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RESOLUTION NO. 2030
A RESOLUTION OF THE PLANNING AGENCY OF THE
CITY OF TUSTIN, GRANTING A CONDITIONAL USE
PERMIT ON APPLICATION NUMBER U.P. 82-8 AT
445 W. SECOND STREET
The Planning Agency of the City of Tustin does hereby resolve as
follows'
I. The P1 anning Agency finds and determines as follows'
A. That a proper application (U.P. 82-8) was filed on
behalf of Michael J. Ferguson for a Conditional Use
Permit to allow a guest house of 952 square feet,
without kitchen facilities atop a residential garage, on
property at 445 W. Second Street.
B. That a public hearing was duly called, noticed and
held on said application.
C. That establishment, maintenance and operation of the
use applied for will not, under the circumstances of
this case, be detrimental to the health, safety, morals,
comfort or general welfare ~ the persons residing or
working in the neighborhood of such proposed use,
evidenced by the following findings:
1. That the use applied for is in conformance with both
the Tustin Zoning Code and the Tustin General Plan.
2. That guest house cannot be used as a rental or
leasing unit and is to be used only for family and
guests.
3. No kitchen facilities may be installed.
D. That the establishment, maintenance and operation of
the use applied for will not be injurious or detrimental
to the property and improvements in the neighborhood of
the subject project, nor to the general welfare of the
city' of Tustin, and should be granted.
E. Proposed development shall be in accordance with the
development policies adopted by the City Council;
Uniform Building Codes as administered by the Building
Official; Fire Code as administered by the Orange County
Fire Marshall; and street improvement requirements as
administered by the City Engineer.
F. Final development plans shall require the review and
approval of the Community Development Director.
G. That this project is categoricallY exempt from the
requirements of the California Environmental Quality
Act.
II. The Planning Agency hereby approves Use Permit No. 82-8
as applied for, to allow for a guest house of 962
square feet without kitchen facilities, subject to the
following conditions'
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Resolution No.
June 7, ].982
Page 2
~30
A. The unit is strictly a guest house and cannot be used
as a rental or leased unit. No permanent kitchen
facilities such as a stove or refrigerator are
authorized and no sink and water service is authorized
other than in a bathroom.
B. Developer will be responsible for the construction of
any missing or damaged 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
C. A grading plan shall be submitted for review and
approval.
D. Prior to issuance of any building permits a copy of
a recorded deed restriction prohibiting permanent
kitchen facilities and use of the structure as a rental
unit must be on file with the Community Development
Department. Such a restriction shall run with the real
property described herein, in favor of and enforceable
by, the City of Tustin.
E. That the maximum height to the highest point of the
roof shall not exceed 20'-0".
F. The minimum distance between structures on the site
shall be 10'-0".
G. That the owner of the property may use the guest
house as a principle residence, without permanent
kitchen facilities, until the existing house is
permanently occupied. Temporary kitchen facilities
may be installed and used while the existing house is
being remodeled for a period of time not to exceed 18
months.
H. That a concrete driveway shall be installed from the
garage to the street as indicated on the plot plan.
I. That a Fi re Marshall approved smoke detector shall
be installed in the guest room.
PASSED AND ADOPTED at a regular me~ting of the Tustin Planning
Agency held on the 7th of June, 1982.
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 Agency of the City of Tustin, California; that the
foregoing Resolution was duly passed and adopted at, a regular meeting_ of the
Tustin Planning Agency, held on the ?/ day of_~/L~ , 19~
/
Janet Hester
Tusti n P1 anning Agency