HomeMy WebLinkAboutPH 3 USE PERMIT 81-16 05-18-81DATE:
18, 1981
PUBLIC KEARING
NO. 3
5-18-81
Inter-Corn
TO:
FROM:
SUBJECT:
Honorable Mayor and City Council
C~nity Development Department
Appeal of Denial of Use Permit 81-16
Applicant:
Location:
Zone:
James Glomb
13121-13296 Gwyneth
Planned Develol~nent District
BACKGROUND AND DISCUSSION
The April 20, 1981 meeting, the Tustin Planning Agency denied an
application to authorize the conversion of an apartment complex
carport to a meeting room for group meditation. At that meeting
concern was voiced by neighboring residents over parking and
traffic problems which may result.
The applicant has appealed this decision to the City Council.
Staff report and draft resolution fr~n the April 20, 1981 meeting
are attached.
No new information or additional justification has been suk~nitted
in support of the application.
Staff can rec~xanend favorable consideration for that use if all of
the conditions of the draft resolution are agreed to by the
applicant. Without such conditions the use is a violation of
provisions of the Planned Dfl. velopment District regulations and is
an existing violation of the safety requirements of the Uniform
Building Code. The owners have been notified by letter dated April
22, 1981, of the requirements to comply with the BulldingCode
requirements.
~ATION
If the City Council desires to over-rule ~he decision of the
Planning Agency, it is recomnended that such authority to construct
and occupy a meeting room he in accordance with the terms of Draft
Resolution No. 81-58 which contains the same conditions as the
resolution presented for Planning Agency consideration.
RKF / dat
CITY COUNCIL
Donald J. Saltarelli, Mayor
Richard B. Edgar, Mayor Pro-tern
Ursula E. Kenned)'
James B. Sharp
Ronald B. tloe:~terey
April 22, 1981
Mr. James Glumb
18195 "D" Gwyneth
Tustin, CA 92680
Subject: Use Permit 81-16
Dear Mr. Glumb:
The City Planning Agency on April 20, 1981, denied your application to convert
carports to a meeting room for your complex at 13121-13296 Gwyneth.
The denial of the permit was based upon your statement of it not being economically
feasible for you to comply with the terms of the proposed resolution.
You stated that you had acquired additional property adjoining your site and
intended to subsequently convert these units to condominiums. We will be pleased
to work with you in your future plans.
For your information, two actions are required to comply with City ordinances.
These requirements are effective immediately:
Apply for building permits for the restoration 9f all garages back to their
original condition.
The sale, lease or purchase of land is subject to the Subdivision Map Act of
the State of California. This is the prime responsibility of the seller and you
should call this to the attention of the seller.
If you have further questions, please do not hesitate to contact this department.
Sincerely Yours
R. Kenneth F1 eagle, D.P.~
Acting Community Development Director
RESOLUTION NO. 81-58
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A RESOLUTION OF THE CITY CO~INCIL QF THE
CITY OF TUSTIN, AUTHO}IIZ~NG A ME]'~TING Fl]~)~!
AT AN APARTMEIff COMPLF~, 13181-13296 GWYNETH
DRIVE IN ~tE PLANNED DEV~DF~{ENT DISTRICT
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The City Council of the City of Tustin does hereby resolve as
follows:
I. The City Council finds and determines as follows:
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That a proper application, (Use Permit No. 81-16),
has been filed on behalf of James Glcmb, requesting
authorization to develop a meeting room at the
apartment complex located at 13181-13296 GWYNETH
DRIVE.
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That a public hearing was duly called, noticed and
held on said application.
The Planning Agency unanimously denied approval of
the requested Use Permit.
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I.
An appeal to the City Council was duly filed and
advertised for public hearing.
That establishment, maintenance, and operation of the
use applied for will not, ~mder the circumstances of
this case, be detrimental to the health, safety,
morals, comfort, or general welfare of the persons
residing or working in tim neighborhood of such
proposed use, evidenced by the following findings.
That the use as a recreation facility is in
conformance with provisions of the
Multiple-Family Districts of the Tustin Zoning
Code.
The proposed use and structural design of the
meeting area will be in conformance with all
regulations pertaining to Zoning and Unifom
Building Code.
That the establishment, maintenance, and operation of
the use applied for will not be injurious or
detrimental to the' property, nor to the general
welfare of the City of Tustin, and should be granted.
Proposed develot~ent shall be in accordance with the
development policies adopted by the City Council,
Uniform Building Codes as administered by Orange
County Fire~arshal, and street improvement
requi~w~nents as administerc~ by the City Engineer.
That the development pro~osal is categorically exempt
from provisions of the California Environmental
Quality Act.
Final development plaa~ shall require the review and
approval of the Community Development Department.
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Resolution No. 81-58
Page T~o
II.
The City Council hereby over-rules the decision of the
Planning Agency and approves USE PERMIT NO. 81-16, to
authorize development of a meeting in the Planned Development
District as appli~J for subject to the following conditions:
That use of the meeting hall is limited to residents of
the apartment complex.
That the five parking spaces lost through the carport
conversion will be replaced by modifying the parking
area near the main entrance of the complex. Said
modification shall include:
1) Perimeter 6" concrete curbing and space striping
2) lmndscaping (planting and irrigation of the unusable
paved area fronting on the redesigned parking
spaces.)
Replacement of the covered spacu~ by the construction of
a carport for five spaces.
Use of the meeting room shall }~ restricted until all
site improvements are completed and approved by the
Com~mity Development Director.
One ZA10BC fire extinguisher slu~ll be provided in the
building.
Annexation of the property to Tustin Lighting District
or Orange CountyLightingMaintenance District No. 6.
Improvement plans for the meeting hall shall be
submitted to the Building Official for approval, the
required permits shall be applied for and the building
inspected prior to its use. Improvements shall co~ply
with all applicable provisions r~lating to public
assembly in the building and fire codes as adopted by
the City.
PASSED AND A~OPTED at a regular meeting of the Tustin City Council,
held on the 18th day of May, 1981.
James B. Sharp
~yor
ATTEST:
Mary E. Wymn
City Clerk