HomeMy WebLinkAboutCONT PUBLIC HEARING 06-07-82DATE:
TO:
FROM:
SUBJECT:
June 7, 1982
CONTINUED PUBLIC HEARING 7: 30
Inter-Corn
Honorable Chairman & Planning Agency Members
Community Development Department
Use Permit 82-8
Applicant:
Location:
Request:
Michael J. Ferguson
445 W. Second Street
Authorization to building an accessory building of 1,904 square
feet to be used as a combination garage and guest room
BACKGROUNO & DISCUSSION
At the May 17, 1982 meeting, the Tustin Planning Agency, at the request of
neighboring residents, continued the hearing on the subject matter to an
evening meeting. The Planning Agency requested staff look into methods of
policing the use of such structures.
Staff members contacted the City of Newport Beach which has just recently
begun to intensify its enforcement of zoning and building codes in
residential areas. The zoning enforcement officer stated that Newport
Beach acts upon written complaints. Certification in writing of violations
provides sufficient justification to proceed on investigations.
City staff (Tustin) currently follows similar procedures, although written
declaration of a possible violation is not necessary for staff to initiate
an investigation. More intensive enforcement, on other than a complaint
basis, would require shifting inspectors from other duties.
Newport Beach has used a recorded document in the form of a "Land Use
Agreement" with the owner of the property as a vehicle to enforce the
conditions of rental unit approval. This is very similar to our requiring
a deed restriction on use. The agreement, however, does not stop those who
are intent on violating its terms from doing so. The document does inform
all owners of the property of its use restrictions and it would be an aid
in any litigation before the court to abate an illegal use.
RECOI~#DED ACTIOM
If the applicant and owner agree to all the conditions of Resolution No.
2030 as amended from the previous meeting, the staff would recommend
approval of Use Permit No. 82-8. Staff would also recommend enforcement of
any zoning violation on a complaint basis.
AGW:jh
6-1-82
[:)AT[:
May 17, 1982
PUBLIC HEARING NO. 1
TO:
$ USJ [CT:
Honorable Chairman & P1 anning Agency
Community Development Department
Use Permit 82-8
Applicant:
Location:
Request:
Michael J. Ferguson
445 W. Second Street
Authorization to build an accessory building of 1,904 square
feet to be used as garage (962 sq.ft.) and guest room (962
sq.ft.)
BACI(GROUND & 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 followfng 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 livein 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 approval for
this proposal.
Use Permit 82-8
May 17, 1982
Page 2
Connection to a sanitary 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.
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:
a. 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 g271n 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
7. A grading permit should be submitted for review and approval.
R£CI~NDEO 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: L~
Building:
Front Setback
Side Setback
Rear Setback
Gross Sq. Ft.
Net Floor Sq. Ft.
Height
)lumber of Stories
Materials/Colors
Lot Size
Lot Coverage
Parking:
Number of Spaces
Ratio (space/sq. ft.)
% Compact Spaces
Type
District Requirement
Proposed
m
IO~ ooo_s~. ~:%'-.
No. of Public Notifications: (Owners)
* no standard
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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 Planntng Agency of the City of Tustin does hereby resolve as
follows:
I. The Planning 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 ¢45 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 Tusttn 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. 2030
June 7, 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 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 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 kitchen
facilities, until the existing house is permanently
occupied.
H. That a concrete driveway 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:ih
6-1-82