HomeMy WebLinkAboutPH 1a USE PERMIT 82-8 05-17-82DATE:
May 17, 1982
PUBLIC HEARING NO. 1
Inter-eom
TO:
FROM:
SUBJECT:
Honorable Chairman & Planning Agency
Community Development Department
Use Permit 82-8
Applicant:
Location:
Request:
Michael J. Ferguson
445 W. Second Street
Authorization to build an accesso~ building of 1,904 square
feet to be used as garage (952 sq.ft.) and guest room (952
sq.ft.)
BACKGROUND & DISCUSSION
The applicant is requesting authorization to construct an accessory
building (for guest room with no kitchen) behind an existing single family
dwelling which is in an R-1 Single Family District. Section 922363. of the
Tustin City Code states:
Accessory buildings used as gues~ rooms, providing no cooking
facility is installed or maintained subject to use permit with
the followi-ng zoning standards:
a. Maximum Height: 20 feet
b. Maximum Lot Coverage: 30 percent of rear yard
c. Minimum Front yard setback: 50 feet, unless otherwise
indicated on Zoning Map
d. Minimum Side yard setback: Corner lot line: 10 feet,
interior lot line: 5 feet
e. Minimum Rear yard setback: 5 feet
It is Mr. Ferguson's intent to live in the guest room until he has
completed a renovation of the existing single-family residence. The
enclosed site plan and elevations meet most of the requirements of the
zoning code section. If the use permit is approved, it is suggested that
the following conditions be imposed:
1. The unit is strictly a guest house and cannot be used as a rental or
leased unit. (No kitchen allowed.) At a recent hearing for a similar
request, the Planning Agency imposed the requirement of a deed
restriction prohibiting kitchen facilities and use of the structure as a
rental unit. Such a condition should also be a part of an a~proval for
this proposal.
Use Permit 82-8
May 17, 1982
Page 2
2. Connection to a sanita~ sewer should be made for each structure.
Records do not indicate whether the existing structure has been
connected.
3. Final site and/or grading plan should show proposed water service with
respect to the sewer lateral location.
4. An additional East Orange County Water District fee may be required and
the applicant should check with the Tustin Water Service to verify this
fee.
5. The proposed does not comply with the zoning code in the following
areas:
The maximum height for an accessory structure is 20'. The building
scales out to 24.5'. The roof structure should therefore be
redesigned to the 20' height.
The distance between the existing house and the accessory building
scales out to 9'. Zoning code section 9271n requires a minimum
separation of 10' for detached accessory structure on the same
parcel. The structure should be located 10' from the existing
house.
6. 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 if required at this
location
grading permit should be submitted for review and approval.
RECO~lqF_..NDED ACTION
Staff recommends that the Planning Agency approve Use Permit 82-8 by the
adoption of Resolution No. 2030.
AGW:jh
5-11-82
Development Review Summary
Project: ~~
Location/District:
Action: D<~
District Requirement
Proposed
Building:
Front Setback
Side Setback
Rear Setback
Gross Sq. Ft.
Net Floor Sq. Ft.
Height
Uumber of Stories
Materials/Colors
Lot Size
Lot Coverage
Parking:
Number of Spaces
Ratio (space/sq. ft.)
% Compact Spaces
Type
!
io'
coo _s~. ~'-.
No. of PubliC Notifications: (Owners)
* no standard
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The Planning
fol 1 ows:
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
Agency of the City of Tustin does hereby resolve as
I. The Planning Agency finds and determines as follows:
II.
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 of 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.
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. 2030
May 17, 1982
Page 2
A. The unit is strictly a guest house and cannot be used
as a rental or leased unit. No kitchen facilities such
as 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 kitchen
facilities and use of the structure as a rental unit
must be on file with the Community Development
Department.
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 until the existing house
is permanently occupied.
H. That a concrete drive way shall be installed from
the garage to the street as indicated on the plot plan.
I. That a Fire Marshall approved smoke detector shall
be installed in the guest room.
PASSED AND ADOPTED at a regular meeting of the Tustin Planning
Agency held on the~day of , 1982.
Richard B. Edgar, Chairman
Janet Hester
Recording Secretary
MAC:jh
5-17-82