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HomeMy WebLinkAboutPC RES 4237RESOLUTION NO. 4237 A RESOLUTION OF THE TUSTIN PLANNING COMMISSION, APPROVING DESIGN REVIEW (DR 2013- 007) TO CONSTRUCT A TWO CAR GARAGE AND REMODEL AN EXISTING SINGLE FAMILY RESIDENCE FOR CODE COMPLIANCE AT 675 W THIRD STREET. The Planning Commission of the City of Tustin finds and determines as follows: A. That a proper application for Design Review (DR) 2013 -007 was filed by Leon Tran on behalf of the owner, Hiep Bui, proposing to construct a new two car garage and remodel at an existing single family residence for code compliance at 675 W. Third Street. B. That the site is designated as Low Density Residential by the City General Plan and is zoned as Single- family Residential (R1), where single family residential use is permitted. 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 property has had several code enforcement violations which dates back several years including unpermitted basement (April 23, 2007), unpermitted bedroom conversions for a total of 7 bedrooms (max. 3 permitted), conversion of a two -car garage to a bedroom, unpermitted bathroom additions, converted of open air patio into a living space, and other structural and various code violations (November 7, 2013); D. That this project proposal is in response to the Notice and Order issued on November 16, 2012, to abate all violations listed therein; E. That the Director may recommend a design review application for Planning Commission consideration based on the merits of each individual proposal. Based on the previous history of this property and input from the surrounding community, the Director has recommended this item for consideration by the Planning Commission to allow for additional public input; F. 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; G. That a public meeting was duly noticed, called, and held for Design Review 2013 -007 on December 10, 2013, by the Planning Commission; Resolution No. 4237 675 W. 3rtl Street Page 2 H. That the location, size, architectural features and general appearance of the proposed development will not impair the orderly and harmonious development of the area. In making such findings, the Planning Commission has considered the following items: 1. Height bulk and area of buildings — the height and bulk of the building meets current standards and will remain essentially the same. The lot coverage is allowed at a maximum of 40% lot coverage and is proposed at 40 %. 2. Setbacks and site planning — The existing residence and proposed addition of the garage meet the required front, side and rear setbacks for the R1 District. The proposal to demolish a portion of the front fagade to accommodate a new front porch will provide a welcoming approach to the front of the house and is consistent with surrounding residences within the Cultural Resource District. 3. Exterior materials and colors — The exterior materials and colors are proposed to match the existing house and consist of muted brown earth tones. 4. Type and pitch of roofs — The rooflines will remain as they currently exist. The addition of a new entry and two car garage with pitched roof is consistent with the pitch and architectural design other properties within the residential area. 5. Size and spacing of windows, doors, and other openings — Most windows will remain. A new front entry door with a small entry porch is proposed which will create an inviting and aesthetically pleasing fagade. 6. Landscaping, parking area and design and traffic circulation — The unpermitted brick paving will be removed in portions of the City Right of Way to accommodate a sidewalk and drive approach. A landscaping plan will be required prior to issuance of a building permit. 7. The property is zoned for single family residential use and is limited to no more than the maximum of four (4) bedrooms at all times unless a third car garage is provided. Use of any portion of the property or attached room(s) as a guest quarters, second unit, or boarding house is not permitted. Prior to the issuance of building permits, the property owner will be required to execute and record a deed restriction in a form acceptable to the Community Development Resolution No. 4237 675 W. 3d Street Page 3 Department and City Attorney to ensure that the property shall maintain a maximum of four (4) bedrooms and no part of the residence is used for any use other than single family residential. This deed restriction will need to 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. In the alternative, the proposal should incorporate a three (3) car garage. 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) That the Planning Commission hereby approves Design Review 2013 -007 subject to the Conditions of Approval attached hereto in Exhibit A. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission held on the 10th day of December, 2013. AfC. zg:10= T ZAK Chairperson ELIZABETH A. BINSACK Community Development Director STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN 1 CERTIFICATION FOR RESOLUTION NO. 4237 I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4237 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 10th day of December, 2013. L'e cz ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A TO RESOLUTION NO. 4237 Resolution No. 4237 675 W. 3rtl Street Page 4 EXHIBIT A RESOLUTION NO. 4237 DESIGN REVIEW 2013 -007 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform to the submitted plans for the project date stamped December 10, 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, 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 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 Design Review 2013 -007 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. SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODE /S (4) DESIGN REVIEW * ** EXCEPTIONS (5) RESPONSIBLE AGENCY REQUIREMENTS (6) LANDSCAPING GUIDELINES (7) PC /CC POLICY Resolution No. 4237 675 W. 3rd Street Page 5 (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 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) 1.7 As a condition of approval of Design Review 2013 -007, 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 (1) 2.1 The property is authorized as a single - family residential use only. Home businesses shall comply with the City of Tustin's Home Occupation requirements. (1) 2.2 A Certificate of Appropriateness, issued by the Director of Community Development, will be required at the time of building permit issuance. (6) 2.3 At plan check, submit landscaping and irrigation plans for all landscaping areas consistent with adopted City of Tustin Landscaping requirements. (5) 2.4 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. (7) 2.5 The property shall maintain no more than the maximum of four (4) bedrooms at all times unless a third car garage is provided and that use of any portion of the property or attached room(s) as a, guest quarters, second unit or boarding house is not permitted. Specifically, the study may not be converted to a bedroom without prior approval of the Community Development Department. Prior to the issuance of building permits, the property owner shall execute and record a deed restriction in a form Resolution No. 4237 675 W. 3d Street Page 6 acceptable to the Community Development Department and City Attorney to ensure that the property shall maintain a maximum of four (4) bedrooms and no part of the residence is used for any use other than single family residential. 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. BUILDING DIVISION (1) 3.1 At the time of building permit application, the plans shall comply with the 2010 Edition State and the City of Tustin adopted codes: California Residential Code, California Electrical Code, California Plumbing Code, City Ordinances, and State and Federal laws and regulations. PUBLIC WORKS 4.1 The applicant should submit improvements to be demolished accurate parkway dimensions. plans that clearly depict existing and proposed new improvements with 4.2 The applicant shall design and construct a new two -car driveway approach. The new two -car driveway approach shall meet the current federal Americans with Disabilities Act (ADA) requirements and the city of Tustin Public Works Standards. 4.3 Prior to issuance of a building permit, the applicant shall provide written approval from the Orange County Sanitation District (OCSD) for addition /remodel. 4.4 The property owner shall be responsible for the maintenance of any unpermitted brick pavers in the public right of way. 4.5 Prior to any work in the public right -of -way, an Encroachment Permit must be obtained from and applicable fees paid to the Public Works Department. 4.6 Replacement of existing driveways with curb, gutter and sidewalk along W. Third Street shall conform to City of Tustin Public Works standards and current federal Americans with Disability Act (ADA) requirements. 4.7 Construction and Demolition Waste Recycling and Reduction Plan (WRRP). A. The applicant/contractor is required to submit a WRRP to the Resolution No. 4237 675 W. 3rtl Street Page 7 Public Works Department. The WRRP must indicate how the applicant will comply with the City's requirement (City Code Section 4351, et al) to recycle at least 50% of the project waste material. B. The applicant will be required to submit a $50.00 application fee and a cash security deposit. Based on the review of the submitted Waste Management Plan, the cash security deposit will be determined by the Public Works Department in an amount not to exceed 5% of the project's valuation. C. Prior to issuance of a (building or grading) permit, the applicant shall submit the required security deposit in the form of cash, cashier's check, personal check, or money order made payable to the "City of Tustin ". FEES (1,5) 5.1 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) 5.2 Within forty -eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department a CASHIER'S CHECK payable to the County Clerk in the amount of fifty dollars ($50.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty -eight (48) hour period that applicant has not delivered to the Community Development Department the above -noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened.