HomeMy WebLinkAboutPC RES 29301
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RESOLUTION NO. 2930
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, CALIFORNIA, CONDITIONALLY
APPROVING VARIANCE 91-11 AND CONDITIONAL USE
PERMIT 91-07 TO ALLOW AN EXISTING STRUCTURE TO
BE PERMITTED AS A SECOND SINGLE-FAMILY
DWELLING WITH LESS THAN THE REQUIRED NUMBER OF
PARKING SPACES AT 515 SOUTH PACIFIC 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 applications, Variance 91-11 and
Conditional Use Permit 91-07 were filed by Mr.
John V. Sauers to allow an existing structure
to be permitted as a second single-family
dwelling with less than the required number of
parking spaces at 515 South Pacific Street.
B. That a public hearing was duly called, noticed
and held on said application on August 12,
1991.
C. Pursuant to Section 9291 of the Tustin
Municipal Code, the Commission finds the
following:
1. That the establishment, maintenance, and
operation of the second dwelling 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, evidenced by the following
findings:
a. The use applied for is in
conformance with the Tustin Zoning
Code and is a conditionally-
permitted use in the Single-Family
Residential District. The land area
of the property allows density which
is consistent with that of the
surrounding residential district.
b. The layout of the existing
structures provides adequate
distance from the street and
adjacent dwellings. Noise impacts
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Resolution No. 2930
Page 2
to surrounding properties will be
minimal.
c. The project satisfies height
requirements of the Tustin Zoning
Code pertaining to a second single-
f ami ly structure on a lot in the R-1
District. No visual impacts to
nearby properties are anticipated.
d. The structure was legally
constructed with proper building
permits and in accordance with codes
adopted by the City to promote
public health and safety.
2. That the establishment, maintenance, and
operation of the second dwelling will not
be injurious or detrimental to property
and/or 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,
and should be granted.
D. Pursuant to Section 9292 of the Tustin
Municipal Code, the Commission has reviewed
the request to allow a second single-family
dwelling with less than the required number of
parking spaces and finds that the request can
be supported by the following:
1. There are unusual or exceptional
circumstances applicable to the size,
shape, topography, location or intended
use of the subject property which do not
apply to other properties in the same
zoning district. The exclusive use of
the property by a person over 62 years of
age and the location of existing
improvements are unique factors.
2. Granting of the Variance will not
constitute a grant of special privileges
inconsistent with the limitations upon
other properties in the vicinity. Other
properties in the vicinity do not have
second dwellings for exclusive use by
persons over the age of 62 years.
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Resolution No. 2930
Page 3
3. The granting of the Variance will not be
detrimental to adjacent and surrounding
properties. No new construction is
proposed; actual use of the property will
not be intensified.
4. Approval of the Variance will not be
contrary to the goals and policies of the
General Plan. Further, it will support
State housing policy.
II. The Planning Commission hereby conditionally
approves Variance 91-11 and Conditional Use Permit
91-07, to allow an existing structure to be
permitted as a second single-family dwelling with
less than the required number of parking spaces at
515 South Pacific 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 12th day of August,
1991.
DON'A LE J
Chairman
KATHLEEN CLANCY
Secretary
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Resolution No. 2930
Page 4
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.
2930 was duly passed and adopted at a regular meeting of
the Tustin Planning Commission, held on the 13th day of
August, 1991.
KATHLEEN CLANCY
Recording Secretary
EXHIBIT A
VARIANCE 91-11 AND CONDITIONAL USE PERMIT 91-07
CONDITIONS OF APPROVAL
RESOLUTION NO. 2930
GENERAL
(1) 1. 1 The proposed project shal l substantially conform with the
submitted plans for the project date-stamped August 12,
--- 1991 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. The Director may also approve minor
modifications to the plans if such modifications are
determined to be consistent with the approved plans.
(1) 1.2 The applicant shall sign and return an Agreement to
Conditions Imposed form within 30 days of the approval
date or the Variance and Conditional Use Permit shall be
null and void.
(5) 1.3 The applicant shall execute a deed restriction on the
property subject to approval of the Community Development
Department and City Attorney's office which contains the
following restrictions:
1. The use of the 1,775-square foot two-story second
dwelling as a residence shall be limited to a
maximum of two adult persons who are 62 years of
age or older.
2. The floor area of the second single-family dwelling
shall not be increased.
3. Interior partitions to divide the second floor into
additional rooms shall be prohibited.
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SOURCE CODES
(1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT
(2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES
(3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY
(4) DESIGN REVIEW
*** EXCEPTION
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