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HomeMy WebLinkAbout04 PC REPORT BERDJ KEUYLIAN 125 N A STREET_395 W FIRST STREET t AGENDA REPORT STEMS MEETING DATE: DECEMBER 12, 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 11303 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 December 12, 2017 CUP 2017-10, DR 2017-011, LLA 2016-03 Page 2 125N. ASt. [395 W. First St. r t i r r' u Al' ,...a .,.,r i`'�.m",^•a,,ru .ter.... 'n,r s,r, . ,s ,.. ._._...�,. _. 125 North "A"Street 1395 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 subject to a condition requiring that the dwelling remains affordable to low/moderate income renters for 55 years, 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 (TCC) 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: This project was originally scheduled for the Planning Commission meeting of November 14, 2017. On the afternoon of November 14, 2017, the Planning Commission and City staff received electronic mail correspondence from Justine K. Nielsen of Procopio, on behalf of the property owner and applicant, Berdj Keuylian/Berhour Holdings, requesting the Planning Commission approve the project without Condition of Approval 2.3 of Resolution 4351. Condition of Approval 2.3 requires the residence to be occupied by a low-moderate income family for a period of 55 years PC Report December 12, 2017 CUP 2017-10, DR 2017-011, LLA 2016-03 Page 3 subject to a housing agreement. The Planning Commission continued the Public Hearing to December 12, 2017, to allow sufficient time for staff to review and respond to the request to eliminate Condition of Approval 2.3. Specific discussion related to this matter is provided later in this report. 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 Plan). 1 Y t 1 l "tea - tM 125 N. A St i 1225 ' Residentinl a oz�-- W. First St. Commerc•WUse 3�5 �. r 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 PC Report December 12, 2017 CUP 2017-10, DR 2017-011, LLA 2016-03 Page 4 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. 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. � � qi� 3'. f } q5 1 ,f 3 4 q � Fr .' Aps _— "... .. .... ". ,%.Win,. .. ... .. 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. 2003 Historical Resource Survey Update(Attachment D) PC Report December 12, 2017 CUP 2017-10, DR 2017-011, LLA 2016-03 Page 5 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 (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 andlor 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 (#52011-0060) 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. On March 3, 2016, following the expiration of the five (5) year extension, the CDD notified the property owner that it was in violation of the covenant agreement 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. (Attachment F, page 3 ["However, we are asking that you please help us to preserve and protect the historic residence, keep an affordable house in this historic neighborhood, and save us significant expenditure that this conversion would cause for no good reason." (Emphasis added)]) With this new stipulation, staff offered to support the request on the following terms: 1. Return to the Planning Commission for an amendment to Condition 2g of Resolution No. 1574 (UP 7627); 2. Record a lot line adjustment to remove the lot line; 3. Restore the residence to its original historic appearance; PC Report December 12, 2017 CUP 2017-10, DR 2017-011, LLA 2016-03 Page 6 4. Occupation of the residence by low-moderate income family subject to a housing agreement; and, 5. The residence would remain a 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. 6. Payment of City costs associated with necessary code enforcement action, including attorney's fees. 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 property line at the center of the project site to form a single parcel. w ur k1 u I` Project Site l fl iZW Lot 2 ;r; p Lot I 3'a e RAM 7 � �. 'I .. --- — -e 4- ,. as r R Existing Lot Configuration PC Report December 12, 2017 CUP 2017-10, DR 2017-011, LLA 2016-03 Page 7 Conditional Use Permit 2097-10 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 indicated surprise 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. 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 and provides low/moderate incoming housing, 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. Below is a picture of the home in its existing condition. tr li In i P 125 North "A" Street Current Condition PC Report December 12, 2017 CUP 2017-10, DR 2017-011, LLA 2016-03 Page 8 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. 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 2003 Historical 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 H 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. Applicant Objects to Low/Moderate Income Covenant On the morning of November 14, 2017, the date this item was initially scheduled to be heard by the Planning Commission, the applicant submitted a letter from an attorney objecting to.condition 2.3, which requires that the residential structure be maintained as low-moderate housing for 55 years. The letter, attached as Attachment G argues that: a. That there is no nexus between the impact of the proposed development and the affordable housing requirement, and that condition 2.3 is therefore an unconstitutional exaction under cases such as Nollan v. California Coastal Commission (1987) ("Nollan"), 483 U.S. 825, and Dollan v City of Tigard ("Dollan") (1994) 512 U.S. 374. PC Report December 12, 2017 CUP 2017-10, DR 2017-011, LLA 2016-03 Page 9 b. Condition 2.3 is unnecessary because the house is already providing below- market housing. c. Condition 2.3 would not provide any additional public or private benefits. d. Condition 2.3 is unreasonably burdensome. After consultation with the City Attorneys' Office, staff believes that condition 2.3 is justified under the circumstances of this application. Condition 2.3 is not an unconstitutional taking of the applicants' property. Cases like Nollan and Dollan apply when a government entity requires some sort of exaction as a condition of development of private property. Exactions can include such things as a requirement that a property owner dedicate property for a public improvement or pay an in lieu fee for a public improvement. Conditions of approval that merely restrict the use of property, but that do not require the payment of a fee or dedication of property, are not exactions and therefore do not require the same analysis under Nollan and Dollan as fees and dedication requirements. In California Building Industry Association v. City of San Jose (2015) 61 Cal.41h 435, the California Supreme Court held that an ordinance imposing a requirement that a certain percent of residential housing developments be set aside for low and moderate income residents was a permissible use restriction, not an exaction. Although the low/moderate housing requirement at issue in the San Jose case involved the application of a local ordinance, the City Attorneys' Office believes that the decision applies with equal force to the instant application. Condition 2.3 does not require the applicant to dedicate property to the City for a public improvement. Nor does condition 2.3 require the applicant to pay an in lieu fee. The condition merely requires that the applicant continue to do the very thing that justifies the application in the first place — continue to make the property affordable to low/moderate renters. Even if condition 2.3 could be characterized as imposing an exaction, there is a nexus between the condition and the application. As it currently exists, the residential use constitutes a nonconforming use that was required to be removed. But the owners failed to comply with the approved conditional use permit and subsequent extension agreement. Despite the 1977 condition requiring the conversion of the house to a commercial use, and despite the applicant's 2010 written agreement to comply with the 1977 requirement by 2016, the applicant now seeks to eliminate the 1977 requirement and maintain the residential use on the property. The applicant offered two basic justifications for this request: 1) the First Street Specific Plan favors the retention of historic structures; and 2) the house has been used for low/moderate income families. Only the second reason actually supports the request. PC Report December 12, 2017 CUP 2017-10, DR 2017-011, LLA 2016-03 Page 10 One overarching goal of the City's zoning regulations is to eventually eliminate nonconforming uses and bring properties into conformance with all applicable zoning regulations. The applicant can bring the property into conformance with applicable zoning regulations without destroying the historic character of the house by adaptive reuse of the existing structure. Thus, maintaining the residential use of the house is not necessary to achieve both the First Street Specific Plan's goal of preserving historic structures and the City's overall goal of eliminating nonconforming uses. In this case, the fact that the house has historically provided housing to low/moderate income renters, and will continue to do so in the future, is the one thing that justifies continued use of the structure for housing. Without condition 2.3, the justification for allowing the nonconforming status of the property to continue is lost. That is the nexus that justifies the condition. The fact that the applicant opposes condition 2.3 suggests that, without the condition, the applicant might later seek to increase rents for the house to market rate. Otherwise, there would be no reason to object. Yet the applicant used the fact that the property is rented at below market rate to justify the application. By opposing condition 2.3, the applicant is essentially asking that the house remain a residential use, but that the applicant be permitted to eliminate the justification for maintaining that use by raising the rents to market rate. Condition 2.3 ensures that this will not happen. Condition 2.3 provides an obvious public benefit: maintaining residential housing stock for low/moderate income renters for at least 55 years. Finally, condition 2.3 does not impose an unreasonable burden on the applicant. As the applicant has repeatedly stated, the property was rented at below market rates when the property was purchased in 2010. The applicant has continued to charge below market rates since then. There has been no justification offered for why the continuation of a condition that has existed since at least 1977 would cause an undue burden to the applicant. Further, the November 14, 2017 letter from the applicants' attorney concedes that, because of its size, single bathroom and location, the house likely cannot be rented at market rates. 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 thereby eliminating the property line that is crossing a building. No new physical development is proposed on the site as part of the LLA. PC Report December 12, 2017 CUP 2017-10, DR 2017-011, LLA 2016-03 Page 11 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. 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 residential structure 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: s 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. As it currently exists, the residential use constitutes a nonconforming use that was required to be removed but the owners failed to comply with the approved conditional use permit and subsequent extension agreement. 4. Despite the 1977 condition requiring the conversion of the house to a commercial use, and despite the applicant's 2010 written agreement to comply with the 1977 requirement by 2016, the applicant seeks to eliminate the 1977 requirement and maintain the residential use on the property. The applicant offered two basic justifications for this request: 1) the First Street Specific Plan favors the retention of historic structures; and 2) the house has continuously been used for low/moderate income families. 5. The property can be brought into conformance with applicable zoning regulations without destroying the historic character of the house by adaptive PC Report December 12, 2017 CUP 2017-10, DR 2017011, LLA 2016-03 Page 12 reuse of the existing structure. Therefore maintaining the residential use of the house is not necessary to achieve both the First Street Specific Plan's goal of preserving historic structures and the City's overall goal of eliminating nonconforming uses. 6. The house has historically provided housing to low/moderate income renters, and as conditioned, would continue to do so for a period of fifty-five (55) years guaranteed by a housing agreement, thereby justifying the continued use of the structure for housing. 7. As conditioned, the existing residential use may remain residential until such time as it is converted to a commercial use. 8. 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). 9. As conditioned, the City will be reimbursed by the applicant for costs associated with necessary code enforcement action, including attomey's fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. 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 may be 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 may be supported by the following findings: PC Report December 12, 2017 CUP 2017-10, DR 2017-011, LLA 2016-03 Page 13 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 932.1. 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). 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 lizabeth A. Binsack Senior Planner, AICP, RLA Director of Community Development 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) PC Report December 12, 2017 CUP 2017-10, DR 2017-011, LLA 2016-03 Page 14 F. Letter from Applicant to City dated April 27, 2017 G. Letter from Applicant's Attorney to City dated November 14, 2017 H. Submitted Plans and LLA I. Resolution No. 4351 i I I f ATTACHMENT A LOCATION MAP �I ate] VO m m o8 � ¢J m� illi fm -I.� I G➢ m �� qtr '� - _- � � ® m- 'Wt on 4� ir,, '�f bba m 'Ga q m 4D-' as ; n cs (no , . d vI r ci rg is Y CO IZ UO L•7 •� .. _�Q to, 40 _._— .• ....--.__ _.._. t 2 ib c, tCJ ff2 31 „r 42 -.. tV �. • q �, 8 46 a,+i�„ W 97 mto CO atioi I 8 am �..d s r au A.:,-��a � $ � —�–' o sa_ 8_ • --�' �'_ �. c ria gra � �� � 300-foot radius 500-foot radius (NTS) (NTS) i i Fart\ r \ •�,� -" iYllli,-L-tTE�ftl!t: �q ✓• �• 54 i� "l. V,, V \'T•r m - l� 1./ _. fj r a ✓l � yy, a V w �'���. - � ✓ fie.. 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: 125 N. A STREET/395 W. FIRST STREET a. APN(S): 401-523-31 5. PREVIOUS APPLICATION RELATING TO THIS PROPERTY: • USE PERMIT 76-27 & RESO. 1571-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 IN 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 ERCIAUFIRST STREET SPECIFIC PLAN EAST: NEIGHBORHOOD COMMERCIAUFIRST STREET SPECIFIC PLAN WEST: NEIGHBORHOOD COMMERCIAUFIRST STREET SPECIFIC PLAN 8. SURROUNDING GENERAL PLAN DESIGNATION: NORTH: HDR- HIGH DENSITY RESIDENTIAULDR SOUTH: PCCB- PLANNED COMMUNITY COMMERCIAUBUSINESS EAST: PCCB- PLANNED COMMUNITY COMM ERCIAUBUSINESS WEST: PCCB- PLANNED COMMUNITY COMMERCIAUBUSINESS 9, SITE LAND USE: A. EXISTING: SHELL SERVICE STATION AND ADJACENT SFD B, PROPOSED: SAME C. GENERAL PLAN: PCCB- PLANNED COMMUNITY COMMERCIAUBUSINESS PROPOSED GP: SAME D. ZONING: NEIGHBORHOOD COMM ERCIAUFIRST 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: N/A E I i ATTACHMENT C PLANNING COMMISSION RESOLUTION NO. 1574 AND COVENANT TO HOLD PROPERTY AS ONE (1977) i 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 HAIRY 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 $ 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. la 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 f 14 welfare of the persons residing or working in the neighborhood of such proposed use, evidenced 15 by the following findings: l 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 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, 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 approved 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 pefmits' be obtained for' all r 32 construction, and all work be-accomplished in 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) . 7 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. 10 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 . 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 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. � • I 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 F THE PLANNIN COMM 23 ` � ate-✓ �� 24 p NTNG MM SSION RECORDING SECRETARY 25 26 27 28 29 30 31 32 STATE OF CALIFORNIA y COUNTY OF ORANGE ) CITY OF TUSTIN ) I, MARY ANN CFIAABERLAIN, 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 go the Plan ing Commission, held on the day of 14 7 . PLANNINGWOMMISSION RECORDING SECRETARY � _ f I I i :r. 50053 AK 1235 REC011DIM REQUESTED BY AND MAIL TO, -M 95,9 pEC+J,i08P{N 6FF,CfAL RECORDS CITY ENGINEER rE—X E——MP T-1 OFORANaeCCuran•,CALWOR,�1A CITY HALL C 4 ons AAA. AUG 3Q 1917 CITY OF TUSTIN CENTENNIAL h MAIN STREETS I.WVUECWYL4C"I{R!0MW TUSTIN, CA 92680 SPACE ABOVE THIS LINE FOR RECORDER'S USE COVENANT AND AGREEMENT TO HOLD 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 I of Tract Ho, 347 as sbwn on,a ma recorded in Sook 15, e 7 of Miscellaneous egodescription) Maps, Records of OrangeCounty, California; and, Lot 2, and the West feet of Lot l of Tract No. 347,. as per map thereof recorded in Book 16, page 7 of Miscellaneous Maps, Records of Orange County,__ as per map recorded in Book ....16. .. . , page 7 Records of Orange County. And, for the purpose of develo in a drive-i dal ry and aso ine service station across the s a e purpose comarun lot line of Lots 1 and 2 of Tract No. 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 and agreement shall run with the land and Shall be binding upon ourselves, and future owners, encumbrarmats, their successors, heirs and assignees } DATED; this nye;�day of (sign) i (sign) E i 3 STATE OF CALIFORNIA, 55 ,COUNTY OF C 4 ) be gnea4/ Ko a ry Pu 19 �' before me, the a F4otary ubT1c in an for said Std te,;personally appeared IJ sown to me, to be the person w me _'se na OffIUALS"t subscribed to the within Instrument, and acknow edged MARY W? to me that he executed the same. [i'?$� notary Aartcdahsirill ---• ----- f � ORANGE COUkr' s = fycam�ne�EpFrs,ael.7t,iyp WITNESS.my hand and official seal, e.., �................r4l ..... . NO Y UBLIC D FOR SAFD STATE ' ATTACHMENT D 2003 HISTORICAL RESOURCE SURVEY UPDATE 125 A STREET (N) 'gg f 11 1 j w Y' See following pages for property information State of Kalifornia—The Resources Agency Primary DEPARTMENT OF PARKS AND RECREATION HRIO BUILDING, STRUCTURE, AND OBJECT RECORD P-4el of 1 *NRHP Status Cade:5D1 *'Resource Mame or#(119;L 125 A.Str+eet(N� B1. Historic Name: B2. Common Name: B3. Original Use:Readendol B4. Present Use-Residential *BS_ Architectural Style:Spanish Colo ial ReeiTial 4134. Construction llastory: (C==ctim&M alterations,and date ofalteratiom) This building wm most likely built M the 1920-30s. *B7_ Moved? X No DYe5 0L7nlruawn Date: Original Location: *BS. Related Features: Bo& architect:unknown b.Builder:un1monnr *B10. Significance: Theme:RessdenrialArchitecture Area:Santa Ana-TWin,CA Period of Significance:1900-1945 Property Type.Residential Applicable Criteria:C (Discuss ire in terms of tristorical or arct tech aal co=2,d as defined by dreum period and geographic scope Alm addrm integrity-) The single storied building i y!3ignifacant as part of the proliferation and Variety of the Spanish Colonial Revival style in Tustin, 'The building's character defining features include,but are not limited to: * t%ro gabled hoot facing faca&-s u th difieZing roof levels • rafters exposed with little ovediang • entry perpendicular to the front facade and under the open corner of the front gable section • Double hung,multi-paned windows are recessed from the exterior wall B11. additional Resource Attributes:W2)--Single Family property *B12. References:Cio of Tustin Htstepicai Survey,thirtieth street architects;vac.,Jure.1990;First Ameticau Title Company records;Dui factories;Tustin Area Historical Society. B13. Remarks The building requires additional information and research to assess fatly,its significance. (Sketch Map with north arrow required.) ! 175 *B14. Evaluator:TELA Nest,C.Jordan I 1? 173 *Date of Evaluation:Oct 2002 45 YxAcit1`l1,A WVfa ! _ 160 ff3 APAR�'A#:tx S ► w sm i 130 133 144 143 (This space reserved for official continents.) 135 t F1rf X34 in Fl HS7 STRE FT DPR 6238(1195) *Required information ATTACHMENT E COVENANT AND AGREEMENT , i TO HOLD PROPERTY AS ONE PARCEL (2011) RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO Recorded in Official Records, Orange County Tom [1al , Clerk-Recorder City Clerk 'Ron �II�I�NII�11111M IN NI 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 from recording fee per Government Code§§6103 and 27383 APNs: 401-523-11 and 401-523-12 (Space Above this Line for Recorder's Use) COVENANT AND AGREEMENT TO HOLD PROPERTY AS ONE PARCEL 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 Keuylian("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 1 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 115 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 Plan 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 Planning 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 tp 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. 75W9.1 COVENANT AND AGREEMENT NOW, THEREFOR; I. 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 1, 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. 5. 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 Iimitation taxable court costs and attorneys' fees, as awarded by a court of competent jurisdiction. [SIGNATURES ONFOLL0WING PAGE] 75tQM IN WITNESS WHEREOF, this COVENANT AND AGREEMENT is executed by the parties hereto as of the day and year first above written. PROP TY E Xrd' euyl]an oury K uy [Signature of Property Owners must be properly acknowledged and notarized] ACCEPTED BY: City of Tustin, a California municipal corporation By: D d Biggs City Manager APPRO FSkTp;FO7RM- By:— Doujl* C. Holland City Attorney 752OD9.I State of California ) ss. County of e2 R'I ai) On before me, V & 4^s , a notary public,personally appeared who proved to me on the basis of satisfactory evidence to be tMe per n(s) w ase n e(s) Wke subscribed to the within instrument and acknowledged to me that be/she/they executed the same in}6gwr/their authorized eapacity(ies), and that by ar/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) : �, MARIIt W.rU��AST�RS ? u. COMM. ' ;732915 NOTARY NBLiC.CALIFORNl4 State of California ) d ORANGE CouNTY r My Corra. Fxpires Apr. 11,2011 ss, County of ) i On_ before me, a notary public,personally i 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 instalment and acknowledged to me that he/she/they executed the same in his/her/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 wider the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature _ ^ (seal) alxao9.r EXHMIT "A" USEPERMIT i s i I I i i I i I i i Ii i 73700�1.i &93 ], RESOLUTION NO. 1574 $ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN GRAN'T'ING USE PERMIT N0. 76-27 ON APPLICATION r� 3 OF SELF ENTERPRISES, INC. FOR A DRIVE-TH RU 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 0. 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, canfort 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 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, 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 approved 29• 2. The Planning Commission hereby grants a Use Permit as applied for to authorize a drive-thru dairy retali 30 store with self serve gasoline sales subject to the following conditions: 31 A. That necessary permitsbe obtained for` all . 32 construction, and all work be.accomplished in 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 6 and standards, to include the City of Tustin Development Standards (Resolution 76-23) , the 6 Loning Ordinance (Ord: 157) , and the Sign Ordinance (Ord. 664), c. That final development plans to include plot, 6 x elevations, materials, landscaping, irrigation, lighting, and signing, be submitted for review 9 and approval by staff. 1.4 d, Installation of all utilities underground with no additional overhead poles to be set within the 3.3. additional or adj4cent to street right of way. 12 e: Installation of street improvements to the 15 approval',of the City Engineer. 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 g. An agreement to the satisfaction of the City Attorney to the effeot 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. 2 f 1 � 22 CHXTKM OF THE MMISSIOR6L 23 24 �`�•✓ p ING MM IO CORDING SECRETARY 25 26 27 28 29 30 3] 32 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) Y, MARY ANN CHAMBERLAIN, the undersigned, hereby certifies that she is the Recording Secretary of the Planning Commizsion of the City of Tustin, California; that the foregoing Raaolution was duly passed and adopted at a regular meeting pf the Plaqning Commission, held on the oday of 197 PLANNING4COWHISSION RECORDING SECRETARY ' r 1 i ATTACHMENT F i a LETTER FROM APPLICANT TO CITY DATED APRIL 27, 2017 i i i i i April 27, 2017 Mr.Jeffrey C. Parker City Manager City of Tustin 300 Centennial Way Tustin, CA 92780 Dear Mr. Parker, PLEASE HELP US PRESERVE AND PROTECT OUR HISTORIC TUSTIN HOUSE We are writing to you as 20-year residents and business-owners in the City of Tustin. We have lived and raised our children in this great community. In 2011, in the midst of a near economic recession,we purchased what we believed was a service station/convenience market and a cute little house all on one property located at 395 W. First Street/125 N. "A" Street. The main purpose of this investment was to refurbish and operate the service station/convenience store as a family-run business. Following the purchase,we immediately set out to obtain the necessary permits to start operating the service station. To our surprise, staff presented us an arcane condition of approval from the original Use Permit of 1976, which stated that the house was to be vacated and incorporated into the commercial operation of the gas station. Please see attached the 1976 Resolution of Approval that includes Condition "g Apparently,for over 35 years, despite several changes in ownership of the property and tenancy of the house,the City had not enforced this condition. Faced with an unexpected situation which would cause major expenditures and delays in starting our business,we asked the City to waive this old, unmet condition,and to allow us to continue to rent the house as a residence. The City declined, stating that permits for the gas station operation would not be issued without a commitment from us to comply with condition "g". We ended up signing a "Covenant and Agreement"to comply with the condition within 5 years. On March 3, 2016 we received a reminder from the City that our'deadline for the conversion was about to expire, and to submit plans in accordance with the agreement. We attempted to renegotiate the agreement with staff to no avail. We were forced to terminate the lease on a young family who was happy to live in an affordable house in a nice neighborhood. And, we hired consultants to help us prepare plans and documents for a Lot Line Adjustment and a site design for Design Review. We have been working with City staff over the past 13 months to satisfy this now 40-year old condition. On April 3rd, at a meeting with staff which we thought would be a final discussion on site design,staff verbally informed us that it had just come to their attention that the residence was in fact a historic house and included in the Tustin Historical Survey, As such, we had to make sure that the required modifications to our property comply with Tustin's Cultural Resource District Residential Design Guidelines. This was yet another major surprise. Nevertheless, we were pleased to find out that we actually owned apiece of Tustin's history—A 100-year old Spanish Colonial Revival I On further research, we discovered that of the 21 existing residences on N. "A"Street, 16 including our house,are on the City's Historical Survey list. Given this new important information,we asked staff to reconsider the enforcement of the old condition "g"to convert the house to commercial use and its incorporation into the gas station. Staff has again denied our request. We are baffled. Why would enforcement of an old unmet condition with no specific purpose or benefit take precedence over protecting and preserving a historic house, and override principles of good planning practice? The key question to ask is do the community and the City stand to benefit from the incorporation of a historic residence into a gas station? We think the answer is negative. The importance of these historic homes is also recognized in the First Street Specific Plan which specifically states that all historic single- family homes used for residential purposes, regardless of their location and zone, are considered "Permitted" uses. The First Street Specific Plan further states: 5 Existing Single Family Residential Use Structures Any existing single family residential structure listed within the City's official historic survey is encouraged to be preserved and used as a residence,or preserved and used as a commercial use as authorized by this Section and consistent with the City's Cultural Resource District Residential Design Guidelines and the Secretary of Interior's Standards for Rehabilitation. Secretary of Interior's Standards for Rehabilitation state: E 1.A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment. Clearly,adherence with the old condition "g"would be in conflict with the above policies and standards, as there is no feasible way to incorporate the house in the gas station property with "minimal change to the defining characteristics of the building and its site and environment". The conversion would require ADA compliance including a ramp, shared access between the gas station and the house, elimination of the existing walls and landscaping which currently completely buffer the house from the gas station, elimination of permeable surfaces for parking and vehicular circulation, a complete redesign and major grading of the backyard of the house, and alterations to the house basement access to create a surface parking lot and drainage to serve a commercial use. Operationally,the house will be exposed to not only traffic generated by its reuse for commercial purposes, but also that of the gas station which would be an integral component of an overall commercial site. Although adaptive reuse of historic buildings is common practice,typically the surrounding site and general environment and land use(s) are compatible with the reuse. In this case, the reuse required by staff necessitates physical integration of a historic residence into a gas station! Further,the conversion would have substantial negative financial implications for our family business. 1 In addition to significant costs associated with the above improvements, a commercial use behind a gas station (and unrelated to the gas station operations)with no visibility from First Street would be extremely difficult to market. As a result, the building may stay vacant for extended periods. Staff has 2 already stated that they would like us to consider a "low intensity" commercial use, in which case there will be no fiscal benefit to the City. We have directed our consultants to continue to work with staff on the Design Review Application, as we fear that delays in our responses to staff would be cause for citations, hefty fines or business shut down, which has been repeatedly communicated to us by code enforcement. However, we are asking you to please help us to preserve and protect the historic residence, keep an affordable house in this historic neighborhood, and save us significant expenditure that this conversion would cause for no good reason. We believe this will be a win-win for the City, the community and our small family business. We sincerely appreciate your attention to this matter. We are available at(714) 743-5044 or bkeuylian@gmail.com. If you have any technical questions,you can contact Ms. Seda Yaghoubian, AICP, LEED AP at(714)401-9514 or at secfa@semaassociates.com. Sincerer Berd and Houry Keuylian cc: Tustin City Council Tustin Planning Commission Jeffrey C. Parker, City Manager Elizabeth Binsack, Community Development Director Justina Willkom, Assistant Director- Planning Dana Ogdon,Assistant Director- Building Edmelynne Hutter, Senior Planner Brad Steen, Code Enforcement Officer Attachments: Resolution of Approval- 1976 Use Permit Property Photo and Location 3 393 RESOLUTION N0, 1574 2 A RESOLUTION.Or THE PLANNING COMMISSION OF THE CITY OF TUSTIN GRMTING Ott PERMIT k0d 76-27 ON APPLICATION OF SXLP.V.=XPRISES, INC. FOR A DRIVE-T31RU 'DAIRY HE ialo STORE WITH SELF SEMS GASOLINE SALES 4 The Planning Cownission of the City of Tustin does hereby 5 resolbe as follows; 6 1. The Planning Copmission finds and determines as followes 7 a. That a proper application* No. Use Persllt 76-26 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. •1a. b. That h public hearing was duly Called, noticed and 11 held on said application. 1,3 .c. That establishment, maintenance and op6ation of the use applied for will not, under tha circum- is ircum 13 stances of this case, be detrimental to.the health, safety, morals, coatfort or general 14 welfare of the persons residing or worksnq in the neighborhood of such proposed use, evidenced 1 _ 13 by the following findings* 16 (1) That subjact'use in in aonforman'rb to the Tustin General Plan as adopted by the City 17 Cavneil of Tustin, .and l8 (2) That the development will be constructed iti accordance with an approved plan for the 19 building and site. 20 d. That the establishment, mainEenance'and operation of the use applied tqr 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. 123 e, Proposed development shall be in aeoordance 'with 24 the.zoning ordinance and the development policies adopted by the City Council, uniform Building 25 Codes as administered by the euilding Official,, Fire Code as administered by the Fire Chief., and 26 street improvea;ent requirements es 'sds*inistered by the City Engineer. 27 f. That a request forexemption from the Environmental 28 Impact Report proeeduies has been filed and approved 29 2. The Planning Commission hereby grants a Use permit as applied .for to authorize a drive-thru dairy retail 30 stare. with self serve gasoline sales subject to the 31 followinl conditions$ A. That nedess'iry patmiis'be obtained for all ►. . 32 construction, and all work be-accomplished in ocumen u 1 Resolution No'. 1574 11-22-76, Page,2 3 . conformance with current codes. 4 b. That the development of the subject property shall he done in conformance witA all applicable codes 5 and standards, to include the City of Tuitin' Development Standards (Resolution 76�23)j the 6 Zoning Ordinance (Ord. 157), and the Sign Ordinance (Ord. 684). o. That final development plans to include plot, 8 elevation&, materials landscaping, irrigation, lighting, and signing, be submitted for review 9 and approval by staff. 10 d. Installation of all utilities underground with no ' additional overbead poles to be net within the 11 property or adjacent to @treat right of way. 12 a: Installation of street improvements to the approva.l'.of the City Engineer. f. That said use shall be conducted ao as not to 14 present a nuisance to :the public or adjoining property ovneirs in regard to noise, litter, .and lb public health (vd6rg, eto..). 16 g. An egreesent to the satisfaction of the City Attorney to the effect that the residence will be 17 vacated and the property will be incorporated in 18 the resat therof the e.xpi at.i�rthelexi existinnt g g r•7f. j 19 PASSED AND ADOPTED at a egular meeting of the Planriin Commission of the City of Tustl , California, held on the 21n4 day ' 20 of November, 1976. 21 dA ! 3� 22 MMIRMAH 23 24I�$3CM RECOROLPIG SSC 15 i 26 28 li 29 i 30 31 32 Document Number, 2010000087532 Page: 7 of 8 125ASTREET (N) s 50 4 f I E{E 1 E I k� I v I I See following pages for property information I I i i I E House Backyard Jr _. L IMP Nelighbor's Hcl- it HlsHouse 4� k � l � V Wall and Planter ° 7r7 �i ° Gas Station/Store/Slee _ IV �,a� 000 Imagery 02017 Google,Map data 02017 Google 20 ft ATTACHMENT G LETTER FROM APPLICANT'S ATTORNEY TO CITY DATED NOVEMBER 14, 2017 i i �I i i PROCOPIO @9Procopk; 525 B Street Suite 2200 San Diego,CA 92101 T.619.238,1900 F.619.235.0398 JUSTINE K,NIELSEN P.619.906.5787 Justine.nielsen@prooDpio.com AUSTIN DEL MAR HEIGHTS PHOENIX SAN DIEGO SILICON VALLEY November 14, 2017 VIA E-MAIL Chairperson Ryder Smith and Members of the Planning Commission City of Tustin 300 Centennial Way Tustin, CA 92780 Re; Planning Commission Agenda Item No. 7 - CUP 2017-10, Design Review 2017-011 and Lot Line Adjustment 2016-03 Dear Chairperson Smith and Commissioners: We represent Mr. Berdj Keuylian/Berhour Holdings LLC, applicant in the above-referenced item and owner of the property located at 125 North "A" Street and 395 West First Street located in the First Street Specific Pian area of the City of Tustin ("Property"). Mr. Keuylian is proposing to amend the existing use permit to allow for restoration of an existing historic house and continued use of the house as a residence. For the reasons discussed below, we urge you to approve the CUP, Design Review and Lot Line Adjustment without Condition 2.3, which requires the house to be occupied by a low-moderate income family for 55 years. Background The Property consists of two legal lots with a historic residential house and a gas station/convenience store, as shown below. The house was built in the 1920s along with the development of the rest of the single-family residential block along North "A" Street. The house is integrated into the existing single-family neighborhood because it is physically separated from the gas station by a brick wall.The gas station is located on the corner of West First Street and North "A" Street and was originally constructed in 1977 pursuant to Use Permit 76-27. The Use Permit contained a requirement that the house be converted from residential to commercial use upon termination of the existing tenancy. For almost 35 years, this requirement was never enforced by the City of Tustin. plrocopio.com 9Procopid .................. i mlt Lip J1 W. FIRST STREET x� py In 2003, the City of Tustin listed the house as a historic resource in the 2003 Tustin Historical Resources Survey Update as a good example of Spanish Colonial Revival architectural style. When Mr. Keuylian purchased the Property in an auction proceeding in 2010, he was unaware of the restrictions contained in the 1977 Use Permit or of the historic nature of the residence.Shortly after he purchased the Property, Mr. Keuylian submitted permit applications to the City of Tustin for improvements to the existing gas station. During this process, he was made aware of the 1977 Use Permit requirement to convert the house from residential to commercial use. In early 2011, Mr. Keuylian asked for and received a five year extension of the Use Permit requirement pursuant to an executed and recorded Covenant and Agreement. Notably, Mr. Keuylian was not notified at that time that the house was listed as a historic resource. Earlier this year, Mr. Keuylian discovered the house was listed as a historic resource and requested the City allow him to maintain the residential use, consistent with the First Street Specific Plan Land Use Regulations which encourage preservation and use of historic homes for residential uses. In exchange, Mr. Keuylian agreed to invest significant resources to restore the residence to its original historic appearance and to clean up the underlying lot lines pursuant to a Lot Line Adjustment. However, the Community Development Department ("CDC") has requested that in 2 pmeopio,com �Trocopid addition to restoring the existing residence to its original historic appearance, Mr. Keuylian agree to encumber the Property with an affordable housing requirement that it be occupied by a low- moderate income family for the next 55 years (the "Affordable Housing Restriction"). Specifically,the CDC has recommended the following condition be included; ial The single-family home shall be occupied by a Low-Moderate income , family and shall be malntained 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 owner(s)lappkant(s) and the Director of Community Development. As discussed in more detail below, this condition is not required by law and lacks a nexus to the Impacts of the proposed development, is unnecessary, is unreasonably burdensome, and is unrelated to any additional public or private benefits, THE AFFORDABLE HOUSING RESTRICTION IS NOT REQUIRED BY LAW AND THERE IS NO NEXUS BETWEEN THE IMPACT OF THE DEVELOPMENT AND THE AFFORDABLE HOUSING RESTRICTION The Affordable Housing Restriction is not required by state law of local ordinance. Under state law, 15 percent of privately developed residential units within a redevelopment project area are required to be set aside as "affordable" units. Mr. Keuylian is not proposing to redevelop the Property to create additional residential units so this mandate does not apply. Moreover, unlike some jurisdictions, the City of Tustin does not have a local ordinance that mandates a certain percentage of privately developed units to be set aside as affordable similar to state law. The City of Tustin encourages the inclusion of affordable housing units in private residential development through the provision of incentives but it is not otherwise required. Therefore,the Affordable Housing l Restriction proposed by CDC is not required by law. Additionally, under California law, conditions of approval must be reasonable and there must j be a sufficient roughly proportional nexus between the conditions imposed and the projected impact of the proposed development.1 Here, it is unclear how the Affordable Housing Restriction is at all related to the proposed development. Mr. Keuylian is merely proposing to continue to use an existing residence as a legal, nonconforming residential use. As a result, there are no new impacts associated with the proposed development and the CDC has not identified any such impacts in the Staff Agenda Report or anywhere else in the record. Therefore, there is no nexus—let alone a roughly proportional nexus—between the Affordable Housing Restriction and the proposed development, as required by state law. 1 Nollan v. California Coastal Commission, 483 U.S. 825, 834-835 (1987); Dolan v. City of Tigard, 512 U.S. 374, 397 (1994). 3 procopio,com Mflprocopid THE AFFORDABLE HOUSING RESTRICTION IS UNNECESSARY.BECAUSE THE HOUSE ALREADY PROVIDES A BELOW-MARKET HOUSING OPTION We understand CDC is recommending the Affordable Housing Restriction because It wants to ensure the home remains affordable to future tenants. However, this Affordable Housing Restriction is unnecessary because the house is already offered at a below-market rental rate. Since Mr. Keuylian purchased the property in 2010, he has rented the two bedroom home for approximately $1,700 per month. The average rent for a 2-bedroom unit in the City of Tustin is approximately $2,200 per month.2 The below-market rate for the existing residence is due to several factors including the home's small size of approximately 900 square feet, its single bathroom, and its adjacency to a busy gas station. Further, in light of the home's historic status and use permit restrictions, significant modifications to the home to Increase its size or add bathrooms are infeasible and would not be allowed without the City's approval of an amendment of existing use permit. Therefore, the home is going to remain a below-market, lower cost housing option for tenants notwithstanding the inclusion of the Affordable Housing Restriction. i THE AFFORDABLE HOUSING RESTRICTION WOULD NOT RESULT IN ANY ADDITIONAL PUBLIC OR j PRIVATE BENEFITS Because the home is already offered to tenants at below-market rates and will remain below- market while it is used as a residence, the Affordable Housing Restriction will not result in any additional public benefits, Moreover, Mr. Keuylian will not benefit from any of the traditional incentives associated with implementing affordable housing restrictions. Pursuant to the City's Zoning Ordinance, a number of incentives are available to developers who elect to incorporate affordable housing restrictions into a portion of their project. For example, if a developer agrees to restrict 10 percent of the units in a housing development as affordable, it can receive a density j bonus to allow it to construct additional units and spread the costs of the affordable units over the entire project. The Zoning Ordinance also provides incentives and concessions In exchange for affordable housing restrictions. These incentives and concessions can include deviations to development regulations including parking reductions and increased building height as well as I approval of mixed use zoning. Mr. Keuylian will not benefit from any of these incentives because he is not proposing to redevelop the existing house or gas station. His "project" merely consists of an amendment to the existing use permit to allow for the continued residential use of the house and minor improvements to the existing gas station. THE AFFORDABLE HOUSING RESTRICTION IS UNREASONABLY BURDENSOME The Affordable Housing Restriction is unreasonably burdensome on Mr. Keuylian. As discussed above, Mr. Keuylian is not redeveloping the Property so he cannot he cannot offset the costs of implementing and maintaining the Affordable Housing Restriction (e.g., compliance with specific tenant application standards and income verification requirements). Additionally, the Affordable Housing Restriction will be an encumbrance on Mr. Keuylian's title and may impact his ability to finance or refinance the Property for the next 55 years. 2 Rent Trend Data In Tustin, CA, https://www.rentlungle.com/average-rent-fn-tustin-rent-trends/ 4 procoplo.com Mflprocopid For the reasons discussed above, we urge you to approve the CUP, Design Review and Lot Line Adjustment without the Affordable Housing Restriction because is not required by law and lacks a nexus to the impacts of the proposed development, is unnecessary, is unrelated to any additional public or private benefits, and is unreasonably burdensome. Verytruly y urs, ustine K. Nielsen I i I I i I e I II 4 I { i 5 procoplacom 3 ATTACHMENT H SUBMITTED PLANS AND LLA f i i Vicinity Map f�_ f..�, '.._':'� '• Prajecl T-, �. r eel ? y i d:, ti ��� �� r a :.�. Prsject Ad dress. l II � •` -- ��.� �J O e, ■ � _ t25N-Astreat yCA 82780, IIIrH PaAddress: I 01 • —— --_ x = I s. a r s� 375 W,First Stir fk ens x i ■ . r I I - _ .+ Tus in,cn 9273 5 1 j i I sy i lT I ¢ Historic photo of original residence Vie.v from EcAh side of looking towards residence VI^w from east side of pini iookinq lo•.vards residence P*operlY g {I _ A. � I N if [ 1 _ a , ----- ___ - Window Sill at 135 Yarba Street Yew-oro f'c- In A Street looking tavards readenre View from front of residence Site Plan - Historic Reference Photos [existing Photos_ _— Project data r SCA-E-1 Owner. Uerdj Keuylian Berhaur 14'1'a gs,LLC Patch and paint all plastered wells.�_ r Patch and paint all Mm. 18173 Wlndhill Way __ ----Remove fascia board 8 gutter.Repan and paint exposed rather tails. Santa Ana,CA 92705 2 x 6 D.F.railing cap screw to rail below col countersunk 4`., `!' C }_- a;;r -t.,,., Architect; 175E.Olive St. Inc. screws Round top edges Je ('I'' a� t ' ' I' f' R 145 e Olive St. ¢ ` `�"pti Oren9e,CA 9266E i I 2 x 4 O.F.screwed to top of post '. Alln[OougfiE Y 3958 I I wd(3)#10 x 3'wood screws ._ ''3r. yr .,, ,`C` �• - t Add I I ` 1 - _ 1 Address: 4x40-F.post pain) '. + yam . -� - :.:htb. Project Tustin.CA 927U F' - moo., -r�, -.. r TStreet t. - " - " Al 401-523-31 ZONE: SP-10 2x4 Bottom rail beyondYx t •y '"`:_ # Y,� •. _ EXISTING LOT AREA: 15,697 sq-0„ - Simpson A9W 44 at { �` - •`",t, „ s PROPOSED USE: No change to existing use �) t each post. -` yew - ?r ,,"' 5 OCCUPANCY GROUP; R-3 c .■g 5�" -3' � -3 CONSTRUCTION TYPE. v (E)Concrete patio ONO j• - y R V-B " °. ARKING- S: - C , ,. - �,. ' � ! � P (2)Oo- to parking spaces O,■ ): ,y'. .._ z -. ". -.. STORIES: (1)Story Exisfing v;7 • , , r �,r.., - - EXISTING AREAc E}Residence 879 sq.iL 3a Post at Patio Edge all �]Cresh Enaloauro 126 �, SCALE:1 472"= l'-q" - - - ° i i3 " n � (([ ommerdal Space 1,500 sq.ft. !_.I � ('� ..z g nI�9,. 1 � (No Change to Existing Area) �- s EXISTING FAR.: 2,507 sq.H.115,697 sq JI-.i6 PROJECT DESCRIPTION: Ths project indudes the hieb.6r restoration of features of the existing residence sa[hal it can coni as a residential grope .It is on the CHy of Tustin rty Hisloncal Surve in the s le of Spanish Colonial Rerrvaf and eras constructed in the pariod between 1920-1930.All modificalions will be compliant with the Secretary of the Interior's Standards for Historic Preservation. This project involves lha restoration of Ihe(odglnal eave and rake construction tgh ,, ,,. 'qy at.the exlsOn reof as well as the re lanement of 2 mndows at the street(rant of the residence wi hislodcaI'go woad doutale hung windows.The original sill design will also be restored.The front porch will have the exislnt miifng removed and have a - , • •' ^«- ,1,,,,n. -,� _ _ _ _ wood raiNng Installed Thal historically accurate far[he period and style of this c - i us w e a plying wi l uliding code requirements.The residence -�• - _ ` ,� will also have the 9xtermr repaint din tit (£)Concrete patio \ \ �Replace rallFngs with wood railings per detail � �-Patch(E)plaster&pafnt Replace(E)vinyl windows with divided file wood double hung windows. Compacted fill or concrete Recess windows in wall without Irim to restore original detail (E)Ccxlcone sidewalk 1=0' Wood sill to match historic photo attached -. 4 Typ. Porch Detail n Renderings of Proposed Changes _f SCALE 11r = r-o- DSUl Project Data, Vicinity Map, Site Plan 1455.01 Sk-i North A Street Kstoric Residence Omnga,CA y2666 T.714.659.3958 F:714.09.1744 Historic restoration dely®dsearchhecsrre.°or:, 125 N.A Street TJl GA 92780 f I�ECOFiyDli!l i R1 CatiESTED BY&lAfHE-d RECORDED MAIL TO: City of Tustin Community Development Department 300 Centennial Way Tustin,CA 92780 APPLICATION FOR ' LOT LINE rt1DJtlMENT No. 2016-03 RECORD OWNERS Parcel 1 Parcel 2 Name: Berhour Holdings, tom. Ail- . Address: 11803 Windmill Way Santa Ana, CA 9 705 Daytime Phone: Parcel 3 Parcel 4 Name: Address; Daytime Phone: (l/ We) hereby certify Haat 1. (1 am} we are) the record owner(s) of all parcels proposed for adjustment by this ap4n . lication 2.. (1/ we) have knovAedge of and consent to the filing of this application, 3, the information can coon with this application is true and correct. atures)of owner(s)of Parcel Z owized gnature(sj o ern el Print Marne:r_✓�'Y-� L�!'l' _._.,. Prim Mame; Notarized Signature(s)of osAmer(s)of Parcel 3 Notarized Signature(s)of owner(s)of Parcel 4 Print Flame: Print Name: Brum: F. Hunsaker, . 49-2.43-4645 CONTACT PERSON: P�S��.,_._ DAYTIME PHONE: 9 ADDRADDRESS: ' b. Box 4359 Costa, Mesa: E-MAIL: CA 92628 Bruce@HunsakerLS.com _ OFFICE USE ONLY DATE RECEIVED A.P.NUMBERS C£QA STATUS GENERAL PLAN DESIGNATION REVIEWED&APPROVED BY- ZONING DESIGNATION COMMUNITY DEVELOPMENT DIR. CITY ENGINEER DATE: �__ ___� DATE: EXHIBIT A',.. ::. ,.. ; .`.: : , ;: • . . LO?.L.INE.A,DJ�lSTfIAEl�FT 1�kQ: jkejaf Deis�riptiorts} 'EXISITINGa PARCEL :. _ :. PROPOSED PARCEL AP NUMBER ' '.' : : . REI=E1iENCE`f�WMBERS: ; Berhour ,oi�"rn ' s,, l .L. '401 .543 L£GA1.DESCRIPTION PARCEL 1 . f HAT G7^F THEN PARCEI '4F LA EE?EIV THE Cffl'OFTtISTINR C.OLIIVTY QF WRANGE,STATE OF-GAL1FdRNEA BEI N.ts ALL', : ' OF LOTS 1 AND 2 OF TRACT NO.3m7,AS PER MAP FELED IN BOOK 16, PAGI"'7,OF MESCELLANEOUS MAPS EN THE. eFFICE OF THE COUNTY Rt=CDRDEI OF SAID COUNTY,BEING MORE PAFRTIOUI-AKY DESCRIBED AS Fc)LWWS: : 9EGINNINGAT THE SOUE"HEA5. CORNER or SAID L{4T 1;TF}ENCE,fkl ONGASTERi Yl INE'QF ap,fI]E OT 9,. NORTH 00010 30-WEST,160.00 FE=ET TO THE NORTHEAST 00RNER OF SAID LOT 1; - TFEErNCE,ALbQ G THE;�NOATH�RLY.UN.E Q.F-SAIF]L-0' 1 R+N.€].LOT 2,SOIJT H$9`"46`30"V11EST,1 E9*Y TCS TNE' - NORTHWEST'CORNER OF$AWLOT 2; :. T'HE&CE,ALONG-THV WESTERLY ONE OF SAID LOT 2,SOUTH OW W EAST,'1.50,W T0 Tk• SOUTHWEST CORNER OF SAID LOT2, THErNCE✓,ALONG THE SOUT"HFRLY'LINE.OF"0 L.&2 AND COT'i,NORTH OW 463T}"EAST,149.41}"TO THE P01W OF. BEGINNING- :. THEHEREFNABO�lE bE$CEZIE3ED T?ARCF1 E3F LRjtO CAI TI INiNG'17,�1 p.Qa 5t11tAF2 1=EEfi,.M0,R, OR[E=SB, A6 EMOWN oN-E)kB'ETaE3"ATTA6HE'b HEREIQAWb I3Yt6i.3 EiEFERENGE MADE A PART HEk6F'. : E HEREBY STATE THAT THIS LE=GAL DE SCRIPTIQN WAS PREPAREQ BY ME•IIR'CINDER MY DIRECT Ek,PE} ViE§(ON'jE § THIRD DAY OFFFBRVARY °sr}, RVCV,F.: 11UE�i;SAKEiR` p BRUCE F. Ht3NSAKER,PLS 6921 MYLECEN.SEEXPIRES.#213112011& • 7 . .'LOTL{M�ADdUSTMEriT'NO; 20 6'0 . . .• - . - , ` . - •.• .(MAP}•• .. ,' ' ,'. .'. . , . EXIS NG PARCEL : PROPOSED PARCEL ','AO NUMBER 'R'EPkREM.C£NIJMB.£RS iiVSSRT MAP IM:AGS OF PA. ,F CEL. NOTE VERE iS AN AW86T'OR CflVF.NAMT Fla H4tA lHE ' w LAND AS ONE:PARCEL. Pa INSTRUMENT• PECOm AUGUST 3 AM 401 °0•; ;:: : 3Q,, 1977 IN BOOK 12558,'PAGE 559.• •AND MARCH IS. • .` r : ; : '201.1 AS INSTRUMENT NO, 2411—f32689. .ALL OF • ; Eu 989 46." OFFICIAL RECORDS'OF JMANGE COUNTY., CALIFORNIA, (55 al4°}.. (64.40'}; � 'THIS LLA 2018—f13 SUPERCE;E]ES THIS COVENANT, . . 59.40'. T'HtRE ARE CASEMENTS-Cr RECORD bI LjPI EAT EET ltfTO _ :2 :.. REFEWNCED ON THE UND RLYING MAPS €TR'THET... LOT LIN TO .' MY 8E oTHER -RECOROEfl FASEM£NTS .MkITHIN THE AREA - BE PEMOVED BEIM Ap,}tlSTELT THA€ ARE N4T SflGWN'.ON THIS . OOCLWNT THAT COl�.f1 Et�EU�ER SAID PARCELS. ; 17:914.04 HEFI£IN. :. . . . . . . ; -S9. PT, . . r . •. ., GROSS _.•. ,: : � O C SPANDREL' DE L} CATON ' rsi us ,n {ITL E RST. PARCEL 2 -PER BOOK cu ,c,• :: [}G3O, RACE 634,• Q,R:'. o DEDICATION Lar �' . "� "PARCEL-i PER BOOK ; • .'TR. TOO; 347. � "10633, . PAGE 634, : G.R: . • , C Q ' : ;• • -Mai. PER BOOK 68$, •.. .` ,f- e= 9O"03'oO``. PARC I LINE rCi . .PAGE 292,'. 0 R. R-27..00' _ . : + . &O.00'T •59.44`. all j55,OQ`} (64..40" M9'46`36'E .119,40', Flo. 2� CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1169 A notary public or other officer completing this certlflcate 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 Califor is ) County � of /� 02, On �. 0 2 �016 before me, !�• r9 �1'� �r�5 , ate / Here Insert Name and Title of e Officer personally appeared goV�- J f l4 YL" Oe > Nam (s) of Signe*) 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 heAeI+9/they executed the same in hi;-,�their authorized capacity(ies),and that by l /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. MARK w.MASTERS WITNESS my hand and official seal. wonARY F'lAKX-chaFOMA MISSION 0 21 ompw ORANag morry f' My e mm.Exp.April 11,2" Signature Signatur of tary Public Place Notary Seat 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 / ,t �;'� Al [i544 Title or Type of Document: c-A 0�f�N Document Date: Number of Pages: igner(s) Other Than Named Above: Capacity(lies) 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: ©2014 National Notary Association •www.Nationa]Notary.org•1-800-US NOTARY(1-800-876-6827) Item#5907 F= WHEN RECORDED MAILTO; Berhour Holdings, LLC 11803 Windmill Way Santa Ana, CA 92705 Attn. Bed Keuylian SPACE ABOVE THIS LINE FOR RECORDER'S USE MAIL 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 Califomia, described as follows: FOR LEGAL DESCRIPTION SEE EXHIBIT "A"ATTACHED HERETO AND MADE A PART HEREOF FOR THE FLAT SEE EHIBIT°B"ATTACHED HERETO AND MADE A PART HEREOF "THE GRANTORS AND GRANTEES IN THIS CONVEYANCEARE 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. 016-03. By:x �L By: er /K uylian Hou eu 1' Dated:__l T nCEIVED MAR 08 2011 COMMUNITY DEVELOPMENT BY: n t 1 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 CALIFORNIA COUNTY OF ORANGE On!/,gr�.r�, 7 &y_7__before me, 1i�91 c !% 's �'� , Notary Public personally appeared 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 (Seal) MARK W.MASTERS ROTARY PUBLIC•CALIFORNIA m COMMISSION 0 2103967 + • ORANGE COUNTY My comm.Exp,April 11,2019 ®[SON PROPERTY eounAaf IOTs APN40i 10 PROPeN7Y aownARY SHEET 1 OF 1 STHEETLI6HT Th P11UIN TO RfwA1N N6W F'OCE S89',WW-W 41440' 155.00') PRCPERTraalaoARY „� - 59AD LOT LINE ADJUSTMENT LLA 2016-03 ATT' BLOCx RI 7.74' BUILDING •I BALL ROTE BUYWALL IM I T0� I THERE IS Ak AGf1EEK1f7 IXi COVENANT Ta HOLOSINE LAND AS ONE PARCEL PER 1NSTRAENT RECORD AUGUST 30, 1977 IN EDDK 1235U PIS 9A. AND XA M AR CH 11. 2011 AS INSTRIHENT NO.2011-132EB9. ALL OF OFFICIAL NSR SIN9,E FAMILY a11g' RECORDS ff DUKE COUNTY, CALIFORNIA, YM.LTa' 125 NORTH STORY HERE A;F uwffALY1NG MPS OnS7HEFIE WY BE OOF RECORD THER PEEWDED EllexENTS INEATED AM REFEFENCED OWITHIN N THE 6111'ANCH�1 S' THE A7E4 KIM 0,M-rEa TkIT ARE NOT SHORN ON TH13 OOCUMENT THAT Ltd COLLO EN011RER E90 PACELS HEREIN. POW L �LL ILPLANipI 5L K X51 LL GRAPHIC SCALE 1'=10' CCI S a014CRETE ELOCW <X kALL ( O r a 10 zo sa u� PLA.yTER TAW TANK LW LIn WALL TITLE REPORT ITEMS: CLnB Q 8 1 3 THE FOLLOWING ITEMS ARE BASF-0 ON PRELIMINARY REPORT OnOER NUMDT9t jy RnrERtt eOUAMY 6uY ANpnH NHSC-5179167 PREPARED BY FIRST AMERICAN TITLE COMPANY DATED 1/27/17 u� To 1eMAm r AN 401{+2;131 I �1 caNCRE7E HCQ At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said X� I AEPftTlc 9,ESO.DO c1sE policy fa In would as fallOws: CONCRETE SO. FT. } ALrc LOT 2 TM.E 6ROSS 1- General and spec Z ial taxes and assessments for the fiscal year 2017-201a, a lien not yet due or Qu. REPORT I payable. 6 250.00 O o SO. FT, PARCEL B w 2. The lien of supplemental taxes. Sf any, assessed pursuant to Chapter 3.5 commencing with GROSS I TAM( Section 7S Of the California Ravanue antl Taxatl on Code. 9 aTY12 IQ LTO 3. An easement for highway purposes and incidental purposes, recorded November 26, 1926 in w < N4 95, Cat1CRE7E Mwc Book 669 of Deeds. Page 292, In Favor af: County of Drange 7TTLE Affects: As described therein REPOFrr SHOWN HEREON g 2S 29 Z. , w�INp PARCELA S 4. An easement for street, highway and Incidental purposes, retarded AFriI 09, 1973 as Book OANePr COPY IOB33, Page 634 of 0f fitie]Records. In Favor of: The City of Tustin, a Municipal Corporation Affects- As described therein CATTCH EAssDRAIx o N SHOWN HEREON gP Y 51 5. An agreement or covenant to hold land as one parcel recorded August 30, 1977 as Book 12358, PnLPDITY eaeaARx R APm LDrE Page 959 of Official Records. TR.LNo.2347 I e�E REvEfla 6. intentionally Deleted MN 15/7 g 7. Intentionally Deleted .TG, OAm I p S. The terms and provisions contained in the document entitled 'Agreement with Conditions of z REreRrr aouaAm ApprovalDiscretionary Permit Approval' retarded June 15, 2004 as Instrument No. 2Cd4-539339 1 cRACRCIE I CO91CIk1E 70 RE'NATN of Official Records. Affects: Parcel B 3 I 44.67' S. fntentianally Deleted { I I RZ STATION 10- Intentionally Deleted SERVILE suno[wd OKE I iOOD�ST. 1 ii. An agreement or covenant to hold land as one parcel retarded March 11, 2011 as Instrument No. 2011-132689 df Official Ricards. h 12. Intentionally Deleted s' ---' 13. Rights of the public in and to that portion of the land lying within any Road, Street, Alley or Highway. vAve'i� L-M2.4f' cAxreY ` MWA.LINB ale 14. Rights of parties in Possession. ",.. R-27.00' ASPHALTIC r 4 8959'3B' CONCRETE ^V ASRLVLnc COfICfETE taNaa fE CANOPY PROf4RY BWHeARY �TOSCALNRMU SPAFOTEL"DEDICATION PMCfi 2 Yo IEwAIN NQTT� PER D"iOP PAGE 534 O.R. ADA loop B1IYEVAY SIDDK SIfIE11A7JI DRIVEWAY LO'OEOIOATION PAPCEi 1 CAI4E1M1Y PEA aOaK 1CM PAGE 639 O.R. .-v — NATER NEIEA 098 L -- — —_—_—w_—_____— 4 50.00'w a9-40' 9TOtl1 DRAIN N89'46'30'E Ei9.AD' Em"401 7'IEDICAMIN PER YAL CATCH aASIN W, PAM 2920.11. JO'OELICATIDN PA E PER eOaO EO Pl_E44 0,A. PROPERTY Ate, 7.OED TION PER I HEREBY STATE THAT THSMPP AND THE SURVEY R REPRESENT WAS TO REMAIN a"Be PAGE 292 0.a- PREPARED BY ME OR UNDER MY DIRECT SUPERVISION- R REPRESENTS 1ANO FIRST STREET PRmY:F7Y aolAnAaY THE CONDRIONS OF THE SRE AT THE TIME OF THE SURVEY ONLY AND TO REA[x IS NOT TO BE WSCONSTRUED AS A CONSTRUCTION DOCUMENT. m Eq.W31/189 3/07/2017. No. 5921�F BRUCE F. HUNSAKER,LS. 5921 GATE OF CAIiF� CL FIRST SSfFET CL 601fIA1 A sT. BASIS OF BEARINGS-' BENCHMARK' PREPARED FOR-' PPEPA PED BY.- SITE PLAN — EXHIBIT "C" THE BEARINGS SHOWN HEREON ARE BASED ON THE EASTERLY RIGHT OF WAY ORANGE COUNTY SURVEYOR BENCHMARK SA-336-08 UNE OF NORTH A STREET AS SHOWN AS CALIFORNIA STREET ON MAP OF TRACT BEIla1R �, 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 NO.347,AS PER MAP FILED IN BOOK 15,PAGE 7 OF MISCEl1Al1E0U5 MAPS OF ELEVATION: 138.869 FT. NAVDBB LEVELED suis. IN THE OFFICE OF THE CLERK AND RECORDER OF ORANGE COUNTY CALIFORNIA ORANGE COUNTY CAUFORNA. BEING NOO'10'301Y 11808 WINDMILL WAY 4'M$ALUMINUM BENCHMARK DISK STAMPED-SA-336-06. SET IN THE SOUTHWEST CORNER SAITAAN&A WM OF A 8.0 FT X 4.0 FT.CATCH BASIN. MONUMENT IS LOCATED IN THE NORTHWEST PORRON LAND SURVEYING, INC. CIEEGKED 81-.. BFH I GRAN BN- 8Fk I SCALE: 1--f0'I OA7E OF STIRYEY-• MAY,2015 REWSE'0 DATE 3/07/2017 OFTHFIRST SNND FIRST sT. 42 FT. NORTH O STREET AND 66 FT. ST OiNTERSE0014 OF C. sr-F THE CENTERLFNE OF c.SSL,LEVEL w F THE E s1DE EAWALk, P.O.BOX 4360 COSTA MEG&CA 62828 FIRST 5T. AT NORTH A ST. TUSTIN, CA ATTACHMENT i RESOLUTION NO. 4351 i i I - I If k I f� f 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 Permit (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. In addition, any existing single family residential structure listed within the City's official historic survey is encouraged to be preserved and used as a residence, or preserved and used as a commercial 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 noticed on said application on November 14, 2017, by the Planning Commission. K. That on the afternoon of November 14, 2017, the Planning Commission and City staff received electronic mail correspondence from Justine K. Nielsen of Procopio, on behalf of the property owner and applicant, Berdj Keuylian/Berhour Holdings, requesting the Planning Commission approve the project without Condition of Approval 2.3 of Resolution 4351. Condition of Approval 2.3 requires the residence to be occupied by a low- moderate income family for a period of 55 years subject to a housing agreement. L. That the Planning Commission continued the Public Hearing to December 12, 2017, to allow sufficient time for staff to review and respond to the request to eliminate Condition of Approval 2.3. A duly noticed public hearing was held on December 12, 2017, by the Planning Commission. M. That the letter from Ms. Nielsen argues that: Resolution No. 4351 Page 3 1. That there is no nexus between the impact of the proposed development and the affordable housing requirement, and that condition 2.3 is therefore an unconstitutional exaction under cases such as Nollan v. California Coastal Commission (1987) ("Nollan"), 483 U.S. 825, and Dollan v City of Tigard("Dollan") (1994) 512 U.S. 374. 2. Condition 2.3 is unnecessary because the house is already providing below-market housing. 3. Condition 2.3 would not provide any additional public or private benefits. 4. Condition 2.3 is unreasonably burdensome, N. That the City Attorney has determined that condition 2.3 is justified under the circumstances of this application. Condition 2.3 is not an unconstitutional taking of the applicants' property. Condition 2.3 does not require the applicant to dedicate property to the City for a public improvement. Nor does condition 2.3 require the applicant to pay an in lieu fee. The condition merely requires that the applicant continue to do the very thing that justifies the application in the first place — continue to make the property affordable to low/moderate renters. O. That the existing house has historically provided housing to low/moderate income renters, and Condition 2.3 will ensure the house continue to do so in the future. Without Condition 2.3, the justification for allowing the nonconforming use that was required to be removed by previous CUP and Agreement to continue is lost. Condition 2.3 is the nexus that justifies the condition. P. That Condition 2.3 provides an obvious public benefit which is maintaining residential housing stock for low/moderate income renters for at least 55 years. Q. That Condition 2.3 does not impose an unreasonable burden on the applicant as the applicant has repeatedly stated, the property was rented at below market rates when the property was purchased in 2010 and ever since. There has been no justification offered for why the continuation of a condition that has existed since at least 1977 would cause'an undue burden to the applicant. Further, the November 14, 2017 letter from the applicants' attorney concedes that, because of its size, single bathroom and location, the house likely cannot be rented at market rates. R. That, as conditioned, the continuation of the residential use and structure will not, under the circumstances of this case, be detrimental to the health, Resolution No, 4351 Page 4 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. As it currently exists, the residential use constitutes a nonconforming use that was required to be removed but the owners failed to comply with the approved conditional use permit and subsequent extension agreement. 4. Despite the 1977 condition requiring the conversion of the house to a commercial use, and despite the applicant's 2010 written agreement to comply with the 1977 requirement by 2016, the applicant seeks to eliminate the 1977 requirement and maintain the residential use on the property. The applicant offered two basic justifications for this request: 1) the First Street Specific Plan favors the retention of historic structures; and 2) the house has continuously been used for low/moderate income families. 5. The property can be brought into conformance with applicable zoning regulations without destroying the historic character of the house by adaptive reuse of the existing structure. Thereby maintaining the residential use of the house is not necessary to achieve both the First Street Specific Plan's goal of preserving historic structures and the City's overall goal of eliminating nonconforming uses. 6. The house has historically provided housing to low/moderate income renters, and as conditioned, would continue to do so for a period of fifty-five (55) years guaranteed by a housing agreement, thereby justifies the continued use of the structure for housing. J 7. As conditioned, the existing residential use may remain residential I until such time as it is converted to a commercial use. 8. As conditioned, the applicant will be required to reimburse the City for costs associated with code enforcement, including attorney's Resolution No. 4351 Page 5 fees, to bring the property into conformance with Resolution 1574 (UP 76-27). 9. As conditioned, the City will be reimbursed by the applicant for costs associated with necessary code enforcement action, including attorney's fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. S. 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 i 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. i i T. That as conditioned, the LLA would be in conformance with the State Subdivision Map Act and TCC Section 9321 (Subdivision Code) in that: i 1. The proposal is eligible for processing as a lot line adjustment i 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 2017-03 and found it to be technically correct. i 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 Resolution No. 4351 Page 6 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; 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. U. 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 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 subject to a condition requiring that the dwelling remains affordable to low/moderate income renters for 55 years, 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. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 12th day of December, 2017. RYDER TODD SMITH Chairperson ELIZABETH A. BINSACK Planning Commission Secretary Resolution No. 4351 Page 7 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) 1, 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 12th day of December, 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 201710, DR 2017-011, LLA 2016-03 395 W. FIRST STREET/ 125 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) PC/CC 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: 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 Attorney. Prior to issuance of a building permit, the Housing Agreement shall be approved and executed by property owner(s)/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. Exhibit A Resolution No, 4351 CUP 2017-10, DR 2017-011 & LLA 2017-03 Page 4 (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 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 201603 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. I PLAN SUBMITTAL i (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 Plan (WRRP). I a. The applicant/contractor is required to submit a WRRP to the Public i 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. Exhibit A Resolution No. 4351 CUP 2017-10, DR 2017-011 & LLA 2017-03 Page 5 b. The applicant will be required to submit a $50.00 application fee and a cash security deposit. Based on the review of the submitted Waste Management Plan, the cash security deposit in the amount of five (5) percent of the project's valuation as determined by the Building Official, rounded to the nearest thousand, or $2,500, whichever is greater. In no event shall a deposit exceed $25,000. c. Prior to issuance of a permit, the applicant shall submit the required security deposit in the form of cash, cashier's check, personal check, or money order made payable to the "City of Tustin". 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 Califomia Environmental Quality Act could be significantly lengthened.