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HomeMy WebLinkAboutPC RES 4105RESOLUTION NO. 4105 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 08-015 AND DESIGN REVIEW 08-008 AUTHORIZING THE CONSTRUCTION OF A NEW TWO- STORY DETACHED ACCESSORY BUILDING TO BE USED AS A GUEST ROOM AND GARAGE LOCATED AT 445 WEST SECOND STREET, AND DENYING VARIANCE 08-001 TO EXCEED THE MAXIMUM PERMITTED HEIGHT OF AN ACCESSORY BUILDING 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, and for Variance (VAR) 08- 001 requesting authorization to exceed the maximum permitted height of 20 feet for accessory structures by 3'-9". 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 permitted in the R-1 zoning district subject to the approval of a conditional use permit. 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, and that the item was continued to December 9, 2008. F. That a public hearing was duly called, noticed, and held for Variance 08- 001 on December 9, 2008, by the Planning Commission. G. That for Conditional Use Permit 08-015, the establishment, maintenance, Resolution No. 4105 Page 2 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. 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 rooms 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 design modifications 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. H. That for Design Review 08-008, pursuant to Section 9272 of the Tustin Municipal Code, the Planning Commission finds that with the implementation proposed conditions, particularly condition 3.2, and the elimination of the need for a Variance, the location, size, architectural features, and general appearance of the proposed project 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. 2) Setbacks and site planning. 3) Exterior materials and colors. Resolution No. 4105 Page 3 E_ 4) Type and pitch of roofs. 5) Size and spacing of windows, doors, and other openings. 6) Physical relationship of proposed structures to existing structures in the neighborhood. 7) Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. 8) Development Guidelines and criteria as adopted by the City Council. 9) Cultural Resource District Residential Design Guidelines and 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. That in accordance with California Government Code Section 65906 and pursuant to Tustin City Code Section 9292, the granting of Variance 08- 001 to exceed the maximum permitted height for an accessory building: 1) Would constitute granting of a special privilege not afforded to other properties in the vicinity and identical zoning district of the subject property; 2) There are no special circumstances exist on the subject property as the property is a regular, rectangular shaped lot; 3) The property is a 10,000 square foot lot, which is a common lot size found in the single family residential district of Old Town; 4) The property is of relatively flat topography on the property itself and in the immediate vicinity, so no great change in grade exists; 5) The property is a typical lot in the single family residential district of Old Town Tustin and situated in line with the other lots on Second Street; and 6) The project could be sufficiently proposed without the necessity for any variance. 7) The City's zoning map shows that at least 19 instances exist where low-density, single family residential directly abuts medium or high- density residential and at least 16 instances where low-density, Resolution No. 4105 Page 4 single-family residential directly abuts higher density commercial zones. If a variance is granted in this instance, a precedent could be set that the same benefit should be applicable to all of the single-family properties identified in these instances. That the 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 adopts 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 hereby denies Variance (VAR) 08-001 to exceed the maximum permitted height of 20 feet for an accessory building. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 9t" day of December, 2008. ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Elizabeth A. Binsack, the undersigned, Commission Secretary of the City of Tustin, duly passed and adopted at a regular meeting on the 9t"day of December, 2008. ,~ ti~~2~~ ~ _ %V CHARLES E. PUCKETT Chairperson hereby certify that I am the Planning California; that Resolution No. 4105 was of the Tustin Planning Commission, held _' ~c~~~.--~ -~'.~t' ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A RESOLUTION NO. 4105 ~ CONDITIONAL USE PERMIT 08-015 & DESIGN REVIEW 08-008 t_. 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 not 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 part of the guest room is 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. DESIGN REVIEW (***} 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 The final architectural design to be submitted at plan check for review and approval by the Community Development Department shall Exhibit A Resolution No. 4105 Page 3 incorporate the following design alterations: reduction in the massing of the overall structure, reduction in the total height of the building not to exceed 20 feet, matching the roof pitch with the existing home, integrating the staircase into the comprehensive design of the structure, and incorporation of facade articulation such as fishscale shingles, window frames, eave brackets, etc. (4) 3.3 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) 3.4 All exposed metal flashing or trim shall be painted to match the building. (4) 3.5 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, subject to the Community Development Director's evaluation of the drainage easement. (4) 3.6 All site landscaping shall be maintained in a healthy and vigorous condition at all times. (1)(4) 3.7 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 California Mechanical Code (CMC), 2007 California Plumbing Codes (CPC), 2007 California Electrical Code (CEC), California 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 past 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.