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HomeMy WebLinkAbout02 USE PERMIT D.R. 02-02-98DATE: NO. 2 2-2-98 I nte r-Co FEBRUARY 2, 1998 TO' FROM: SUBJECT: WILLIAM A. HUSTON, CITY MANAGER COMMUNITY DEVELOPMENT DEPARTMENT APPEAL OF CONDITIONAL USE PERMIT 97-0'14 & DESIGN REVIEW 97-023 (CONTINUED PUBLIC HEARING) RECOMMENDATION That the City Council take action as deemed appropriate. FI-SCAL IMPACT The applicant paid the original application fees, and there were fees collected for the appeal of the Zoning Administrator's Action. BACKGROUND On December 1, 1997, the City Council conducted a public hearing to consider the appeal of the approval of Conditional Use Permit 97- 014 and Design Review 97-023, a request to convert an existing two- story detached garage into a guest house and to construct a two- story garage addition to the main residence located at 340 West 2nd Street. The Council identified several concerns regarding the architectural mass of the proposed addition, proximity to neighboring uses, and potential to block sunlight. That hearing was continued from the January 5, 1998, and January 19, 1998, City CounCil Rep¢ Appeal of CUP 97-u_~ & DR 97-023 February 2, 1998 Page 3 DISCUSSION On December 5, 1997, the applicant met with staff to discuss the concerns raised at the Council meeting and how to alleviate those concerns. As a way to address the Council's concerns, different configurations for the garage addition were studied. Some of these modifications included: reduction of the addition from two stories down to one story; moving the addition towards the front or rear of the existing residence, and; attaching the addition to the existing detached structure. The one-story garage and attached garage options were not acceptable to the applicant because they would significantly reduce the building square footage. Also, moving the addition to the front of the residence was not feasible as it was more of a deviation from the residential design themes of Old Town, which suggest having the garage towards the rear of a residence. ~The applicant is proposing a two-story garage addition attached to the main residence, setback from the front line of the residence approximately four feet. The setback helps to provide more of a break in the architectural mass of the building, lessening the visual impression of a building occupying the entire width of the lot. The second story of the addition has been set back two additional feet from the front wall on the first floor. A gabled window seat is proposed for the second story of the addition that would mimic the appearance of the front porch of the residence. In modifying the proposed request, the applicant has attempted to minimize sun blockage that affects the neighboring residence. The applicant also prepared a sun elevation study to determine what effect the addition might have on the adjacent property to the west (see Sheet 4, Attachment B). Measurements were calculated for the winter and summer solstices, to provide the extremes for this situation. The study's findings can be summarized as follows: During the winter months, the new garage addition to the main residence does not block sunlight into the adjacent residence's east facing windows. Shadowing is caused by the existing accessory building, and will dissipate by 10:00 a.m. During the summer months, the existing main residence causes a shadow effect over the adjacent residence that dissipates by 8:00 a.m. The proposed addition to the main residence would increase the shadow effect such that it would not dissipate until 9:00 a.m. There are three potential courses of action that the Council could take. The City Council could approve the project as resubmitted. In that instance, a Resolution would be prepared incorporating City Council Repoz Appeal of CUP 97-0~_ & DR 97-023 February 2, 1998 Page 4 the conditions of approval adopted by the Planning Commission as well as any conditions proposed at the Council meeting. The City Council could approve the project incorporating modifications to the plans suggested by the Council. As above, a Resolution noting the. action and appropriate conditions o~f approval would be prepared. The City Council could uphold the appeal and deny the project application. A Resolution of denial would be prepared and presented should the Council so act. BE: cup97014, cc Elizabeth A. Binsack ~ Director, Community Development Attachments: A - Location Map B - Submitted Plans C - City Council Report Dated December 1, 1997 D - Planning Commission Resolution No. 3558 ATTACHMENT A LOCATION MAP //f_~ ~///'. 3~01 LO CATI 0 N MAP ATTACHMENT A ~zo j -C:.C.T ' MAI~ U~ FIRST ) L STREET) ( J I SF. CONO ST. 135 130 '~.45o 47o49 140 155 IlS 17~ -I~ ~OS PEPPERTREE . PARK .~.' SECOND ' ST. ST. \ 320 · MAIN · 200 DMIN.  BLOC. ,~ STREET NO SCALE ATTACHMENT B SUBMITTED PLANS ' t ' ' i PROPOSED REMODELING & ADDITION THOMAS GRAEVEN FOI~ ARCIIIT~C'r MS C. DALRMPLE .??, o~m;o~ Dmv~ IIUNTINGTON BEACH CA ~o w 2M I'X.ISTIN CA C-1]573 o PROPOSED REMODELING & ADDITION FOR MS C. DALRMPLE 140 W. 2fld. TUSTIN CA THOMAS GRAEVEN ARCHIT£CT 1771 CIIAKFORD DRIVE III. JNTIPMGTON REACH CA. 92646 C-1357] (714) g61~?l? PROPOSED REMODELING & ADDITION IrOR MS C. DALRMPLE THOMAS GRAEVEN · ARCHITECT I~l ClIAJI. FORD DRIVE C*I)I?I THOMAS GRAEVEN ARCHITECT $771 CHAPdeOKD DKIVK IIUNTINGTON BEACH CA i ATTACHMENT C CITY COUNCIL REPORT DECEMBER 1, 1997 DATF_' DECEMBER 1, 1997 KO. 2 '-.'-. 12-1-97 TO: WILLI~2~ A. PIUSTON, CITY F~kNAGER FROM: CO.WRC/NITY DEVELOPMENT DEPARTMENT SU-LJ-_-C7: APPE~-L' OF CONDITIONAL USE PERMIT 97-014 & DESIGN REVIEW 97-023 SU3IMARY:':-- Conditional Use .Permit::;(CUP) .. 9..7-014 and.Design-:' Review.:~.9..7-023 are requestS' to :COnvert an existing'. dela~hed::two':sto'o,: garage':'into a' guest.'.Itb'U'se and to '. Thd/~'roje~? ?:site '(is ' loCa}ed'i':'::fcith'~h::::('th'~'(:.'~'le:':~''paFu'O;:''x'~iitehtiai/Cillt~'~'~'i,:''~::.:R~':s'Ou~de o?erta3,... (£':'"'i/cR).::-ZOning.' .DistricL'i!::~i; -.On'.'i..o~'t. ober:::":6,-', s 99.7,"~:.'t;ie' Zo',ing:':.i':A'd.mi,!istra,or aRR..roved . .CUP.. 97-014 '.and..'-DR. '9.7-023; :::':'~" On:'..' &:ovember..? ] O, 1997,': .the :-~Plannb~g :: :o..,.. fez' ]~e~ii.t.::i~;~.~..z~xig".:.]~e~~:.~....`~"~i~.~i..t~:::~:..~:~i;i:~:.:.~~p~e:~::~:?~::....:.~.':~.:~:..:~ i.' .. ;: :.,;::?.;.': .... .' REcoM1ZENDATi ON That the City Council take action as deemed appropriate. FISCAL iMPACT The applicant paid the original application fees, and there were fees collected for the appeal of the Zoning Administrator's Action. As this item was appealed by the City Council, no fees were collected for this hearing. BACKGROUND AlhrD DISCUSSION Project Descrio5ion The existing residence and detached garage were constructed in the 1970s and are not identified within the City's Historic Survey. The upper floor of the detached garage includes inuerior improvements, (i.e: kitchen, full bathroom, entertainment room, bedroom, hallway, and storage room),', that were constructed by a previous owner without the benefit of any zoning approvals or building permits. Accessory buildings used as guest rooms are allowed in an R-1 zone 'with a CUP per TCC Section 9223 (B) (3) . The following provides a description of the improvements proposed. Guest House -0 · The lower level includes a game room, home office, and bathroom in place of the existing two car garage parking spaces. City Council Repor% ADDea! of ~UTM~ _ 97- 0n~_= & DR 97- 023 D=c=mb=~ n ncc7 ~ac~ 2 The upper level includes a bedroom, bathroom, storage room, and entertainment room with wet bar. The existing kitchen improvements will be removed for comp~-nc___= = with TCC Section 9279 to the satisfaction of the Building Official (PC Condition 2.2, Resolution 3558). Garace/Room Addition The proposed addition will increase, the building footprint by approximately 512 square feet and increase total floor=-r~a= by approximately 1,025 square feet. The lower level includes a two car enclosed garage to replace the garage spaces lost with the guest room conversion. · The upper level includes a studio room. The proposed addition will be architecturally consistent with the existing structures, and include a 28'-6" front setback (20 foot minimum recuired) and a 7' -6" side setback (5 foot minimum -- required) . Site and Surroundin~ Prooerties The site is 7,500 square feet in size and located within the.Cultural Resources Overlay District on the south side of West 2nd Street, between A and B Streets. Surrounding uses include residential uses to the north, south, east, and west. .The site is zoned Single Family Residential (R- I). Use'Restrictions Tustin City Code Section 9297, defines a guest house as: "detached living quarters of a permanent typ. e, without kitchens or cooking facilities and where no compensation in any form is received or paid" Therefore, to ensure compliance with the definition of a guest house, the Planning Commission imposed a condition requiring the. property owner to execute and record a deed restriction stating that the guest house and room addition shall not be used for leasing, nor shall kitchen and/or cooking facilities be installed to constitute a second dwelling Knit. The Planning Commission also imposed a condition requiring the removal of the existing kitchen improvements. Public Concerns At the Zoning Administrator' public hearing held September 22, 1997, verbal testimony Was received from six individuals who spoke in opposition to the project. Primarily their concerns related to the aesthetic impacts, the density of the structures, the bulk and location of the structures, and Orange County Fire. Authority access. The Zoning Administrator continued the public hearing to allow.staff to investigate and respond to the concerns presented. The Zoning Administrator approved this Project with conditions on. October 6, 1997. Ciuv Council Re~or- A~ea! of CUP 97-01_ & DR 97-023 December !, 1997 Dac~ 3 On October 8, 1997, Mary L. Rivas filed a timely appeal of the ZoDing Administrator's approval of the project and noted her justification for the appeal (Attachment D). The Planning Commission considered the appeal and upheld the Zoninc Administrator's Action =inding that the project was in como!iance wit~ the R-1 development standards, in' particular: ® Buildinc Heicht - Proposed 25 feet (maximum 30 feet); Side Yard Setback - Proposed 7.5 feet (minimum 5 feet); Lot Coverace - Proposed 39.49 percent (maximum 40 percent). CITY COUNCIL ALTERNATIVES The City Council has the discretion to take one of the fol!.owing actions: ® Uphold the P!a~ning Commission's decision and direct staff to prepare the appropriate Resolution for consideration at the next meeting; ® Direct staff to prepare a Resolution modifying the project design; or, ® Direct staff to prepare a Resolution denying the request. BE :br: cup97014, cc ~izabeth A. Binsack Director, Community Development Attachments: Attachment A - Location Map Attachment B - Submitted Plans Attachment C - Zoning Administrator Action No. 97-007 Attachment D - Letter of Appeal Dated October 8, 1997 Attachment E - P!au_ning Commission Resolution No. 3558 Attachment F - Letter of Opposition ATTACHMENT D PLANNING COMMISSION RESOLUTION NO. 3558 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 RESOLUTION NO. 3558 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, ~DENYING THE. APPEAL AND UPHOLDING THE ZONING ADMINISTRATOR'S ACTION TO APPROVE CONDITIONAL USE PERMIT 97-014 AND DESIGN REVIEW 97-023, AUTHORIZING THE CONVERSION OF AN EXISTING TWO-STORY DETACHED GARAGE INTO A GUEST HOUSE AND TO CONSTRUCT A TWO-STORY GARAGE ADDITION TO AN EXISTING SINGLE-FAMILY RESIDENCE'LOCATED AT 340 'WEST 2ND STREET. The Planning Commission of the City of Tustin does hereby resolve as follows: I , The Planning Commission finds and determines as follows: A, B , C , m , E · .' That a proper application, Conditional Use Permit 97-014 and Design Review 97-023, was filed by Cindy Dalrymple to authorize the conversion of an existing two-story detached garage into a guest house and to construct a two-story garage addition to an existing single-family residence located at 340 West 2nd Street. That a public hearing was duly called, noticed and held on said application on September 22, 1997, and'a continued public, hearing was duly called, noticed and held on October 6,. 1997, by the Zoning Administrator. The Zoning Administrator adopted ~Zoning Administrator Action 97-007, approving ~the request 'to convert the existing garage and construct the new garage'. That on October 8, 1997, Mary Rivas, resident at 350 West 2nd Street, submitted an appeal of the Zoning Administrator's · action on this project. That a public hearing was duly called, noticed and held for said appeal on November 10, 1997, by the Planning Commission. That the proposed use is allowed within the R- i, Single-Family Residential District, with the approval of a Conditional Use Permit. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 3558 Page 2 F · G. That the conversion of an. existing two-story detached garage into a guest house and the construction of a two-story garage addition to an existing single-family residence, as conditioned, will not be detrimental to the health, safety, morals, comfort, or general welfare of persons residing or working in the neighborhood of such proposed use, nor be injurious or detrimental to the property and improvements -in the neighborhood of the subject property,-or to the general welfare of the City of Tustin, as evidenced by the following findings: The proposed addition complies with all development standards, set forth for the R-1 zoning district. · Ail proposed construction will be consistent in style, color and appearance with the existing construction. , Ail improvements within the detached structure that were constructed without City-issued building permits shall be brought into compliance with City Codes. · The. kitchen improvements within the detached structure will be removed and the exterior stairway will be enclosed, thereby reducing the potential for use of the structure as a rental second dwelling unit. · A deed restriction will be executed and recorded to prohibit the use of the detached structure for leasing, rental, or trade, and to prohibit the future installation of kitchen improvements within the structure. Said restriction will run with the land and be binding on all future owners or interested parties of the property. Pursuant to Section 9272 of the Tustin Municipal Code, the Planning Commission finds that the location, size, architectural features and general appearance of the parking lot expansion area 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 Planning Commission has considered at least the following items: Resolution No. '3558 Page 3 · . · Height, bulk and area of buildings. Setbacks and site planning. Landscaping, parking area des ign and traffic circulation. . . Location, height and exterior illumination. standards of Location and method of refuse storage. Physical relationship of proposed improvements to 'existing structures in the neighborhood. !0 !! 12 13 . · Appearance and design relationship of proposed improvements to existing structures and possible future structures in the neighborhood and public thoroughfares. Development Guidelines and criteria as adopted by the City Council. 14 15 H · This project is categorically exempt (Class 1) pursuant to Section 15301 of the California Environmental Quality Act. 16 17' 18 I · That 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. 19 II. The Planning Commission hereby denies the appeal and upholds the Zoning Administrator's action to 20 approve Conditional Use Permit No. 97-014 and. Design Review 97-023 to authorize the conversion of 21 an existing two-story detached garage into a guest house and the construction of a two-story garage 22 addition to an existing single-family residence at '340 west 2nd Street, subject to the conditions 23 contained, in Exhibit A, attached hereto. 24 PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular ting held on t~ e 10th day of mee~ 25 November, 1997. · 26 27 Chairman ELIZABETH A. BINSACK Planning Commission Secretary Resolution No. 3558 Page 4 ! STATE OF CALIFORNIA ) 2 COUNTY OF ORANGE ) CITY OF TUSTIN ) 3 I, ELIZABETH A. BINSACK, the undersigned, hereby certify. 5 that I am the Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3558 was 6 duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 10th day of 7 November, 1997. ~A~L~IZ~ETH A. ~BI~ACK !0 Planning Commission Secretary 1! 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT A PLANNING COMMISSION RESOLUTION NO. 3558 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 97-014 AND DESIGN REVIEW 97-023 NOVEMBER 10, 1997 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped November !0, 1997 on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development Department in accordance with this Exhibit. The Director of Community Development may also approve subsequent minor modifications to plans during plan check if such modifications are to be consistent with provisions of the Tustin City Code. (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 Conditional Use Permit and Design Review approval Shall become null and void unless all building permits are issued and substantial construction is underway within eighteen (18) months of the date of this Exhibit. Time extensions may be granted by the Zoning Administrator if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.4 Approval of Conditional Use' Permit 97-014 and Design Review 97-023 is contingent upon the applicant and property owner signing and returning an "Agreement to Conditions Imposed" form as established by the Director of Community Development prior to the issuance of building permits. (1) 1.5 The applicant shall hold harmless.and defend the City of Tustin from all claims and liabilities arising out of the City's approval of this project. SOURCE CODES (1) STANDARD CONDITION (3) UNIFORM BUILDING CODE/S (5) RESPONSIBLE AGENCY (7) PC/CC POLICY *** EXCEPTION (2) CEQA MITIGATION (4) DESIGN REVIEW (6) LANDSCAPING GUIDELINES Exhibit A Resolution~No. 3558 Conditions of Approval November 10, 1997 Page 2 PLANNING (4) 2.1 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 the guest room and room addition shall not be used for leasing, rent, or trade, nor shall kitchen and/or cooking facilities be installed. The deed restriction shall provide that if the City is required to commence and enforce an action to enforce the conditions contained herein and the City prevails~ the City shall be entitled to an award of costs and fees incurred by the City including attorney's fees and administration costs. The deed restriction shall be recorded with the Office of the County Recorder prior to the issuance of any permits and shall be binding on all future owners or interested parties of the property. (4) 2.2 The kitchen improvements within the guest house are not permitted pursuant to Tustin City Code Section 9233 (B) (3) and shall be removed to the satisfaction of the Building Official. (4) 2.3 'Ail improvements constrUcted without a building permit shall be identified on construction level drawings as required by Condition NO. 3.1 below, to the satisfaction of the Building Official. (1) 2.4 A Certificate of Appropriateness issued by the Community Development Director is required prior to the issuance of permits for the final design plans. BUILDING (1) 3.1 At plan check submit three (3) sets of construction plans, including architectural, structural, electrical., mechanical, plumbing, details and specifications, and two (2) sets of structural calculations. Requirements of the Uniform Building Code shall be complied with as approved by the Building Official. No field changes shall be made without corrections submitted to and approved by the Community Development Department. (3). 3.2 Ail new additions and existing areas added or converted to a different use shall comply with the prevailing building codes. Exhibit A Resolution No. 3558 Conditions of Approval November 10, 1997 Page 3 FEES (1) 4.1 Prior to issuance of any building permits, payment shall (5) be made of all. applicable fees, including but not limited to the following. Payment shall be required based upon those rates in effect at the time of payment and are subject to change. a. Building plan check and permit fees to the Community Development Department based on the most current schedule. B . Orange County Fire Authority plan check and inspection fees to the Community Development Department based upon the most current schedule. C . School facilities fee to the Tustin Unified School District subject to any agreement reached and executed between the District and the applicant. (1) 4.2 Within forty-eight (48) hours of'approval of the subject (5) project, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of $38.00 (thirty eight dollars) 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.