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HomeMy WebLinkAbout6TH ST W 305 03/14/2011* �Communit Development Department 0TUSTIN CERTIFICATE OF APPROPRIATENESS MARCH 14, 2011 305 WEST SIXTH STREET BUILDING OUR FUTURE HONORING OUR PAST PROPOSAL: The property is developed with an existing, "Non -rated," single- family detached dwelling and detached two -car garage located in the Cultural Resources Overlay District and built in 2000 and 1997, respectively. The proposed project is a 600 square -feet bonus room addition above the garage. The proposed addition will be constructed to be compatible with the existing garage in terms of exterior wall material, windows, exterior color, and roof materials. In accordance with Ordinance No. 1001 which was adopted June 20, 1988, by the Tustin City Council, the Community Development Director has the authority to approve, approve with conditions, or deny Certificates of Appropriateness for improvements requiring a City building permit for property located within a Cultural Resource District. The structure is "Non -rated" per the Tustin Historical Resources Survey. The Community Development Department finds and determines as follows: A. The proposed work conforms to the Municipal Code and any applicable design standards in that the proposed project meets zoning code requirements and would match the exterior colors and materials of the existing garage. B. The proposed work does not adversely affect the character of the District or Designated Cultural Resources within the District in that: the proposed project is an addition to an existing garage with all of the work at the rear of the property, thereby maintaining the character of the District. C. The proposed work is harmonious with existing surroundings in that the proposed project is a new addition that is proposed to match the existing garage in terms of exterior materials and colors, and will not conflict with the architectural style of other surrounding structures. 300 Centennial Way, Tustin, CA 92780 0 P: (714) 573-3100 • F: (714) 573-3113 • www.tustinca.org Certificate of Appropriateness 305 W. Sixth Street March 14, 2011 The proposed work is hereby approved, subject to the following conditions: Prior to the start of any work, the applicant shall obtain a building permit and pay all applicable plan check and permit fees. 2. Any replacement or repair of any part of existing structure shall match the existing exterior materials, finish, and colors of the existing structure. 3. Prior to project final and occupancy, field inspection shall be conducted to verify consistency with the approved set of plans. 4. Use of any portions of the proposed bonus room as a separate dwelling unit, boarding house, or guestroom is not permitted without prior approval of the City. 5. Prior to building permit issuance, the applicant shall record a Declaration of Covenants, Conditions, and Restrictions approved by the City which shall ensure that no part of the bonus room or garage shall be used as a bedroom or guestroom or for leasing as a separate dwelling unit or boarding house. I Z-/- �Ic Elizabeth A. insack Community Development Director SACdd\Scott\Certificate of Appropriateness\CoA 305 W 6th St.doc RECORDING REQUESTED BY AND WHEN RECORDED, MAIL TO: Community Development Dept City of Tustin 300 Centennial Way Tustin, CA 92780 0 96 Recorded in Official Records, Orange County Tom Daly, Clerk -Recorder IIIIIilllllllllllllllllllllllllllllllllllllllllllllllllllllllllll 15.00 2011000136133 9:12 am 03/15/11 90 414 D02 4 0.00 0.00 0.00 0.00 9.00 0.00 0.00 0.00 Space Above This Line for Recorder's Use DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS COVENANTOR: Heidi Pierce, Property Owner SUBJECT PROPERTY: Commonly known as 305 West Sixth Street and Assessor's Parcel Number (APN) 401-372-18 in the City of Tustin, County of Orange, State of California, (hereinafter referred to as the "Subject Property") and more particularly described as: LOT(S) 10 AND 11 OF TRACT NO. 176, IN THE CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 13, PAGE(S) 7 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM THE EAST 65 FEET THEREOF. ALSO EXCEPTING THEREFROM THE WEST 2 FEET THEREOF. RECITALS: A. Heidi Pierce, property owner ("Covenantor") has applied to the City of Tustin, a municipal corporation (the "City") for approval of permit C10-0281 to construct a 600 square foot bonus room above an existing detached two -car garage at the Subject Property. B. Existing at the Subject Property is a 1,476 square foot main residence and 600 square foot detached garage. The subject property is located within the Single Family Residential (R-1) zoning district where single-family residences and accessory uses and structures are permitted. Use of any portions of the proposed bonus room as a separate dwelling unit, boarding house, or guestroom is not permitted without prior approval of the City. 1 IT tie. I • 0 F. In conjunction with the issuance of building permit C 10-0281 for the construction of a new 600 square foot bonus room, the City is requesting that the Covenantor execute and record this Declaration of Covenants, Conditions and Restrictions. Such deed restriction is necessary to ensure that no part of the bonus room or garage shall be used as a bedroom or guestroom or for leasing as a separate dwelling unit or boarding house. E. Covenantor desires to enter into this Statement of Covenants, Conditions and Restrictions. DECLARATION For favorable action on, and issuance of a permit for the construction of improvements, the Covenantor hereby Covenants that the Subject Property shall be held, conveyed, encumbered, used, occupied, developed, maintained, and improved subject to the following covenants, conditions and restrictions, all of which are for the purpose of enhancing the attractiveness, usefulness, value and desirability of the Subject Property, the surrounding property, and the public at large, and to minimize possible adverse effects on the public health, safety, peace and general welfare. Each of the covenants, conditions and restrictions contained in this Declaration of Covenants, Conditions and Restrictions (the "Declaration") shall run with the Subject Property and shall be binding on each successive owner of the Subject Property and his heirs, administrators, successors and assigns during their respective ownership thereof. 1. Use of any portion of the bonus room as a bedroom, guestroom, separate dwelling or boarding house is not permitted. No kitchen or cooking facilities shall be installed or maintained and no compensation in any form shall be received or paid for the use of the bonus room. 3. The provisions of this Declaration are intended to benefit the public and public properties. Accordingly, it is agreed that the City shall have the right to enforce this Declaration by any legal or equitable means against such person or persons in actual possession of the Subject Property who directly or through any agent violate the terms hereof. All obligations of the Covenantor under this Declaration shall inure solely to the benefit of the City. There are no third party beneficiaries of said obligations nor shall the right of the City be transferable in any manner to any person other than a successor municipal corporation whose geographic boundaries include the Subject Property. 3. Covenantor agrees that in the event of failure to comply with the conditions set forth in this Declaration, Covenantor will not object to the revocation of the above - referenced building permit. In such event, Covenantor waives any right to have any uses or improvements installed subsequent to the approval of the building permit herein requested, considered or treated as non -conforming uses or improvements after such approval. 2 0 4. The foregoing conditions shall remain in full force and effect until such time as the Council of the City of Tustin finds the enforcement of such conditions are no longer equitable. 5. Covenantor shall pay for all recording costs required by the office of the Orange County Recorder, and cause the recordation of this Statement. The original recorded copy of this document shall be returned to the City. 6. The provisions of this Declaration shall be deemed independent and severable and the invalidity or partial invalidity or unenforceability of any one provision or portion thereof shall not affect the validity or enforceability of any other provision hereof. Any titles of sections or paragraphs of this Declaration are for the convenience of the reader only and no presumption or implication of the intent of the parties hereto as to the construction of the Declaration shall be drawn therefrom. EXECUTED THIS 21 ~day of -e ��a 2011 at Tustin, California. ACCEPTED BY: "CITY" "COVENANTOR" CITY OF TUSTIN, a municipal corporation By:/G<�, 1 r By: Elizabeth A. Binsack Heidi Pierce Community Development Director Property Owner (Signature of Owner must be properly acknowledged and notarized. PLEASE ATTACH THE APPROPRIATE ACKNOWLEDGMENT.) 3 I r • 0 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of a� On % 2 before me, _ personally appeared (Here insert name and title of the officer) who proved to me on the basis of satisfactory evidence to be the person(/whose name) is/,ate subscribed to the within instrument and acknowledged to me that he/she/they executed the same in Eris/her/44rdir authorized capacity( ie , and that by-hif7herAt 6ir signatureceon the instrument the person(s-y, or the entity upon behalf of which the personW acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. S ature of Notary Public (Notary Seal) LAURIE ANN FRANKLIN Commission * 1845983 Notary Public - California ,§*— Orange County M Comm. Ex fres Ma 21, 2013 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attar ed document) (Title or description of attached document continued) Number of Pages (/y.�x1 Document Date (Additional information) INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in k orm. (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. o/ CAPACITY CLAIMED BY THE SIGNER 0 Individual (s) 0 Corporate Officer ("title) 0 Partner(s) 0 Attorney -in -Fact 0 Trustee(s) 0 Other • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/&y7 is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). Securely attach this document to the signed dOCUMV11