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HomeMy WebLinkAbout03 VAR 2016-02 & DR 2016-023 JOHN STEPHENS AGENDA REPORT ITEM #3 MEETING DATE: DECEMBER 13, 2016 TO: PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: VARIANCE 2016-02 & DESIGN REVIEW 2016-023 APPLICANT/ JOHN STEPHENS PROPERTY OWNER: 10905 SILVERADO TERRACE TUSTIN, CA 92782 LOCATION: 10905 SILVERADO TERRACE GENERAL PLAN: PLANNED COMMUNITY RESIDENTIAL ZONING: EAST TUSTIN SPECIFIC PLAN (SP 8) - ESTATE RESIDENTIAL PLANNED COMMUNITY RESIDENTIAL (PCR) ENVIRONMENTAL THIS PROJECT IS CATEGORICALLY EXEMPT PURSUANT STATUS: TO SECTIONS 15303 (CLASS 3) AND 15305 (CLASS 5) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). REQUEST: TO CONSTRUCT A 609 SQUARE FOOT GARAGE WITHIN THE FRONT YARD SETBACK AND 220 SQUARE FOOT RESIDENTIAL ADDITION WITHIN THE REAR YARD SETBACK. PC Report December 13, 2016 VAR 2016-02 & DR 2016-023 Page 2 RECOMMENDATION That the Planning Commission adopt Resolution No. 4332 approving Variance (VAR) 2016-02 and Design Review (DR) 2016-023 to authorize a zoning variance to allow construction of a 609 square foot garage within the front yard setback and 220 square foot residential addition within the rear yard setback at an existing residential property located at 10905 Silverado Terrace. APPROVAL AUTHORITY Pursuant to Tustin City Code (TCC) Section 9292, a variance may be considered by the Planning Commission after the conclusion of a public hearing for requests that do not comply with the Zoning Code. Pursuant to Section 9277 of the TCC, approval of a DR for the construction of new structures. BACKGROUND Site and Location The subject property is located within Tustin Ranch Estates in the community known as "Cameo Woods" and is located in the Planned Community Residential (PCR) district of the East Tustin Specific Plan, and is more specifically designated as Estate Density Residential, Single-Family Detached (E-SFD) (Attachment A — Location Map). The property was developed in 2002 as part of Tract 15993 and is comprised of a 5,193 square foot single family residence along the eastern portion of the parcel with attached garages totaling 739 square feet and is located on an approximately 18,355 square foot lot. Variance 02-001 On March 25, 2002, the Planning Commission approved Variance 02-001 authorizing the installation of a six (6) foot high block wall and three (3) — six (6) foot, six (6) inch pilasters within the front yard setback along Silverado Terrace. The wall exceeded the maximum permitted fence height allowed by TCC Section 9271(i)(1)(b), which required that no fence, hedge, or wall over three (3) feet in height be erected in the required front yard setback. As the only useable yard area is located to the west of the house and adjacent to the street, strict application of the applicable zoning would deprive the property of privileges enjoyed by other properties within the same zoning district as other lots with the Estate density residential district may enclose side and rear yard areas with fencing that is a maximum of six (6) feet eight (8) inches in height. Project Description The applicant is requesting approval of a Variance for the construction of a 609 square foot garage within the front yard setback along Silverado Terrace and a 220 square foot residential addition (craft/mud room) within the rear yard setback adjacent to the existing attached garage (Figure 1 and Attachment C). The applicant has indicated that due to the unique shape of his lot, the property would be deprived of the ability, to develop any PC Report December 13, 2016 VAR 2016-02 & DR 2016-023 Page 3 structure on the western portion of the lot, the primary useable yard area, unlike neighboring lots with the same zoning classification. DISCUSSION As a result of lot placement and the existing topography of the development, the subject property has an unusual configuration. As shown on Figure 1 , the property is located on a cul-de-sac with a significant amount of street frontage creating a lot width that is greater than the lot depth. In addition, the existing residential structure was constructed on the eastern portion of the lot, with the south, or "front," property line located along Silverado Terrace. Since the lot has a shallow depth on the west side due to the configuration of the cul-de-sac road and the house is located on the east side, the lot does not have a typical front and rear yard area. The only significant useable yard area is located to the west of the house and adjacent to the street. VX,SP,C Proposed Addition Key e 0 F�ront Sethack(20i�, Proposed Garage „. � r= ®Rear So back(2ft) 5+><aGE K8 SC r celldMKr T.6m ri„i4T3 weC ` YI Opti �' WVrR M%M `..' :C-'L'ti;•!ik' OIpM�+• �� 11 I ....�...P.. SRM +a. i. .' rrr�;E S.G.�l^-E;-•.: �� .. NCE S+A1: �r N e f x `lII Figure 1: Site Flan The applicant has requested a variance to construct a 609 square foot garage within the front yard setback along Silverado Terrace. The proposed garage structure would be constructed on the western portion of the residential lot and would be accessed from Silverado Terrace, a private street. The applicant has indicated that the primary purpose of the structure is for the storage of a recreational ski boat that is currently stored uncovered on the lot at this location. The proposed garage structure is consistent in design with that of the existing residence and colors and materials utilized for the structure shall match those utilized in the construction of the existing residence. PC Report December 13, 2016 VAR 2016-02 & DR 2016-023 Page 4 6 A?1 12 13 7 9 1 qRo 00 � 8 3 Figure 2: Front Elevation - Garage Section 3.6.3.A of the East Tustin Specific Plan requires a twenty foot (20'-0") front yard setback for all structures, shown in red in Figure 1. The proposed detached garage addition would encroach up to fifteen feet (15'-0") into this required front yard setback and would reduce the setback to five feet (5'-0") at the narrowest point. The proposed garage structure meets all other development standards including maximum height, lot coverage, and side and rear setback requirements for an accessory structure. The project also proposes an approximately 220 square foot residential addition (craft/mud room) proposed-to the rear of the existing single-family residence. Section 3.6.3.A of the East Tustin Specific Plan requires a twenty-five foot (25'-0") rear yard setback for the primary residence, shown in Figure 1 colored blue. The proposed addition would encroach up to seven feet eight inches (7'-S") into this required setback and would reduce the setback to 17 feet 4 inches (17'-4") at the narrowest point. The proposed residential addition meets all other development standards 'including maximum height, lot coverage, and side setback requirements for the residential structure. The existing residence is two stories in height and the proposed single story addition would be located to the rear of the property, screened from view by the existing residential, and would not otherwise be visible from the right-of-way. The proposed residential addition is consistent in design with that of the existing residence and colors and materials utilized for the structure shall match those utilized in the construction of the existing residence. PC Report December 13, 2016 VAR 2016-02 & DR 2016-023 Page 5 �i - -F- --- --- - --------- - l Iffl- FIE FE11 1 , Figure 3: Rear Elevation - Addition The applicant has personally notified neighbors in the vicinity of the intended project and obtained written authorization of the property owner adjacent to the project site. The property owner also has obtained approval of the Cameo Woods Community Association prior to submittal and has provided this letter to staff (Attachment.C). FINDINGS In determining whether to approve VAR 2016-02 to construct a 609 square foot garage within the front yard setback and 220 square foot residential addition within the rear yard setback, the Planning Commission must determine whether or not the proposed use is in accordance with California Government Code Section 65906 and Tustin City Code Section 9292. The granting of VAR 2016-02 shall not constitute the granting of a special privilege not afforded to other properties in the vicinity and identical zoning district of the subject property and there shall be special circumstances existing on the subject property that deprive it of privileges enjoyed by other properties in the vicinity and under identical zone classification. A decision to approve this request may be supported by the following findings: 1. The subject property is an irregularly shaped lot, located on a cul-de-sac, with a significant amount of street frontage creating a lot width that is greater than the lot depth; 2. The lot has a shallow depth on the west side due to the configuration of the cul-de- sac road and the house is located on the east side; the lot does not have a typical front and rear yard area; 3. That the property is located on a cul-de-sac and due to the need to provide a turnaround at the end of the street and the bulb shape of the cul-de-sac. This makes it difficult to comply with setback requirements; PC Report December 13,2016 VAR 2016-02 & DR 2016-023 Page 6 4. That strict application of the applicable development standards, particularly the front and rear setback .requirements, would deprive the property of the ability to maximize development potential, which is a privilege enjoyed by other properties within the same zoning district; 5. That granting of this variance would not constitute a special privilege that is inconsistent with the limitations on other properties in the East Tustin Specific Plan area in that the shape of the lot creates a hardship that is not present on the majority of other properties within the same zoning district. In determining whether to approve DR 2016-023, pursuant to Section 9272 of the Tustin Municipal Code, the Planning Commission finds 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 Commission has considered at least the following items: 1. Height, bulk, and area of buildings. Project proposal meets all applicable development standards that pertain to the height, bulk, and area. 2. Setbacks and site planning. As proposed, the garage meets minimum side and rear setback requirements applicable to an accessory structure but encroaches fifteen (15) feet into the twenty :(20) foot front yard setback. The proposed location of the garage is appropriate and allows safe ingress and egress. As proposed, 'the residential addition, meets minimum side yard setbacks applicable to the main residential structure but encroaches seven feet eight inches (7'-8"). into the twenty five (25) foot rear yard setback applicable to the primary residential structure. The single-story addition is in keeping with the existing home site layout and is screened by the existing two-story home. 3. Exterior materials and colors. The proposed garage structure and residential addition are consistent in architecture and design with that of 'the existing residence and the colors and materials utilized for the structure shall match those utilized in the construction of the existing residence. 4. Type and pitch of roofs. The type and pitch of the roof will match that of the existing residence. 5. Size and spacing of windows, doors, and other openings. The size and spacing of openings, such as windows and doors, will be similar to those utilized within the existing residence. The proposed garage structure will include a garage door opening with standard dimensions and the proposed residential addition will be screened from view by the existing residence. PC Report December 13, 2016 VAR 2016-02 & DR 2016-023 Page 7 6. Chimneys and roof structures. No chimney or similar roof structure is proposed in conjunction with this project. 7. Physical relationship of proposed structures to existing structures in the neighborhood. The locations of the proposed detached two-car garage along Silverado Terrace and residential addition (craft/mud room) to the rear of the property are consistent with the neighboring residential uses and is compatible with the surrounding community. 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 of the proposed two-car garage is consistent with that of the existing attached garages and existing residence. The design of the residential addition (craft/mud room) is consistent with the adjacent features on the existing residence. The residential addition is located to the rear of the existing attached garage and will be screened from view by existing structures. 9. Development Guidelines and criteria as adopted by the City Council. Aside from the aforementioned encroachments into the front yard and rear yard setbacks, the project complies with all other development guidelines applicable to the project. Staff recommends that the Planning Commission adopt Planning Commission Resolution No. 4332 approving Variance (VAR) 2016-02 and Design Review (DR) 2016-023 to authorize a zoning variance to allow construction of a 609 square foot two-car garage within the front yard setback and 220 square foot residential addition within the rear yard setback at an existing residential property located at 10905 Silverado Terrace. Samantha Beier Elizabeth A. Binsack Associate Planner Director of Community Development Attachments: A. Location Map B. Land Use Fact Sheet C. Submitted Plans D. Resolution No. 4332 ATTACHMENT A Location Map LOCATION MAP VAR 2016-02 & DR 2016-023 10905 SILVERADO TARRACE ti ti 500' 300' r•, PROJECT SITE .a cl -;.wil 40 Gp _ 1 _ 1 / L f r r s� ATTACHMENT B Land Use Fact Sheet LAND USE APPLICATION FACT SHEET 1. LAND USE APPLICATION NUMBER(S): VAR 2016-02 & DR 2016-023 2. LOCATION: EAST TUSTIN SPECIFIC PLAN (SP-8)- ESTATE RESIDENTIAL 3. ADDRESS: 10905 SILVERADO TERRACE 4. APN(S): 502-671-02 5. PREVIOUS APPLICATION RELATING TO THIS PROPERTY: NIA 6. SURROUNDING LAND USES: NORTH: RESIDENTIAL SOUTH: RESIDENTIAL EAST: RESIDENTIAL WEST: RESIDENTIAL 7. SURROUNDING ZONING DESIGNATION: NORTH: SP 8- PCFI SOUTH: SP 8- PCR EAST: SP 8- PCR WEST: SP 8- PCR 8. SURROUNDING GENERAL PLAN DESIGNATION: NORTH: PCR SOUTH: PCR EAST: PCR WEST: PCR 9. SITE LAND USE: A. EXISTING: RESIDENTIAL B. PROPOSED: RESIDENTIAL C. GENERAL PLAN: PCR PROPOSED GP: SAME D. ZONING: SP 8- PCR PROPOSED ZONING: SAME DEVELOPMENT FACTS: 10. LOT AREA: 18.355 S.F. 0.42 ACRES 11. BUILDING LOT COVERAGE: 40% MAX. PERMITTED 20% PROPOSED 13. PARKING: 3 CAR GARAGE EXISTING 5 CAR GARAGE PROPOSED 14. BUILDING HEIGHT: 35 FEET MAX PERMITTED NO CHANGE PROPOSED ACCESSORY HEIGHT: 12 FEET MAX PERMITTED 11'-11" PROPOSED 15. BUILDING SETBACKS: REQUIRED PROPOSED FRONT: 20 FEET 5 FEET SIDE (MAIN): 5 FEET 5 FEET SIDE(ACCESSORY): 5 FEET 5 FEET REAR (MAIN): 25 FEET 17 FEET-4 INCHES REAR (ACCESSORY): 5 FEET 5 FEET--4 INCHES ATTACHMENT C Submitted Plans all Cameo Woods Community Association March 15,2016 John M.&Joy P. Stephens 10.905 Silverado Ter Tustin CA 92782-4348 RE: 10905 Silverado Ter Dear Homeowner(s): Please review the enclosed regarding your recenvarchitectural.applica"tion submittal. City..and/or County approval may be-required. It is your responsibility to review the requirerrients with-the. City and/or County and make the appropriate submission accordingly. Please note,all Notice of Completions,if sent via e-mail,must be-sent as a.JPEG file to 11'�I�itciettiral�itPk�: StQjjgL?iqi ic.<;t)t31. �_._ w,_ I If your application is denied,you will need to make the correction noted and resubmit your application with three sets of revised plans. If you have any questions please do not hesitate to contact the architectural desk at(949)838-3239. Sincerely, At the Direction of the Board of Directors, Cameo Woods Community Association Architectural Desk girtTtiticturalttr?i:���stc�t�g {zcilic.ccsm 'rofessionally Managed by. Keyste Pacific Property Management,Inc. 16775 Von Karman Avenue,Suite.]! :IrArtc.;.CA 92606=4960• Tel(949)833-2600 Fax(949)833-0919 www,keystonepaeific.com 1, Architectural approval does not waive any Federal,State,or local regulation. ?. Architectural Committee approval does not constitute acceptance of any technical or engineering spec'itications, and Cameo Woods Community Associate assumes no responsibility-for such.The property,owner is responsible for all technical and engineering specifications,The Architectural Committee reviews aesthetic purposes only. 3. Landscaping for any residential lot shall be installed in the front, rear and side yard within one hundred eighty (180)days following the conveyance of the first owner thereof. 4 An oversight of a provision of the CC,&-R's, or a provision in the Design Guidelines,does not waive the rule, Corrections may be required. 5. Approval of drawing is not authorization to revise the original drainage system installed by the homebuilder and approved by the City. 6. The use of the neighbor's yard for construction access is not penttitted unless the neighbor has given written consent which includes a description of the access.The use of property owned and''or maintained by the Association for construction access or storage is not permitted,unless authorization by the Association the applicant signs a waiver of damage and posts a construction deposit for repairs of damage to property owned and/or maintained by the Association. 7. Building materials may not be stored on streets,sidewalks,common areas,or on property owned and/or maintained by the Association. Streets may not be obstructed by construction equipment. 8 The property owner is financially responsible for any repairs to property owned and or maintained by the Association damaged by a property owners projects. 9. Approval of drawings is not authorization to proceed with improvements on any property other than the lot reviewed by the Architectural Committee and by the applicant. All construction,reconstruction or alteration of any structure must take place wholly within and upon property owned by applicant. 10. Approval is subject to good landscape practices(e.g.proper spacing of trees,adequate drainage,and appropriate types of vines on walls). DO NOT WRITE BELOW THIS LINE(For Committee Use Only) The Architectural.Review Committee has determined that the above submitted is: la11APPROVED 0 APPROVED WITH CONDITIONS ❑ DISAPPROVED AS SUBMITTED ( )See notes on plan ( } Minimum foot setbacks must be maintained at property lines and sidewalk. ( ) Maintain existing drainage pattern or provide alternative drainage method. ( )Resubmit patio cover with additional dimensions and elevation. ( }Do not pour concrete/backfill against existing fence. ( )Core through curb for drainage ( ) must be painted to match existing stucco or fascia trim. ( )Resubmit with more details(i.e.,dimensions,materials,color, location,etc.)for: COMMENTS/CONDITIONS: n C Ctwt ;tt r? .het CAM-130 DS COMMUNITY AS IATION ARCHITECTURAL � IEW COMMITTEE DATE: " Al SiGN>~D: DA'1'E: SIGNED: MR t i ; ; Cameo Wood Community Association , '�f rri Ac� c/o Keystone Pacific Property Management, Inc. FEB 0 m6 16845 Von Karman, Suite 200 Irvine, CA 92606 "`' `- January 31, 2016 Re: Proposed Modifications to 10905 Silverado Terrace (Stephens Residence) Dear HOA and Architectural Committee, The following letter shall serve as our request to make some additions and modifications to our residence at 10905 Silverado Terrace in the Cameo Woods community in Tustin, CA. We are original owners of the property and have been upstanding residents having lived in the community for over 12 years now. We would like permission from the HOA and the Architectural Committee to make two modifications/additions to our property as detailed below: 1. We would like to add a craft/mud room to the backside of our home behind the primary 2-car garage. 2. We would like to add a standalone garage on the side yard of our lot where our currently approved boat storage area resides. This proposed structure would reside at the furthest tip of the property next to the Bennett's standalone detached garage structure that they added post closing. 1 have discussed the proposed structure with the Bennett's and Mr. Tom Bennett indicated that he approves of the garage addition. I have attached preliminary conceptual working drawings for both proposed additions described above for your review. The drawings were prepared by Robert Hidey Architects, the original architects who designed the architectural plans for all house plans in the Cameo Woods Community. As you can see from the drawings,the architectural elevations of the proposed modification to the existing structure to add the craft/mud room and the standalone garage structure are consistent with the current/original architectural designs and materials of the existing structure. We would like to seek the HOA and the Architectural Committee's approval prior to submitting plans and detailed construction drawings to the City of Tustin for their approval. We believe that the proposed garage structure addition may require a variance due to current set-back requirements, however, we strongly believe that our property location,lot and its circumstances merit and can accommodate such structure and should prevail with the City as reviewed and discussed with outside consultants. Factors that we believe should be considered in the City's evaluation as well as the HOA and Architectural Committee's approval are the following: 1. The only neighhor who will be directly impacted by this proposed structure is the Bennett family, located at 10885 Silverado Terrace,as there are no other neighbors across the street as this section of the community is single-loaded streets. The next closest neighbor down the street from the tip of the proposed structure to their property is over 100 yards away, down the hill/street and Out of the line of sight. 2. This proposed structure will not directly impede the Bennett's livable views as it will be placed directly next to their standalone garage addition and no humans will be living in their standalone garage. In addition, the proposed structure and materials will be very similar to the Bennett's standalone garage. 3. Access to and from the proposed garage structure will have direct access to the street cul de sac area. 4. The primary purpose of the structure will be to store our ski boat, which is currently stored there and has been on and off for the last 12 years. 5. The proposed structure will be properly structurally engineered to take into consideration all rear slope considerations (e.g., super charged foundation and piers if necessary). We appreciate your consideration of these proposed improvements and look forward to hearing back from you soon. We have reviewed the proposed plans with multiple contractors and would like to get the process of obtaining City approvals as soon as possible. Please feel free to reach out directly to either myself at (714) 296-6714 or Joy Stephens at (714) 401-1695. Thank you, John Ste hens 2 I,Tom Sennett, owner of the property located at 10885 Silverado Terrace,Tustin, CA 92782,have discussed the proposed standalone garage structure with John Stephens and have reviewed the conceptual drawings and plans for such proposed structure. 1 am in agreement with such proposed plans and concept and hereby authorize the approval of the Stephens' moving forward with the construction of such standalone garage structure. ->0 -v Date: j- / i Tom Sennett Property Owner of: 10885 Silverado Terrace Tustin, CA 92782 3 LOT J TRACT NUMBER CAMEO WOODS COMMUNITY ASSOCIATION TRACT NAME L'Al CLOSE OF ESCROW .__iL112-" Keystone pacific Property Management 111c. (Landscape completion is 6 the from the ori closc of escrow date) 16845 Vor.Kan,Sditc 200 RESUBMMALt: Yes or circle oric) (C Irvine,CA 92606 949.833-2600 FEB PROPERTY I ROVEME FO (E hlbh A) 4 - `�1 h g� Tt Name o+nenwrrer'r Sigrrarr+we �/ , Illy y "d J'-eKJO Te"/�� Home Phonc -f-1 Workphone ,T� � — ! hlaihr,;Address d Pmperty Address 7 l D9OS S" �p '�"r✓i( Tustin Ranch,CA 92782 PLA UBM Ai,CHE L T propery improvement Form Completed Facing,Adjacent And impacted Neighbor Statement Completed Four(4)Copies of Proposed Plans('Must include details of size,design,volar and materials listed on each set of plans L,ocatior,orresidence on lot and dimensions from lot lint.Drawings must show affected elevations. l.ocanon of area drains must be included on pians. N::mes Of Plants(include the common name if Latin names are used) S1,Ut1o.00 Non-Refundable Review fee-payable to Cameo Woods Communiq Association(must he separate check from deposit)this fce includes mitis and 2 follow-up reviews by the Architect. ble to Cameo Woods Community Association(refundable after Notice of 55,000,00 CC&RlPlart compliance deposit(major construction only)-Paye the Compiotion has bcen filed and verification of installation per plan and in corn. o bpeita Cawrr iteo Woods C'gnununiy Association(refundable after Notice of $2,000.00 Cowman Area damage deposit(major construction only)-payable _ Completion has been filed and verification that damage has not been done�oatbhk ooCA n mco,Woods Community Association(refundable after Notice of 52,500.00 CC&R/Plan Compliance deposit(minor cortstruellon only)-Payable Completion has been filed and verificatlun of installation per plan and incompliance simeoh Woodd SContirnunity Association(refundable after Notice of 51,000.00 Common Area damage deposit(minor construction Doty)-p ya Ctruipletion has been filed and venfication that damage has not been done to the Common Area. - hlc for im rovemen!s[ullow�ng Request to Revise Reviews(Architectural Review Fees Only)Deposits Referenced Above Required-Only app•t u P complete installation of front and back yard $500.00 Nan-Refundable Review fee(major improvements)-paya�letko Cameo Wo ds Cununurtt y Aso chats n((must be separate epa ate the ktfr.nn dcpositt) $150.00 Non-Refundahle Review Fee.(minor improvements)-pays pRUJECTS BEING SUBMITTED:(please check appropriate items) M-1 AKCHITECTLfRAL 1 At+iDS APE l HAIS�D9L ,Air Conditioner Awnings �I�ndscape 1 Hardscape(circle one) ~Basketball Backstop Front Front peck I Balcony Rear —Built-In Barbecue �Itear `Lighting —Gazebo jr (Type,Size&Location) Patio Cover (Circle one) Pool I Spa&Equipment �Fence(S)I Wa1i(S):( f Solar Panels Painting Front Side Rain GuttersRear Retaining —Swingset/Playhouse Raoni Addition Waterfall I Fountain —Rear Drains Other, I Architectural appruval does not waive,any Federal,State,or local regulation. 2 Architectural Committee approval does not constitute acceptance s rrof any for chall technical alor enginend e»gineeTing ering peeiticaaions CameoThe Archie Community COmmttttt eare%"ewis for assumes no responsibility for such. The property p aesthetic purposes only. . Landscaping for any residential jut shall be in3talied in the frient,rear and side yard w�ithirx one hundred eighty(1 80)days fnllowina the 3conveyance of the lot to C,%JN1E0 WOODS COMMMUNZTY ASSOCIATION ti`EIGHSOR AWARENESS FORM (One copy to be submitted for each neighbor) / 1 Y)ZQb-G7i Homeowner Name: JJLt� Address: /ogOS Sr/vp-KAo Daytime Phone: Tract Number: Lot Number: / Date Submitted: The attached plans have been reviewed by me and 1 understand that the Owner/Applicant names above is/are submitting the plans for architectural approval. 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L ❑ If ,.y, �� . - ■■■■ �- _ m ■ m e m m ® ° ° ° ° .t Y m i e R u r t' w " i �F.n�y[yf P�„py p6rp �M exy y, .1 qF �nY: f ,[ G p� y i l 4 � P,a d f 1 a 77 - �,.W = Yt, S x... ..a �s ry S' tl r � f t t_.. w f. 1 V ' 9 r jo _r ism AN e `:--46 di fte- »° e y .. .. � �' �•d 'a, �� � +"kit`�YY F =�.� �%+r.. T .. _ _ w r A 40 r � - At R .- 04=11 L 4 a r y �•t .w4 ,q. , r ATTACHMENT D Resolution No. 4332 RESOLUTION NO. 4332 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING VARIANCE 2016-02 AND DESIGN REVIEW 2016-023 AUTHORIZING THE CONSTRUCTION OF A 609 SQUARE FOOT GARAGE WITHIN THE FRONT YARD SETBACK AND 220 SQUARE FOOT RESIDENTIAL ADDITION WITHIN THE REAR YARD SETBACK LOCATED AT 10905 SILVERADO TERRACE. The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application for Variance (VAR) 2016-02 and Design Review (DR) 2016-023 was filed by John Stephens, property owner, requesting authorization to construct a 609 square foot garage within the front yard setback and 220 square foot residential addition within the rear yard setback at an existing residential property. B. That the site is designated as Planned Community Residential by the City General Plan and is zoned as Planned Community Residential (PCR) within the East Tustin Specific Plan, and is more specifically designated Estate Density Residential, Single-Family Detached (E-SFD). The project is consistent with the Air Quality Sub-element of the City of Tustin General Plan. C. That a public hearing was duly called, noticed,,and held for Variance 2016- 02 and Design Review 2016-023 on December 13, 2016, by the Planning Commission. D. That Section 3.6.3.A of the East Tustin Specific Plan states that the front yard setback for properties designated as Estate Residential is twenty (20) feet. E. That Section 3.6.3.A of the East Tustin Specific Pian states that the rear yard setback for the main structure for properties designated as Estate Residential is twenty-five (25) feet. F. That in accordance with Califomia Government Code Section 65906 and pursuant to Tustin City Code Section 9292, the granting of Variance 2016- 02 would not constitute the granting of a special privilege not afforded to other properties in the vicinity and identical zoning district of the subject property and that there are special circumstances existing on the subject property in that: Exhibit A Resolution No. 4332 Page 2 1) The subject property is an irregularly shaped lot, located on a cul- de-sac, with a significant amount of street frontage creating a lot width that is greater than the lot depth; 2) The lot has a shallow depth on the west side due to the configuration of the cul-de-sac road and the house is located on the east side; the lot does not have a typical front and rear yard area; 3) That the property is located on a cul-de-sac and due to the need to provide a turnaround at the end of the street and the bulb shape of the cul-de-sac. This makes it difficult to comply with setback requirements; 4) That strict application of the applicable development standards, particularly the front and rear setback requirements, would deprive the property of the ability to maximize development potential, which is a privilege enjoyed by other properties within the same zoning district; 5) That granting of this variance would not constitute a special privilege that is inconsistent with the limitations on other properties in the East Tustin Specific Plan area in that the shape of the lot creates a hardship that is not present on the majority of other properties within the same zoning district. That granting of this variance would not constitute a special privilege that is inconsistent with the limitations on other properties in the East Tustin Specific Plan area in that the shape of the lot creates a hardship that is not present on the majority of other properties within the same zoning district. G. That for Design Review 2016-023, pursuant to Section 9272 of the Tustin Municipal Code, the Planning Commission finds 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 Commission has considered at least the following items: 1) Height, bulk, and area of buildings. Project proposal meets all applicable development standards that pertain to the height, bulk, and area. 2) Setbacks and site planning. As proposed, the garage meets minimum side and rear setback requirements applicable to an accessory structure but encroaches fifteen (15) feet into the twenty (20) foot front yard setback. The proposed location of the garage is appropriate and allows safe ingress and egress. As proposed, the residential addition meets minimum side yard setbacks applicable to the main residential structure but encroaches seven feet eight inches (7'-8") into the twenty five (25) foot rear yard setback applicable to the primary residential structure. The single-story Exhibit A Resolution No.4332 Page 3 addition is in keeping with the existing home site layout and is screened by the existing two-story home. 3) Exterior materials and colors. The proposed garage structure and residential addition are consistent in architecture and design with that of the existing residence and the colors and materials utilized for the structure shall match those utilized in the construction of the existing residence. 4) Type and pitch of roofs. The type and pitch of the roof will match that of the existing residence. 5) Size and spacing of windows, doors, and other openings. The size and spacing of openings, such as windows and doors, will be similar to those utilized within the existing residence. The proposed garage structure will include a garage door opening with standard dimensions and the proposed residential addition will be screened from view by the existing residence. 6) Chimneys and roof structures. No chimney or similar roof structure is proposed in conjunction with this project. 7) Physical relationship of proposed structures to existing structures in the neighborhood. The locations of the proposed detached two-car garage along Silverado Terrace and residential addition (craft/mud room) to the rear of the property are consistent with the neighboring residential uses and is compatible with the surrounding community. 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 of the proposed two-car garage is consistent with that of the existing attached garages and existing residence. The design of the residential addition (craft/mud room) is consistent with the adjacent features on the existing residence. The residential addition is located to the rear of the existing attached garage and will be screened from view by existing structures. 9) Development Guidelines and criteria as adopted by the City Council. Aside from the aforementioned encroachments into the front yard and rear yard setbacks, the project complies with all other development guidelines applicable to the project. H. That the project is Categorically Exempt pursuant to Section 15303, Class 3 and Section 15305, Class 5 of Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). 11. The Planning Commission hereby approves Variance (VAR) 2016-02 and Design Review (DR) 2016-023 requesting authorization to construct a 609 square foot garage within the front yard setback and 220 square foot residential addition within the rear yard setback at an existing residential property located at 10905 Silverado Terrace, subject to the conditions contained within Exhibit A, attached hereto. Exhibit A Resolution No. 4332 Page 4 PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 13th day of December, 2016. AUSTIN LUMBARD Chairperson ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4331 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 13th day of December, 2016. PLANNING COMMISSIONER AYES: PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: ELIZABETH A. BINSACK Planning Commission Secretary Exhibit A Resolution No. 4332 Page 5 EXHIBIT A RESOLUTION NO. 4332 VARIANCE 2016-02 & DESIGN REVIEW 2016-023 CONDITIONS OF APPROVAL ' (1) 1.1 The proposed use shall substantially conform to the project description and submitted plans for the project date stamped December 13, 2016, on file with the Community Development Department, except as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. The Director of Community Development may also approve minor modifications during plan check if such modifications are to be consistent with the provisions of the Tustin City Code and other applicable codes. (1) 1.2 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 and associated fee are received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.3 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) 1.4 Approval of Design Review (DR) 2016-023 and Variance (VAR) 2016-02 is contingent upon the applicant and property owner signing and retuming 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 "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 DR 2016-023 and VAR 2016-02, the applicant and property owner 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, conceming this project. The City agrees to promptly notify the applicant and/or property owner of any such claim or action filed against the City and SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENTS (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODFIS (7) PC/CC POLICY (4) DESIGN REVIEW "`** EXCEPTIONS Exhibit A Resolution No. 4332 Page 6 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 Any violation of any of the conditions imposed is subject to issuance of an Administrative Citation pursuant to Tustin City Code Section 1162(a). (1) 1.7 The applicant and/or property owner shall be responsible for costs associated with any necessary code enforcement action, including attomey's fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. USE RESTRICTIONS (***} 2.1 Existing attached and proposed detached garages shalt be maintained for garage use. No part may be converted into separate living quarters. Only one (1) single family dwelling shall be maintained at the property. PLAN SUBMITTAL (1)(3) 3.1 At the time of building permit application, the plans shall comply with the latest edition of the codes, City Ordinances, State, Federal laws, and regulations as adopted by the City Council of the City of Tustin. (1) 3.2 Prior to issuance of building permit, Orange County Fire Authority approval may be required. PUBLIC WORKS DEPARTMENT (1) 4.1 Construction and Demolition Waste Recycling and Reduction Plan (WRRP). a) The applicant/contractor is required to submit a WRRP to the 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 or the amount required by the California Green Building Standards Code. 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 in the amount of five (5) percent of the project's valuation as determined by the Building Official, rounded to the nearest thousand, or $2,500, whichever is greater. In no event shall a deposit exceed $25,000. c) Prior to issuance of a 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". Exhibit A Resolution No. 4332 Page 7 FEES (1)(5) 5.1 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 Califomia Environmental Quality Act could be significantly lengthened.