HomeMy WebLinkAbout04 CUP 08-015/DR 08-008ITEM #4
Report to the
Planning Commission
DATE: NOVEMBER 12, 2008
SUBJECT: CONDITIONAL USE PERMIT 08-015 AND
DESIGN REVIEW 08-008
APPLICANT/ MICHAEL J. FERGUSON
PROPERTY 445 W. SECOND STREET
OWNER: TUSTIN, CA 92780
LOCATION: 445 WEST SECOND STREET
TUSTIN, CA 92780
TUST[N
ZONING: SINGLE FAMILY RESIDENTIAL (R-1 ),
CULTURAL RESOURCES OVERLAY DISTRICT (CR)
GENERAL PLAN: LOW DENSITY RESIDENTIAL
ENVIRONMENTAL THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 3)
STATUS: PURSUANT TO SECTION 15303 OF THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
REQUEST: AUTHORIZATION FOR A NEW TWO-STORY DETACHED
ACCESSORY BUILDING TO BE USED AS A GUEST HOUSE
AND GARAGE
Planning Commission Report
November 12, 2008
CUP 08-015 and DR 08-008
Page 2
That the Planning Commission adopt Resolution No. 4105, approving Conditional Use
Permit (CUP) 08-015 and Design Review (DR) 08-008 authorizing the construction of an
accessory building to be used as a guest room above a new two-car garage located at 445
W. Second Street subject to further architectural enhancement to the final design to be
provided at plan check.
BACKGROUND
Pursuant to Section 9223b2 of the Tustin City Code (TCC), accessory buildings used as
guest rooms where no cooking facility is installed or maintained are a conditionally
permitted use in the R-1 zoning district. On May 17, 1982, the Planning Commission
adopted Resolution No. 2030 approving Use Permit 82-008, authorizing Mr. Ferguson
to build a 1,904 square foot two-story accessory building to be used as a garage and
guest room (952 square feet garage and 952 square feet guest room above the
garage). However, the project was never implemented, and pursuant to TCC Section
9293b, any use permit granted shall be null and void if not used within one (1) year from
the date of the approval thereof. Consequently, Use Permit 82-008 expired in 1983.
Additionally, Design Review is required for new construction to ensure that new uses
and structures enhance their sites and are harmonious with the highest standards of
improvements in the surrounding area and total community (TCC 9272).
DISCUSSION
Site and Surroundings
The project site is located in Old Town Tustin, within the Cultural Resource Overlay
District, on Second Street between "A" Street and Pacific Street (Attachment A -
Location Map). The purpose of the overlay is to enhance the visual and aesthetic
character of the City and ensure that new construction in the CR district is compatible
with the character of the district. A Certificate of Appropriateness is required for the
alteration of the exterior features of a building, or construction of improvements within a
designated Cultural Resource District requiring a City building permit and the project will
be subject to the required criteria and findings.
Planning Commission Report
November 12, 2008
CUP 08-015 and DR 08-008
Page 3
Surrounding properties of the project site are single family residential uses that are also
located within the R-1 Zoning District with the exception of a medium density Planned
Development (PD) residential complex directly to the north of the project site.
Project Site
Exisfing Project Site
The project site is a 10,000 square foot lot in the residential district of Old Town Tustin.
The site is currently improved with a one and a half story, 1,614 square foot single
family residence. The existing main house was built circa 1895 in the Victorian-Queen
Anne architectural style. The property is listed on the City's Historical Resources
Survey with a "B" rating, which signifies that the building is generally well designed and
may have a relationship to important events or persons in history. The Historical
Resources Survey Report (Attachment B) on the subject properky explains that the
property is significant because it represents a good example of a Victorian style home
built in Tustin before the turn of the century. Distinctive exterior features include shiplap
siding and fish scale shingles on the facade, molded double-hung windows, and carved
wooden brackets at the eave lines.
Project Proposal
The proposed structure is a two-story, 1,904 square foot detached garage and guest
house. A 952 square foot two-car garage is proposed at the ground floor and the
proposed guest quarters will occupy the 952 square feet of living space at the second
story (Attachment C -Submitted Plans). The proposed development appears to meet
zoning code development standards in terms of height, lot coverage, and setback
requirements.
Planning Commission Report
November 12, 2008
CUP 08-015 and DR 08-008
Page 4
The proposed structure would be situated to the rear of the property 91.5 feet from the
front property line and set back eleven feet six inches (11'-6") behind the existing house.
An existing block wall, in line with the front of the main structure, and mature
landscaping in the front yard will screen most of the structure from the street. However,
the structure will be likely be visible to the surrounding properties.
Proposed Garage and
Guest Room
Proposed Sife Plan
Currently, no garage exists on the property and cars have been parked on the unpaved
portion of the lot, although parking on unpaved surface is a violation of the Tustin City
Code. The photographs on the following page show the condition of the site with
vehicles parked on the unpaved surface. In early 2008, a code enforcement notice was
issued in response to complaints received by the Community Development Department
regarding violations of driveway maintenance, unpermitted canopy structures, and using
a single family residential lot as a vehicle storage yard. The case remains open and is
currently with the City Attorney's office, while the progression of Mr. Ferguson's
application to build a garage is considered a good faith effort to rectify the matter.
Planning Commission Report
November 12, 2008
CUP OS-015 and DR 08-008
Page 5
Existing Site Condition
Architecture
The proposed guest house/garage is designed in a rectangular structure with identical
first and second floor outlines (Attachment B -Submitted Plans). The second story is
neither set back nor projecting over the first story, creating a straight vertical plane on all
sides. An exterior staircase on the east elevation and window hoods on the west and
south elevations are the only architectural projections on any of the building facades.
The proposed building is clad in horizontal wood siding and trim to match the existing
residence, as noted on the submitted plans. The applicant has indicated that the wood
for the new structure will be redwood milled to match the existing materials. The
submitted paint colors are "Cameo White" for the siding and "Somerville Red," "Marlboro
Blue," and "Simply White" for the trim pieces, to be consistent with the existing
residence. The main structure features a steeply pitched roof, as is typical in the Queen
Anne Victorian style. However, the roof of the proposed structure is a slightly gambrel
roof in order to accommodate the necessary clearance far two floors and remain within
the 20 foot height limit for accessory structures. The steeper portion features a 4:12
pitch, and the shallower upper roof features a slope of 1:12. The proposed roofing
material is asphalt shingle to match that of the existing home, and built-up roofing at the
upper roof due to the minimal slope.
Proposed Accessory Structure
Planning Commission Report
November 12, 2008
CUP 08-015 and DR 08-008
Page 6
Staff has worked with the applicant and provided comments regarding the proposed
design of the accessory structure, and believes that there should be additional
articulation on the facades. While the applicant has addressed some of the comments,
such as adding window hoods, the mass of the structure consists of flat planes. As
mentioned above, the applicant indicated the height limitation in the Tustin City Code
limits the roof design to gambrel roof to achieve a full second floor height. However,
staff believes that the roof pitch and design of the proposed structure could match the
existing home and still comply with the height requirement by using hip or gable roof
enveloping the second floor area.
At this time, staff does not believe that the proposed architecture of the structure is
completely consistent with the requirements of the Cultural Resource Overlay District or
the recommendations set forth in the Cultural Resource District Residential Design
Guidelines. Therefore, in an effort to expedite the project, staff is recommending
approval of the Design Review with a condition that further architectural enhancements
are provided for the final design. Potential Condition 3.2 has been proposed to require
the applicant to provide further architectural detail and condition variation to the
structure, to be reviewed and approved during the plan check process. Staff will
continue to work with the applicant and the applicant's architect to ensure that the final
design is consistent with the main structure and appropriate for the CR district.
Similar non-descript, bulky accessory structures have been constructed in the Old Town
residential district in recent years, potentially undermining the character of surrounding
buildings and the district at large. The photographs below show examples of two-story
additions to single-story homes in Old Town with a lack of integration into the existing
context.
Examples of incongruous two-story additions
Planning Commission Report
November 12, 2008
CUP 08-015 and DR 08-008
Page 7
Guest House/Room
TCC Section 9297 defines "guesthouse" as "detached living quarters of a permanent
type of construction and without kitchens or cooking facilities and where no
compensation in any form is received or paid." The guest room facility is proposed to
be conditioned to remain as a guest room and shall not become a separate unit nor
shall the building be rented or leased. Proposed Condition 2.1 of Resolution No. 4105
requires the applicant to record a deed restriction to restrict the accessory building from
being used as a second residential unit and that no cooking facility may be installed or
maintained in the guest room. No additional parking is required for guest rooms, since
they are not intended as second dwelling units.
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FINDINGS
In determining whether to approve the Conditional Use Permit, the Planning
Commission must determine whether or not the proposed specialty retail use will be
detrimental to the health, safety, morals, comfort, and general welfare of the persons
residing in or working in the neighborhood or whether it will be injurious or detrimental to
property or improvements in the vicinity or to the welfare of the City. A decision to
approve this request may be supported by the following findings:
A. That the establishment, maintenance, or operation of the project will not, under
the circumstances of the use, be detrimental to the health, safety, morals,
comfort, and general welfare of the persons residing or working in the
neighborhood or injurious or detrimental to property and improvements in the
neighborhood or the general welfare of the City in that:
1) The use and design of the proposed accessory structure, as conditioned,
would not be detrimental to surrounding properties in that the proposed
structure will comply with all applicable development standards of the R-1
zoning district and Cultural Resources Overlay District.
Planning Commission Report
November 12, 2008
CUP 08-015 and DR 08-008
Page 8
2) The use, as conditioned, would not be detrimental to surrounding
residents or properties since the use would be limited to a garage and
guest room which are accessory to asingle-family residence and will be
used by the residents in conjunction with the main residence, The
property owner would not be permitted to lease or rent the accessory
guest quarters or construct a kitchen or cooking facilities,
3) The design of the accessory building, as conditioned, ensures that it will
be accessory to the main residence by appearing to be a garage structure.
The placement of the building is consistent with the predominant land use
pattern in the area of single-family residences with detached garages. In
addition, the design of the accessory building, with additional
enhancements as conditioned, will be consistent with the style of the
existing main residence.
4) The accessory building is located in the rear portion of the property and
over ninety feet from the front property line along Second Street. The
structure is scarcely visible from the public right-of-way due to the setback
and screening provided by an existing block wall, mature landscaping, and
the main structure.
B. Pursuant to Section 9272 of the Tustin Municipal Code, the Planning Commission
finds that as conditioned, the location, size, architectural features, and general
appearance of the proposed development will not impair the orderly and
harmonious development of the area, the present yr future development therein, or
the occupancy as a whole. In making such findings, the Commission has
considered at least the following items:
1. Height, bulk, and area of buildings: The proposed structure meets development
standards regarding height and lot coverage of accessory structures.
2. Setbacks and site planning: The proposed building is setback over 90 feet from
the front property line, will not be highly visible from the street, and is in
compliance with the development standards of the R-1 zoning district.
3. Exterior materials and colors: The exterior materials and colors of the accessory
structure, as conditioned, will be consistent with the main structure.
4. Type and pitch of roofs: The roofing material of the accessory structure shall
match that of the existing structure. The roof pitch of the accessory structure
has been designed in a manner dissimilar to that used on the main house to
stay within the 20 foot height limit for accessory structures.
5. Size and spacing of windows, doors, and other openings: The proposed
windows and doors are regularly shaped and spaced, and feature trim to match
the existing house.
Planning Commission Report
November 12, 2008
CUP OS-015 and DR 08-008
Page 9
6. Physical relationship of proposed structures to existing structures in the
neighborhood: The placement of a detached accessory building such as a guest
house or garage is consistent with the development pattern in the residential
district of Old Town Tustin.
Appearance and design relationship of proposed structures to existing
structures and possible future structures in the neighborhood and public
thoroughfares: As conditioned, the design of the proposed structure will be
consistent with the main house on the property and other historic structures
throughout the Old Town residential district. By virtue of its location on the lot,
the new structure will not be highly visible from the public right-of-way.
8. Development Guidelines and criteria as adopted by the City Council: The
project, as conditioned, will be made consistent with the required findings for
issuance of a Certificate of Appropriateness as follows:
(a) The proposed work conforms to the Municipal Code and established
design standards.
(b) The proposed work does not adversely affect the character of the district
or Designated Cultural Resources within the district.
(c) The proposed work will be harmonious with the existing surroundings in
terms of appropriateness of materials, scale, size, height, placement
and use of a new building in relationship to existing buildings and the
surrounding setting.
ENVIRONMENTAL ANALYSIS
The project is categorically exempt pursuant to Section 15303 (Class 3) of the California
Environmental Quality Act. Class 3 exempts the new construction or conversion of small
structures including accessory structures such as garages, carports, patios, swimming
pools, and fences,
~9'~
Reins Kapadia
Associate Planner
Elizabeth A. Binsack
Director of Community Development
Attachments
A. Location Map
B. Historical Resources Survey Report (excerpt 445 W. 2"d St.)
C. Submitted Plans
D. Land Use Application Fact Sheefi
E. Planning Commission Resolution No. 4105
ATTACHMENT A
Location Map
LOCATION MAP
PROJECT NO.: CUP 08-015, DR 08-008
ADDRESS: 445 W. SECOND ST.
(TWO-STORY GARAGE/GUEST HOUSE ACCESSORY STRUCTURE)
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ATTACHMENT B
Historical Resources Survey Report
(excerpt 445 W. 2nd St.)
ADDRESS:
445 2ND ST (W.)
DATE:
ca. 1845
STYLE:
VICT. - QIJEEN ANNE
SOURCE: RATING:
E B
ALTERATIONS: ;,h.•
M -
iiISTORICAL DISTRICT: '"'
YES
COMMENT: -~ ; . 7-
_~ .~_. .
C7
DESCRIPTION:
Narrow shiplap siding, fishscale shingles in the gable and the design of the two front-facing gables indicate an 1890's
construction date for this 1 and 1/2 story Victorian. Trim boards cover the corners of the shiplap. The roofscape features cross
gables, with a taller front-facing gabled roof, visible above the intersecting ell-shaped gabled roof at the front The front gable
contains a louvered vent, while the east and west gables feature a pair of small doublo-hung windows, addeed at a later date. The
fishscale-clad dormer of the highest gable is centered with a small stationary window, flanked by recessed wood panels. A large
gabled dormer, with enclosed eaves and a pair of original double-hung windows is located on the west side. A plain frieze, with
elongated carved wooden brackets, borders the ease line. The fanciful 1890"s chimney has a complicated pattern with sections of
various widths and heights. The original turned posts support the porch roof. There is no railing. The front door, which features
a horizontal window, at eye Ievel, a horizontal recessed panel above and below the window, $od a pair of vertical panels is the
bottom third, is typical of the 1890'x. A doorway in the east fact of the front wing has been covered over the wood. Tall, narrow
double-hung windows, with molding at the top of the lintel, are original. The large glate glass window and transom in the center
of the front wing was probably added about 1905. A low slumpstone wall borders the front sidewalk. The parcel is large, with an
extra lot on the west side. This house is' significant' because it is a good example of the type of Victorian home built in Tustin
prior to the turn of the century.
CTlSNTFT(` A Nf R.~
Arthur E. Bennett (owner 1897-1915) was an early fumigator, an orchardist, an the superintendent of the Tustin Presbyterian
Chnreh Sunday School. His wife, Richtje was the daughter of Peter Vandermuelen, a local orchardist. They were both active in
the community. Byron "Barney" Crawford (owner 1915-1943) was Tustia's first mayor, serving from 1927 to 1932, when he
retired from public office. Professionally, he was the manager of the Tustin Hills Citrus Association Packing house. The
Victorian architecture and connections with persons significant to Tustin history mazk this house as one of above average
importance to the community.
ATTACHMENT C
Submitted Plans
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ATTACHMENT D
Land Use Application
Fact Sheet
LAND USE APPLICATION FACT SHEET
1. LAND USE APPLICATION NUMBER(S): CUP 08-015 & DR 08-008
2. LOCATION: OLD TOWN TUSTIN 3. ADDRESS: 445 W. SECOND ST.
4. LOT: 5 TRACT: 10281 5. APN(S):401-361-10
6. PREVIOUS OR CONCURRENT APPLICATION RELATING TO THIS PROPERTY: USE
PERMIT 82-008 (EXPIRED)
7. SURROUNDING LAND USES:
NORTH: MULTIPLE FAMILY RESIDENTIAL SOUTH: SINGLE FAMILY RESIDENTIAL
EAST: SINGLE FAMILY RESIDENTIAL WEST: SINGLE FAMILY RESIDENTIAL
8. SURROUNDING ZONING DESIGNATION:
NORTH: PD SOUTH: R-1 EAST: R-1 WEST: R-1
9. SURROUNDING GENERAL PLAN DESIGNATION:
NORTH: MEDIUM DENSITY RESIDENTIAL SOUTH: LOW DENSITY RESIDENTIAL
EAST: LOW DENSITY RESIDENTIAL WEST: LOW DENSITY RESIDENTIAL
10. SITE LAND USE:
A. EXISTING: SINGLE FAMILY RESIDENCE
B. PROPOSED: SINGLE FAMILY RESIDENCE WITH GARAGE/GUEST HOUSE
C. GENERAL PLAN: LOW DENSITY RESIDENTIAL D. ZONING: R-1
PROPOSED GP: NO CHANGE PROPOSED ZONING: NO CHANGE
DEVELOPMENT FACTS:
11. LOT AREA: 10,000 S.F. 0.23 ACRES
12. BUILDING LOT COVERAGE: 30% OF REAR YARD MAX. PERMITTED 29% PROPOSED
13. PARKING: 2 CAR GARAGE PER DWELLING REQUIRED
2 CAR GARAGE PROPOSED
14. BUILDING HEIGHT: 20' MAX 20' PROPOSED
15. BUILDING SETBACKS: REQUIRED PROPOSED
FRONT: 50' 91.5'
SIDE: 5' S'; 34'
REAR: 5' 5'-1"
16. OTHER UNIQUE CONDITIONS ASSOCIATED TO THE PROPERTY (I.E. SPECIAL STUDY
ZONES, EASEMENTS, ETC.) CULTURAL RESOURCES OVERLAY DISTRICT (CR); STORM
DRAIN AND SEWER EASEMENTS
Forms:LandUseApplicationFactSheet
ATTACHMENT E
Resolution No. 4105
RESOLUTION NO. 4105
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TUSTIN, APPROVING CONDITIONAL USE
PERMIT 08-015 AND DESIGN REIVEW 08-008
AUTHORIZING THE CONSTRUCTION OF A NEW TWO-
STORY DETACHED ACCESSORY BUILDING TO BE
USED AS A GUEST HOUSE AND GARAGE, LOCATED
AT 445 WEST SECOND STREET.
The Planning Commission does hereby resolve as follows:
The Planning Commission finds and determines as follows:
A. That a proper application for Conditional Use Permit (CUP) 08-015 and
Design Review (DR) 08-008 was filed by Michael Ferguson, property
owner, requesting authorization to construct a 1,904 square foot accessory
building to be used as a guest room and garage.
B. That the site is designated as Low Density Residential by the City General
Plan and is zoned as Single Family Residential (R-1) and located within the
Cultural Resources Overlay District (CR). The project is consistent with the
Air Quality Sub-element of the City of Tustin General Plan.
C. That pursuant to Section 9223b2 of the Tustin City Code (TCC), accessory
buildings used as guest rooms where no cooking facility is installed or
maintained are a conditionally permitted use in the R-1 zoning district.
D. That on May 17, 1982, the Tustin Planning Agency adopted Resolution No.
2030 approving Use Permit 82-008 authorizing a 1,904 square foot two-
story accessory building to be used as a garage and guest room. Pursuant
to TCC Section 9293b, any use permit granted shall be null and void if not
used within one (1) year from the date of the approval thereof. Since the
project was never implemented, Use Permit 82-008 is determined to be
null and void.
E. That a public hearing was duly called, noticed, and held for Conditional
Use Permit 08-015 on November 12, 2008, by the Planning Commission.
F. That the establishment, maintenance, or operation of the project will not,
under the circumstances of the use, be detrimental to the health, safety,
morals, comfort, and general welfare of the persons residing or working in
the neighborhood or injurious or detrimental to property and improvements
in the neighborhood or the general welfare of the City in that:
1) The use and design of the proposed accessory structure, as
conditioned, would not be detrimental to surrounding properties in
that the proposed structure will comply with all applicable
Resolution No. 4105
Page 2
development standards of the R-1 zoning district and Cultural
Resources Overlay District. .
2) The use, as conditioned, would not be detrimental to surrounding
residents or properties since the use would be limited to a garage
and guest room which are accessory to asingle-family residence
and will be used by the residents in conjunction with the main
residence. The property owner would not be permitted to lease or
rent the accessory guest quarters or construct a kitchen or cooking
facilities.
3) The design of the accessory building, as conditioned, ensures that
it will be accessory to the main residence by appearing to be a
garage structure. The placement of the building is consistent with
the predominant land use pattern in the area of single-family
residences with detached garages. In addition, the design of the
accessory building, with additional enhancements as conditioned,
will be consistent with the style of the existing main residence.
4) The accessory building is located in the rear portion of the property
and over ninety feet from the front property line along Second
Street. The structure is scarcely visible from the public right-of-way
due to the setback and screening provided by an existing block
wall, mature landscaping, and the main structure.
G. That pursuant to Section 9272 of the Tustin Municipal Code, the Planning
Commission finds that as conditioned, the location, size, architectural
features, and general appearance of the proposed development will not
impair the orderly and harmonious development of the area, the present or
future development therein, or the occupancy as a whole. In making such
findings, the Commission has considered at least the following items:
1) Height, bulk, and area of buildings: The proposed structure meets
development standards regarding height and lot coverage of
accessory structures.
2) Setbacks and site planning: The proposed building is setback over
90 feet from the front property line, will not be highly visible from the
street, and is in compliance with the development standards of the R-
1zoning district.
3) Exterior materials and colors: The exterior materials and colors of the
accessory structure, as conditioned, will be consistent with the main
structure.
4) Type and pitch of roofs: The roofing material of the accessory
structure shall match that of the existing structure. The roof pitch of
the accessory structure has been designed in a manner dissimilar to
Resolution No. 4105
Page 3
that used on the main house to stay within the 20 foot height limit for
accessory structures.
5) Size and spacing of windows, doors, and other openings: The
proposed windows and doors are regularly shaped and spaced, and
feature trim to match the existing house.
6) Physical relationship of proposed structures to existing structures in
the neighbofiood: The placement of a detached accessory building
such as a guest house or garage is consistent with the development
pattern in the residential district of Old Town Tustin.
7) Appearance and design relationship of proposed structures to
existing structures and possible future structures in the neighborhood
and public thoroughfares: As conditioned, the design of the proposed
structure will be consistent with the main house on the property and
other historic structures throughout the Old Town residential district.
By virtue of its location on the lot, the new structure will not be highly
visible from the public right-of--way.
8) Development Guidelines and criteria as adopted by the City Council:
The project, as conditioned, will be made consistent with the required
findings for issuance of a Certificate of Appropriateness as follows:
(a) The ° proposed work conforms to the Municipal Code and
established design standards.
(b) The proposed work does not adversely affect the character of the
district or Designated Cultural Resources within the district.
(c) The proposed work will be harmonious with the existing
surroundings in terms of appropriateness of materials, scale,
size, height, placement and use of a new building in relationship
to existing buildings and the surrounding setting.
H. That this project is Categorically Exempt pursuant to Section 15303, Class
3, Title 14, Chapter 3 of the California Code of Regulations (Guidelines for
the California Environmental Quality Act).
The Planning Commission hereby adopt Resolution No. 4105 approving
Conditional Use Permit (CUP) 08-015 and Design Review (DR) 08-008 authorizing
the construction of an accessory building to be used as a guest room and garage
located at 445 W. Second Street subject to conditions attached hereto as Exhibit
A.
Resolution No. 4105
Page 4
PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a
regular meeting on the 12t" day of November, 2008.
CHARLES E. PUCKETT
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 City of Tustin, California; that Resolution No. 4105 was
duly passed and adopted at a regular meeting of the Tustin Planning Commission, held
on the 12~"day of November, 2008.
ELIZABETH A. BINSACK
Planning Commission Secretary
EXHIBIT A
RESOLUTION NO. 4105
CONDITIONAL USE PERMIT 08-015 & DESIGN REVIEW 08-008
CONDITIONS OF APPROVAL
(1)
1.1 The proposed project shall substantially conform with the submitted plans
for the project date stamped on the date of approval, on file with the
Community Development Department, as herein modified, or as modified
by the Community Development Director in accordance with this Exhibit.
The Director may also approve subsequent minor modifications to plans
during plan check if such modifications are consistent with provisions of the
Tustin City Code or other applicable regulations.
(1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be
complied with prior to the issuance of any building permits for the project,
subject to review and approval by the Community Development
Department.
(1) 1.3 The subject project approval shall become null and void unless permits for
the proposed project are issued and substantial construction is underway
within twelve (12) months of the date of this Exhibit. Time extensions may
be considered 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 08-015 and Design Review 08-008 are
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.
(1) 1.5 Conditional Use Permit 08-015 may be reviewed on an annual basis, or
more often if necessary, by the Community Development Director, to ensure
compatibility with the area and compliance with the conditions contained
herein. If the use is not operated in accordance with Conditional Use Permit
08-015, or is found to be a nuisance or negative impacts are affecting the
surrounding tenants or neighborhood, the Community Development Director
shall impose additional conditions to eliminate the nuisance or negative
impacts, or may initiate proceedings to revoke the Conditional Use Permit.
SOURCE CODES
(1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENTS
(2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES
(3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY
(4) DESIGN REVIEW ~""' EXCEPTIONS
Exhibit A
Resolution No. 4105
Page 2
(1) 1.6 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.
(1) 1.7 As a condition of approval of Conditional Use Permit 08-015 and Design
Review 08-008, 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 attack, 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. The City may, at its sole cost and
expense, elect to participate in defense of any such action under this
condition.
USE RESTRICTIONS
(~~`*) 2.1 Use of any on-site accessory building as a second unit or boarding house
is nvt permitted without prior approval of the City. Prior to the issuance of
building permits, the property owner shall execute and record a deed
restriction in a form acceptable to the Community Development Department
and City Attorney to ensure that no parts of the residence are used or leased
as a second unit. This deed restriction shall be recorded with the Office of
the Orange County Recorder and shall be binding upon all future owners or
interested parties of the subject property.
(***) 2.2 Pursuant to Tustin City Code Section 9297, the minimum interior garage
space dimensions shall be not less than ten (10) feet in width by twenty (20)
feet in depth, clear and unobstructed, for each space. All garage spaces on
the site shall be used for the parking of vehicles owned, operated, or
maintained by residents of the property.
(***) 2.3 No cooking or kitchen facilities may be installed in the accessory building.
(***) 2.4 No sink or water service is authorized other than in the bathroom.
(***) 3.1 All exterior treatments shall be consistent with the approved color and
material samples and shall be noted on all construction plans and
elevations submitted for Building Permit Plan Check, subject to review
and approval by the Community Development Department.
(**'*) 3.2 Greater architectural detail and variation that reduces the box-like
appearance of the structure shall be incorporated into the final
Exhibit A
Resolution No. 4105
Page 3
architectural design and submitted at plan check for review and approval
by the Community Development Department. Said detail and variation
shall include architectural features such as eyebrow eaves, building
"step backs" on the second floor, entry feature to the second floor, etc.
(4) 3.3 The pedestrian door to the garage shall be relocated so as not to
encroach into the required parking area dimensions when the door is
opened.
(4) 3.4 Exact details of the exterior doors, windows, roof, and cornices shall be
provided on the construction plans. Major design elements shall match
that of the main house.
(4) 3.5 All exposed metal flashing or trim shall be painted to match the building.
(4) 3.6 Parking and driveway areas shall be separated with a minimum three (3)
foot landscape area between the parking or driveway area and the
adjacent side property line.
(4) 3.7 All site landscaping shall be maintained in a healthy and vigorous
condition at all times.
(1)(4) 3.8 A Certificate of Appropriateness, issued by the Director of Community
Development, will be required at the time of building permit issuance.
PLAN SUBMITTAL
(1)(3) 4.1 At the time of building permit application, the plans shall comply with the
2007 California Building Code (CBC), 2007 Califomia Mechanical Code
(CMC), 2007 Califomia Plumbing Codes (CPC), 2007 California Electrical
Code (CEC), Califomia Title 24 Accessibility Regulations, 2007 Title 24
Energy Regulations, City Ordinances, and State and Federal laws.
(1) 4.2 A note shall be provided on the final plans that a six (6) foot high chain link
fence shall be installed around the site prior to building construction stages.
A nylon fabric ~or mesh shall be attached to the temporary construction
fencing. Gated entrances shall be permitted along the perimeter of the site
for construction vehicles.
(1) 4.3 The applicant shall comply with all City policies regarding short-term
construction emissions, including periodic watering of the site and prohibiting
grading during second stage smog alerts and when wind velocities exceed
15 miles per hour.
PUBLIC WORKS DEPARTMENT
(1) 5.1 Any damage done to existing street improvements and utilities shall be
repaired before issuance of a Certificate of Occupancy for the development.
Exhibit A
Resolution No. 4105
Page 4
(1) 5.2 Prior to any work in the public right-of--way, an Encroachment Permit shall be
obtained from and applicable fees paid to the Public Works Department.
(5) 5.3 Prior to issuance of a building permit, the applicant shall provide written
approval from the Orange County Sanitation District.
(1) 5.4 The applicant is required to submit a Construction and Demolition Waste
Recycling and Reduction Plan (WRRP) to the Public Works Department.
The WRRP must indicate how the applicant will comply with the City'.
The applicant shall submit a fifty dollar ($50.00) application fee and a cash
deposit. Based on the review of the submitted Waste Management Plan,
the cash security deposit will be determined by the Public Works
Department in an amount not to exceed five (5) percent of the project's
valuation.
(1) 5.5 Prior to issuance of any permit, the applicant shall post the required security
deposit in the form of cash, cashier's check, personal check, or money order
made payable to the "City of Tustin".
FEES
(1)(5) 6.1 Prior to issuance of any permits, payment shall be made of all applicable
fees, including but not limited to, the following:
• Building Plan Check and Permit Fees
• Grading Plan Check and Permit Fees
• Transportation System Improvement Program Fees
• School Fees
• Major Thoroughfare and Bridge Fees
(1)(5) 6.2 Within forty-eight (48) hours of approval of the subject project, the 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.
S:1Cdd1PCRESOS1200814105 (CUP 08-015 DR 08-008).doc