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HomeMy WebLinkAboutZAA 13-011ZONING 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: 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). II. 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. R:�4—.Ta4- ADRIANNE DILEVA- JOHNSON RECORDING SECRETARY STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) � 1 ELIZABETH A. BINSACK ZONING ADMINISTRATOR 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.