HomeMy WebLinkAbout05 DR 2018-00007 1461 GARLAND AVENUE r
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AGENDA REPORT �
MEETING DATE: APRIL 24, 2018
TO: PLANNING COMMISSION
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: DESIGN REVIEW 2018-00007
APPLICANT/ CHRISTINE COURSEN
PROPERTY P.O. BOX 4087
OWNER: TUSTIN. CA 52781
LOCATION: 1401 GARLAND AVE.
GENERAL PLAN: LOW DENSITY RESIDENTIAL (LDR)
ZONING: SINGLE FAMILY RESIDENTIAL (R1)
ENVIRONMENTAL: THIS PROJECT IS NOT SUBJECT TO CEQA PURSUANT TO
SECTION 15270 OF THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT.
REQUEST: A REQUEST TO STORE A RECREATIONAL VEHICLE ON THE
EXISTING RESIDENTIAL DRIVEWAY IN FRONT OF THE
ATTACHED GARAGE AND INSTALL A VINYL GATE ACROSS
THE DRIVEWAY TO SCREEN THE RECREATIONAL VEHICLE
FROM PUBLIC VIEW.
PC Report
April 24, 2018
DR-2018-00007
Page 2
RECOMMENDATION:
That the Planning Commission adopt Resolution No. 4364 denying Design Review (DR)
2018-00007 to authorize storage of a recreational vehicle (RV) within the required
backup area for an existing two-car garage and installation of a vinyl gate across the
existing driveway to screen a recreational vehicle stored in front of the garage from
public view, on a property located at 1461 Garland Avenue.
APPROVAL AUTHORITY:
Section 9272b of the Tustin City Code (TCC) gives the Community Development
Director the authority to review and approve design review applications. TCC Section
9299b allows the Community Development Director to forward a project to the Planning
Commission for consideration.
DISCUSSION:
Site and Location
The subject property is comprised of a 1,471 square-foot single family residence with an
attached 441 square-foot garage and located on a 7,200 square-foot lot within the
Single Family Residential (R1 ) zoning district. The residence was built around 1965
and annexed into the City in 1987.
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Figure 1 —Vicinity Map
PC Report
April 24, 2018
DR-2018-00007
Page 3
Uses surrounding the subject property are single family residential to the southeast,
southwest and northwest, and office uses to the northeast.
Background
On November 6, 2017, Code Enforcement staff issued a Notice of Violation for the
storage of a recreational vehicle on the residential property and in public view. The
property owner, in response to the November notice of violation, installed a portable
vinyl fence to screen the RV (See Figure 4).
On February 15, 2018, a Final Notice of Violation was issued to the property owner
regarding storage of a recreational vehicle and unauthorized portable vinyl fence. The
property owner was instructed to abate the violation by removing the recreational
vehicle and portable fence from the property. Temporary or portable fences are not
secured to the ground and can be detrimental to health and safety.
The property owner wished to contest this determination by proposing a permanent gate
to screen the RV and indicated that there is adequate area in front of the garage to
allow cars to access the garage.
Application
The applicant submitted three (3) proposed gate configurations, which are essentially the
same (Attachment D). The proposed gate configuration would have two (2) swing-out
panels that are twelve (12) feet wide for vehicles, and one (1) panel approximately three
(3) and one-half feet wide as a pedestrian gate (Figures 2 and 3). The property owner
indicated that her preferred configuration is the version with the pedestrian gate adjacent
to the garage, shown in Figure 2.
PC Report
April 24, 2018
DR-2018-00007
Page 4
Garland Ave.
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Figure 2—Submitted Site Plan
ANALYSIS:
TCC Section 9266c2. states that RV storage is permitted when located outside required
building setbacks, on a paved surface, and screened from public view. The required
setbacks for the subject property are twenty (20) feet from the front property line, and
five (5) feet from the side and rear property lines. The RV is approximately eight (8) by
twenty-two (22) feet in dimensions. Figure 3 was created to provide more context,
dimensions, and illustration of the proposed gate and RV storage.
TCC Section 9262b requires that off-street parking areas and access ways shall be
made permanently accessible, available, marked and maintained for the purposes of
temporary vehicle parking and access. TCC Section 9271 requires approval of a design
review for exterior modifications on private property.
PC Report.
April 24, 2018
DR-2018-00007
Page 5
Garland Avenue
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Figure 3 — Site Plan with RV Storage and Gate
The existing garage is a side-loaded garage with the roll-up door facing the side yard
instead of the street. This configuration requires twenty-five (25) feet backup distance
in front of the garage door to allow vehicles enough room to maneuver out of the garage
and onto the street (TCC Section 9267x6).
PC Report
April 24, 2018
DR-2018-00007
Page 6
The TCC requires a two-car garage for single family homes and the garage must be
clear of obstructions that would prevent vehicles from entering, parking and exiting the
garage.
Staff analyzed the proposal and determined that the RV storage would violate the TCC
in that the storage of the RV would encroach into the required back-up distance.and
prohibit access to the garage.
Variance Required
The proposed RV storage would necessitate a variance due to the proposed deviation
from the required backup distance for the garage. Although the property owner has
been informed about the need of a variance application, a request for a variance was
not submitted.
However, if a variance request was submitted, staff would not be in support the request
because the required findings cannot be made. Findings to approve a variance requires
that there are special circumstances regarding the property that would justify granting of
the variance and would not allow a special privilege to the subject property that other
similar properties do not already have. The proposed RV storage and gate would not
meet the criteria for grating a variance because of there are no special circumstances
applicable to property that would warrant the granting of a Variance for following
reasons:
1. The lot size is typical of any other lots in the neighborhood.
2. The lot shape is rectangular (not an irregular shape) and is typical in the
neoighborhood.
3. The topography is generally flat and there is no unique slopes or hillside
applicable to the property.
4. The building layout is similar to other houses in the neighborhood.
5. The situation is a self imposed hardship (personal circumstances), not a
condition particular to the property.
Approval of this variance would set a precedence for the R1 zoning district because the
circumstances of the property are common throughout the R1 zone.
Design Review
The explicit purpose of the proposed gate would be to the screen the RV. Since the
storing of the RV in the proposed location would not be allowed by the TCC, there is no
justification to approve the gate. The addition of gates and fencing would'also reduce
the ability for cars to maneuver in and out of the garage.
From a design review perspective, the proposed gate would essentially create a walled-
off property where the view of the single-family house is obscured by the gate. Figure 4
shows temporary vinyl fence panels in front of the applicant's RV and illustrates the
general appearance of the property if gates were installed on the driveway.
PC Report
April 24. 2018
DR-2018-00007
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Figure 4-Vinyl Fence on Driveway
High walls that obscure the view of the house from the street reduce the neighborhood
look and feel of being an inviting and engaging area. The proposed gate would not be
harmonious with the customary style of improvements in the surrounding area and
would impair the quality and desired general appearance of the neighborhood.
FINDINGS:
In determining whether to deny the Design Review for a vinyl gate for recreational vehicle
storage screening, the Planning Commission must determine whether it can be found that
the location, size, architectural features, and general appearance of the proposal will
impair the orderly and harmonious development of the area. the present or future
development therein, or the occupancy as a whole. A decision to deny this request may
be supported by the following findings:
1) That a vinyl gate across the driveway would create a closed-off look to the property
and impact the general welfare of the surrounding neighborhood. That single-
family properties in the area have low walls or no walls in front of the homes visible
from the public street.
2) That temporary and/or portable fencing is not appropriate for this property in that
the fence is not safe. has the potential of being blown over by winds, creates an
PC Report
April 24, 2018
DR-2018-00007
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undesirable aesthetic and generally detrimental to the health, safety and wellbeing
of a single family neighborhood.
3) That a variance would be required since the proposal includes a deviation from
the required back-up distance for a garage and results in prohibiting vehicular
access to the garage.
4) That if a variance request were submitted, the request would not qualify for
approval of a variance in that the property does not have special circumstances on
the subject property that deprive it of privileges enjoyed by other properties in the
vicinity and under identical zone classification. That the proposed RV storage and
gate would not meet the criteria for grating a variance because of the following
reasons:
a. The lot size is typical of any other lots in the neighborhood.
b. The lot shape is rectangular (not an irregular shape) and is typical in the
neoighborhood.
c. The topography is generally flat and there is no unique slopes or hillside
applicable to the property.
d. The building layout is similar to other houses in the neighborhood.
e. The situation is a self imposed hardship (personal circumstances), not a
condition particular to the property.
5) That approval of such a variance would set precedence for the R1 zoning district
because the circumstances of the property are common throughout the R1 zone;
therefore, the issue becomes no longer a question about a variance, but
rethinking the RV storage restriction on a citywide basis. Should this be a
desired outcome, an impact analysis city-wide would be appropriate.
6) That the explicit purpose of the proposed vinyl gate across the residential
driveway is to screen recreational vehicle storage. As proposed, the recreational
vehicle storage is not allowed by the TCC and therefore there is no need for the
proposed vinyl gate.
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Edmely e V. Hutter Elizabeth A. Binsack
Senior Planner Community Development Director
Attachments:
A. Location Map
B. Land Use Fact Sheet
C. Copies of Notices of Violation
D. Submitted Plans
E. Resolution No. 4364
ATTACHMENT A
Location Map
300' LOCATION MAP
1461 GARLAND AVE.
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ATTACHMENT B
Land Use Fact Sheet
LAND USE APPLICATION FACT SHEET
1 LAND USE APPLICATION NUMBER(S): DR-2018-00007
2. LOCATION: WEST OF NW CORNER OF RED HILL AVE. & GARLAND AVE.
3. ADDRESS: 1461 GARLAND AVE.
4. APN(S): 103-532-09
5. PREVIOUS APPLICATION RELATING TO THIS PROPERTY: NONE
6. SURROUNDING LAND USES:
NORTH: OFFICE SOUTH: RESIDENTIAL
EAST: RESIDENTIAL WEST: RESIDENTIAL
7. SURROUNDING ZONING DESIGNATION:
NORTH: PROFESSIONAL (Pr)
SOUTH: SINGLE-FAMILY RESIDENTIAL (R1_)
EAST SINGLE-FAMILY RESIDENTIAL (R1)
WEST: SINGLE-FAMILY RESIDENTIAL (R1)
8. SURROUNDING GENERAL PLAN DESIGNATION:
NORTH: PROFESSIONAL OFFICE SOUTH' LOW DENSITY RESIDENTIAL
EAST: LOW DENSITY RESIDENTIAL WEST: LOW DENSITY RESIDENTIAL
9. SITE LAND USE:
A EXISTING: RESIDENTIAL
B. PROPOSED: RESIDENTIAL WITH RECREATIONAL VEHICLE STORAGE
C GENERAL PLAN: LOW DENSITY RESIDENTIAL PROPOSED GP: NO CHANGE
D ZONING: R1 PROPOSED ZONING: NO CHANGE
DEVELOPMENT FACTS:
10. LOT AREA: 7200 SQUARE FEET (EXISTING)
11. PARKING- 2 GARAGE SPACES (EXISTING)
ATTACHMENT C
Copies of Notices of Violation
Community Development Department TUSTIN
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Sent by first class mail BUILDING OURT TUBE
HONORING OUR PAST
November 6, 201.7
Carl and Christine Coursen
P.O: Box 4087
Tustin, CA 9278.1-4087
SUBJECT: NOTICE OF VIOLATION/PRE-CITATION NOTICE--1461 GARLAND AVENUE
PARCEL# 1.03-532-09 CASE#V2017=0331
Dear Mr. and'Mrs. Coursen:
Recently, City staff observed a motor home being stored within the front yard at 1461 Garland
Avenue, which violates the following Tustin City Code(s):
Tustin City Code 9266(c)(2) Storage of a recreational vehicle is prohibited, except when
located outside of any required front, side, or rear yard setbacks, on a paved surface, and when.
fully screened from view from the public right-of-way and adjoining properties by a wall or fence
to a minimum height of six (6) feet and landscaping in a manner approved by the Community
Development Director. No habitation is allowed at any time.
Tustin City Code 9269_ Definitions.
Recreational Vehicle. A motorized or non-motorized vehicle 'that is intended for human.
habitation, recreational use, camping and travel use including-but not limited to a motor home,:
travel trailer, truck.camper, trailer(with or without motive power), all#errain vehicles, and boats.
You are hereby directed to remove the motor home, from the property or to store the
motor home in compliance with Tustin City Code 926.6(c)(2) °bv no later-than Sunday, _
November 19, 2017.
Failure to comply with this.notice within the time limit specified above may result in the issuance
of an administrative citation pursuant to TCC 1162(a) or further legal action (reference'Exhibit A
attached hereto for further information). Any person may appeal, any decislon of the
enforcement officer in accordance with.Tustin City Code 9294. If you need further clarification
or assistance with this matter, or if you believe that the violations indicated above may be
inaccurate, please contact me at (714) 673-3135.
300 Ccntennial Way,Tustin, CA 92780 o P; (714) 573-3100 .0 R. (714) 573-310 ® www.tustinca.org
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1401 Garland Avenue
November 6, 2017
V2017-0331
:Page#2
Sinc re ,
Bra St en
Code Enforcement Officer
Attachments: Exhibit A- Administrative Citation Information
Example diagram of front, side and rear setback areas
Tustin City Code 9220 (R1 Singte Family Residential District.Setbacks)
Community Development mens: DeP artment TUSTIN
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Sent by first class mai! �
February 15, 2018 H,SroRY W
BUILDING OUR FUTURE
HONORING OUR PAST
Carl and Christine Coursen
P.O. Box 4087
Tustin, CA 92781-4087
SUBJECT: FINAL.NOTICE OF VIOLATION — 1461' GARLAND AVENUE
PARCEL# 103-532-09 CASE#V2017-0331
Dear Mr. and Mrs. Coursen:
On November 6, 2017, you. were issued a Notice of Violation for the prohibited storage of a
motor home within the front yard, which resulted in an extension until December 31, 2017, while
you explored options with the Planning Division to install a fence, with a building permit, out of
the 'front yard setback to screen the motor home in -accordance with Tustin 'City Code
9266(c)(2).
However, to date, the motor home remains stored within.the front yard, only partially screened
from public view, which continues to violate Tustin City Code 9266(c)(2), along with an
unpermitted, portable six foot high vinyl fence, which requires a ,building permit and City
approval pursuant to 2016 California Building Code(Adopted by Tustin City Code 8100), section
105.1 and 114.
You are hereby directed to remove the unpermitted' portable vinyl fence_ and the motor
home from the property by no later than Sunday, February`25, 2018.
Failure to comply with this notice will result in the issuance of an administrative citation pursuant
to TCC 1162(a) or further legal action (reference Exhibit A attached hereto for further
information). Any person may appeal any decision of the enforcement officer in accordance with
Tustin City Code 9294. Should you have any questions, please contact me at (714) 573-3135.
Sincerely,
Br teen
Cod Enforcement Officer
Attachments: Exhibit A--Administrative Citation Information
Notice of Violation, dated 1116117
300 Centennial Way,Tustin, CA 92780 0 P: (714) 573-31'00 ® F: (714) 573-3113 www.tustinca.org,
ATTACHMENT D
Submitted Plans
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ATTACHMENT E
Planning Commission Resolution No. 4364
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RESOLUTION NO. 4364
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TUSTIN, DENYING DESIGN REVIEW 2018-00007, A REQUEST TO
AUTHORIZE THE STORAGE OF A RECREATIONAL VEHICLE WITHIN
THE REQUIRED .BACKUP AREA OF AN EXISTING TWO-CAR GARAGE
AND INSTALL A VINYL QATE ON AN EXISTING RESIDENTIAL
DRIVEWAY FOR SCREENING OF RECREATIONAL VEHICLE
STORAGE, ON A PROPERTY LOCATED AT 1461 GARLAND AVENUE.
The Planning Commission does hereby resolve as follows:
I. The Planning Commission finds and determines as follows:
A. That on November 6, 2017, a Notice of Violation was issued for the
subject property. That on February 15, 2018, a Final Notice of Violation
was issued for the subject property regarding recreational vehicle storage
and a temporary vinyl fence.
B. That a proper application for Design Review 2018-00007 was filed by
Chdstin Coursen, applicant and property owner, to request vinyl gate across
the existing residential driveway for recreational vehicle storage, located at
1461 Garland Avenue.
C. That the subject property is designated as Single Family Residential (R1) on
the City of Tustin Zoning Map.
D. That a,public meeting was duly called, noticed, and held for said application
on April 24, 2018, by the Planning Commission.
E. That the existing garage on the subject property requires a backup distance
of twenty-five (25) feet in front of the garage door. That the proposed
storage of a recreational-would encroach into the required` backup distance.
That such an encroachment would require a request for a variance from the
back-up distance requirement. That such a variance request was not
submitted by the applicant.
F. That in denying the Design Review for vinyl gate across an existing
residential driveway for recreational vehicle storage screening, the Planning
Commission must determine whether it can be found that the location, size,
architectural features, and general appearance of the proposal will impair
the orderly and harmonious development of the area, the present or future
development therein, or the occupancy as a whole. A decision to deny
this request may be supported by the following findings:
Resolution No. 4364
April 24, 2018
Page 2
1. That a vinyl gate across the driveway would create a closed-off
look to the property and impact the general welfare of the
surrounding neighborhood. That single-family properties in the
area have low walls or no walls in front of the homes visible from
the public street.
2. That temporary and/or portable fencing is not appropriate for this
property in that the fence is not safe, has the potential of being
blown over by winds, creates an undesirable aesthetic and
generally detrimental to the health, safety and wellbeing of a
single family neighborhood.
3. That a variance would be required since the proposal includes a
deviation from the required back-up distance for a garage and
results in prohibiting vehicular access to the garage.
4. That if a variance request were submitted, the request would not
qualify for approval of a variance in that the property does not
have special circumstances on the subject property that deprive it
of privileges enjoyed by other properties in the vicinity and under
identical zone classification. That the proposed RV storage and
gate would not meet the criteria for grating a variance because
of the following reasons:
a. The lot size is typical of any other lots in the
neighborhood.
b. The lot shape is rectangular (not an. irregular shape) and
is typical in the neoighborhood.
c. The topography is, generally flat and there is no unique
slopes or hillside applicable to the property.
d. The building layout is similar to other houses in the
neighborhood.
e. The situation is a self imposed hardship (personal
circumstances), not a condition particular to the property.
5. That approval of such a variance would set precedence for the
R1 zoning district because the circumstances of the property
are common throughout the R1 zone; therefore, the issue
becomes no longer a question about a variance, but rethinking
the RV storage restriction on a citywide basis. Should this be a
desired outcome, an impact analysis city-wide would be
appropriate.
6. That the explicit purpose of the proposed vinyl gate across the
residential driveway is to screen recreational vehicle storage.
Resolution No. 4364
April 24, 2018
Page 3
4
As proposed, the recreational vehicle storage;is not allowed by
the TCC and therefore there is no need for the proposed vinyl
gate.
G. That this project is not subject to CEQA pursuant to Section 15270 (Projects
which are disapproved) of the California Environmental Quality,Act.
11. The Planning Commission hereby denies Design Review 2018-00007, a request
for authorization to store a recreational vehicle within the required backup area of a
two-car garage and install a vinyl gate across an existing residential driveway for
recreational vehicle storage screening.
PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular
meeting on the 24th day of April, 2018.
Chairperson
ELIZABETH A. BINSACK
Planning Commission Secretary
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning
Commission Secretary of the Planning Commission of the City of Tustin, California; that
Resolution No. 4364 was duly passed and adopted at a regular meeting of the Tustin
Planning Commission, held on the 24th day of April, 2018.
ELIZABETH A. BMACK
Planning Commission Secretary