15301 and 15303 (Class 1 and 3) of the California Code of Regulations (Guidelines for the California Environmental Quality Act). 11. The Zoning Administrator hereby adopts Zoning Administrator Action 2013-008 approving Design Review (DR) 2013-005 and Minor Adjustment (MA) 2013-04 to partially demolish fire damaged areas and reconstruct an existing residential structure (rated 5D1) and demolish and reconstruct a detached single-car garage at 230 S. Prospect Avenue 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 on the 14th day of August, 2013. ELIZABETH A. BINSACK ZONING ADMINISTRATOR . 9. -11 -1 W I e IM6011 a Gal: 4 rMuLT7 DR 2013-005 and MA 2013-04 Page • STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN 1, Adrianne DiLeva-Johnson, the undersigned, hereby certify that I am the Zoning Administrator Secretary of the City of Tustin, California; that Zoning Administrator Action 13-008 was duly passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 14th day of August, 2013. INN' junmellow/wIrelmlim, • 1:4 •.B ] ILI 1AMOM61 IN"" V.11 . EXHIBIT A 7 .JW . . 3� �Ixyg DR 2013-005 and MA 2013-04 230 S PROSPECT AVENUE CONDITIONS • APPROVAL 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped August 14, 2013, on file with the Community Development Department, as herein modified, or as modified by the Zoning Administrator in accordance with this Exhibit. The Community Development 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 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) 1.4 Approval of DR 2013-005 and MA 2013-04 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. (5) 1.5 There is an active code enforcement case therefore, permits must be obtained within sixty (60) days from the date of approval. (5) 1.6 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) 1.7 As a condition of approval of Design Review 2013-005 and Minor Adjustment 2013-04, the applicant shall agree, at its sole cost and expense, to defend, SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENTS (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) CALIFORNIA BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW EXCEPTIONS Exhibit A Conditions of Approval DR 2013-MA 2013-004 Page 2 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 a single-family residential use only. Home businesses shall comply with the City of Tustin's Home Occupation requirements. (1) 2.2 A Certificate of Appropriateness, issued by the Director of Community Development, will be required at the time of building permit issuance, (3) 3.1 Confirmation of Notification Form submittal to AQMD is required prior to issuance of demolition permit. (3) 3.2 The north garage shall require fire-resistant construction. California Residential Code, Table R302.1(1) requires one-hour construction when less than 5 feet from property line. (3) 3.3 At the time of building permit application, the plans shall comply with the current edition of the codes (2010 California Building Standards Code, and 2011 Green Building Code), City Ordinances, State, Federal laws, and other regulations as adopted by the City Council of the City of Tustin. (5) 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. (5) 4.2 Prior to any work in the public right-of-way, an Encroachment Permit shall be obtained from and applicable fees paid to the Public Works Department. FEES (1) 5.1 Prior to issuance of any permits, payment shall be made of all applicable fees, including but not limited to, the following: Exhibit A Conditions of Approval DR 2013-MA 2013-004 Page 3 • Building Plan Check and Permit Fees • All applicable Transportation Corridor Agency fees • SchoolFees (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.