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Home My WebLink AboutPACIFIC ST 535 11/04/2014Q Community Development Department CERTIFICATE OF APPROPRIATENESS NOVEMBER 4, 2014 535 PACIFIC STREET TUSTIN BUILDING OUR FUTURE HONORING OUR PAST The project is for the construction of a new two -car garage at 535 Pacific Street. The project site is located within the Cultural Resources Overlay District (CR) and the main house is listed on the City's 1990 and 2003 Historic Resources Survey. The National Register of Historic Places (NRHP) status code (5D1) indicates that the structure, constructed in 1925, is ineligible for the National Register but is still of local interest. The City of Tustin Historical Resources Survey (1990) described the site as follows: This building (main house) is significant as an example of the California Bungalow Style in Tustin. It is also important for its association with early Tustin residents. The proposed new two -car garage is located at the rear of the property and will be served by the existing northern drive approach and a driveway extension to the rear of the property. The southern drive apron will be removed by the City at a later date. The single story garage structure will provide two (2) 10'x 20' parking spaces with an 18' raised panel sectional garage door facing south and one (1) raised panel exterior man door facing east. The exterior garage will be plastered and painted to match the existing main house (dark eucalyptus leaf and pomegranate). In accordance with TCC 9252h2, the following required findings for construction or alteration may be made: 1:' Construction of improvements in the CR District. (a) The proposed work conforms to the Municipal Code and design standards which may be established from time to time by the Historic Resources Committee. The proposed improvements conform applicable design standards in that the and Building Code requirements. The requirements to abate the ongoing code 8/25/2008) wherein the original garage living quarters without benefit of permits. to the Tustin City Code and any proposed project meets Zoning Code two -car garage meets the minimum enforcement case (V08-0564 initiated had been modified and converted to (b) The proposed work does not adversely affect the character of the district or Designated Cultural Resources within the district. 300 Centennial Way, Tustin, CA 92780 9 P: (714) 573-3100 • F: (714) 573-3113 • WWW.tustinca.org a • Certificate of Appropriateness 535 Pacific Street November 4, 2014 The proposed two -car garage will provide covered parking for two vehicles as required by Tustin City Code 9263. The single story garage structure will be constructed at the rear of the property in a mass and scale proportionate to the site. (c) The proposed work is harmonious with existing surroundings. The extent of harmony shall be evaluated in terms of appropriateness of materials, scale, size, height, placement and use of a new building or structure in relationship to existing buildings and structures and the surrounding setting. The proposed work is sufficiently separated so as not to detract from the original 1925 residential structure. The garage exterior will be finished in a plaster finish painted to match the colors of the existing main residence. The proposed work is hereby approved, subject to the following conditions: 1. Prior to the start of any work, the applicant shall obtain a building permit and pay all applicable plan check and permit fees. 2. All conditions set forth in the Declaration of Covenants, Conditions and Restrictions as recorded by the County Clerk on October 28, 2014. 3. Prior to project final, field inspection shall be conducted to verify consistency with the approved set of plans. Elizabeth A. Binsack Community Development Director • RECORDING REQUESTED BY AND WHEN RECORDED, MAIL TO: Community Development Dept. City of Tustin 300 Centennial Way Tustin, CA 92780 G Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder 111111111111111111111111111111111111111111111111111II11111111111111111111118,00 *$ R 0 0 0 7 0 5 7 9 4 2$* 201400043648810:44 am 10/28/14 63 413 D02 F13 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: Miuling Maureen Li, as Trustees of the Miuling M. Li Trust SUBJECT PROPERTY: 535 S. Pacific Street, "Tustin, California (the "Subject Property") Legal Description: The Subject Property is described as that portion of Lot "V" of the Stafford and Tustin Tract, as shown on a map recorded in Book 2; page 618 of Miscellaneous Maps, in the Officer of the County Recorder for Los Angeles County, and is more particularly described in Exhibit "A" attached hereto. RECITALS: A. The Subject Property is within the RI zoning district, where single family uses with some second residential units are allowed. B. Miuling Maureen Li, as Trustees of the Miuling M. Li Trust ("Covenantor") has applied to the City of Tustin, a municipal corporation (the "City"), for a permit for the construction of a garage on the Property to serve the needs of the existing single family residential unit and a proposed additional second residential unit. C. As a condition of approval of the required building permit for the garage, the City has required that the Covenantor execute and record this Statement of Covenants, Conditions and Restrictions. Such deed restriction has been required by the City to put future owners of any legal or equitable interest in the Subject Property on notice that no portion of the garage may be used or modified for use for human occupation without written approval of the City. 1026932.1 011 a `0 DECLARATION Covenantor hereby covenants that the approved garage may not be used for, or modified for use for, human occupation, but shall be maintained as a garage and related storage only. The garage shall not be modified or expanded beyond the dimensions depicted on the approved Building Permit without the approval of the City of Tustin. The covenants, conditions and restrictions contained in this Declaration shall run with the subject Property and shall be binding on each successive owner of any legal or equitable interest in the subject Property and his/her/its heirs, administrators, trustees, beneficiaries, successors and/or assigns during their respective ownership thereof. 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. The Covenantor is responsible for compliance with the requirements of the Tustin City Code (TCC) and/or other applicable codes, laws, and conditions. Failure to comply with these requirements may result in the issuance of an administrative citation pursuant to TCC 1 i 62(a) or the issuance ofa criminal citation and/or forwarding the matter to the City Attorney for further legal action. Covenantor shall pay for all recording costs required by the office of the Orange County Recorder, and cause the recordation of this Statement. 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 41 day of September, 2014 at Tustin, California. ACCEPTED BY: CITY OF TUSTIN _ By: Elizabeth A. Binsack Community Development Director COV ENANTOi. By: ,-- J y — Miuling Maureen. Li, as Trustees of the Miuling M. Li Trust (Signature of Owners must be properly acknowledged and notarized. PLEASE ATTACH THE APPROPRIATE ACKNOWLEDGMENT.) l026982,l n U LJ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT c.C,F- Y��o�aSi�.y4;`e��5a`�L.-''��•�Gf"-GS"��'"�%'Sires'.�>�fic.C`��`.,t�`-cxfY',`fi:� "`.c�;�Ez� £�a:.c�e:�� .t`Ca^_�- c State of California County of r SCJ f r r On a gwkw �19 before me,&PVXi, j Date ` Here Insert Name and i lila of th Offi er M personally appeared I ' � iu.l i ria Ll who proved to me on the basis of satisfactory evidence to be the person) whose name() is/Np subscribed to the within instrument and acknowledged to me that *hp/she/t\ey executed the same in hi6/her/tNir authorized capacity(is), and that by \s/her/ttVir signature) on the instrument the person(, or the entity upon behalf of which the person(\) acted, executed the instrument. Cwmftdm Ir isum ftftry I certify under PENALTY OF PERJURY under the laws ortw car of the State of California that the foregoing paragraph is Comrnli ft t9, 24i5 true and correct. WITNESS m hand and official seal. Signature % • -," Place Notary Seal Above .Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Descft,tion of Attached Document Title or Type Document Date: Signer(s) Other Than Capacity(ies) Claimed by Sig Signer's Name: 'D Individual Corporate Officer — Title(s): Partner Limited C General _ C._1 Attorney in Fact • Top of thumb hers Li Trustee Ci Guardian or Conservator Other: Signer Is Representing: 9— I �I Number of Pages: Signer's Name: Individual Corporate Officer —Title(s):._— rtner — __ Limited __ General C..i Attar n Fact _._ Trustee Guardian or Col E Other: Signer Is Representing: 122007 National Notary Asscriation • 9350 DeSoto Ave_ PO Rex 2402 •Chatsworth, CA. 91 31i 2102 • www.NatlonalNotaryorg Item #5907 Reorder Cal Toll -Free 1 0 0 EXHIBIT A PARCEL l: THE SOUTH HALF OF THE FOLLOWING DESCRIBED PROPERTY: THAT PORTION OF LOT "V" OF THE STAFFORD AND TUSTIN TRACT, IN THE CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 2, PAGE 618 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE EAST LINE OF SAID LOT '`V" 410 FEET SOUTH OF THE NORTHEAST CORNER OF SAID LOT; RUNNING THENCE WEST PARALLEL TO THE NORTH LINE OF SAID LOT 199.04 FEET; THENCE SOUTHERLY 50 FEET TO A POINT 199.34 FEET FROM THE EAST LINE OF SAID LOT; THENCE EAST PARALLEL TO THE NORTH LINE OF SAID LOT 199.34 FEET TO THE EAST LINE OF SAID LOT; THENCE NORTH' 50 FEET TO THE POINT OF BEGINNING. PARCEL 2: THAT PORTION OF LOT "V'' OF THE STAFFORD AND TUSTIN TRACT.IN THE CITY OF TUSTIN, COUNTY OR ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 2, PAGE 618 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS BEGINNING AT A POINT IN THE EAST LINE 01 SAID LOT "V" 460 FEET SOUTH OF THE NORTHEAST CORNER OF SAID LOT; RUNNING THENCE WEST PARALLEL TO TIIE NORTH LINE OF SAID LOT 199.04 FEET; THENCE SOUTHERLY 50 FEET TO A POINT 199.65 FEET FROM THE EAST LINE OF SAID LOT; THENCE EAST PARALLEL TO THE NORTH LINE OF SAID LOT 199.65 FEET TO THE EAST LINE OF SAID LOT; THENCE NORTH 50 FEET TO TIIE POINT OF BEGINNING. EXCEPT THEREFROM ALL OIL, GAS, MINERALS AND OTHER HYDROCARBON SUBSTANCES LYING BELOW A DEPTH OF 500 FEET FROM THE SURFACE OF SAID PROPERTY, BUT WITH NO RIGHT OF SURFACE ENTRY, AS PROVIDED IN DEEDS OF RECORD. 1018403.1 EXHIBIT A