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HomeMy WebLinkAboutPC RES 4351 RESOLUTION NO. 4351 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 2017-10, DESIGN REVIEW 2017-011 AND LOT LINE ADJUSTMENT 2016-03 TO MODIFY USE PERMIT 76-27 TO REMOVE PARTIAL CONDITION OF APPROVAL 2G FROM RESOLUTION NO. 1574 TO AUTHORIZE CONTINUED RESIDENTIAL USE OF THE RESIDENTIAL STRUCTURE AT 125 NORTH "A" STREET, RETURN THE RESIDENTIAL STRUCTURE TO ITS HISTORIC CONDITION AND TO COMBINE TWO (2) LOTS INTO ONE (1) PARCEL ON PROPERTY LOCATED AT 125 NORTH "A" STREET AND 395 WEST FIRST STREET The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That proper application for Conditional Use 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. Resolution No. 4351 Page 2 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 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 Procoplo, 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. Resolution No. 4351 Page 3 M. That the letter from Ms. Nielsen argues that: 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. Resolution No. 4351 Page 4 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, 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. 7. As conditioned, the existing residential use may remain residential until such time as it is converted to a commercial use. Resolution No.4351 Page 5 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 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 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. T. That as conditioned, the LLA would be in conformance with the State Subdivision Map Act and TCC Section 9321 (Subdivision Code) in that: 1. The proposal is eligible for processing as a lot line adjustment pursuant to Section 66412(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. 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 Resolution No. 4351 Page 6 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; and, 8. The proposed use, as conditiioned, 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/ ehab i I it�ation), 11. 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/rnoderate 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 12t" day of December, 2017. 41 RYDER TODD SM,ITH 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 11 am the Planning Commission Secretary of the City of Tustin, California; that Resolution No., 4351 was duly passed and ad'opted at a regular meeting of the Tustin, Planningi Commission, held on the 12th day of 'December, 2017. PLANNING COMMISSIONER AYES: Kozak, Luml)ard, Mason, Smith, Thompson (5) PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: ('-'E0ZAbETI A. BINSACK Planning Commission Secretary EXHIBIT A CONDITIONS OF APPROVAL CUP 2017-10, DR 2017-011, LLA 2016-03 396 W. FIRST STREET 1125 NORTH "A" STREET GENERAL (1) 1.1 The proposed project shall substantially conform with the Tustin City Code (TCC) and Tustin guidelines and standards and be consistent with submitted plans for the project date stamped November 14, 2017, on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. The Director of Community Development may also approve subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the TCC or other applicable regulations. (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified, subject to review and approval by the Community Development Department. (1) 1.3 This approval shall become null and void unless the use is established within twelve (12) months of the date of this Exhibit. Time extensions may be granted if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.4 Approval of Conditional Use Permit (CUP) 2017-10 and Design Review (DR) 2017-011 is contingent upon the applicant and property owner signing and returning to the Community Development Department a notarized "Agreement to Conditions Imposed" form and the property owner signing and recording with the County Clerk-Recorder a notarized "Notice of Discretionary Permit Approval and Conditions of Approval" form. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENTS (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODEIS (7) 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 2016-03 and the deed reflecting LLA 2016-03 is not recorded with the Recorder's Office of Orange County, California within forty five (45) days of the date this approval. (1) 2.8 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney's fees. All enforcement costs incurred to date shall be paid to prior to issuance of building permits or certificate of occupancy. PLAN SUBMITTAL 1 3.1 At the time of building permit application, the plans shall comply with the � ) 9 P PP � � P PY 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). a. The applicant/contractor is required to submit a WRRP to the Public Works Department. The WRRP must indicate how the applicant will comply with the City's requirement (City Code Section 4351, et al) to recycle at least sixty-five (65) percent of the project waste material or the amount required by the California Green Building Standards Code. 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 California Environmental Quality Act could be significantly lengthened.