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HomeMy WebLinkAboutPC RES 2118 1 2 3 4 5 6 7 9 10 .11 12 13 14 15 16 17 18 19 2O 21 22 23 25 26 27 28 RESOLUTION NO. 2118 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 83-21 TO AUTHORIZE THE CONSTRUCTION AND USE OF A GUEST HOUSE AT 185 MYRTLE AVENUE The Planning Commission of the City of Tustin does hereby resolve as fol lows: I. The Planning Commission finds and determines as follows: A. That a proper application, (Use Permit 83-21), has been filed by Robert Ridgway to request authorization to allow a guest house of 800 square ,feet (plus garage area) without kitchen facilities, on property at 185 Myrtle Avenue. B. That a public hearing was duly called, noticed and held on said application. C. The Planning Commission hereby makes the following findings of fact' 1. That establishment, maintenance, and/or operation of the use'applied for will not be detrimental to the health, safety, or morals of the persons residing or working in the neighborhood of such proposed use, in that: a. the use applied for is in conformance with both the Tustin Zoning Code and the Tustin Area General Plan. b. the size of the lot (11,700 square feet) provides a 1 arge area for development while maintaining a substantial area for open space. c. the guest house cannot be used as a rental or leasing unit d. no kitchen facilities shall be installed. 2. The establishment, maintenance and/or operation of the use applied for will not be detrimental to the comfort and general welfare of persons residing or working in the neighborhood of the proposed use in that the activity is proposed for the correct land use and zoning classification and shall be developed in a manner prescribed by the City's development and zoning provisions. 3. The establishment, maintenance and/or operation of the use applied for will not be injurious or detrimental to property, improvements in the neighborhood, or general welfare of the City in that the project will be constructed in conformance with 1979 Uniform Building Code, as adopted by Ordinance No. 835. 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 9.7 28 Resolution No. _~18 Page 2 4. That this project is categorically exempt from the requirements of the Cali fornia Environmental Quality Act. 5. The proposed development shall be in accordance with the development policies adopted by the City Council, Uniform Building Code as administered by the Building Official, Fire Code as administered by the Orange County Fire Marshal, and street improvement requirements as administered by the City Engineer. 6. Final development plans shall be reviewed and approved by the Planning Commission and Community Development Department. II. The Planning Commission hereby approves Conditional Use Permit No. 83-21, subject to the following conditions' 1. That the new structures shall be equipped with a domestic fire sprinkler system if required by the Orange County Fire Department or the installation of any alternative system that the Fire Department deems appropri ate. 2. No kitchen or cooking facilities shall be permitted in the new structure. 3. The living area of the new structure shall be used only by family members and guests of the property owner and not be used as a rental or for lease unit. 4. Prior to the issuance of building permits, a copy of a recorded deed restriction prohibiting kitchen facilities and the use of the structure as a rental or leased unit must be on file with the Community Development Department. 5. Prior to final inspections and release of utilities for the new buildings, the existing garage and guest room shall be demolished. The new structure shall be served by the utility meters currently serving the existing single-family dwelling on the site. 6. Developer will be responsible for the construction of any missing or damage street improvements which shall include, but not be limited to, the following. a. curb and gutter b. sidewalk c. drive apron d. street trees e. street lights with underground conduit , ! 9 10 11 12 13 14 15 16 17 18 19 2O 21 25 26 27 28 Resoluti on No.~'~ 18 Page 3 7. A grading plan shall be submitted for review and approval by the Community Development and Engineering Departments. PASSED AND ADOPTED at a regular meeting of the Planning Con~nission, City of Tustin held on the 14th day of November, 1983. James B. Sharp, Chairman Janet Hester Recordtng Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, JANET HESTER, the undersigned, hereby certify that I am the Recording Secretary of the Planning Commission~of the City of Tustin, California; that Resolution No. ~//JY was duly passed and adopted at a regul, ar meeting of '~'e Tustin Planning Commission, held on the/%/. day of ~, 19,~_~. janet Hester Tustin Planning Commission