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HomeMy WebLinkAbout07 CUP 2017-10_DR 2017-011_LLA 2016-03 125 NORTH A STREET i -_ AGENDA REPORT ITEM #7 MEETING DATE: NOVEMBER 14, 2017 TO: PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CONDITIONAL USE PERMIT 2017-10, DESIGN REVIEW 2017-011 AND LOT LINE ADJUSTMENT 2016-03 APPLICANT: BERDJ KEUYLIAN BERHOUR HOLDINGS, LLC 11803 WINDHILL WAY SANTA ANA, CA 92705 PROPERTY OWNER: BERHOUR HOLDINGS, LLC. 11803 WINDHILL WAY SANTA ANA, CA 92705 LOCATION: 125 NORTH "A° STREET / 395 WEST FIRST STREET GENERAL PLAN: PLANNED COMMUNITY COMMERCIAL/BUSINESS ZONING: NEIGHBORHOOD COMMERCIAL FIRST STREET SPECIFIC PLAN (SP-10) ENVIRONMENTAL: THIS PROJECT IS CATEGORICALLY EXEMPT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) SECTIONS 15301, CLASS 1 (EXISTING FACILITIES), 15315, CLASS 15 (MINOR LAND DIVISIONS) AND 15331, CLASS 31 (HISTORIC RESOURCE RESTORATION/REHABILITATION) REQUEST: A REQUEST TO REMOVE PARTIAL CONDITION OF APPROVAL "2g" FROM PLANNING COMMISSION RESOLUTION NO. 1574 (UP 76-27) BY MAINTAINING THE USE OF THE RESIDENTIAL STRUCTURE AS A RESIDENCE, RESTORING THE EXISTING RESIDENTIAL STRUCTURE TO ITS HISTORIC APPEARANCE AND COMBINING TWO (2) PARCELS INTO ONE (1) PC Report November 14, 2017 CUP 2017-10, DR 2017-011, LLA 2016-03 Page 2 S((lIDTIM, m 1 v m�+i y l�� �Kl 1 M", Mr 1� aw,�l lir'kn� u�nv���,4 t a� ' ti t lm It �i s, �} r , �� 395 W. First St. � c, 125 N. A St. 7 i y a� Twp' 1\ �.a , 125 North "A" Street 13915 West First Street RECOMMENDATION: That the Planning Commission adopt Resolution No. 4351 , approving Conditional Use Permit (CUP) 2017-10 to modify UP 76-27 to remove partial condition of approval "2g" from Resolution No. 1574 to authorize the continued use of the residential structure on the subject property, Design Review (DR) 2017-11 to return the residential structure to its historic appearance, and Lot Line Adjustment (LLA) 2016-03 to combine two (2) lots into one (1) parcel. APPROVAL AUTHORITY: Pursuant to Tustin City Code (TGC) Section 9291 c, the Planning Commission has the authority to review and take action on CUPs. (TCC Sections 9272 and 9321 authorize the Community Development Director to consider DR and LLA applications, respectively; however, since the proposal includes another entitlement application (CUP 2017-10) requiring Planning Commission approval, DR 2017-011 and LLA 2016-03 are forwarded to the Planning Commission for concurrent consideration. BACKGROUND: Project Site and Surrounding Uses The project site includes two (2) parcels developed with a residential structure constructed in the 1920s and a gas station with a convenience store constructed in 1977. The existing single family dwelling is addressed 125 North "A" Street and the gas station is addressed 395 West First Street. Both are located within the First Street Specific Plan (SP-10), Subarea 1 - Neighborhood Commercial (Figure 1 - Site Pian). PC Report November 14, 2017 CUP 2017-10, DR 2017-011, LLA 2016-03 Page 3 125 t4.A St Ain aarResidential Use • 395 W.First 5t. _' +� ;i:•�:!"�� ,.:.;^.�: Com�taerciai Use ADS WI W. FIRST STREET Figure 1: Site Plan The Planning Commission granted approval of UP 76-27 on November 22, 1976, for a drive-through dairy retail store and self-service gasoline sales on the subject property (Resolution No. 1574, Attachment C). The approval authorized the existing single family dwelling to remain temporarily and the new structures to be constructed across the property line since both parcels were zoned Commercial General, Planned Unit Development. The properties, however, were required to be held as one (1) through a recorded covenant dated August 30, 1977 (Attachment C). As joint residential-commercial use was not allowed under the zoning regulations, the Planning Commission approved the project subject to a stipulation as to the length of time that the house was to remain and its subsequent incorporation into the lot. The residential structure is separated from the gas station by a block wall and currently functions as a separate residential property. Condition 2g of Resolution No. 1574 required the residence to be vacated at the expiration of the tenancy at that time and the residential portion of the property to be incorporated in the commercial development on the property. PC Report November 14, 2017 CUP 2017-10, DR 2017-011, LLA 2016-03 Page 4 The residence at 125 North "A" Street is of Spanish Colonial Revival architectural style most likely built between 1920 and 19301 (Figure 2). The residence is listed as a historic resource on the 2003 Tustin Historical Resources Survey Update with an NHRP status code 5D1. This status code indicates the residence is a contributor to a fully documented district that is designated or eligible for designation as a local historic district, overlay zone; or preservation area under an existing ordinance or procedure. Figure 2: Photograph from 2003 Historical Resources Survey Update The property was called to the attention of the Community Development- Department (CDD) on or about February 4, 2010, when proposed improvements to the gas station would have encroached onto the residential portion of the property. At that time, the residence had not been vacated nor had it been incorporated into the commercial development as required by Resolution No. 1574. The property owner's failure to respond to the CDD at the time resulted in the CDD, on February 24, 2010, issuing a Declaration and Certificate of Public Nuisance against the property because it was in violation of condition of approval "2g" of Resolution No. 1574 requiring "An agreement to the satisfaction of the City Attorney to the effect that the residence will be vacated and the property will be incorporated in the remainder of the commercial development property at the expiration of the existing tenancy". On June 25, 2010, the property was conveyed to the applicant, On January 28, 2011, at the applicant's request, due to economic issues associated with enhancing the property, and significant time and legal resources by the City, the CDD agreed to a five 2003 Historical Resource Survey Update(Attachment D) PC Report November 14, 2017 CUP 2017-10, DR 2017-011, LLA 2016-03 Page 5 (5) year extension to remove the residential use subject to submittal of an agreement documenting same. On March 11, 2011, the City and the applicant entered into a Covenant and Agreement to Hold Property as One Parcel (Covenant and Agreement - Attachment E). The Covenant and Agreement contained an acknowledgment of Resolution No. 1574 and its requirements and an agreement that the property owner would take all steps necessary, including obtaining permits and/or entitlements, to convert the entire property to commercial use consistent with the current zoning code and to cease all residential uses of the property on or before March 1, 2016. The covenant also provided a provision in which the UP would_be revoked if compliance with the five(5)-year extension and agreed upon conditions were not complied with. The City issued a permit (#S2011-0060) to make improvements to the service station's canopy, the convenience store facade and signage on the property. Improvements were completed and approved at final inspection on December 19, 2011. The. Community Development Department notified the property owner that it was in violation of the covenant agreement on March 3, 2016 and, on December 19, 2016, issued an administrative citation. On April 27, 2017, the applicant corresponded with the City and indicated a desire to maintain the residential structure at 125 N. "A" Street as a residential building since it is historic and was reserved at an affordable housing rate. With this new stipulation, staff offers the following terms: a. Return to the Planning Commission for an amendment to Condition 2g of Resolution No. 1574 (UP 76-27); b. Record a lot line adjustment to remove the lot line; c. Restore the residence to its original historic appearance; d. Occupation of the residence by low-moderate income family subject to a housing agreement; and, e. The residence would remain a legal nonconforming use until such time as it is converted to a commercial use, at which time it could not be converted back to a residence. f. Payment of,City costs associated with necessary code enforcement action, including attorney's fees.. PC Report November 14, 2017 CUP 2017-10, DR 2017-011, LLA 2016-03 Page 6 DISCUSSION AND ANALYSIS: Proposal The applicant is proposing to retain the residential use on the property, restore the residence to its historic condition, and combine the two (2) lots into one (1) parcel. The site plan below shows the current configuration of the parcels. The LLA would remove the center property line to form a single parcel. If .r � F'rollect Sive 4 • , �1 1 M Lot 2 Lot 1 '71. !'T ... IIS' _ Y d Existing Lot Configuration • Conditional Use Permit 2017-10 In support of their request to eliminate partial Condition of Approval 2g, the applicant indicates that they purchased the property as an investment and intended to refurbish the service station/convenience store and rent the residence. Applicant was surprised to later learn that UP 76-27 required the conversion of the residential use to commercial use. Applicant further stated that the preservation of a historic resource should take precedence over incorporating the residence into the commercial use and the cost to convert the residence is prohibitive. In addition, applicant states the residence provides an affordable home and would have little fiscal benefit to the City or the applicants if it were to be converted to a commercial use. PC Report November 14, 2017 CUP 2017-10, DR 2017-011, LLA 2016-03 Page 7 Although the site is zoned for commercial use, SP-10 Land Use Regulations state that an existing single family structure listed within the City's official historic survey is encouraged to be preserved and used as a residence or as a commercial use as authorized under SP-10. Once a residence has been converted to commercial use, it is considered more conforming and must be maintained as a commercial use. In that the residence is a listed structure in the 2003 Historical Resource Survey Update, staff supports the retention of the residence on the property, subject to restoration of the residence to its original condition and it remaining affordable housing to low-moderate income families as identified in proposed Condition of Approval 2.3. Design Review The residence at 125 North "A" Street has been modified over time and has lost some of its character defining features. As part of this application, proposed improvements to the residence were submitted by the applicant to bring it back to its historic appearance. Staff enlisted the assistance of Thirtieth Street Architects, specialists in historic preservation, to assist in determining the character defining features of the original structure and of Spanish Colonial Revival architecture in general and how best to return the residence to its original appearance. jr 1 la l� t 125 North "A" Street Current Condition PC Report November 14, 2017 CUP 2017-,10, DR 2017-011, LLA 2016-03 Page 8 According to this review, the following should occur to restore the character defining characteristics of the residence: a. Unpermitted vinyl .windows on the front facade should be removed and replaced with recessed double-hung, multi-paned wood windows. The multi pane-design should occur only on the top portion of the window as shown in the 2003Historical Resources Survey photograph. b. Exterior plaster walls should be repaired and painted to match the existing plaster texture, as needed, to bring the residence into good repair. c. Fascia and gutters on the west elevations should be removed and restored to original condition; fascia and gutters on the north and south elevations should be removed to restore and repair exposed rafter tails. d. A new front door consistent with the Spanish Colonial Revival style of the structure should be installed. e. The unpermitted handrails at the front porch should be removed and replaced"with a black iron handrail with vertical support posts in a design consistent with the Spanish Revival style of the structure. Attachment F contains revisions proposed by the applicant. Pursuant to Condition of Approval 2.2, the plans will be revised to comply with the above recommendations when submitted for issuance of building permits. Lot Line Adjustment TCC.Section 9321 b provides for the Director of Community Development to approve lot line adjustments where the land taken from one (1) parcel is added to an adjacent parcel and where no additional parcels are created. LLA 2016-03 is a proposal to combine the two (2) lots into a single parcel. No new physical development is proposed on the site as part of the LLA. The proposed project is supported by SP-10 policies, which encourages consolidation. of lots for integrated site planning and preservation of existing single family residential structures listed within the City's historic survey for either residential or commercial use. The proposed improvements to the residence will benefit the frontage along North "A" Street, restore its historic appearance and preserve it for continued residential use or for conversion to a commercial use in the future. PC Report November 14, 2017 CUP 2017-10, DR 2017-011, LLA 2016-03 Page 9 ENVIRONMENTAL: . This project is categorically exempt from further environmental review pursuant to the CEQA Sections 15301, Class 1 (Existing Facilities), 15315 Class 15 (Minor Land Divisions) and 15331, Class 31 (Historical Resource Restoration/Rehabilitation) in that the project site is an existing facility with a LLA to, combine two (2) lots into one (1) parcel, and includes historic preservation of a residence listed on the City of Tustin 2003 Historical Resources Survey Update. FINDINGS: In determining whether to approve the CUP for the project, the Planning Commission must determine that the continuation of the residential use and structure will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of the 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 in that. A decision to approve this request may be supported by the following findings: 1. The residential use and structure have been situated on the property since constructed between 1920 and 1930. 2. The residential structure is used for residential purposes and is situated such that it is functionally a part of a residential neighborhood and is separated from the gas station by a block wall. 3. Any existing historic single family residential structure used for such purposes is encouraged to remain under SP-10. 4. As conditioned, the existing residential ,use may remain residential until such time as it is converted to a commercial use. 5. The project, as conditioned, would provide housing affordable to low- moderate income families fora period of fifty-five (55) years guaranteed by a housing agreement. 6. As conditioned, the applicant will be required to reimburse the City for costs associated with code enforcement, including attorney's fees, to bring the property into conformance with Resolution 1574 (UP 76-27). 7. As conditioned, the City will be reimbursed by the applicant for costs associated with necessary code enforcement action, including aftomey's fees, subject to the applicable notice, hearing, and appeal process as ,established by the City Council by ordinance. PC Report November 14, 2017 CUP 2017-10, DR 2017-011, LLA 2016-03 Page 10 In determining whether to approve the DR for the project, the Planning Commission must determine that the location, size, and general appearance of the proposed project, as conditioned,, is compatible with 'the surrounding area and that the proposal will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole. A decision to approve this request maybe supported by the following.finding: 1. A residential property listed on the Tustin 2003 Historic Resources Survey Update that was previously modified would be returned to its historical appearance; 2. That the location, size, and general appearance of the proposed project, as conditioned, is compatible with the surrounding area in that the proposed residential structure is functionally a part of a residential neighborhood and is separated from the gas station by a block wall. In determining whether to approve the LLA, the Planning Commission decision must find that the LLA is in conformance with the State Subdivision Map Act and TCC Section 9321 (Subdivision Code). A decision to approve this request maybe supported by the following findings: 1. The proposal is eligible for processing as a lot line adjustment pursuant to Section 66412(d) of the California Subdivision Map Act and TCC 9321. 2. Only two (2) or fewer existing, adjoining parcels are involved and are therefore eligible for a LLA. 3. No greater number of parcels will result from LLA 2016-03. 4. The Public Works Engineering Division has reviewed LLA 2016-03 and found it to be technically correct. 5. That - the Public Works 'Engineering Division and Community Development Department of the City of Tustin has reviewed Lot Line Adjustment No. 2016-03 and has made findings that the real property, described in Exhibit "A" and shown on Exhibit "B", comply with the provisions of the California Subdivision Map Act and applicable City of Tustin Ordinances and Regulations including the requirements for building sites. 6. That the proposal is consistent with the City of Tustin General Plan. 7. That the resultant parcel will meet the requirements of the City of Tustin Zoning Code and First Street Specific Plan (SP-10). PC Report November 14, 2017 CUP 2017-10. DR 2017-011, LLA 2016-03 Page 11 8. The proposed use, as conditioned, would not be detrimental to surrounding properties in that no new development is proposed that would intensify the use of the property. 9. The proposed LLA complies with the State Subdivision Map Act and TCC Section 9322. Elaine Dove Elizabeth A. Binsack Senior Planner, AICP, RLA Director of Community Development r PC Report November 14, 2017 CUP 2017-10, DR 2017-011, LLA 2016-03 Page 12 Attachments: A. Location Map B. Land Use Fact Sheet C. Planning Commission Resolution No. 1574 and Covenant to Hold Property as One (1977) D. 2003 Historical Resource Survey Update E. Covenant and Agreement to Hold Property as One Parcel (2011) F. Submitted Plans and LLA G. Resolution No. 4351 ATTACHMENT A LOCATION MAP VZT lGs f7 f P� e2 -.QPt an im c ri a ¢a 9Eo { m * aG p7rz /9a T7 ap t y&y i iC, a`J 97 cs - as m a® 40 ma q� ar Vm — qmqP �D , ca @J 0 7, "' } r , m at ¢a 22 In In CD C3 EV CD -- ® QD ,o g _F g 6IF310 13 0 0 4 ® a 9 0 m t9Iai G ,Q u p a, 300-foot radius 500-foot radius (NTS) (NTSy E L.i ...Lr,:.,.. it,.u ✓ If LIJ ipAFYli4'lY� � °_ •� I eir Fs. � i' 41 Oq A =f Aa Location Map 395 W. First Street 1125 North A Street ATTACHMENT B LAND USE FACT SHEET LAND USE APPLICATION FACT SHEET 1. LAND USE APPLICATION NUMBER(S): LLA2016-13 2. LOCATION: NE CORNER FIRST ST. &"A"ST. 3. ADDRESS: 925 N.A STREET/396 W. FIRST STREET 4. APN(S):409-523-31 5. PREVIOUS APPLICATION RELATING TO THIS PROPERTY: • USE PERMIT 76-27 & RESO. 1574-AUTHORIZED CONSTRUCTION OF A DRIVE- THROUGH DAIRY RETAIL STORE WITH SELF SERVE GASOLINE STATION WHICH INCLUDED A CONDITION THAT THE RESIDENCE AT 125 N. A STREET BE VACATED AND THE PROPERTY INCORPORATED INTO.THE COMMERCIAL DEVELOPMENT AT THE EXPIRATION OF THE EXISTING TENANCY • COVENANT &AGREEMENT RECORDED 1N 2011 (#2011000132689)TO HOLD PROPERTY AS ONE PARCEL AND COMPLY WITH UP 76-27 6. SURROUNDING LAND USES: NORTH: RESIDENTIAL SOUTH: COMMERCIAL EAST: COMMERCIAL WEST: COMMERCIAL 7. SURROUNDING ZONING DESIGNATION: NORTH: R3-MULTIPLE FAMILY RESIDENTIAL SOUTH: NEIGHBORHOOD COMM ERC IAL/FI RST STREET SPECIFIC PLAN EAST: NEIGHBORHOOD COMMERCIALIF[RST STREET SPECIFIC PLAN WEST: NEIGHBORHOOD COMMERCIAL/FIRST STREET SPECIFIC PLAN 8. SURROUNDING GENERAL PLAN DESIGNATION: NORTH: HDR-HIGH DENSITY RESIDENTIALILDR SOUTH: PCCB-PLANNED COMMUNITY COMM ERCIALIBUSINESS EAST: PCCB-PLANNED COMMUNITY COMM ERCIALIBUSINESS WEST: PCCB-PLANNED COMMUNITY COMM ERCIALIBUSINESS 9. SITE LAND USE: A. EXISTING: SHELL SERVICE STATION AND ADJACENT SFD B. PROPOSED: SAME C. GENERAL PLAN: PCCB-PLANNED COMMUNITY COMMERCIALIBUSINESS PROPOSED GP: SAME D. ZONING: NEIGHBORHOOD COMMERCIAL/FIRST STREET SPECIFIC PLAN PROPOSED ZONING: SAME DEVELOPMENT FACTS: 10. LOT AREA: 15,697 SF APPROX. 395 W. FIRST STREET-EXISTING SHELL STATION (2,378 SF +2,376 SF CANOPY) 125 N. A STREET-EXISTING SFD (879 SF) 11. PARKING: 3 STALLS PROVIDED; NO CHANGES PROPOSED 12. TENANT IMPROVEMENTS: NIA ATTACHMENT C PLANNING COMMISSION RESOLUTION NO. 1574 AND COVENANT TO HOLD PROPERTY AS ONE (1977) 1 RESOLUTION NO. 1574 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN GRANTING USE PERMIT NO. 76-27 ON APPLICATION 3 OF SELF .ENTERPRISES, INC. FOR A DRIVE-THRU DAIRY RETAIL STORE WITH SELF SERVE GASOLINE SALES 4 The Planning Commission of the City of Tustin does hereby 5 resolve as follows: 6 1. The Planning Commission finds and determines as follows: 7 a. That a proper application No. Use Permit 76--28 was filed by Self Enterprises, Inc. to authorize the 8 construction of a drive-thru dairy retail store with a self serve gasoline station and attendant 9 operator including other property improvements located at 395 W. First Street. -10- b. That a public hearing was duly called, noticed and 11 held on said application. 12 c. That establishment, maintenance and operation of the use applied for will not, under the circum- 13 stances of this case, be detrimental to the health, safety, morals, comfort or general 14 welfare of the persons residing or working in the neighborhood of such proposed use, evidenced 15 by the following findings: 16 (1) That subject use is in conformance to the Tustin General Plan as adopted by the City 17 Council of Tustin; -and 18 (2) That the development will be constructed in accordance with an approved plan for the 19 building and site. 20 d. That the establishment, maintenance'and operation of the usLa applied for will not be injurious or 21 detrimental to the property and improvements in the neighborhood of the subject property, nor to 22 the general welfare of the City of Tustin, and should be granted. 23 e. Proposed development shall be in accordance with 24 the-Zoning Ordinance and the development policies adopted by the City Council, Uniform Building 25 Codes as administered by the Building Official, Fire Code as administered by the Fire Chief, and 26 street improvement requirements as administered by the City Engineer. 27 f. That a request for exemption from the Environmental 28 Impact Report procedures has been filed and approve 29 2. The Planning Commission hereby grants a Use Permit as applied for to authorize a drive-thru dairy retail 30 store with self serve gasoline sales subject to the following conditions; 31 + a. That necessary permits'be obtained -for, all * - 32 construction, and all work be-accomplished in I Resolution No. 1574 11-22-76, Page, 2 2 3 conformance with current codes. 4 b. That the development of the subject property shall be done in conformance with all applicable codes 5 and standards, to include the City of Tustin Development Standards (Resolution 76--23) , the 6 Zoning Ordinance (Ord: 157) , and the Sign -Ordinance , (Ord. 684) . c._ That final development plans to include plot, 8 elevations, materials, landscaping, irrigation, lighting, and signing„ be submitted for review 9 and approval by staff. IO d. Installation of all utilities underground with no additional overhead poles to be set within the 11 property or adjacent to street right of way. 12 e: Installation of street improvements to the approval .of the City Engineer. - 13 ' t. That said use shall be conducted so as. not to 14 present a nuisance to the public or adjoining property owners in regard to noise, litter, and 15 public health (odors, etc.) . 16 g. An agreement to the satisfaction of the City Attorney to the effect that the residence will be 17 vacated and the property will be incorporated in the remainder of the commercial development pro- 18 perty at the expiration of the existing tenancy. 19 PASSED AND ADOPTED at a regular meeting of the Planning Commission of the City of Tusti , California, held on the 22nd day 20 of November, 1976. 21 • 22 A M F THE PLANNINTTO-MISS ION 23 �/� /�.� �+-✓ _�r/y7"� • .car C, 24 PLAXNING yOMMISSION RECORDING SECRETARY 25 26 27 28 29 30 31 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) "-' I, MARY ANN CI BERLAIN, the undersigned, hereby certifies that she is the Recording Secretary of the Planning Commission of the -City of Tustin, California; that the foregoing Resolution was duly passed and adopted at a regular meeting of the Pla ing Commission, held on the day of , 19 7 L NING 'OMMISSION RECORDING SECRETARY I RECO^E;IhG REQUESTED BY ANO NAIL T0: 50083 U 12358m 959REW,?oea cN OFmcuL RECvaos CITY ENGINEER _EX_EM PT 4`OR'NGECOUNtv.CAUFORNM CITY HALL C 4 sus am. AUG 30 1977 CITY OF TUSTIN CENTENNIAL & MAIN STREETS J.WYLtECARLY1F,CM11gWdar TUSTIN, CA 92680 SPACE ABOVE THIS LINE FOR RECORDER'S USE COVENANT AND AGREEMENT TO HOLO PROPERTY AS ONE PARCEL The undersigned hereby certify that we are all of the owners of the hereinafter legally described real property located in the City of Tustin, County of Orange. State of California: Lot 1 of Tract No. 347 as shown on a ma recorded in Book 15, page 7 of Miscellaneous ega escr pt on Maps. Records of Orange County,_Celifornia, and, Lot 2, and the west feet of Lot_1 of Tract No. 347, as per map thereof recorded in Book 15, page 7 of Miscellaneous Haps, Records of Orange County, as per map recorded in Book 15 page 7 Records of Orange County. And, for the purpose of developing a drive-indear and asoline service station across the s ata purpose common lot line.of Lots_)_and 2 of Tract Ho. 347_ we do hereby covenant and agree with the City of Tustin, a municipal corporation, that the above described land shall be held as one parcel and no portion shall be sold separately. This covenant end agreement shall run with the land and shall be binding upon ourselves, and future owners. encumbrancers, their successors, heirs and assignees. f t DATED: This )<'�day of /4g��jc. (Sign) I € I STATE OF CALIFORN1As } } SS :COUNTY OF ON ,���, � l` -moi , 19 , before me, t Ul�e dersi'gne 6 Notary PubTic in� for said St te,,personally appeared known to me, to be the person —whose name el-f wn�oAFiCIALSPP 7.; subscribed to the within nstrument, and ac now edged • i �7�, NOlalr ARY R to me that he executed the same. PRANGE comr��m..a.6061Co. WITNESS.` hand and official seal. n.•••.. f! NOTARY PUBLIC 1 D FOOLR STAT ` l ATTACHMENT D 2003 HISTORICAL RESOURCE SURVEY UPDATE 125 A STREET (N) Its- 1 ; i 1 w y.1ll e1.' ♦i. See following pages for property information J � L � 1• a M r State of Caiifomia—The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRl# BUILDING, STRUCTURE, AND OBJECT RECORD Pagel of 1 *NRNP Statos Code:SDI *Resource Name or 0(219}:125 A Street(N) B1. Historic Name: B2. Commoa Name: E3. Original Use:Residual B4_ Present Use:Residential *B5. Architectural Style: Spmuh Colonial Rental. *Bd_ Construction History: (,'octsnuction date:alterations.and date of ailtmdons This building was mast likely built i.0 thie 1920-3as *B7_ Mored? X No E]Yes ❑i."nlmossn Date: mal Location: *B8_ Related Features: B9a Architect unknown b.Builder:unlnoivn =B10_ Significance: Theme:ResidennalArchctecture Area:Santa Ans-Tustin,CA Period of Significance: 1800-1945 Property Type:Residennal Applicable Criteria:C (Discuss itrrporrance m t&m of historical or aachnecnael€otueta as defined by theme peuod and eeogzapluc scope. ALo address integriif The single storied building 1.5 significant as part of the proliferation and t-anety of the Spanish Colonial Revival style in Tua-tm. The building's character defining features include.but are not lwuted to • two gabled front facing facades urith differing roof leti-els- • rafters exposed with little of erhang • entt ,perpendicular to the front facade and under the open corner of the front gable section • Double hung.multi-paced windows are recessed from the exterior wall BI1. Additional Resource Aftn1mtrs:(02�—Stttgte Famrly Property *B12_ References:City of Tustin Hisrorr"cal Srww,ay, thirtieth street arclutects. inc.,Juste. 1990;First American Title Company records;Directories_Tustin Area Historical Society. B13. Remarl„ The building requires additional information and research to assess fully,its significance (Sketch Map with north arrow required.) ! 1Plf 17S 113I4- Erainatar:TSA West.C.Jordan I 11~0 113 *Date of Evaluation-Oct 2002 ► Im 10 r94A�T JOi YII,A W.7ttt'U t tits ] tib APARIWWS 1 1'30 H 15,1 (This space reserved for official comments.) I tm tai 136 Ix I 130 131 ` 1 S 1'Q w „ r • ♦ i •7 n V1R1%T STREET' DPR 523E(1195) 'Required information ATTACHMENT E COVENANT AND AGREEMENT TO HOLD PROPERTY AS ONE PARCEL (2011) RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO Recorded in Official Records, Orange County Tom Daly, Clerk-Recorder City Clerk 1101111 E11111811111[ 11111li01f 111[NO FEE City of Tustin 2011000132689 2:55 pm 03/11/11 300 Centennial Way 143 413 C38 8 Tustin, California 92780 0.00 0.00 0.00 0.00 21.00 0.00 0.00 0.00 Exempt frorn recording fee per Government Code§§6103 and 27383 APNs: 401-523-11 and 401-523-12 (Space Above this Line for Recorder's Use) 9D COVENANT AND AGREEMENT TO HOLD PROPERTY AS ONE PARCEL j P- This COVENANT AND AGREEMENT TO HOLD PROPERTY AS ONE PARCEL ("COVENANT AND AGREEMENT") is made and entered into this 1st day of March,2011 by and between Berdj Keuylian and Houry KeuyIian("PROPERTY OWNERS") and the CITY OF TUSTIN (the"CITY'S with reference to the following facts: RECITALS A. PROPERTY OWNERS' are the owners of that certain real property consisting of two parcels located within the City of Tustin,County of Orange, State of California,more particularly described as Lot I and Lot 2 of Tract No. 347, as shown on a map recorded in Book 15, Page 7 of Miscellaneous maps,Records of Orange County, California, also sometimes commonly referred as 395 West First Street and 1l5 North A Street, Assessors Parcel Nos. 401-523-11 and 401-523-12 (the "PROPERTY"). B. The PROPERTY is currently located within the First Street Specific PIan zoning area of the City of Tustin and is designated for commercial use as a primary use and office use as a secondary use. C. The PROPERTY is subject to that certain'Use Permit No. 76-27 granted by the CITY on November 22, 1976 pursuant to Tustin PIanning Commission Resolution No. 1574, a true and correct copy of which is attached hereto as Exhibit "A" and incorporated herein by reference (the "USE PERMIT"), authorizing the use of the PROPERTY for a drive-thru dairy retail store and self serve gasoline sales, subject to certain conditions, including the requirement for an agreement to the effect that the residence located on the PROPERTY be vacated and the portion of the PROPERTY occupied by the residence be incorporated into the remainder of the commercial development at the expiration of the existing tenancy. D. PROPERTY OWNERS desire to make improvements to and operate a commercial use on the PROPERTY in accordance with the USE PERMIT. E. As a condition to the CITY processing such applications for permits or other approvals required for PROPERTY OWNERS to make improvements t¢ and operate a commercial use on the PROPERTY in accordance with the USE PERMIT, PROPERTY OWNERS have agreed and consented to hold the PROPERTY as a single parcel and to enter into this COVENANT AND AGREEMENT. 752009.1 COVENANT AND AGREEMENT NOW, TREREFOR: 1. PROPERTY OWNERS hereby covenant and agree that the PROPERTY shall be held as one parcel and no portion, parcel, or lot thereof shall be sold, conveyed, or transferred to any third party separate and apart from any other portion,parcel, or lot of the PROPERTY. 2. PROPERTY OWNERS hereby covenant and agree that on or before March i, 2016, all residential use of any portion of the PROPERTY shall cease and PROPERTY OWNERS, or their successors or assigns, -shall have taken all such steps and received approval for all permits and/or entitlements necessary to convert the entire PROPERTY to commercial uses consistent with the then current zoning regulations applicable to the PROPERTY. PROPERTY OWNERS hereby understand and agree that failure to comply with this Section 2 in its entirety shall constitute a violation of the USE PERMIT and the Tustin City Code and entitle CITY to revoke the USE PERMIT, obtain injunctive relief compelling such actions, and/or to take such other enforcement action against PROPERTY OWNERS or their successors and assigns as authorized by law. PROPERTY OWNERS, on behalf of themselves and their successors and assigns, hereby waive any and all rights to notice or hearing prior to CITY's revocation of the USE PERMIT for failure to comply with the terms and conditions set forth in this Section 2. 3. This COVENANT AND AGREEMENT is necessary to comply with the conditions of the USE PERMIT applicable to the PROPERTY. 4. The existence of this COVENANT AND AGREEMENT shall be recited in any Real Property Report required for the sale of the SUBJECT PROPERTY. S. This COVENANT AND AGREEMENT shall not be amended in any manner or terminated without the prior written approval of the CITY nor without the recordation of any such approval by the CITY. 6. The terms and conditions of this COVENANT AND AGREEMENT shall constitute a covenant running with and binding the land in accordance with the provisions of California Civil Code Section 1468. Accordingly, the PROPERTY shall hereafter be held, sold, conveyed, mortgaged, encumbered, leased, rented, used, occupied and improved subject to the aforementioned conditions, all of which shall run with the PROPERTY and shall be binding on all parties having any right, title or interest in the PROPERTY or any part thereof, their heirs, successors and assigns. This COVENANT AND AGREEMENT shall continue in effect until released by the authority of the City Manager of the CITY upon submittal of request, applicable fees, and evidence that this COVENANT AND AGREEMENT is no longer required by law. 7. The CITY shall have the right to enforce this COVENANT AND AGREEMENT. In the event of any SUCH action to enforce this COVENANT AND AGREEMENT, the prevailing party in such action shall be entitled to recover its reasonable costs and expenses, including without limitation taxable court costs and attorneys'fees, as awarded by a court of competent jurisdiction. [SIGNATURES ON FOLLOWING PAGE] 752M.1 1N WITNESS WHEREOF, this COVENANT AND AGREEMENT is executed by the parties hereto as of the day and year first above written. r PROP TY E rd" euyBan o6q Kebylim [Signature of Property Owners must be properly acknowledged and notarized] ACCEPTED BY: City of Tustin,a California municipal corporation /1-1 J66JJ6� 11 By:IjZ id Biggs C y City Manager APPRO ST FORM• B Y• Bougl9i C. Holland City Attorney 752009.1 State of Califomia ) ss. County of d� Riga,,) On I�Lvu Z Zo/ before me, W sTa r4S , a notary public,personally appeared who proved to me on the basis of satisfactory evidence to be tYie pers n(s) w ose e(s)i5 a subscribed to the within instrument and acknowledged to me that he/she/they executed the same in bkAer/their authorized capacity(ies), and that by-hMwr/their signature(s) on the instrument the person(s),or the entity upon behalf of which the person(s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the Iaws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) MAR,(ill. v'%s T LRS 3u, COMI. �-;732415 -� r '* NOTARY rUBLK.-CALIFOaNl4 State of California ) des ORANGE COUNTY r My Comrst.Fxcsres Apr. 11,2011 � ) ss. County of ) On before me, ,a notary public,personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislher/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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. Signature (Seal) MMOA EXRWI T"A" USE PERMIT 752MJ 39.3 ], RESOLUTION NO. 1574 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN GRANTING USE PERMIT NO. 76-27 ON APPLICATION 3 OF SELF.ENTERPRISES, INC. FOR A DRIVE-THRU DAIRY RETAIL STORE WITH SELF SERVE GASOLINE SALES i 4 The Planning Commission of the City of Tustin does hereby 5 resolive as follows- 6 ollows:6 1. The Planning Commission finds and determines as follows: 7 a. That a proper application No. Use Permit 76-28 was filed by Self Enterprises, Inc. to authorize the 8 construction of a drive-thru dairy retail store with a self serve gasoline station and attendant 9 operator including other property improvements located at 395 W. First Street. 10 b. That a public hearing was duly called, noticed and 11 held on said application. 12 c. That establishment, maintenance and operation of the use applied for will not, under the circum- 13 stances of this case, be detrimental to the health, safety, morals, comfort or general 14 welfare of the persons residing or working in the neighborhood of such proposed use, evidenced 15 by the following findings: 16 (1) That subject•use is in conformance to the Tustin General Plan as adopted by the City 17 Council of Tustin; -and 18 (2) That the development will be constructed i6 accordance with an approved plan for the 19 building and site. 20 d. That the establishment, maintenance and operation of the use applied for will not be injurious or 21 detrimental to the property and improvements in the neighborhood of the subject property, nor to 22 the general welfare of the City of Tustin, and should be granted. 23 e. Proposed development shall be in accordance with 24 the-Zoning Ordinance and the development policies adopted by the City Council, T3niform Building 25 Codes as administered by the Building Official, Fire Code as administered by the Fire Chief, and 26 street improvement requirements as administered by the City Engineer. 27 f. That a request for exemption from the Environmental 28 Impact Report procedures has been filed and approve 29 2. The Planning Commission hereby grants a Use Permit as applied for to authorize a drive-thru dairy retail 30 store with self serve gasoline sales subject to the following conditions: 31 � h_ That necessary permits'be obtained for, all 32 construction, and all work be-accomplished In � ! I 1 Resolution No. 1574 11-22-76, page• 2 2 ' 3 conformance with current codes. 4 b. That the development of the subject property shall be done in conformance with all applicable codes 5 and standards, to include the City of Tustin Development Standards (Resolution 76-23) , the 6 Zoning Ordinance (Ord: 157) , and the Sign Ordinance (Ord. 684). c. That final development plans to include plot, 8 elevations, materials, landscaping, irrigation, lighting, and signing, be submitted for review 9 and approval by staff. 14 d. Installation of all utilities underground with no additional overhead poles to be set within the it property or adjacent to street right 'of way. 12 e: Installation of street improvements to the approval'.of the City Engineer. <_ 13 . . f. That said use shall be conducted so as not to 14 present a nuisance to the public or adjoining property owners in regard to noise,, litter, and 15 public health (odors, etc.). 16 9. An agreement to the satisfaction of the City 17 Attorney to the effect that the residence will be vacated and the property will be incorporated in the remainder of the commercial development pro- 18 perty at the expiration of the existing tenancy. 19 PASSED AND ADOPTED at a regular meeting of the Planning Commission of the City of Tusti , California, held on the 22nd day 20 of November, 1976. U_4,�Iik 214 22 CMR14AN OF THE PLANNING--COKMISSION 23 24p2INGPOMMISSION RECORDING SECRETARY 25 26 27 28 29 30 31 32 ' s IL STATE OF CALIFORNIA ) COUNTY•OF ORANGE ) CITY OF TUSTIN ) I, MARY ANN C1LTa1BERLhIN, the undersigned, hereby certifies that she is the Recording secretary of the Manning Commission of the City of Tustin, California; that the foregoing Resolution was duly passed and adopted at a regular meeting o the Pla ing Commission, held on the day of s, , 19 7 . r KING 'ODING SECRETARY I ' I ATTACHMENT F SUBMITTED PLANS AND ,LLA Vicinity Map r� w _ & q .. m vss _ 4 Will Proecl Address: .Y i I' ".'- - 125 N.A Street - __..- - Tustin.GA 92780 - ref 1 P—lArldrinss. T f r' 395W First Sbeet +t wr= r Tustn CA 92780 Historic photo of onginat residence View from south side of property looking towards residence View from east side of property looking towards residence G P FffSt Si. - 7 - I II t —.� CYc s. r Ll. _ _7 N, Window Sill at 135 Yortra Street View from North A Street 9[aWards residence View from front of residence t-5 c Project Data, Site Plan - Historic Reference Photos '1`, Existing Photos f3aer�haueHcldmgs,LLC Patch and paint all plastered walls. - _ _— Patch and paint all trim- --Remove Fascia 4oard&gutter.Repair and paint exposed rafter tails. 1803 Windhlll Way Santa Ana,CA 92705 2 x 6 D.F.rating cap screw to .� r�+ I Architect: DSE Architecture Inc. mil belowwl countersunk ' 145 5,Olive St screws_Ratted top edges t'y Orange,C}A 92866 `� PH:(71 639-3§58 A. Dou4g Ely i I 2 x 4 D,F,screwed to top of post ~ � , I I wl(3)#10 x 3"wood screws f - O"'1 �, Project AddressMN A Street Tustin,CA 92780 ._ 4 x 4 D.F.post paint r ..,` t1' � � � APN#: 401-523-31 2x2@5"od.beyczrd ». =s 1 ZONE SP-10 2x4 Bottom rail peyond - ,, - EXISTING LOT AREA: 15,697 sci �G PROPOSED USE: No change to existing use n g _ Simpson ABW 44 at OCCUPANCYGROup- R-3 each post � - v lam CONSTRUCTION TYPE: V-6 v (E)Concrete pato r,� ,, , r PARKING: (2)On-Site parking spaces most - STORIES: (1)story Existing EXISTING AREA: E Residence 879 s 1.t' ((E))Tmsh Endosuee 128 sq-ft. 3 RailingPost at Patio Ede �, (L)Commercial Space 1,506 sqI R= SCALE 1 1 = III Na Change to Existing Area) { 1= � � EXISTING FAR.: 2,507 sq.ft.)15,697 sq,1116 PROJECT DESCRIPTION: P ye(ncludy a the I-- i t f f r� This e i features o"r the existing residence so at u 'd nd I property.II rs on the City of Tuall .r y'.`� Histnrieal Surva in the sl le df Sp. n;,r Colonial Radwd and was conslruded in Ifve - period between 1970 1930.All modii alors will be econplian with the Secretary ofthe Interiors Standards for Historic Preservatio - Tp-s project involves the rut ratio i the nrigina eavi,and raKGorstruction I at the a in roof a well as theen pl l f 12) do tin.1f an et f t of the res dente wr h toncally conn t cd doubt h tg w ndo Th or gii al sll design will also be restored The front porch will have 17,existing rani rq r_rnoved and haae a _ - i� ,z. - -- - '+'-+.•-�. new wood railing installed[hal is historically accurate for the pared and st}ld cf:his house whlRe also complying with cunent bii code requirements.T 1c resideece -'" %' �, - �`�•4ti_ - will also have lhs extencr repainted. lx Patio Replace railings with wood ratings per detail e - (E)Concrete p 1 �'�Patch(E)plaster 8 paint Replace JEJ vinyl windows with divided file woad double hung windows. - Compacted fill or concrete Recess windows in wall without trim to restore original detail (E)Concrete sidewalk 1.-0'_y Wood sill to match histone photo attached ' Typ. Porch Detail Renderings of Proposed Changes 4 ;---SCALE.113' = 1'-0' 2 Project Data, Vicinity Map, Site Plan ss145 S.Olive ft-1.Y North A Street Historic Residence GraMe,CAPI T:714.638.3959 Historic Restoration F:114.639.1744 defy'@daea-r6ertae-cern 125 N.A Streot Tustion CA 92780 4- ,-RECORDING REQUESTED BY&WHEN RECORDED MAIL TO: City of Tustin Community Development Department 300 Centennial Way Tustin,CA 92780 APPLICATION FOR , ' LOT LINE ADJUSTiMENT NO. 2016-03 RECORD OWNERS Parcel 1 Parcel 2 Name: Berhour Holdings, iM. Address: 11803 Windmill Way Santa Ana, CA GX705 Daytime Phone: Parcel 3 Parcel 4 Name: Address: Daytime Phone: (Ij We) hereby certify that 1. (1 am/ we are) the record owner(s) of all parcels proposed for adjustment by this application 2. ()j we) have knowledge of and consent to the filing of this application, 3. the Information submitte , can on with this application is true and correct. - - -//�� I� Notari ed Signature(s)of owner(s)of Parcel 1 ia tota-rized Fgnature(s)o wne ei �r=G� LIlo u ' Print Name: _ Print Name: �U 'e � + I � o�lr�- Notarized Signature(s)of oonner(s)of Parcel 3 Notarized Signature(s)of owner(s)of Parcel 4 Print Name: Print Flame: CONTACT PERSON- Bruce F. Hunsaker, PLS DAYTIMIEPHONE: 949-243-4645 ADDRESS: P.O. Sox 4359 Costa Mesa, CA 92625 tr_Ma,I1: Bruce@HunsakerLS.corn OFFICE USE ONLY DATE RECEIVED A.P.NUMBERS CEQ4 STATUS GENERAL PLAN DESIGNATION REVIEWED&APPROVED BY: ZONING DESIGNATION COMMUNITY DEVELOPMENT DIR. CITY ENGINEER DATE: DATE: . LOT LINE ADJUSTMENT NO: ilegai Descriptions) EXISITING PARCEL: 'PROPOSED PARCEL : . : � AP NUMBER:: REFERENCE NIIMSEFtS Berhour H61dings.; L:L 0. -: �1- .' :LEGAL:DES.CRIPtiON't• • .- •• : •'•'-:.:.-..":':'-:. . - : -:'..'.: ': -..:..•-.-•.' : ..,-':. .'.;,:'.•-:'...:::•:_.'.::._ •:.'•:-::_::'.�,•:•': : • '• -:... ' �.�_.'• . PARCEL T.: . .. THAT CERTAIN PARCEL'OF LAND IN THE QITY'OFTUSTIN,COUNTY OF ORANGE,STATE OF CALIFORNIA BI=INGALL. '. OF LOTS 7 AND 2 OF TRACT NO,347,AS PER MAP FILED IN BOOK 15, PAGE 7,OF MISCELLANEOUS MAPS IN THE­ OFFICE - OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,BEING MORE-PARTICULARLY DESCRIBED AS FOLLOWS_ . BEGINNINGAT THE SOUTHEAST CORNER'OF SAJD LOT THENCE,ALONG THE EASTERLY LINE OF SAID LOT NORTH 00°1030°WEST,150.00 FEET TO THE NORTHEAST T CORNER OF SAID LOT 1; , THENCE,ALONG THEVORTHI=RLY LINE OF SAID LOT 1 AND LOT 2,'80UTH 89'4630°WEST,119AC);TO NORTHWEST CORNER OF SAID LOT 2; . .. _ , • • .. THENCE,ALDNGTHE WESTERLY L4NE'Or SAID LOT 2,SOUTH OVI0'3O°EAST,•150.00'TOTHE'SDUTHWEST CORNER' OF SAl LOT2; . : THEfNCE,ALONG THE SOUTHECRLYLINE OF SAID L0T2 AND LOT 1•,NORTH 89'46'30"�EAST,115A0'�TO THE PO1NT OF- BEGINNING. :.. : ;:. . : : : . :.. .. . .. . . THE k{dR NABOVE btscRIBEO PARCEL OF LAND CONTAINING 17,910.06'66UME FEET,MORE OR LESS.' : : - AS SHOWN ON'EXHIBIT°B°ATTACHED HERETp AND BYTHIS'REFERENCEMADEA PART HEREOF. ; : (HEREBY GTATI=THAT TJjI$L`1wGAL DESdR PTION WAS PREPARED BY NiE OR UNDER i41Y DIRECT SUPERVISION THIS THIRD DAY OFFEBRUARY 201T :.':::: . . . . . .. . .. . I3RUCP' .:. U • 1UNSAKER' . 73 NO. 5021 . . � cRp C' BRUCE F.HUNSAKER,PLS 5929 MY LICENSE F-CPIRES:12131x2013 -". : . .': . . . . . T EXkJ131 6 :+ ; 'LOTi.1N5 AD.IUSTMENT NO: 2016--03 (MAP OWNERS'. : ; EXISITING PARCEL ;: , . •PROPOSED PARCEL--::. , :'. AP NUMBER ::: 'REFERENCE NUMBERS BE?.�LIin,Q��.HQEding.5`.i L.L-.V: S - INERT N1AP WAGE aF FRftcELs Nare " THERE i5 AN AGREEME1�T'OR COVENf1NT TE1 F{DLO"THE• :. 'LAND AS ONE: PARCEL-PER INSTRUMENT .RECORD AUGUST': : [.OT3 �IP1V�I49�23-Y0. 30,, 5977 .IN BOOK 12358,'PAGE 959.•,AND MARCH 11, '2011 AS. INSTRUMENT NO. 20if-132689, -ALL OF u°Ci :- " ' :: : S89'46'30"W 119.44' ': ' OFFICIAL.RECORDS OF ARANGE COUNTY,,CALIFORNIA; {64:9D'I THIS LLA 2015-03 SUPERCF.OES THIS COVENANT. . 59.40'. THERE ARE EASEMENTS-OF RECQ96 bE'Li EATER AND ; FIEFERENCEO ON THE UNDERLYING MAPS OR THERE.• : LOT LINE TO : : : MY BE OTHER RECORDED EASEMENTS WITHIN THE AREA'. BE REMOVED BEING AOJUSTEO THAT ARE NOT SHOWN'AN THIS ' -_ PARCEL 1 : - .DOCUMENT THAT COULD ENCUMBER SAID PARCELS.'.'- HEREIN.. :. : . - : •. . . . GROSS :.: : :d� o : :: "'� ".' : Q: SPANflRrL' 0E ICATIOR = :.TIiiE i� " p6pOF1T PARCEL. 2 PER BOOK - c:, •PAR== 'Q:.:..:P A:•:. 1a5�3, PAGE 63.4. . Q.A:: PARCEL.i. PER BaEkK •' a .TR NO LOT : �. a• LOT i ::�as33, PAGE 54, MM f5/7 " s ' Tf1. NO: 347MM 15n - 4 :.7'. DEBICATIOW. .' 'APiV . . : PER BOOK.689, .' BARGEE LINE Ta AGE 292,. G.A.-- . -P R=27.00' . -•• BE REMOVED La. .''L=42.44'. : ILA .z u :: s� '60 Ga' C .89.40` • . [. • :." .;: : ` (55,00') . (64..40') :: - Exp: 1231/18 N89'46`30`E 119.dD'. . . .; sTsrR�r:.' N01 5921 CENTERLINE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 r A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of Califo is ) County of`121K JT 7 e e ) On A&!'3. 0 2 Z O/( before me, 111�WX,14 Date Here Insert Name and Title of a Officer personally appeared Qu k P V t lIl A to 1 A A Nam (s) of Signeo) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that h A949/they executed the same in fuer/their authorized capacity(ies),and that by h4sAedtheir signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) 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. DARK W.MASTERS NOTARY PUSUC-CAUFOANIA ® COMMISSIONCEI^OUNTY$? r My Comm.Exp.April 11,2019 Signature Signatur of tary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document � �! L`n e- ��f U e'r! Title or Type of Document:, a cwt? )0�f°N Document Date: Number of Pages: igner(s) Other Than Named Above: Capac'rty(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑General -©Partner — ❑ Limited ❑General ❑ Individual ❑Attorney in Fact ❑ individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer is Representing: Signer Is Representing: '02014 National Notary Association •www.Nationa[Notary.org •1-800-US NOTARY(1-800-876-6827) Item#5907 F{ s 1 WHEN RECORDED MAILT0: Berhour Holdings, LLC 11803 Windmill Way Santa Ana, CA 92705 Attn. Benj Keuylian SPACE ABOVE THIS LINE FOR RECORDER'S USE MAL TAX STATEMENTS TO: SAME AS ABOVE DOCUMENTARY TRANSFER TAX$ No Consideration _Computed on the consideration of value of property conveyed;OR. _Computed on the consideration or value less liens or encumbrances This Is pursuant to Lot Line Adjustment 2016-03 Signature of Declarant or Agent determining tax--Firm Name APN: 401-523-31 QUITCLAIM DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, BERHOUR HOLDINGS, LLC, a California Limited Liability Company, does hereby REMISE, RELEASE AND FOREVER QUITCLAIM to BERHOUR HOLDINGS, LLC, a California Limited Liability Company, the real property in the City of Tustin, County of Orange, State of California, described as follows: FOR LEGAL DESCRIPTION SEE EXHIBIT"A"ATTACHED HERETO AND MADE A PART HEREOF FOR THE PLAT SEE EHIBIT"B"ATTACHED HERETO AND MADE A PART HEREOF "THE GRANTORS AND GRANTEES IN THIS CONVEYANCE ARE COMPRISED OF THE SAME PARTIES WHO CONTINUE TO HOLD THE SAME PROPORTIONATE INTEREST IN THE PROPERTY. R&T 11923 (d)" This deed is being recorded to impart constructive notice of the City of Tustin Lot Line Adjustment No. 046-03. By: By: ' er K uylian Houryxeu ,I' Dated:� RECEIVED MAR 0 8 2017 COMMUNITY DEVELOPMENT BY: - t � notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfiilness,accuracy,or validity of that document. STATE OF CALIFORNIA COUNTY OF ORANGE On/ZZAI.c _7 _Z21 7 efore me, li,9AA- Notary Public personally apreared BERDJ KEUYLIAN and HOURY KEUYLIAN,who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to,the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that their signatures on the instrument the persons,or the entity upon behalf of which the persons 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. Signature (Sea1) swti MARK W.MASTERS NOTARY PUBLIC-CALIFORNIA .a COMMISS]ON#2103867 L' �• ORANGE COUNTY My Comm.Exp.April 11,2o19 misox Lars APN 40110 SHEEP 1 OF 1 GFR �Tp PDU7N AHY PR�TP REMAIOU�nY 11000 ROLE 589'4a'30'X 1S9.A0' �� L55.d0'1 (&4 40'1 �'� - -- - - - 59 4P LOT LINE ADJUSTMENT LLA 2016-03 ATT CLOCK RI1£11 7-74' XA L MOTE: GOY AtYil7R WALL LOT LINE PEA THFAE IS AN AGREEMENT OA COVEHM7 TO HOLD THE LAND AS OtE PARCEL lel 1517 TO I PER INSfRIeIfNi RC0P0 AUGUST 30. R9T7 LNBaa(1255G. PAGE 954. AND eE REMOVED MARCH I1. 2011 AS INSTROMENT NO 20 11-1326OR. ALL OF OFFICIAL SINGLE FAMILY MO17SE RECORDS OF OPA1x,t COUNTY• CALITOMI/. eAa cp, ONE-STORY 7H-IF AM E�.EMENTS OF RECNO DEL IEAIE1 AM REHEIENfFO ON THE YAIILT 125 NORTH A GTREEI �a IINCERY[HG KARS OR THERE NY 0E OTHER RECORDED EASEMENTS MINIM THE AREA DEING AGA1f7ED THAT ARE NOT SHOMN aN MIS ODUFEHT 7HAT COAD ENCUM9FA SAID PARCELS HEREIN. Clmta - POMm POm]i &IILOBe POLE ,ems L y MALL f1111L11IN0 MALLI aLOCK LL WALL A L aX PLANTERA MA CnadETE �i, - PROPERTY BgAOAAY GRAPHIC SCALE 1"=f0' l MALL I 'STORAGE I]NB TO f4ENATN COIR Co. X eOiIJING ro iD zo as u� TAW LIC FLAMM BOILOLIRG LN LAW wuL TITLE REPORT ITEMS: nne YN $ I THE FOLLOWING ITEMS ARE BASED ON PRELIMINARY REPORT CRIER NUMBER NHSC-5179187 PREPARED BY FIRST AMERICAN TITLE CONPANM DATED 1/27/17 pExAlffmlANAARIf L� APN 4DI-VdqZSI I LOT CONCRETE C� At the date hereof exceptions is coverage in addition to the printed Exceptions and Exclusions in said 1d LLETIc 9.650.00 Luh policy form Mould be as folluws: Z ASPHALTIC LOT 2 TRLE I GROSS Q !. General and special taxes and assessments for the Fiscal year 2057-2418, a lien not yet due or CONCRETE B,250.00 I �( paYsh Se. a SO. FT, PARMUL! n Y 2. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with F L` GROSS I A I a 'I Section 75 of the California Revenue and Taxation Cade. 9 IdA LOU g LID P— � ❑ 3. An easement For highway purposes and Incidental purposes. recorded November 26, 1926 in 9 I Z Book 689 of Deeds. Page 292. OamllklE WALK In Favor of: County of or TITLE R _ TRLE EPORT SHOWN HEREON ed tnereln € S I RIIIniNG PARMA 8 � 4W 29 . An easement for street, highway end incidental purposes, recorded April OS, 1973 as Book OANPPY R I r... c1N0RY _ 10633, Page 634 of Official Records. In Favor of: The Lity of Tustin, a Municipal Corporation slm1IAIA[x (� i I g Affects: As described therein CttP19ASIN c a SHOWN HEREON 5. An agreement or coverent to hold land as one parcel recorded August 30, 1977 as Book 12358, Page 959 of official Records. PARCEL LSNE II PROPERTY eIAYnAPr LOT 2 o µf RO oym0 g 6. Intentionally Deleted To RElMIr1 TR. NO. 347 I d AM 15/7 L 7. Tntentiarally Deleted SIRE I e� B. The terms and provisions contained In the document entitled 'Agreement With Conditions of ums Approval Discretionary Permit Approval" recordetl June 15. 2004 as Instrument ND. 2004-539339 g RROREnn'aouoAAT of Official Records. CMYdIEfE I cBMc1ETE TP RaIATx Affects: Parcel B 9� 44.W' 9. Intentionally Deleted PAS STATION 10. Intentionally Deleted .=EIxo Rd nMe I O�fEST F19sSHOPT sr !1An agreement or covenant to hold lard as one parcel recorded March 11, 2015 as Instrument No. FOOD20if-132689 of Official Records. 12. Intentionally Deleted 5 ml8 13. Rights of the public in and to that pnrtion of the land lying within any Road, Street, Alley or Lhre Highway. El TI ( I I �NAt�.L Cole 14. Rights of parties in possession. YMl L-42.A1' p.M.aa, ASPHALTIC - a ae 36'30' CaNCIEfE ASPHALTIC Cp117ETE CONCRERE PCANPPY IRPOPmiY a0fal01AfY 5PAHp00, OEOICATIWI PARCEL 2 TO FE7MIN NOTT{)$I;ALE PER BOOK 10533, 903 PAGE 634 O.RNV I ,--I. RAID $ ", SI[F]ULK ORVEmAY ! I SIPEIIALI( DRIVEWAY 10'OMMATttr7 PAnCEL 1 {' DA71E1mY PEA BOOK fOF3T, PAGE 6nY O.R. i; - - - - - - - -- ------------ ----- - - --- -- - - Ga.aa a9.AG' BD 1 — — — — — — — — — — — —— —— — ^�—————— wAo1 STORM NiAfN mea'4s'3a'E 115.,10' CATCH BASp wAf6i 7'DEDICATION PED VALVE BOC-6R9 PAGE 2R2 O.P. ID'IImIGT]OI PARCEL 1 PEA aOd(f PAGE fig!O.R. IwgRBTTY Oon+OAPr ROM �IpAff o,R. I HEREBY STATE THAT THIS GAAP AND THE SURVEY R REPRESENT WAS 1 TO REMAIN PREPARED BY NE OR UNDER MY DIRECT SUFERVISiON. IT REPRESENTS �t�LAND MEED PFIVOTY m1-HURY THE GONOMONS OF THE SITE AT THE TIME OF THE SURVEY ONLY AND � tT F Nb In REMAIN IS NDT TO BE MISCONSTRUED AS A CONSTRUCTION DOCUMENT. b� m Ery..17/]1/19 3/07/2017 No. 5971 e BRUCE F.HUNSAKER. L.S-5927 DATE SOF CA'U CL FIRST 6TSEEt CL SNiN A sT. BASIS OF BEARINGS.' BENCHMARK- PREPARED FOR PREPARED BY.' SITE PLAN — EXHIBIT "C" THE B F NOR SHOWN HEREON ARE BAS1D ON THE EASTERLY NFnGiffMA OF TR ORANGE COUNTY SURVEYOR BENCHMARK SA-33E-06 H U N SAKE R LOTS 1 AND 2 OF TRACT NO. 347, AS PER MAP FILED IN BOOK 15, PAGE 7, OF MISCELLANEOUS MAPS ND. OF NORTH A STREET AS SHOWN'AS . PAGCALIFORNIA,STREET LL MAP OF TRACT B' RFICIUR HOLDINGS,INC. ND. COUNTYRCN�IFORNEk BEING Nocrio'3o�PAGE 7 OF MISCELLANEOUS MAPS OF ELEVATION: tsa.eag Fr. NavDsa LEVELED zDls. JIMSWINDMIU.WAY IN THE OFFICE OF THE CLERK AND RECORDER OF ORANGE COUNTY CALIFORNIA 4'OCS ALUMINUM OCNCHMARK DISK STAMPED -SA-336-0a SET IN THE SOUTHWEST CONNER SANTA ANA,CA W= LAND SURVEYING INC• CHECKED 8Y' BF'H DRAWN BY. BFH SCALE: T'-7D' DATE OF SORYEYi MAY,2076 R"SO DATE: 3/07/2017 OF A 8.0 FT X 4.0 FT. CATCH BASIN. MONUMENT IS LOCATED kN THE NORTHWEST PORAON Y FIRST THEOF INTERSECTION AND FT . EAST OFRD FIRST ST.42 Fr.THE CENTERLINE OF.C.ST,OlEYf1 W 14114E 51 OF DEWNIX P.Q.BOX 43M COSTA MESAD,CN FIRST ST. AT NORTH A ST. TUSTIN, CA ATTACHMENT G RESOLUTION NO. 4351 RESOLUTION NO. 4351 { A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 2017-10, DESIGN REVIEW 2017-011 AND LOT LINE ADJUSTMENT 2016-03 TO MODIFY USE PERMIT 76-27 TO REMOVE PARTIAL CONDITION OF APPROVAL 2G FROM RESOLUTION NO. 1574 TO AUTHORIZE CONTINUED RESIDENTIAL USE OF THE RESIDENTIAL STRUCTURE AT 125 NORTH "A" STREET, RETURN THE RESIDENTIAL STRUCTURE TO ITS HISTORIC CONDITION AND TO COMBINE TWO (2) LOTS INTO ONE (1) PARCEL ON PROPERTY LOCATED AT 125 NORTH "A" STREET AND 395 WEST FIRST STREET The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That proper application for Conditional Use Pen-nit (CUP) 2017-10, Design Review (DR) 2017-011 and Lot Line Adjustment (LLA) 2016-03 has been submitted'by Berhour Holdings, LLC., requesting modification of Use Permit (UP) 76-27 to remove partial condition of approval "2g" from Resolution No. 1574 to authorize continued residential use of the residential structure at 125 North "A" Street and to return the residential structure to its historic condition, and to combine two (2) lots into one (1) parcel located at 125 North "A" Street and 395 West First Street. B. That on November 22, 1976, the Planning Commission approved UP 76-27 to permit .installation of a drive-through dairy retail store and self-service gasoline sales at 395 West First Street. C. That Condition 2g of Resolution No. 1574 requires an agreement to the satisfaction of the City Attorney to the effect that the residence will be vacated and the property will be incorporated in the remainder of the commercial development on the property at the expiration of the existing tenancy. The single family dwelling has been vacated by multiple tenants; however, the single family dwelling has not been incorporated into the commercial property. D. On February 4, 2010, property owner proposed improvements to the gas station which would have encroached onto the residential portion of the property, which had not been vacated nor incorporated into the commercial property. E. On March 11, 2011, the City and the property owner entered into a Covenant and Agreement to Hold Property as One Parcel wherein the Resolution No. 4351 Page 2 property owner would take all steps necessary to convert the entire property to commercial use and to cease all residential uses of the property on or before March 1, 2016. F. On March 3, 2016, the Community Development Department notified the property owner that it was in violation of the covenant agreement and, on December 19, 2016, issued an administrative citation. G. On April 27, 2017, the property owner requested the residential structure be maintained because it was historic and was reserved at an affordable housing rate. H. That the site is zoned as Neighborhood Commercial (Sub-area 1) within the First Street Specific Plan (SP-10) and has a land-use designation of Planned Community Commercial/Business (PCCB). 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. I. Pursuant to SP-10, Section III C.1.a.5)a, any historic single family residential structure used for such purposes is a permitted use. A service station is not a permitted use under the SP-10 Section C1a, but was constructed with a permit and is therefore a legal nonconforming use. J. That a public hearing was duly called, noticed, and held on said application on November 14, 2017, by the Planning Commission. K. That the continuation of the residential use and structure will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of the ,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 in that: 1) The residential use and structure have been situated on the property since constructed between 1920 and 1930. 2) The residential structure is used for residential purposes and is situated such that it is functionally a part of a residential neighborhood and is separated from the gas station by a block wall. 3) Any existing historic single family residential structure used for such purposes is a permitted use in SP-10. 4) As conditioned, the existing residential use may remain residential until such time as it is converted to a commercial use. Resolution No.4351 Page 3 5) The project, as conditioned, would provide housing affordable to low- moderate income families for a period of fifty-five (55) years guaranteed by a housing agreement. L. That the 'location, size, and general appearance of the proposed project, as conditioned, is compatible with the surrounding area in that the proposed residential structure would be returned. to its historic appearance. The proposal will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole in that: 1. A residential property listed on the Tustin 2003 Historic Resources Survey Update that was previously modified would be returned to its historical appearance. 2. That the location, size, and general appearance of the proposed project, as conditioned, is compatible with the surrounding area in that the proposed residential structure is functionally a part of a residential neighborhood and is separated from the gas station by a block wall. M. That as conditioned, the LLA would be in conformance with the State Subdivision Map Act and TCC Section 9321 (Subdivision Code) in that: 1. The proposal is eligible for processing as a lot line adjustment pursuant to Section 66412(4) of the California Subdivision Map Act and TCC 9321. 2. Only two (2) or fewer existing, adjoining parcels are involved and are therefore eligible for a LLA. 3. No greater number of parcels will result from LLA 2016-03. 4. The Public Works Engineering Division has reviewed LLA 2017-03 and found it to be technically correct. 5. That the Public Works Engineering Division and Community. Development Department of the City of Tustin has reviewed LLA 2016- 03 and has made findings that the real property, described in Exhibit "A" and shown on Exhibit "B", comply with the provisions of the California Subdivision Map Act and applicable City of Tustin Ordinances and Regulations including the requirements for building sites. 6. That the proposal is consistent with the City of Tustin General Plan; Resolution No. 4351 Page 4 7. That the resultant parcel will meet the requirements of the City of Tustin Zoning Code and First Street Specific Plan; and, 8. The proposed use, as conditioned, would not be detrimental to surrounding properties in that no new development is proposed that would intensify the use of the property. 9. The proposed LLA complies with the State Subdivision Map Act'and TCC Section 9322. N. This project is categorically exempt from further environmental review pursuant to the California Environmental Quality Act (CEQA) Sections 15301, Class 1 (Existing Facilities), 15315 Class 15 (Minor Land Divisions) and 15331, Class 31 (Historical Resource Restoration/Rehabilitation), II. The Planning Commission hereby approves CUP 2017-10, DR 2017-011 and LLA 2016-03 to partially remove Condition of Approval "2g" from Planning Commission Resolution No. 1574, authorize the single family dwelling to remain as a residential use and to restore the residential structure to its historic appearance and to combine two (2) lots into one (1) parcel. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 14th day of November, 2017. RYDER TODD SMITH Chairperson ELIZABETH A. BINSACK Planning Commission Secretary Resolution No.4351 Page 5 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. 4351 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 14th day of November, 2017. PLANNING COMMISSIONER AYES: PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A CONDITIONS OF APPROVAL CUP 2017-10, DR 2017-011, LLA 2016-03 395 W. FIRST STREET 1125 NORTH "A" STREET GENERAL (1) 1.1 The proposed project shall substantially conform with the Tustin City Code (TCC) and Tustin guidelines and standards and be consistent with submitted plans for the project date stamped November 14, 2017, on file with the Community Development Department, 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 subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the TCC or other applicable regulations. (1). 1.2 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) 1.3 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 is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.4 Approval of Conditional Use Permit (CUP) 2017-10 and Design Review (DR) 2017-011 is contingent upon the applicant and 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 (5) RESPONSIBLE AGENCY REQUIREMENTS (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODEIS (7) PCICC POLICY (4) DESIGN REVIEW *** EXCEPTIONS Exhibit A Resolution No.4351 CUP 2017-10, DR 2017-011 & LLA 2017-03 Page 2 (1) 1.5 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 attach, 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 filed against the City and to fully cooperate in the defense of any such action. The City may, at this sole cost and expense, elect to participate in defense of any such actions under this condition. (1) 1.6 Any violation of any of the conditions imposed is subject to issuance of an Administrative Citation pursuant to TCC Section 1162(a). (1) 1.7 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. USE RESTRICTIONS (1) 2.1 The project approval is to modify Planning Commission Resolution No. 1574. approving CUP 76-27 (November 22, 1976) by partially rescinding condition of approval "g" therein, which states: "An agreement to the satisfaction of the City Attorney to the effect that the residence will be vacated and the property will be incorporated in the remainder of the commercial development property at the expiration of the existing.tenancy." The residence once restored to its original historic condition may remain as a residence; however, the property shall be incorporated in the remainder of-the commercial development and be combined into one (1) parcel. All other Conditions of Approval contained in Planning Commission Resolution No. 1574 shall remain in full force and effect. *"* 2.2 The residential structure shall be restored to its original historic condition as identified in the City of Tustin 2003 Historical Resources Survey Update. Construction plans for the restoration of the historic residential structure shall be submitted to the Community Development Department within forty-five (45) days of Planning Commission Approval. No construction shall commence until a building permit has been issued for the restoration of the following character defining features: • r Exhibit A Resolution No. 4351 CUP 2017-10, DR 2017-011 & LLA 2017-03 Page 3 a. Unpermitted vinyl windows on the front facade shall be removed and replaced with recessed double-hung, multi-paned wood windows subject to approval by -the Director of Community Development. Window specifications, including wood window sills and construction details shall be included in the construction plans. b. Exterior plaster walls shall be repaired and/or restored as needed to bring the residence into good repair, and painted to match the existing plaster texture. Paint samples shall be included in the construction plans for approval by the Director of Community Development prior to application on the building. C. Fascia and gutters on the west elevations shall be removed and restored to original condition subject to the approval of the Director of Community Development. Fascia and gutters on the north and south elevations shall be removed to restore and repair exposed rafter tails. Rafter tail details shall be included in the construction plan submittal. d. A new front door consistent with the historic architecture of the home shall be installed. Specifications for the door shall be included in the construction plans, for review and approval by the Director of Community Development. e. The unpermitted handrails at the front porch shall be removed and replaced with a black iron handrail with vertical support posts in a design consistent with the Spanish Revival style of the structure subject to the approval by the Director of Community Development. The Applicant shall submit proposed design, including construction details and dimensions for all components of the handrail, in the construction plans for approval by the Director of Community Development. 2.3 The single-family home shall be occupied by a Low-Moderate income family and shall be maintained as such for a period of fifty-five (55) years and shall be subject to a Housing Agreement in form and content approved by the City Attomey. Prior to issuance of a building permit, the Housing Agreement shall be approved and executed by property owners)/applicant(s) and the Director of Community Development. *** 2.4 The existing nonconforming single-family residential structure shall not be expanded, enlarged, or structurally altered and shall be used as a single family residential structure only. (1) 2.5 Any abandonment or discontinuation of the existing nonconforming residential use or structure on the property or conversion to any other use permitted or conditionally permitted by the TCC shall be F Exhibit A Resolution No. 4351 CUP 2017-10, DR 2017-011 & LLA 2017-03 Page 4 permanent. The use and structure shall not revert to or be converted to a residential use at any time in the future. (5) 2.6 The applicant shall submit a current title report for the property prior to recordation of Lot Line Adjustment (LLA) 2016-03 and within ten (10) working days of this approval. (1) 2.7 The applicant shall record a new deed reflecting LLA 2016-03, as described in Exhibit "A" and shown on Exhibit "B", concurrent with recording the subject LLA. This approval shall become null and void if LLA 2016-03 and the deed reflecting LLA 2016-03 is not recorded with the Recorder's Office of Orange County, California within forty five (45) days of the date this approval. (1) 2.8 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney's fees. All enforcement costs incurred to date shall be paid to prior to issuance of building permits or certificate of occupancy. PLAN SUBMITTAL (1) 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. At plan check, all exterior colors and materials shall be submitted for review and approval by the Community Development Department. (1) 3.2 Prior to any work in the public right-of-way, an Encroachment Permit (5) shall be obtained and applicable fees paid to the Public Works Department. (1) 3.3 Construction and Demolition Waste Recycling and Reduction Pian (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 sixty-five (65) percent 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 Exhibit A Resolution No. 4351 CUP 2017-10, DR 2017-011 & LLA 2017-03 Page 5 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". LOT LINE ADJUSTMENT (1) 4.1 Prior to issuance of any permit, the applicant shall record a new deed (4) reflecting LLA No. 2016-03, concurrent with recording the subject LLA, with the Recorder's Office of Orange County, California prior to permit issuance. FEES (1) 5.1 Within forty-eight (48) hours of approval of the subject project, the (5) 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 California Environmental Quality Act could be significantly lengthened.