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HomeMy WebLinkAbout02 Conditional Use Permit 2013-11 - Residential Construction Staff ReportITEM AW 2 A COQ J11 ���J L, A TO RT RilEIE 7 ,1 90 OA, A 7 E-. 3EF T EMi!! EuFR 24, Zc13 f Oo FLAHM1N07 `O3MdMi I SS HO [Ni F'R ROMi . o S!L7BJEC7o C 0 N 10 171 o M,-11\L 'LJ8[Z1- ,F LIE- R\ N/I F �O13 -11 — 153 S. VMVU37L'E- �O�O The project has been not ed `for a public hearing in the newspaper, however, notices were not mauled out timely to property owners within 300 feet of the project sore. In addition, on September 19, 2013, the applicant provu�le�l a written request 'lo `table this uterr�; however, ,;er9 they did not provide a da":,e certain (Attachment 1), A copy of -the staff report is attached herewith to provide the Commission with information reIated to this item since the project has been noticed in he newspaper (Attachment 2), �� OOo u� I�rJ0�9��i1 �OJ?9 Thiat, the Planning Commission continue the item to the October 8, 2-013, puNic hearing to allow time for the notification to property owners, Attachments: 1, Correso ®ndenne from np [011G2nt 2e Manning Commission Staff Report for CUP 2013 -11 �°il AC ll�i EN : lP'CORP ENTERPRISES, INC. 1502 N. BROADWAY SANTA ANA, CALIFORNIA 92706 WfaTERS DWCT UNE (714:) 914- 9600 PA. (?1 4) 560-9120 September 19, 2013 Via: Hand Delivery City of Tustin Community Development Department Attention: Amy Stonich 300 Centennial Way Tustin, California 92780 RE: 155 S. Myrtle Ave., Tustin, California Dear Ms. Stonich; It was a pleasure speaking with you yesterday. This letter is intended to memorialize our conversation. We informed you that the imposition of certain criteria, specifically Section 2.2 of your letter dated September 9, 2013 is a concern and additional research, investigation and counsel opinion will be necessary prior to acceptance of said condition. We strongly believe that the deed restriction as a condition for approval of the permits may violate our use and enjoyment of the property and is somewhat arbitrarily discriminatory in nature and a undue burden of the property, as more fiilly describe below. As it has been confirmed, the City issued permits for the erection and construction of what you describe as "accessory building/guest quarters. Our research has revealed that there has never been any restrictions of non - rental agreement attached to said guest quarters. We are not certain why the City now proposes this heavy restriction. We would like a written response as to the following: 1. Has there ever been any restrictions imposed as against the guest quarters? (Prior to purchase of the property we repeatedly asked this question from your department and each time we were informed that the only issue with the property is certain code violations, and once the violations are remedied the property can be occupied as before). 01Y Df, 7DIS1112 DoyelopinenY Se ,pt2mb27, 19,2013 prl'-e 2 2. If we do not desire any additions as indicative in the plans, and we adhere to the code violations, would the City continue the required restrictions? If so, is there an ordinance, or a restriction that your department deems necessary? Please provide the City ordinance and the date such ordinance took effect? 3. Your restrictive proposal seems to suggest that the guest quarters can not be rented? Is there such restrictions on other homes in the City of Tustin? (Please see adds on Craigs List, penny savers and other advertising media in which residence in the City of Tustin are advertising and renting rooms in their homes, are such residence in violation of the City Ordinance) 4. Can the units be rented to a family member who occupies the -front house? 5. The Code violations are very minor and can be eliminated without much efforts, please inform as to what steps needs to be taken to obtain pen-nits for the code violations? Can we simply obtain the permit forms from the front counter, pay the fees and commence construction? Or do you require revised plans? We also would like to take the hearing current➢y.get ffirl'i k , 9A IA 1.1 V-1— --T, Vl-D the planning commission off calendar pending your responses -a-s` requested above. Once the responses,have been provided, we will consult with our legal counsel and architect and will appraise you of our intentions, We trust that an appearance at the hearing will not be necessary. . In the interim, should you have any questions, please do not hesitate to contact the undersigned. ("N 2 Sincei !D elk. Sin=; 5 Arman Rasoolian cc: Ali R. Mirhosseini, Esq, Malidis Kaerd, Esq. A -iACHWIEN f 2 pLA1\1IN NG3 OoRil JMIIs 10�� 5 -TA F F R, F-1--1 0R7 FOUFi OLJP � Do 1 -3, -11 lTEM 2 k�'-J-L, NDA RCEPOR, T • M1-==1E71NG DATE. 7 Oo IF' LAN, rNIN00 COj!JR715SIG[M G= 0M. SOji11AjRJM17Y DEVELOpf!MM7 BFSRA M1?� EHT 5 LJS.JEC7o CO1`1©171O1`1AL USE .FFERP1117 20` 3 -11 A, PPLI AM71 MdAAAN RASOGLL�\M F PRO PFL -R TY 1912 [I\\] BROADWAY AZ VE O JA111Y SAH7 �'-\ ANA, CA 8270 S LO CAM 0 155 S� d-VYr''--Z7LE z,/2\MF�1`ILJE 7LJ571j9, CA 02730 03EIN9IL7�1 .AL G'_L/2\1X. ` GAVY BE ITT, F37,=51©,-'L�N71 L M[NIM0. SINcLIE- 11AMILY 11RFSID[�.`14TIAL � ��� CUL7LJF)\AL I�7SOL7 SCE 0WRLAY D1571RIC7 S7A7-JS, 7�IIS PRO EEM IS Q �GO29 -ULY E/NE P7 PUU SLJA�i\\9 7 70 Sf� 70N 1530`1, CLASS I /AND 15303, CLA55 3 OF TITLE 14, 3 OF 7 FM CALIII QRd\Hl 2 -\ I[ENViFCUN11► EN 7 AL QU,/z 1-IT\l ACT R, c UJES ii ALJ7 ORIZA7IOU N 7O IENCLOSE� AN EXISTINO PATIO /AND E S7 A E L I SFH A 70EMM ED GUI E S7 QUAR7EFM v'V17 1 ME) C`o LKI'r\\I c FACIL171IE S A7 155 So !'ijIY ME AVE NUE EC0MMFN[0 X -I IC)-N That Iffie Planning Comm ssucn adopt 1Resolutucn Noe 4229, approving Ccndutucnal Use Perrn t (CUP) 2013 -11 -to enclose are ex sting patHo and estabHs9` a detached guest quarters wuth no cooky g facHities at 155 S. Myrtle Avenue, nPPROVAL n]� n , Tustin Cott' Code (7CC) Sectoon 9223b2 ccndRionally allows accessory build ngs to be used as guesi quarters provided no coolldng facofitoes are installed or maintained, TuaJ o pianning Commission September 24, 2013 CUP 2013 -11 ;Page 2 City Cede Section 9227 defines guest quarters as "detached living quarters of a permanent type of construction and without Idtchens or cooking facilities and where no compensation in any Form is received or paid ". In accordance with i CC 9291, a Conditional Use Permit is subject to a public hearing before the Planning Commission wherein the Commission may impose such conditions as it deems necessary to ensure the purposes of the Zoning Cede are met, The site is located in the Single - Family Residential (R -1) Zoning District and Low Densifiiy Residen al General Plan Land Use Designation, Site end Surr ®undin,g Proper-ties The project site is located on she east side of S. ]Myrtle Avenue south of First Street and north of 2nd Street (Attachment A — Locati ®n Map). Surrounding properties t® the north are multi - family zoned R3; to the south, east and west are single - family residences zoned RI, The property is also located within the Cultural Resource (CGS) Overlay District, where a Certificate of Appropriateness will be required (at the time of building peanut issuance) certifying that all work undertaken does not adversely affect I(he character of the historic district. City records indicate that the Single Family residence is not listed ©n the City's Historic Survey. Figure 1 shows the subject property. Ranning Commission September 24, 2013 CUP 2013 -11 Page 3 The project site consists of an 11,760 square foot lot improved with a 2,040 square -foot single- stor1j house located along S. Myrtle Avenue and a detached two story structure containing a 4 -car garage with two rooms above. The garage and rooms ?Ajere constructed in 1968 with building permits (32568, See Attachment B), A small storage shed was also included in the plan approved in 1968. A permit ,�Ajas issued January 28, 1968 for the two story structure in the rear with the two "sleeping rooms" on the second floor, In November 1968, after the 2 story accessory building was constructed, the Planning Commission heard and denied a request to rezone -the property from R °I Single Family to R8 Multiple Family (Resolution No. 1022) (Attachment C)o It is presumed that, after the accessory building was constructed, the property owner at that time wanted to utilize the rear units for ront as second units. Hoa��ever, the request to rezone the property was ultimately denied and only the use of two sleeping rooms with one toilet and one lavatory (N as basin) in each room was permitted. ft(hough a hand written note Vvas notes] on Resolution No. 1922 indicating that the bedrooms need a deed restriction prior to certificate of Occupancy (C of 0), no deed restriction was recorded, The requirement to obtain a Conditional Use Permit to establish guest quarters was established by Tustin City code in 1961 (Ord, No. 157). No Conditional Use Permit was requested or obtained for this property. The requirement to record a deed restriction on guest quarters was recently implemented in the Tustin city code with the most recent Zoning Code update. The intent of this requirement and the deed restriction and recordation is to ensure that the guest quarters are not rented out for compensation as a second residential unit and subsequent property owners are made aware of building regulations. For example, second residential units require minimum site development standards (i.e. minimum lot size of 12,909 square feet) of which this property does not meet. It should be noted that buildings on this property were converted into five (6) units without the benefit of permits by a prior property owner. Two units were established over the detached garage and three (8) units were established in the single family residence. Based on a court order, the previous owner was required to restore the single family residence and two rooms above the garage. FFIR`7.9C C 7 D ,"� 5 C1RIF710 N The proposal includes establishment of the use as guest quarters in the existing detached 2 -story accessory building, The existing detached accessory structure is situated behind the main house. Reference site plan below, Planning Commission September 24, 2013 CUP 2013 -11 Page 4 RCUOS^'t 5' SI a Aft" -1 Ljqj E7�1#K flAkRGt Tr. 9F tJ"JA iY34 FEP4' RES ULNrf Ala? so") STORAGE SHED 1 �����do7j� c1c�3a ��y�c.1 za�vE�= rs�xs � rr� opus No be Jac ovs -1) E}CI.cs7 Ii,aG PLAhiS (FRONT HOUSE D REAR OUILD SEE SITE PLAN SHEET T I + _ l©OMS n n Main hocu6st w /prop '03y(1 foIOrn 1 >6�.I'-,',DITION /REMODEL 155 SO. MYRTLE AVE TUST1, CA. Ks Ulan Plans for the remodel of the main house and the detached structures have been submitted to the uHding Division -for plan check. The plans submitted with this Conditional Use Permit reflect the ,proposed additional square footage to the main residence and show the guest quarters with sinks (Attachment D — Submitted Plans). F l.iI D l'r\9 cj S The determination to approve the Conditional Use Permit may be supported by the Planning Commission based on the following findings: A. A proper application for Conditional Use Permit (CUP) 2013 -11 was filed by applicant Arman Rascoliian requesUng authorization to enclose an existing patio and establish a detached guest quarters with no cooing facilities at 155 S. lMyrtle Avenue. I3, The site is designated as Low Density Residential by the City General Plan and is zoned as Single - family Residential (Rl ), where the use of an accessory building as a guest quarters is a conditionally permitted use. The site is also located within the Cultural Resource Overlay District (CR) where a Certificate of Appropriateness is necessary to certify that the project does not adversely a sect the character of the historic district and City records indicate that the Single Family residence is not listed on the City's Historic Survey; Planning Commission September 24, 2013 Cud' 201 3 -1 1 Page 5 C, A permit ( 2553, Rec - #3336) ,Yvas issued January 23, 1963 for the wo story structure in the rear to include two rooms above the garage and that, based ,upon the addition and improvements proposed to the main house, the nonconforming rooms above the garage require approval Of a Condi -Donal Use Permit (CUP) pursuant to 1 CC section 9223b2 to establish guest quarters. A deed restriction is required for the guest quarters use to ensure it %Adll not be utilized as a second residential unit; Neill not provide or maintain cooking facilities; and will not be rented out; De The project has been reviawed 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, A public hearing ti��as duly noticed, called, and held for Conditional Use Permit 2013-11 on September 24, 2313, by the Planning Commission; F. The establishment, maintenance, or operation of the guest quarters will not, under the circumstances of the use, be detrimental to the health, safety, morals, co fort, 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 �woluare of the City in that; 1) The property is zoned single - family residential (Rl) where Tustin City Code Section 9223b2 alloxfvs guest quarters with the approval of a Conditional Use Permit provided that no cooking facility is installed or maintained and no compensation in any form is received or paid, 2) The use of the guest quarters, as conditioned, would not be detrimental to surrounding properties in that the structure has existed in its current condition for 45 years and is used for residential purposes and tiivill comply with all applicable development standards of the R -1 zoning district pertaining to accessory buildings used as guest quarters, 3) The use, as conditioned, would not be detrimental to surrounding residents or properties since the use 'would be limited to guest quarters, which is accessory to a single - family residence and w ll be used in conjunction with the main residence, The property owner W. ould not be permitted to lease or rent the accessory guest quarters and a deed restriction will be recorded as such, 4) The existing two story, garage and guest quarters bi 9ilding are located at the rear of the main house which is consistent with the predominant land use pattern in the area, Planning Commission September 24, 2013 CUP 2013 -11 Page 0 5) The guest quarters 1jvi l no-,( adversely affect the character of the District or historic structures Yj thin the District in that the building -was built vaith permits issued in 1963 and the design, materials, location, size, scale, and massing of the structure are compatible with the main residence, EHVV ROC NHF�� N7,AL This project is Categorically Exempt pUrsLIant to Section 1 5301, Class I and 1 5303, Glass 3 of Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Acts Amy Stonich, AICP Elizabeth A. Bi!nsack Senior Planner Community Development Director Attachments; A. Location Map B. Glans approved ;aril of 1953 C. Resolution 1 022 D. Submitted Glans E. Draft Resolution No. 4229 ,PAT T A c HR/], '\ n LOCATION I'M/AF -6 CL M U Lq 00 fII P- EE 04 LO Cl) tti C) Cl) 0 N CV) M $D C) Z lA U) D F- LL • 9 � C.) b 133S'S M10A AV -311 NA Vi ti ca M a, CL CL IML ca PASADENA I- ............ LO C� fn C4 eo co 4) 0 IL 0 4) C2 0 C4 • M a, ._Ej IML c w > W z PASADENA I- ............ LO C� fn C4 eo co 4) 0 IL 0 4) C2 0 C4 • ATTACHMEN7 BE FLANS AST -lIM V,"E D AP- IL 1O9,3,c I ZOtLNG REGULATIONS ( CIIL'CKCD DY __— ,_— ,__DATE_ _04TE CLLAREU PLOT PLAN tULLY DIMENSIONED, YFS _ No — ALL BUILDINGS SIIDWN ON PLAN IPkR APPLICANT,, YARN USE__ACC, USE ZONE— _- _®DI5T RE0UIREO BUILDING SITE FRONTAGEt YFs_�_ NO- BUILDING HEIGHT+ STORIES. AND FEET IILOUIRED LAND AREA) YES NO VARIANCE REOUIREDi APPROVED.__. _...NO. STREET -WIOiH _ CORNER LOT _e_ - -fNT. LOT UUILUi— 5ETDACIa C/L ST._ PROPERTY LINE SIDE YARD, RIGn'i CAVE PROJECTION SIDE YARD, LEFT _.._. -_ CAVE PROJECTION REAR YARD ITO P /Li WIOTDI OF ALLEY SEPARATION OFTWEF.N BUILOINCS CH—CY IN REQUIRED SIDE YARD PROJECTS_ PORCH IN REQUIRED YARD PROJECTS ___ - '1 T A IR5 IN REQUIRE. YARD PROJECT$ PARKING AREA RFOUIREO CAPACITY, GARS REMARKS FOR OFFICE USE ONLY gF.GE1VE0 SV _— '- 'APPLICATT 'O N L S �V � '�d�� f 1 S M7 CITY OF A,q APPLICANT TO FILL IN AREA WITHIN HEAVY ZINJES Cz LY. 1. ROUT'{ IMME. OFFtC C* -- - TUSTI N [[[ my r�'l� �°JS l -- - � GESCRIF'YION OF lVUittt I ADDRESS i'' ADDRESS -- _ NEW I_J ADD d>=,d. ALTER ,J REPAIR � j OC OLISH j t, A �y T. V. Attebery OWNER 512E MAILING NO. OF NO. OF S Q. FT, 2112 STORIES FAMILIES ADORES Same 1 �111,�51,L PHONE 44 ` 6 USE OF CITY Tu.- in STR'JCTURG Lessor Building ARCHITECT OR ENGINEER -- LEGAL LOT SLOCK TRACT OLSCRIPTION ADOR ESS (PL EA3E 4TTaCN METES AND BOUNDS) -- - - - -- I HEREBY ACKNOWLEDGE THAT a HAVE READ THIS APPLICAriM AND STATE THAT THE INFORMA71ON I HAVE PROVIDED CONTRACTOR Owner STATE STATE P IS CORRECT. AND AGREE 70 COMPLY WITH ALL CITY ORDINANCES AND STATE'( LAWS REGULATING BUILDING CONSTRUCTION, I CERTIFY THAT I POSSESS THE ABOVE VALID CITY LICENSE ORS '.. AOORESS - I AM 7HE LEGAL OWNER OF THE RESIDENTIAL PROPERTY HEREIN DESCRIBED. CITY L9CEN 5E a SIGNATURE OF I I ZOtLNG REGULATIONS ( CIIL'CKCD DY __— ,_— ,__DATE_ _04TE CLLAREU PLOT PLAN tULLY DIMENSIONED, YFS _ No — ALL BUILDINGS SIIDWN ON PLAN IPkR APPLICANT,, YARN USE__ACC, USE ZONE— _- _®DI5T RE0UIREO BUILDING SITE FRONTAGEt YFs_�_ NO- BUILDING HEIGHT+ STORIES. AND FEET IILOUIRED LAND AREA) YES NO VARIANCE REOUIREDi APPROVED.__. _...NO. STREET -WIOiH _ CORNER LOT _e_ - -fNT. LOT UUILUi— 5ETDACIa C/L ST._ PROPERTY LINE SIDE YARD, RIGn'i CAVE PROJECTION SIDE YARD, LEFT _.._. -_ CAVE PROJECTION REAR YARD ITO P /Li WIOTDI OF ALLEY SEPARATION OFTWEF.N BUILOINCS CH—CY IN REQUIRED SIDE YARD PROJECTS_ PORCH IN REQUIRED YARD PROJECTS ___ - '1 T A IR5 IN REQUIRE. YARD PROJECT$ PARKING AREA RFOUIREO CAPACITY, GARS REMARKS BO 1 I0/00 2M P ERMITTEE AOORE5S_e VALUATION S OCCIIPAN C aROUP r.c FEE s-13,50 3 .PT 27 PEE 4/ o 0 C F CDnISTRUCTION INSPECTION RECORD _.- APPROVALS DATE TplgvECTOR SIGNAT U RE FOUNDATION: LOCATION FORMS AND MATERIALS. REINFORCED MASONRY OR CONCRETE "ONO BEAM UNDERPINNING ROOF SHEATHING ROOFING FRAMING LATH OR DRYWALL INTERIOR LATH EXTERIOR PLASTER BROWN COAT FINAL i 9. g99E5SOR 1 4. OWNER'S Copy OF PERMIT JTOF46, FOR OFFICE USE ONLY gF.GE1VE0 SV _— -PLA�111E� PLAN CHECK RECEIPT O 1. ROUT'{ IMME. OFFtC C* TO INSP ECTO WORK COPY SLN6 P }I REC. k IAPPgO VE9°"I BO 1 I0/00 2M P ERMITTEE AOORE5S_e VALUATION S OCCIIPAN C aROUP r.c FEE s-13,50 3 .PT 27 PEE 4/ o 0 C F CDnISTRUCTION INSPECTION RECORD _.- APPROVALS DATE TplgvECTOR SIGNAT U RE FOUNDATION: LOCATION FORMS AND MATERIALS. REINFORCED MASONRY OR CONCRETE "ONO BEAM UNDERPINNING ROOF SHEATHING ROOFING FRAMING LATH OR DRYWALL INTERIOR LATH EXTERIOR PLASTER BROWN COAT FINAL i 9. g99E5SOR 1 4. OWNER'S Copy OF PERMIT JTOF46, APPLICANT TO Fu IN 1k1RFA: HEAVY l Llm9rs 01MdY. CITY OF TUS`V'IN fl TRACT LOT NO � TOWN i N i OR AREA , CONTRACTOR NEAREST CROSS STREET ADDRESS �. —` -- �% , TEL. W NER ___�..__...._ CITY NO. PROPOS D 9 PRESENT STATE LI CENSE EXPIRATION UOSE 2.^✓,k'�a�- ®� USE NUMBER DATE ERh91. FEES -- -- DATE READY FOR FIRST INSPECTION i NO. TYPE OF F.XTUR R ITEM FEE WATER CLOSET tTOILET1 — S 3. p p 1 HEREBY ACKNOWLEDGE THAT I HAVE READ THIS APPLICATION AND STATE THAT THE INFORMATION I HAVE PROVIDED IS CORRECT AND AGREE TO COMPLY WITH ALL CITY ORDINANCES AN0 STATE LAWS REG L-LATINO PLUMBING. I CERTIFY THAT I POSSESS THE ABOVE VALID CITY LICENSE AND PRESENT HEREWITH MY STATE LICENSE REGISTRATION CARD AS PROOF THEREOF R 1 AM TKE OWNER OF THE RESIDENTIAL BATH TUB SHOWER STALL LAVATORY (WASH BASIN PROPERTY OESC4 HE EI N. K YCREN SINK — GARBAGE DISPOSAL LAUNDRY TRAY OR AUTO. WASH. MACH. SIGNATURE OF PERA91 p' DISHWASHER _ INSPECTION REC®ID - - - -- - - -`"`– SERVICE SINK FLOOR SINK FLOOR DRAIN DRINKING FOUNTAIN — URINAL _ SAN O TRAPS SWIMMING POOL FILTER I APPROVALS DATE INSPECTOR'S SIGNATURE _ WATER HEATER T GROUND WORK - SOIL ONLY WATER SOFTENERS _ GROUND WORK WITH WATER PIPE ❑ GAS PIPE Cl LAWN SPRINKLERS RES. 0 COMM. C) RDUGH PLUMBING t_______LFfAILER HOOK -UPS GAS SYSTEM LPG OF OUTLETS NAT. J, GAS PIPING TO WATER HEATER AUTO, FIRE SPR. SYSIEM.VALUATION . .....-------------- _._....._.. - SEPTIC TANK SEEPAGE PIT I SEWER '- --- -° -- _ _ H_OUSE SEWER I VALUATION i '-- SEPTICTANK GAS TEST SEEPAGE P 7151 �. SPRINKLER SYSTEM . _._._._ LEACHING FIELD FINAL UTILITY CO. NOTIFIED PERMIT ISSUANCE ,� BUILDING PERM I' NO REC-D 9Y TOTAL. F 15 -1 OWNER PuN 1 �� ' _ C —_ —O- A P P R O V A L DATE TOTAL =EE J cn 1 � c �' � - 1'. ' .1 -• °:-. i '- -:� .-•" -� ,• I •tit. ?'!�!•1� %4:��� o "Its ;' Ilk NX 4 � �i 1 � •i tom. W i x.� y>v000 Poll l� 41 � O ; • ,. L L _J ' o a o• H 2, .i 1 IN lie• - �.:• � •.o -.mss _ _ "a 0� N J J 4 W k IZ kj al �Nzt N aNE 0� N J J W k IZ kj al �Nzt N aNE d: a� F- rj C Q i i v o N --� a� F- rj C Q i " v o N --� =N V � / =f a° 0 .1 ti r. i gar l jjh� li {f�F ,AT i CHWli FEW C h CLUaI0 -N INC. To x 0x RESOLUTION N0. 1022 A RESOLUTION OF THE PLANNING COhr9ISSION OF THE CITY OF TUSTIN, CALIFORNIA, RECO.N24ENDING'DENIAL OF APPLICATION NO. Z.C. 68..aB 'F itY-- The Planning Commission of "the City of Tustin, Cali - nia, does hereby resolve"as follows: 1. The Planning Commission finds and determines: a) That an application (No. Z.C. 68 -1811) Was filed on behalf of ATTE$ERY for rezoning of the pro- perty described in Exhibit A attached hereto and Incorporated herein by this reference, from R -1 Single Family Residential) to R -3, (Multi- ple amity Residential). b) That a public hearing was duly called, noticed and held on said application. c) That the general plan calls for single - family residential for the subject property. d) That said property should; undergo further studio, prior to rezoning. e) That the subject property should not be rezoned. 2. The Planning Commission recommends that the subject erty not be rezoned. PASSED AND ADOPTED at a regular meeting of the Planninp, fission, held on the _2.5t:h -day of A, , 1968. :rg 12 -10 -68 l 1 U an $:COi:© Q.Ti7 �t .(j .... y...,. .... ............ .. _ ....`.'.; L � �r 41s ` ,•[ • ` ..tea: �•.....i» * ",RD STRur a YS jo to ` wt9.AL� k;: �fws�+mwea- .,�..xe mgwryrv— r..sa+xs.m !,/ �} /y�. fj'. �. ,i �,,•,. /.• •i'e : 1. / re 21 T. V Alticb22-y et at '°•° 8 Pl '/ / n /,/',• rte ,. , . a-- i • 1 n171. 69 r f • j ��. , 1. • � ' RST SMUT an $:COi:© Q.Ti7 �t d T 'Iln� 5,W C ",RD STRur jo to ` wt9.AL� k;: �fws�+mwea- .,�..xe mgwryrv— r..sa+xs.m !,/ �} /y�. fj'. �. ,i �,,•,. /.• •i'e : 1. / re 21 T. V Alticb22-y et at '°•° '/ / n /,/',• rte ,. , . a-- i • 1 n171. 69 r f • j ��. , 1. • � d T 'Iln� 5,W C I M M1^ ) Y kN ,rrr STATE 021 CP.LIFORNIA) I ,s COUNTY OF ORA]43'E ) sS ap'` CITY OF TUSTIW ) I, JO AIR TURLMR, the u:riersigned, horehy certifies that Secretary of tha Planning Commission of tile City of Test: that the foregoing resolution was duly Passed and adoPtw, meeting of the Planning Col.Tdssion, held on the ?5th `I ]968. J ",RD STRur PLOT PLAN a T. V Alticb22-y et at '°•° I M M1^ ) Y kN ,rrr STATE 021 CP.LIFORNIA) I ,s COUNTY OF ORA]43'E ) sS ap'` CITY OF TUSTIW ) I, JO AIR TURLMR, the u:riersigned, horehy certifies that Secretary of tha Planning Commission of tile City of Test: that the foregoing resolution was duly Passed and adoPtw, meeting of the Planning Col.Tdssion, held on the ?5th `I ]968. 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WRITTEN DIMENSIONS TAKCORZCZOEICE .,ED SCALED DIMENSIONS AND SlIALL DE 'It"FIED ON 7,1C JOBSITE, MAY DISCREPANCIES "'ALL K BROUGHT TO THE NOT- OF THE ARCHITECT. -6- 1�� CT 1-61 0 9-1 6'-- 8 8 4" MIN, TO GRADF z z �� ?$ o) Io i O _I > m m 6 „ 0 z MINIMUM m c/) < --I m m m z ITT c MIN, TO GRAOE 6 � fl 20'-4” ISIN, 10 GRADE 3` — > 1 .0 > 20` -4" To 0 Im 88 z Q Z z DR m m Q > gn 2 2 < z G) G) G) g ;o w > ITT m z 8 0 G) * -, Z '0 0 m w m m- 8 �; T z r m 5 m m > M DR 0) z Nz co DR m -1 Z pp,T ITT m 0 0 DR z .. m c/) DiESE ORAWNSE ARE THE PROPERTY AND CI OFTC ARCHITECT AND SHALL NOT BE USED CN ANI.THCR VIDIFIK UCEPT 0Y AGREE-T WITH THE ARCHITECT. WRITTEN DIMENSIONS T0.KE -DEOFMCE 6V2R SCALED DIMENSIONS 77. -All ­­PE 1-1E. CM THE ✓C SIT-- AN' DISCREPANCIES SNAIL RE P-1-7 PC THE N0710E IV THE ARCHITECT, > ITT I z', �jq ITT 0 OWNER: > IT, a j X 0 m RESIDENCE REMODEL ARMAN > z z cc 0. ® I L Ll DI z PT m 155 SO. MYRTLE AVE. ® TUSTIN, CA. 155 SO. MYRTLE AVE. TUSTIN, CA. 2 z. rn $gam N Z CD'o 0 0 6'- 8 0 m CO --A m m m �'l HJ M� P, 60 nq 0 2z 05 a 0 MIN. TO GRADE 20'-4" IN rl I A, z Z M M > M OZ GZ 6 x Bo m ED ) -: O v 0 o , o 0 8 g 'o ;u < z m 0 m 0 2 0 0' M m z > x Z 0 m m m 9 > > 1 'a z m m x 0 > z ED m c/) THESE BRAMNM5 ARE THE PROPERTY AND COPYRIGHT OP DIF ARCNiTFCT SHALL NOT BE USED M ANY —ER MRK EXCEPT By AGREEMENT Ai� THE ARCHTECt WRITTEN DIMENSIONS TAKE PRECCOENCE 0— SCAICO DIMENSIONS AND SHALL BE W-ED BN tiE —EITC, ANY DISCREPANCIES - ETIAU BE BROUGHT 11C NOTICE .1 AR-M- m......... . "o m Dom z ;u z 0 DR ATTACHMENT E The Planning Commission does hereby resolve as follows: The Planning Commission finds and determines as follows: A. That a proper application for Conditional Use Permit (CUP) 2013-11 was filed by applicant Arman Rasoolian requesting authorization to enclose an existing patio and establish a detached guest quarters with no cooking facilities at 155 S. Myrtle Avenue. B. That the site is designated as Low Density Residential by the City General Plan and is zoned as Single-family Residential (Rl), where the use of an accessory building as a guest quarters is a conditionally permitted use. The site is also located within the Cultural Resource Overlay District (CR) where a Certificate of Appropriateness is necessary to certify that the project does not adversely affect the character of the historic district and City records indicate that the Single Family residence is not listed on the City's Historic Survey; C. That a permit (132558) was issued January 23, 1968 for the two story structure in the rear to include two rooms above the garage and that, based upon the addition and improvements proposed to the main house, the nonconforming rooms above the garage require approval of a Conditional Use Permit (CUP) pursuant to TCC section 9223b2 to establish guest quarters. A deed restriction is required for the guest quarters use to ensure it will not be utilized as a second residential unit; will not provide or maintain cooking facilities; and will not be rented out; 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 noticed, called, and held for Conditional Use Permit 2013-11 on September 24, 2013, by the Planning Commission; F. That the establishment, maintenance, or operation of the guest quarters will not, under the circumstances of the use, be detrimental to the health, safety, morals, comfort, and general welfare of the persons residing or Resolution No, 4229 CUP 2013-11 155 S Myrtle Ave. Page 2 working in the neighborhood • injurious or detrimental to property ana improvements in the neighborhood • the general welfare of the City in th2t: 1) The property is zoned single-family residential (R1) where Tustin City Code Section 92231J2 allows guest quarters with the approval of a Conditional Use Permit provided that no cooking facility is installed or maintained and no compensation in any form is received or paid. 2) The use of the guest quarters, as conditioned, would not be detrimental to surrounding properties in that the structure has existed in its current condition for 45 years and is used for residential purposes and will comply with all applicable development standards of the R1 zoning district pertaining to accessory buildings used as guest quarters. 3) The use, as conditioned, would not be detrimental to surrounding residents or properties since the use would be limited to guest quarters, 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 guest quarters and a deed restriction will be recorded as such. 4) The existing two story garage and guest quarters building are located at the rear of the main house which is consistent with the predominant land use pattern in the area. 5) The guest quarters will not adversely affect the character of the District or historic structures within the District in that the building was built with permits issued in 1968 and the design, materials, location, size, scale, and massing of the structure are compatible with the main residence. G. That this project is Categorically Exempt pursuant to Section 15301, Class 1 and 15303, Class 3 of Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act) 11. The Planning Commission hereby approves Conditional Use Permit 2013-11 to establish guest quarters and to remodel (including enclosing an existing patio) the existing single family residence at 155 S. Myrtle Avenue, subject to the conditions contained within Exhibit A attached hereto. Resolution No. 4229 CUP 2013-11 155 S Myrtle Ave. Page 3 PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting held • the 24 th day • September, 2013. STEVE KOZAK Chairperson ELIZABETH A. BINSACK Planning Commission Secretary 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. 4229 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 24th day of September, 2013. ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A RESOLUTION NO. 4229 CONDITIONAL WS6 1P6W#K-ft4 IIIIIIIIIIIII1014J 0 19119 1010 Sluej a-AN 1.1 The proposed project shall substantially conform to the submitted plans for the project date stamped September 24, 2013, 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, complied with prior to the is subject to review and Department. the conditions contained in this Exhibit shall be ;suance of any building permits for the project, approval by the Community Development (1) 1.3 Permits must be obtained within thirty (30) days from the date of approval. The subject project approval shall become null and void unless permits for the proposed project are issued and construction is completed within twelve (12) months of the date of this Exhibit. (1) 1.4 Approval of Conditional Use Permit 2013-11 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 2013- 11, 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 negative impacts, or may initiate proceedings to revoke the Conditional Use Permit. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENTS (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC /CC POLICY (4) DESIGN REVIEW EXCEPTIONS Exhibit A Resolution No. 4229 Page 2 (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 2013-11, 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 with guest quarters only. Home businesses shall comply with the City of Tustin's Home Occupation requirements. 2.2 Use of any detached accessory building/guest quarters 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 quarters and no compensation in any form shall be received. At building plan check, a note to this effect shall be provided on the plans. (1) 2.4 A Certificate of Appropriateness, issued by the Director of Community Development, will be required at the time of building permit issuance. (5) 2.5 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. 3.1 At the time of building permit application, the plans shall comply with the Exhibit A Resolution No. 4229 Page 3 2010 Edition State and the City • Tustin adopted c•des.- Californ Residential Code, California Electrical Code, California Plumbing Code, Cill #rdinances, and State and Federal laws and regulations. FEES (1,5) 4.1 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) 4.2 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.