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HomeMy WebLinkAboutMA 2013-005 & DR 2013-013 - Residential RemodelREPORT AGENDA MEETING DATE: OCTOBER 30, 2013 TO: ZONING ADMINISTRATOR FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: MINOR ADJUSTMENT 2013 -005 AND DESIGN REVIEW 2013 -013 APPLICANT/ GIOVANNI MEJIA, MESO INDUSTRIES, LLC PROPERTY 6 COUNTRY WALK DRIVE OWNER: ALISO VIEJO, CA 92656 LOCATION: 175 N. C STREET TUSTIN, CA 92780 GENERAL PLAN: LOW DENSITY RESIDENTIAL ZONING: SINGLE FAMILY RESIDENTIAL (R1) ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 1) PURSUANT TO SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. REQUEST: AUTHORIZATION FOR (1) APPROVAL TO DECREASE THE REQUIRED PARKING BY ONE (1) GARAGE SPACE; AND (2) APPROVAL TO RECONSTRUCT THE REAR OF A RESIDENCE INCLUDING KITCHEN, MASTER BEDROOM AND BATH, AND ADDING A NEW 2ND STORY WITH TWO (2) BEDROOMS AND ONE (1) BATHROOM AT AN EXISTING RESIDENCE LOCATED AT 175 N. C STREET Zoning Administrator October 30, 2013 MA 2013 -005 & DR 2013 -13 Page 2 175 N. C Street RECOMMENDATION That the Zoning Administrator adopt Zoning Administrator Action (ZAA) 13 -011, approving Design Review (DR) 2013 -013 and Minor Adjustment (MA) 2013 -005 to: 1) reduce the required residential parking by one garage space to maintain the original one -car garage, and 2) reconstruct the rear of an existing residence including a kitchen, master bedroom, master bath, and add a new 2nd story level including two (2) bedrooms and one (1) bathroom above the reconstructed area. APPROVAL AUTHORITY In accordance with TCC 9290, the proposal requires Design Review approval and the Community Development Director is authorized to consider Design Review applications. A Minor Adjustment has been requested to reduce the required residential parking by one (1) garage space and maintain the existing one -car garage. Pursuant to TCC 9264b, when associated with a recognized historic resource, the number of required off - street parking spaces may be decreased by one (1) garage space upon Zoning Administrator approval of a Minor Adjustment per Section 9299 subject to specific findings. Minor adjustments shall be considered by the Zoning Administrator without a public hearing. BACKGROUND The site is located in the Single Family Residential (R1) Zoning District and Low Density Residential General Plan Land Use Designation. Though not within the Cultural Resources District, this residence is listed on the City of Tustin Historical Survey as a "D" rated California bungalow structure and has a National Register of Historic Places (NRHP) status of 5D1, which identifies properties that are recognized as historically significant by local governments. The Tustin City Code Section 9264b states that, when associated with a recognized historic resource, the number of off - street parking spaces Zoning Administrator October 30, 2013 MA 2013 -005 & DR 2013 -13 Page 3 may be decreased by one (1) garage space upon Zoning Administrator approval of a minor adjustment per Section 9299, when specified findings can be made. Site and Surrounding Properties The project site is located on the east side of North C Street (Figure 1: Aerial and Zoning Map). Surrounding properties to the north, south, east, and west are single family residences that are all within the R1 Zoning District. Figure 1. Aerial and Zoning Map According to the applicant, the original plan was to do cosmetic improvements to the 1,096 square -foot existing structure. Upon further investigation of the structure, the applicant decided that the existing rear of the house was deteriorated and proceeded to demolish the rear area. At this point, the applicants approached the City to discuss how to go about improving the property and keeping its historic character. PROJECT DESCRIPTION The project site is a 6,401 square -foot lot with a 1,096 square -foot house built around 1920 and an approximately 220 square -foot detached garage that appears to have been built at the same time as the main house. The existing house had two bedrooms, two bathrooms, dining room, living room, and kitchen. The applicant is proposing to modify the 1,096 square -foot residence by reconstructing the rear of the house, which includes expanding the footprint two feet closer to the rear Zoning Administrator October 30, 2013 MA 2013 -005 & DR 2013 -13 Page 4 and side (south) property lines to expand the kitchen, master bedroom and master bath. The proposed construction also includes a new 476 square -foot second story level above the rear of the house that includes two bedrooms, one bathroom, laundry room, and study. The existing one -car garage will be modified to meet the minimum required dimensions. According to the applicant, the proposed changes and addition would broaden the property's appeal in the real estate market in that the additional bedrooms would appeal to households with children and other buyers looking for more space, whereas the existing two- bedroom house has a limited market. k V�L / No>roW I'�Irl i �I L Cw►xA. uJt raLrr InM NTH tr.) n. I t 161 LW�J6 ` C u �1PJ�JLI' Irk. u N Lf .•y W::uW' x lyha- (EI muC 16 NE (WW POO L (G� b.1uE Figure 2. Proposed Site Plan and Floor Plan Figure 3. Proposed Second Floor Plan Decrease Required Parking Pursuant to Tustin City Code, this type of alteration and addition would typically require that on -site parking be brought up to current City standards, which for a single family residence is a two -car garage. Due to site constraints, the applicant has provided evidence that upgrading the existing single car garage to a two -car garage is infeasible without harming the historic integrity of the existing building and site and is requesting that the number of off - street parking spaces be decreased by one (1) garage space per Tustin City Code Section 9264b. Zoning Administrator October 30, 2013 MA 2013 -005 & DR 2013 -13 Page 5 The site plan and floor plan (Figure 2) shows the existing 1,096 square located approximately forty -six (46) feet away from the front property line and twenty -eight (28) feet from the rear property line. There is an existing nine -foot wide driveway that leads to the existing garage located approximately ninety -eight (98) feet from the front property line. The garage is set back approximately five (5) feet from the house. Figures 2 and 3 show the areas to be modified, in orange, and areas to be added, in pink with green border. Given the existing site configuration and components, including the garage's close proximity to the house and rear property line, it would be infeasible to construct a second one -car garage in the rear that complies with City standards without significantly damaging the historic home, garage, or other site components that contribute to the historic integrity of the structure and site. In addition, locating a new detached one -car garage between the front property line and existing house would not meet the fifty -foot setback requirement for an accessory building. A one -car garage attached to the front of the house is also not desirable as it would significantly change the street view elevation of the existing historical structure, effectively hiding the original house from view. Under Section 9264b of the Tustin City Code, tandem spaces are allowed to be counted towards the total number of off - street spaces when a minor adjustment for a decrease in the total number of off - street parking spaces is granted for a historic residence. The total number of required off - street parking spaces can be accommodated on -site as tandem spaces in the existing garage and 98 -foot long driveway. Therefore no parking impact is anticipated. As proposed, the total square footage of the house would be 1,639 square feet, which is less than 150 percent of the existing square footage. In addition, the project will be conditioned to be no more than 1,644 square feet, or 150 percent of the existing 1,096 square -foot house, incompliance with Tustin City Code Section 9264b4. Design Review As proposed, the architectural design of the new construction will match the existing California bungalow style, such as clapboard siding, elongated roof beams, and gable ends roofs. The proposed construction and addition is in the rear of the property and will result in a modest change to the front street elevation. In addition, the proposed massing of the project is consistent with the existing structure in that the proposed roof is similar to the existing gable end roof design and the width of the new addition is similar to the existing structure, being only two feet wider. Zoning Administrator October 30, 2013 MA 2013 -005 & DR 2013 -13 Page 6 fou w6-is-t ( 6pr LLWA-VT 0 J ) Figure 4. Front Elevation LL=__ (N Bohr!, *OOP G 04n�(Ve The proposed reconstruction and addition would include improvements to the existing structure. Currently, the existing hallway leading to the bedrooms is approximately two (2) feet wide, making it awkward to walk through and difficult to move furniture into the bedrooms. The proposed changes would widen the hallway to three (3) feet, improving the function and feel of the interior space. The proposed side yard setback along the north property line is approximately two -feet four - inches, consistent with the existing side yard setback. The R1 district side yard setback requirement is five feet, however pursuant to TCC Section 9271p, properties listed in the City's Historic Resources Survey may maintain the existing original building setback provided the Uniform Building Code requirements can be met and emergency access can be maintained. Overall, the proposed design is compatible and acceptable in that the exterior design and finishes would match the existing structure in terms of siding, trim, roof beams, and vents. FINDINGS In determining whether to approve the Minor Adjustment 2013 -005, the Zoning Administrator must determine that the application meets the findings required by Tustin City Code Section 9264b to authorize a decrease in the number of required off - street parking spaces by one (1) garage space. A decision to approve this request may be supported by the following findings: 1) Tustin City Code Section 9264b allows for the number of required off - street parking spaces to be decreased by one (1) garage or parking space when associated with a recognized historic resource and when specified hardship findings can be made. Zoning Administrator October 30, 2013 MA 2013 -005 & DR 2013 -13 Page 7 2) The subject property is listed on the City's historic survey as a "D" rated California bungalow structure with a National Register of Historic Places (NRHP) status of 5D1, recognizing the home as historically significant to the local historic resources. 3) The subject property has an existing one -car garage provided on -site. 4) Due to the configuration and layout of the existing house, one -car garage, and other site components including stoops and setbacks, there is not adequate room to accommodate another garage space with sufficient space for access and back -up distance, and providing a new garage space or access to a new garage could result in significant alteration or demolition of the historic structure or historic garage. 5) The existing house is approximately 1,096 square feet and the proposed addition is 543 square feet, an increase of approximately 49.5 percent of the existing square footage. As conditioned, the residential addition will be limited to a maximum 150 percent of the existing original residential square footage. 6) The existing one -car garage is setback over 98 feet from the street, and the driveway leading to the garage can accommodate the required number of parking spaces. 7) In order to accommodate a two -car garage or second one -car garage, significant alterations would be required to provide sufficient access and backup distance, significantly damaging the integrity of the historic structure and site. 8) The rear expansion of the master bedroom and kitchen and addition of a second floor with two bedrooms and a bathroom will increase the livability, functionality, and value of the historic home without changing the appearance of the property from the public right -of -way. 9) The minor adjustment is not associated with the addition of a second residential unit or an increase in density or intensity. 10) Approval of the proposed Minor Adjustment 2013 -005 would not be granting a special privilege in that the subject property is listed on the City's Historic Resources Survey and the City Code allows listed properties to apply for a decrease in off - street parking requirements when certain hardship findings can be made. Other properties listed on the Historic Resources Survey that could also meet the required findings may also be considered for a minor adjustment on a case -by -case basis. In determining whether to approve Design Review 2013 -13, the Zoning Administrator must consider that the proposed development will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole. In making such findings, the Zoning Administrator has considered at least the following items: Zoning Administrator October 30, 2013 MA 2013 -005 & DR 2013 -13 Page 8 1. Height, bulk, and area of buildings. The height and bulk of the proposed project is compatible with the existing and surrounding buildings in that there are other two (2) story houses within the vicinity and the new addition is similar in width as the existing structure. 2. Setbacks and site planning. The proposed project is in the rear of the property and in compliance with the Tustin City Code setback requirements. 3. Exterior materials and colors. The proposed project includes exterior finishes and materials that are compatible and match the existing structure. 4. Type and pitch of roofs. The proposed roof is consistent with the existing structure, utilizing matching gable end roofs and exposed roof beams. 5. Size and spacing of windows, doors, and other openings. The proposed windows, doors and openings are compatible with the existing structure and design in that the style and spacing of window, doors, and trim are similar to the existing house. 6. Parking area design. The proposed parking area and design is an improvement to the property in that the garage modifications would bring the detached garage into compliance with the City Code and the existing long driveway can accommodate additional cars for parking purposes. 7. Physical relationship of proposed structures to existing structures in the neighborhood. The physical relationship of the proposed structures to existing structures in the neighborhood is primarily the same as the existing condition in that the rear of the house and garage are being extended by approximately two (2) to three (3) feet. 8. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. The appearance and design relationship of the proposed structures to existing and possible future structures is compatible with the neighborhood and public thoroughfares in that the new second story addition is located in the rear of the property and would not be highly visible from the public street. Zoning Administrator October 30, 2013 MA 2013 -005 & DR 2013 -13 Page 9 9. Development Guidelines and criteria as adopted by the City Council. Overall, the physical location of the residence and detached garage are consistent and compatible with the neighboring residential use. The proposal is consistent with the City's requirements to modify and existing structure that is listed on the Tustin Historic Survey. The proposal to reconstruct and modify the structure with similar design to the existing structure is consistent with the development guidelines and criteria adopted by the City Council. Edmelynne V. utter Senior Planner Attachments: A. Location Map B. Tustin Historical Survey Report excerpt 175 N. C Street C. Land Use Application Fact Sheet D. Submitted Plans E. Zoning Administrator Action No. 13 -011 S: \Cdd\ZA REPORT\2013 \DR2013 -013 MA2013 -005 175 N C St.dou ATTACHMENT A LOCATION MAP LOCATION MAP MA 2013 -005 & DR 2013 -13 175 N. C STREET ^ 17592 N Z N A tD n 17662 17682 SY IORE PLAZA !p n 17712 17742 MAGNOLIA PLAZA A n - PROJECT SITE w ...00000 O0C2 00 G0007O 00[t:�00 17 32 1 180 183 780 183 50O7H 5u:•! m A 173 170 a 173 N m m 170 Sf ORANGEWOOD LN, 168 165 168 ' 165 170 - po 160 763 160 763 158 755 158 155 150 7153 -• 150 7153 110 `- 48 145 748 145 14 Z p , 143 ,.. } 20 ' -± - .-1 - LOCKWOOD PARK ^__.•- 138 A 135 138 0 ! 135 1j U 130 130 133 124 I 1 125 124 ry 125 Wi R 1171 ATTACHMENT B TUSTIN HISTORICAL SURVEY REPORT EXCERPT 175 N. C STREET State of California — The Resources Agency Primary DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Pagel of 1 B1. Historic Name: B2- C'ommonName: B3. Original Use: Residential BJ. Present Use: Residential *115. Architectmal Stvle: Craffiman Blm=_alorw *116. Constrii1tan History: (Cociourtica due, d*,ennicins, aai date ofalterodocis) 'NRHP Status Code.: 5D1 'Resource Name or # (2S7)173 C Street N Thu building was built around 1920. Similar to the building at 173 C Street, this building appear to be modified vnth a new multi parted window on its frort facing fagade, and a new porch on the side. *B;- Moved? X*No des Q[:nlmown Date: OriginalLotation: *B8. Related Features- 119a Architect: uttbnown b. Builder: *B10. Significance: Theme: Restd = =.nti.a➢Arhttei:mre Area: Santa An Tustin, CA Period of Significance: 1900 -1943 Property Type: RestdenRal Applicable Criteria: C (Discuss importance in contests de5uedbythee ,peiod, and getigraplix scare Alsoaciressiategoty.) This building may be significant as am ecarrnple of the Crnfranaa Bungalow style in Tustin. but alterations have imp3c?ed the original integrity. The building's character defining features include, but are not limited to: • front being gables, open eaves and exposed rafler. A separate garage is located in the rear of the property. 1111. Additional Resource Atb"ibutes:(HP2�—Single Familpy Property *1112. References: CYCv ofTu.7bt Harorica7 Suney, thirtieth street architects, inc-, June, 1990; Tustin: d Ci;v of 71rees, Carol H. Jordan, Heritage Media Corp. 1996, 1113. Remarks This buiidiug requires additional information and research to assess fully, its significance. *1113- Evaluator: TEA West, C. lardan *Date of Evaluation: Oct 2002 (This space reserved for official comments.) DPR 5238 (11951 'Required information (Sketch Map with north arrow required.) IR1'I %F 1101 I f11R11 O M1 ry 4C /e0 /u i.. 163 Ire 175 Sri 17o 173 _ 173 - 165 'i 165 170 160 Y 163 160 5 16,7 Ix Z 155 ,^, 156 J 7 Isis 160 150 153 U 150 111 110 146 145 h 144 145 140 143 140 143 170 Ix us 156 y5 'Required information ATTACHMENT C LAND USE APPLICATION FACT SHEET LAND USE APPLICATION FACT SHEET 1. LAND USE APPLICATION NUMBER(S): MA 2013 -005 AND CUP 2013 -13 2. LOCATION: 175 N. C STREET 3. LOT: _ BLOCK: C TRACT: 338 4. APN(S): 401- 532 -02 5. PREVIOUS OR CONCURRENT APPLICATION RELATING TO THIS PROPERTY: N/A 6. SURROUNDING LAND USES: NORTH: Residential SOUTH: Residential EAST: Residential WEST: Residential 7. SURROUNDING ZONING DESIGNATION: NORTH: Single Family Residential (R1) SOUTH: Single Family Residential (R1) EAST: Single Family Residential (R1) WEST: Single Family Residential (R1) 8. SURROUNDING GENERAL PLAN DESIGNATION: NORTH: Low Density Residential SOUTH: Low Density Residential EAST: Low Density Residential WEST: Low Density Residential 9. SITE LAND USE: EXISTING PROPOSED Use: Single Family Residential No Chance Zoning: Single Family Residential No Chance General Plan: Low Density Residential No Chance DEVELOPMENT FACTS: 10. LOT AREA: 6,401 S.F. or 0.14 ACRES 11. BUILDING LOT COVERAGE: 40% MAX. PERMITTED 24% PROPOSED 12. SITE LANDSCAPING: N/A REQUIRED N/A PROPOSED 13. OPEN SPACE: N/A REQUIRED N/A PROPOSED 14. PARKING: 2 -CAR Garage REQUIRED 1 -CAR GARAGE PROPOSED 15. BUILDING HEIGHT: 35 feet MAX. PERMITTED 22 feet 6 inches PROPOSED 16. BUILDING SETBACKS: REQUIRED PROPOSED FRONT: 20 feet 46 feet (existing) SIDE: 5 feet 2 feet 4 inches (authorized by TCC Section 9271 o) REAR: 5 feet 25 feet 18. OTHER UNIQUE CONDITIONS ASSOCIATED TO THE PROPERTY (LE, SPECIAL STUDY ZONES, EASEMENTS, ETC.) Listed in Tustin Historical Survey "D" Rating, and National Reoister of Historic Places Status of 5D1. Forms: Land U seAp plicationFactS h eet ATTACHMENT D SUBMITTED PLANS # { \\\ LA to ft,ff.� , }�1\ | -!r #t ! ! 1\� \ k }■ \ Vi r IT, !k ƒ 7ƒ�: { 'E / r !i / 7 F9 � - -� � . � .� u P �� Z 7 � 0. 17 -� F. 0 z m- _& «- et -� a» . _m :q : _,: _ ,_� tAe# _, _ 7AZ__,a__.C441 ,i; } ® /£�5.1 ( . B x LT §0' &. �•- (3 �k2° ¥ TL K2{ \ \ \\ I ¥ ! § m- _& «- et -� a» . _m :q : _,: _ ,_� tAe# _, _ 7AZ__,a__.C441 ATTACHMENT E ZONING ADMINISTRATOR ACTION NO. 13 -011 ZONING ADMINISTRATOR ACTION 13 -011 MINOR ADJUSTMENT 2013 -005 DESIGN REVIEW 2013 -13 175 NORTH C STREET The Zoning Administrator of the City of Tustin does hereby resolve as follows: I. The Zoning Administrator finds and determines as follows: A. That a proper application for Minor Adjustment (MA) 2013 -005 and Design Review (DR) 2013 -13 was filed by Giovanni Mejia of Meso Industries, LLC, property owner, requesting to decrease the number of required off - street parking spaces by one (1) garage space for a recognized historic resource and modify the historic structure by expanding the first floor and adding a second floor. B. That the site is designated as Low Density Residential by the City General Plan and is zoned as Single Family Residential (R1). The project is consistent with the Air Quality Sub - element of the City of Tustin General Plan. C. Tustin City Code Section 9264b allows for the number of required off - street parking spaces to be decreased by one (1) garage or parking space when associated with a recognized historic resource when specific findings can be made. D. That the Zoning Administrator has the authority to approve, conditionally approve, or deny the request for a minor adjustment to decrease the number of required off - street parking spaces for historic residential land uses by a maximum of one (1) parking space pursuant to Section 9299b(1)(i) of the Tustin City Code. E. That the establishment, maintenance, or operation of the project 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) Tustin City Code Section 9264b allows for the number of required off - street parking spaces to be decreased by one (1) garage or parking space when associated with a recognized historic resource and when specified hardship findings can be made. 2) The subject property is listed on the City's historic survey as a "D" rated California bungalow structure with a National Register of Historic Places (NRHP) status of 5D1, recognizing the home as historically significant to the local historic resources. 3) The subject property has an existing one -car garage provided on -site Zoning Administrator Action 13 -011 MA 2013 -005 & DR 2013 -13 Page 2 4) Due to the configuration and layout of the existing house, one -car garage, and other site components including stoops and setbacks, there is not adequate room to accommodate another garage space with sufficient space for access and back -up distance, and providing a new garage space or access to a new garage could result in significant alteration or demolition of the historic structure or historic garage. 5) The existing house is approximately 1,096 square feet and the proposed addition is 543 square feet, an increase of approximately 49.5 percent of the existing square footage. As conditioned, the residential addition will be limited to a maximum 150 percent of the existing original residential square footage. 6) The existing one -car garage is setback over 98 feet from the street, and the driveway leading to the garage can accommodate the required number of parking spaces. 7) In order to accommodate a two -car garage or second one -car garage, significant alterations would be required to provide sufficient access and backup distance, significantly damaging the integrity of the historic structure and site. 8) The rear expansion of the master bedroom and kitchen and addition of a second floor with two bedrooms and a bathroom will increase the livability, functionality, and value of the historic home without changing the appearance of the property from the public right -of -way. 9) The minor adjustment is not associated with the addition of a second residential unit or an increase in density or intensity. 10) Approval of the proposed Minor Adjustment 2013 -005 would not be granting a special privilege in that the subject property is listed on the City's Historic Resources Survey and the City Code allows listed properties to apply for a decrease in off - street parking requirements when certain hardship findings can be made. Other properties listed on the Historic Resources Survey that could also meet the required findings may also be considered for a minor adjustment on a case -by- case basis. F. Pursuant to Section 9272c of the Tustin City Code, the Zoning Administrator finds that the location, size, architectural features, and general appearance of the proposed project will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole. In making such findings, the Community Development Department has considered at least the following items: 1. Height, bulk, and area of buildings. The height and bulk of the proposed project is compatible with the existing and surrounding buildings in that there are other two (2) story houses within the vicinity and the new addition is similar in width as the existing structure. Zoning Administrator Action 13 -011 MA 2013 -005 & DR 2013 -13 Page 3 2. Setbacks and site planning. The proposed project is in the rear of the property and in compliance with the Tustin City Code setback requirements. 3. Exterior materials and colors. The proposed project includes exterior finishes and materials that are compatible and match the existing structure. 4. Type and pitch of roofs. The proposed roof is consistent with the existing structure, utilizing matching gable end roofs and exposed roof beams. 5. Size and spacing of windows, doors, and other openings. The proposed windows, doors and openings are compatible with the existing structure and design in that the style and spacing of window, doors, and trim are similar to the existing house. 6. Parking area design. The proposed parking area and design is an improvement to the property in that the garage modifications would bring the detached garage into compliance with the City Code and the existing long driveway can accommodate additional cars for parking purposes. 7. Physical relationship of proposed structures to existing structures in the neighborhood. The physical relationship of the proposed structures to existing structures in the neighborhood is primarily the same as the existing condition in that the rear of the house and garage are being extended by approximately two (2) to three (3) feet. 8. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. The appearance and design relationship of the proposed structures to existing and possible future structures is compatible with the neighborhood and public thoroughfares in that the new second story addition is located in the rear of the property and would not be highly visible from the public street. 9. Development Guidelines and criteria as adopted by the City Council. Overall, the physical location of the residence and detached garage are consistent and compatible with the neighboring residential use. The proposal is consistent with the City's requirements to modify and existing structure that is listed on the Tustin Historic Survey. The proposal to reconstruct and modify the structure with similar design to the existing structure is consistent with the development guidelines and criteria adopted by the City Council. Zoning Administrator Action 13 -011 MA 2013 -005 & DR 2013 -13 Page 4 G. That this project is Categorically Exempt pursuant to Section 15301, Class 1, Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). The Zoning Administrator hereby approves Minor Adjustment 13 -011 to authorize a decrease in the number of required off - street parking spaces by one (1) garage space for a recognized historic resource and modify the existing residence by expanding the first floor and adding a second floor, 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 October, 2013. ELIZABETH A. BINSACK ZONING ADMINISTRATOR ADRIANNE DILEVA- JOHNSON RECORDING SECRETARY STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN I, 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 -011 was duly passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 30th day of October, 2013. ADRIANNE DILEVA- JOHNSON RECORDING SECRETARY EXHIBIT A ZONING ADMINISTRATOR ACTION 13 -011 MINOR ADJUSTMENT 2013 -005 DESIGN REVIEW 2013 -13 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped October 30, 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 as specified, subject to review and approval by the Community Development Department. 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 Minor Adjustment 2013 -005 and Design Review 2013 -13 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 As a condition of approval of Minor Adjustment 2013 -005 and Design Review 2013 -13, 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 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 13 -011 Page 2 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 the defense of any such action under this condition. (1) 1.6 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney's fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. USE RESTRICTIONS (1) 2.1 The applicant shall maintain a minimum one -car garage on -site. Should the existing garage be removed, replaced, or destroyed, all required parking would need to comply with the codes in place at that time. (1) 2.2 New additions to the historic structure shall be limited to a maximum of one hundred fifty (150) percent of the existing 1,096 square feet. Increases in square footage beyond this limit shall require a second garage space to be provided on -site. (1) 2.3 The applicant shall apply for and obtain building permits for any alterations. (1) 2.4 The garage and driveway shall remain permanently accessible for the parking of a minimum of two (2) cars on -site. PLAN SUBMITTAL (1) 3.1 The applicant shall provide a sample materials board at plan check submittal for review and approval by the Community Development Department. Exterior finishes, such as siding, trim, etc., shall be designed and chosen to match existing. (5) 3.2 The existing garage shall be modified to have an eight -foot wide garage door opening and minimum ten (10) feet by twenty (20) feet interior dimensions, in compliance with the Tustin City Code. (1) 3.3 At the time of building permit application, the plans shall comply with the latest edition of the codes (building codes, Green Building Code), City Ordinances, State, Federal laws, and regulations as adopted by the City Council of the City of Tustin. a. The proposed eave for the residence that is 2 to 5 feet from the property line must be one -hour fire resistive construction. The proposed eave at the garage is permitted to extend four (4) inches into the two -foot fire separation distance when the eave construction is one -hour fire resistive construction. 2010 California Residential Code Table R302.1(1). Exhibit A ZA Action 13 -011 Page 3 b. Openings in walls, such as the proposed gable vent, are not permitted when least than 3 feet from the property line. 2010 California Residential Code Table R302.1(1). (5) 3.4 Prior to issuance of a Building Permit, the applicant shall provide written approval from the Orange County Sanitation District (OCSD) for sewer service connections. FEES (1,5) 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.