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HomeMy WebLinkAboutPC RES 3063 1 2 3 4 5 6 1 8 9 10 11 13 ld 15 IG 17 18 19 20 9.1 22 23 2,1 25 2¢ 27 28 RESOLUTION NO. 3063 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 92-025, AUTHORIZING THE PLACEMENT OF AN ACCESSORY STRUCTURE USED AS GUEST ROOMS ON A R-1 LOT LOCATED AT 440 WEST MAIN STREET The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: ao That a proper application, Conditional Use Permit 92-025 has been filed by Donald Le Jeune requesting authorization to place a second structure on an R-1 lot located at 440 West Main Street. Bo A public hearing was duly called, noticed and held for said application on July 27, 1992. Ce That the proposed project requires a Conditional Use Permit pursuant to Tustin City Code Section 922363. De That the establishment of the use applied for would 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 propbsed use, as evidenced by the following findings: · The proposed accessory structure would be used for a home occupation which is permitted by the Tustin City Code. · The proposed project would meet the development standards for an accessory structure used as guest rooms thereby ensuring compatibility with surrounding development, excepting the height requirement, which would be exceeded by three feet. A variance would be required to permit the project to exceed the maximum height requirement. · The proposed project would not detrimentally increase the density of the neighborhood as the lot for which the project is proposed is more than twice the size of some lots in the neighborhood. · The proposed accessory structure, a Victorian cottage with Queen Anne detailing, was constructed c. 1895 in Orange during the time that Tustin was developing. As there are 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 3063 Page 2 several Queen Anne style structures within the Cultural Resources District and within the neighborhood of the project, the architecture of the proposed second single-family dwelling is compatible with the neighborhood. Ee Fe That the establishment of the use applied for will not be injurious or detrimental to the property and improvements in the neighborhood of the subject property, nor to the general welfare of the City of Tustin, as evidenced by the findings stated above. The project is categorically exempt from the California Environmental Quality Act, pursuant to Section 15303 (Class 3). II. The Planning Commission hereby approves Conditional Use Permit No. 92-025 authorizing the request to permit the placement of an accessory structure used as guest rooms on a R-1 lot, located at 440 West Main Street, subject to the conditions contained in Exhibit A attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin'Planning Commission, held on the 27th day of July 1992. ~D~N ~. ~A]~ ' - .,Chairman KATHLEEN CLANCY Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, KATHLEEN CLANCY, the undersigned, hereby certify that I am the Recording Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3063 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 27th day of July, 1992. KATHLEEN CLANCY ~--- Recording Secretary~ EXHIBIT A CONDITIONAL USE PERMIT 92-025 CONDITIONS OF APPROVAL RESOLUTION NO. 3063 GENERAL (1) 1.1 The proposed project shall substantially conform to submitted plans for the project date stamped July 27, 1992, on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development Department in accordance with this Exhibit. Minimal modifications to the site plan or structure may be approved by the Director of the Community Development Department. (1) 1.2 Approval of Conditional Use Permit 92-025 is contingent upon the applicant signing and returning an "Agreement to Conditions Imposed" form as established by the Director of Community Development. (1) 1.3 Permits for the relocation and improvement of the accessory building used as guest rooms shall be issued within 12 months of approval or this conditional use permit shall become null and void. (1) 1.4 Ail construction shall meet the requirements of the 1991 Uniform Building Code. (1) 1.5 Approval of CUP 92-025 is contingent upon the Planning Commission approving a variance to exceed the maximum height of twenty feet for an accessory structure used as guest rooms. CUP 92-025 shall become null and void should the variance request be denied. (1) 1.6 A covenant and restriction shall be recorded on the property (3) stating that the proposed accessory structure is not considered to be a second single family dwelling but rather as guest rooms with no cooking facilities accessory to the existing single family dwelling, and that the proposed accessory structure may not be rented or used as a separate residential unit or commercial office use unless a conditional use permit is approved by the Planning Commission or City Council for such use. Said covenant and restriction shall be reviewed by the Community Development Department and City Attorney's Office and recorded with the County Recorder's Office prior to issuance of building permits. mmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmm SOURCE CODES (1) STANDARD CONDITION (2) PLANNING COMMISSION POLICY (3) MUNICIPAL CODE (4) RESPONSIBLE AGENCY REQUIREMENT (5) UNIFORM BUILDING CODE Exhibit A Resolution No. 3063 Page 2 (3) Z.1 Dedication of an additional ten feet of street right-of-way shall be required along the frontage of this parcel. This should be in the form of an irrevocable offer of dedication at this time. A legal description and sketch of the right-of-way dedication, as prepared by a California registered civil engineer or land surveyor, along with a copy of the legal vesting on the property will need to be submitted to the Public Works Department for review and approval. (1) z.z Underground utility connections shall be required for (3) the accessory structure (sewer, water, gas, telephone, Edison). All utilities serving the structure shall be undergrounded. (3) 2.3 Constructio~ or replacement of any missing or damaged public (4) improvements adjacent to this parcel shall be required. A separate 24" x 36" street improvement plan, as prepared by a California registered civil engineer, will be required for all construction within the public right-of-way. (3) 2.4 No architectural feature such as cornices, eaves or canopies, on the proposed structure may extend closer than three feet to any side lot line. (3) 2.5 No porch or outside stairway may project closer than four feet to any side lot line. 2.6 The structure shall be setback a minimum of fifty feet from the revised front property line. 2.7 No garage shall be constructed in conjunction with the accessory building to be used as guest rooms. DWELLING RELOCATION (4) 3.1 Submit a copy of the proposed route through the City of Tustin with height and width of load to the Public Works Department for approval concurrently with site plan and foundation plan. All applicable Public Works Department approvals shall be obtained prior to relocation of structure. (4) 3.2 Provide traffic control measures for the structure relocation to the Public Works Department for approval with proposed route described in 4.1. This should include: a · Route controls Intersection controls Median crossing details Exhibit A - Conditions of Approval Conditional Use Permit 92-025 July 27, 1992 Page 3 ae Route controls Intersection controls Median crossing details (4) 3.3 Any traffic signal modifications shall be coordinated with the City ' s traffic signal maintenance contractor prior to relocation of structure. Contact Computer Service Company (714) 441-0261. (4) 3.4 The move shall be between the hours of 11:00 p.m. and 5:00 a.m. during weekdays. (4) 3.5 The applicant will be responsible to contact utility companies regarding conflicting overhead utilities. Provide verification letters from any utility company whose overhead utilities may be affected to the Public Works Department. PLAN SUBMITTAL (1) 4.1 At plan check, submit three (3) sets of construction plans, two (2) sets of structural calculations prepared by a licensed engineer/architect. Requirements of the Uniform Building Code, State Handicap and Energy requirements shall be complied with as approved by the Building Official. (1) 4.Z Preliminary technical details and plans for all utility installations, including cable T.V., telephone, gas, water and electricity. Additionally, a note on plans shall be included stating that no field changes shall be made without corrections submitted to and approved by the Building Official. 4.3 Prior to'placement of the structure on the subject site, a grading plan and a foundation plan and specifications prepared by a licensed civil or structural engineer shall be submitted to and approved by the Building Official. Benchmarks for the plans shall be based on the Orange County Surveyor's benchmark datum. (4) 4.4 The Building Official shall determine if the building is capable, in his judgement, of being moved. In addition, if the building is to be moved into the City, the investigative inspection shall determine if the building will satisfy the zoning and building code requirements. The Building Official shall then report in writing all facts, judgments and information to advise the owner or his representative of the requirements and conditions to relocate the structure. Exhibit A - Conditions of Approval Conditional Use Permit 92-025 July 27, 1992 Page 4 (4) 4.5 Prior to the location of the subject structure on the site, all approvals from the City of Tustin Public Works Department and Police Department shall be obtained. (4) 4.6 A Certificate of Appropriateness shall be required to obtain building permits for the proposed project. Complete construction plans describing all exterior rehabilitation of the structure shall be submitted for Certificate of Appropriateness approval. FEES (1) 5.1 Payment of the following fees, but not limited to, shall be made prior to the issuance of any building permits in accordance with the Tustin City Code: a · Building plan check and permit fees to the Community Development Department be Orange County Sanitation District No. 7 sewer connection fee c. East Orange County Water District fee d. Major thoroughfare and bridge fees (1) 5.2 The applicant shall pay, deposit and/or post all bonds and insurance as required by City Code Section 8101(f) (d). BCS:nm