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RESOLUTION NO. 2808
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, CALIFORNIA, CONDITIONALLY
APPROVING DESIGN REVIEW 90-03 AND CONDITIONAL
USE PERMIT 90-06 TO ALLOW CONSTRUCTION OF A
SECOND SINGLE-FAMILY DWELLING AT 430 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:
A·
" Bo
That proper applications, Design Review 90-03
and Conditional Use Permit 90-06, were filed
on behalf of Mr. Bill Collins to allow
construction of a second single-family
dwelling at 430 West Main Street.
That a public hearing was duly called, noticed
and held on said application on August 13,
1990.
Co
Pursuant to Section 9291 of the Tustin
Municipal Code, the Commission finds the
following:
·
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:
Se
The use applied for is in
conformance with the Tustin Zoning
Code and is a conditionally-
permitted use in the Single-Family
Residential District.
be
The use will not create a noise
nuisance.
Ce
The proposal provides adequate
setbacks from the street and
existing dwellings.
de
The project satisfies all required
development standards and parking
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Resolution No. 2808
Page 2
De
requirements of the Tustin Zoning
Code pertaining to a second single-
family structure on a lot in the R-1
District.
Se
Traffic concerns have been mitigated
through the location and design of
entrance/ exit drives and on-site
turnarounds.
·
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.
Pursuant to Section 9272 of the Tustin Municipal
Code, the Commission finds that 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.
2. Setbacks and site planning.
3. Exterior materials and colors.
4. Type and pitch of roofs.
·
Size and spacing of windows, doors and
other openings.
·
Towers, chimneys, roof structures,
flagpoles, radio and television antennae.
·
Landscaping, parking area design and
traffic circulation.
·
Location, height and
exterior illumination.
standards of
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Resolution No. 2808
Page 3
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Location and appearance of equipment
located outside of an enclosed structure.
10. Location and method of refuse storage.
11. Physical relationship of proposed
structures to existing structures in the
neighborhood.
12. Appearance and design relationship of
proposed structures to existing
structures and possible future structures
in the neighborhood and public
thoroughfares.
II. The Planning Commission hereby conditionally
approves Design Review 90-03 and Conditional Use
Permit 90-06, to allow construction of a second
single-family dwelling at 430 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 13th day of August,
1990.
DONALD LE JEUNE ~ ·
~t[~~ '~~~~ Chairman
KATH~.EEN' FITZPA~I cK
Secretary
EXHIBIT A
DESIGN REVIEW 90-03 AND CONDITIONAL USE PERMIT 90-06
CONDITIONS OF APPROVAL
RESOLUTION NO. 2808
GENERAL
(1) 1.1 The proposed project shall substantially conform with the
submitted plans for the project date-stamped August 13,
1990 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 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 Design Review and Conditional Use Permit approval shall
become null and void unless all building permits are
issued within eighteen (18) months of the date of this
Exhibit and substantial construction is underway.
(1) 1.4 The development shall comply with all requirements of the
Uniform Building Codes, as adopted by the City of Tustin.
(1) 1.5 The applicant shall sign and return an Agreement to
Conditions imposed form prior to issuance of building
permits.
PLAN SUBMITTAL
2.1 At building plan check the following shall be submitted:
(3) A.
Construction plans, structural calculations, and
Title 24 energy calculations. Requirements of the
Uniform Building Codes, State Energy Requirements
shall be complied with as approved by the Building
Official.
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
Exhibit A
Resolution No. 2808
Page 2
(2) B.
(3)
Preliminary technical details and plans for all
utility installations including cable TV,
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.
(2)
(3)
Ce
Final grading and specifications consistent with the
site plan and landscaping plans and prepared by a
registered civil engineer for approval of the
Community Development Department and based on the
Orange County Surveyor's bench mark datum.
(2) D.
(3)
A precise soils engineering report provided by a
soils engineer within the previous twelve (12)
months as determined by the Building Official.
Prior to issuance of a building permit, a deed
restriction to limit the use of the structure to a
single-family dwelling shall be submitted for review and
approval by the Community Development Department and
recorded with the County Recorder by the applicant.
SITE AND BUILDING CONDITIONS
(1) 3.1 Provide exact details for exterior doors,
(4) including garage doors, and windows on construction
(working) drawings.
(1) 3.2 Ail exterior colors to be used shall be subject to review
(4) and approval of the Director of Community Development.
All exterior treatments, materials and colors shall be
noted on construction plans and elevations.
(1) 3.3 Provide details for all exterior lighting fixtures. Note
(4) the locations of fixtures on the site plan and building
elevations. Fixtures shall be of a decorative design
compatible with the Victorian-style structure.
(1) 3.4 Ail exposed metal flashing or trim shall be painted to
(4) match the building.
(1) 3.5 Ail roof vents shall be painted to match the color of the
(4) roofing material.
Exhibit A
Resolution No. 2808
Page 3
(4) 3.6 Indicate the location of all exterior mechanical
equipment. Such equipment shall not be allowed in
required setbacks.
(4) 3.7 Gas and electric meters shall be screened from view from
the public right-of-way. All architectural screens shall
be consistent with the building design.
(1) 3.S Note on final plans that a six-foot-high chain-link fence
shall be installed around the site or project area prior
to building construction.
LANDSCAPING, GROUNDS AND HARDSCAPE ELEMENTS
(4) 4.1 Ail existing trees must be retained.
FIRE DEPARTMENT
(5) 5.1 The residence shall be protected with a residential fire
sprinkler system.
PUBLIC/PRIVATE INFRASTRUCTURE IMPROVEMENTS
(1) 6.1 Separate underground utility connections must be provided
(5) to each residence (sanitary sewer, domestic water,
Edison, telephone, gas and CATV).
(1) 6.2 A separate 24" x 36" street improvement plan for a
(5) construction permit will be required showing any
construction within the public right-of-way. This plan
would include, but not be limited to, the following:
a)
b)
c)
d)
curb and gutter
sidewalk
drive apron
underground utility connections
NOISE
(1) 7.1 Ail requirements of the City's Noise Ordinance (Chapter
6 of the Municipal Code) shall be met at all times. All
construction operations including engine warm up shall be
subject to the provisions of the City of Tustin Noise
Ordinance and shall take place only during the hours of
7:00 a.m. until 6:00 p.m., Monday through Friday or other
Exhibit A
Resolution No. 2808
Page 4
times that the Building Official determines will be in
substantial conformance with the Noise Ordinance and the
public health and safety will not be impaired subject to
application being made at the time the permit for the
work is awarded or during progress of the work.
FEES
(1) 8.~ Prior to issuance of any permits, the applicant shall pay
(5) the following fees:
ae
De
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Ail applicable plan check and permit fees.
New Development Tax.
School facilities fees to the Tustin Unified School
District.
Orange County Sanitation District No. 7 sewer
connection fees.
East Orange County Water District fees.
Major Thoroughfare and Bridge fees.
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, KATHLEEN FITZPATRICK, the undersigned, hereby certify that I am
the Recording Secretary of the Planning Commission of the City of
Tustin, California; that Resolution No. 2808 was duly passed and
adopted at a regular meeting of the Tustin Planning Commission,
held on the 13th day of August, 1990.
K~T~LEEN FI~Z~AT~K - -
Recording Secretary