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HomeMy WebLinkAboutPC RES 3902RESOLUTION NO. 3902 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 03-021 AND DESIGN REVIEW 03-022 TO REMOVE AN EXISTING 559 SQUARE FOOT TWO-CAR GARAGE AND REPLACE IT WITH A 1,405 SQUARE FOOT ACCESSORY BUILDING WITH A 620 SQUARE FOOT TWO-CAR GARAGE CONTAINING TWO (2) VEHICLE PARKING SPACES, A 150 SQUARE FOOT STORAGE AREA, A 225 SQUARE FOOT LAUNDRY ROOM AND BATHROOM ON THE FIRST FLOOR, AND A 560 SQUARE FOOT SECOND STORY INCLUDING TWO (2) GUEST ROOMS, A READING ROOM, AND A BATHROOM AT 455 S. PACIFIC STREET The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: Ao That a proper application for Conditional Use Permit 03-021 and Design Review 03-022 was filed by Mary Susan McCance to remove an existing 559 square foot two-car garage and replace it with a 1,405 square foot accessory building with a 620 square foot two-car garage containing two (2) vehicle parking spaces, a 150 square foot storage area, a 225 square foot laundry room and bathroom on the first floor, and a 560 square foot second story including two (2) guest rooms, a reading room, and a bathroom at 455 S. Pacific Street. The proposed project is consistent with the policies of the General Plan land use designation "Low Density Residential" which provides for the development of single-family residences and accessory structures. In addition, the project has been reviewed for consistency with the Air Quality Sub-element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub- element. In addition, the property is zoned Single-Family Residential (R-l) in which accessory buildings used as guest rooms, when no cooking facilities are maintained, are permitted with the approval of a Conditional Use Permit. Design Review is required for construction of new structures, which includes review of the site plan and elevations. The Community Development Director has defered consideration of the Design Review application to the Planning Commission for concurrent review with the Conditional Use Permit application. That a public hearing was duly called, noticed, and held on said application on December 8, 2003, by the Planning Commission. Do 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, as evidenced by the following findings: 1) The use and design of the proposed accessory structure, as conditioned, would not be detrimental to surrounding properties in that the proposed structure will comply with all applicable development standards of the R-1 zoning district; and, 2) The use, as conditioned, would not be detrimental to surrounding residents or properties since the use would be limited to a garage, laundry room, and guest rooms which are accessory to a single-family residence and will be used by the residents in conjunction with the main residence. The property owner would not be able to lease or rent the accessory guest rooms without first complying with Tustin City Code Section 9223a(7) for a second single-family structure, including providing two (2) additional garage spaces. Resolution No. 3902 December 8, 2003 Page 2 That pursuant to Section 9272(c) of the Tustin City Code, the Planning Commission finds that, as conditioned, the location, size, architectural features, and general appearance of the proposed structure will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole in that the design of the accessory building ensures that it will be accessory to the main residence by appearing to be a garage structure. The first floor would be set seven (7) feet behind the house, the second story set back an additional twelve (12) feet, and the overall height would be six (6) feet lower than the house. The placement of the building is consistent with the predominant land use pattern in the area of single-family residences with detached garages. In addition, the design of the accessory building will be consistent with the features of the Colonial style architecture of the existing main residence by matching the materials and colors, roof pitch, wood siding, divided lite windows, and window shutters. In making such findings, the Planning Commission has considered at least the following items: 2. 3. 4. 5. 6. o 10. 11. 12. 13. 14. Height, bulk, and area of buildings; Setbacks and site planning; Exterior materials and colors; Type and pitch of roofs; Size and spacing of windows, doors, and other openings; Towers, chimneys, roof structures, flagpoles, radio and television antennae; Location, height, and standards of exterior illumination; Landscaping, parking area design, and traffic circulation; Location and appearance of equipment located outside an enclosed structure; Location and method of refuse storage; Physical relationship of proposed structures to existing structures in the neighborhood; Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares; Proposed signage; and, Development guidelines and criteria as adopted by the City Council. This project is Categorically Exempt pursuant to Section 15303, Class 3, Title 14, Chapter 3, of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Planning Commission hereby approves Conditional Use Permit 03-021 and Design Review 03-022 authorizing the removal of an existing 559 square foot two-car garage and the construction of a 1,405 square foot accessory building with a 620 square foot two-car garage containing two (2) vehicle parking spaces, a 150 square foot storage area, a 225 square foot laundry room and bathroom on the first floor, and a 560 square foot second story including two (2) guest rooms, a reading room, and a bathroom at 455 S. Pacific Street, subject to conditions contained in Exhibit A and the Certificate of Appropriateness in Exhibit B attached hereto. Resolution No. 3902 December 8, 2003 Page 3 PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission held on the 8th day of December, 2003. / ..../ L~INDA C. JENNIES~ ~-'-~. . - . --> L/ -~ ~hairperson J / ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3902 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 8th day of December, 2003. ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 03-021 AND DESIGN REVIEW 03-022 DECEMBER 8, 2003 GENERAL (1) 1.1 (1) 1.2 (1) 1.3 (1) 1.4 (1) 1.5 (1) 1.6 The proposed project shall substantially conform with the submitted plans for the project date stamped December 8, 2003, on file with the Community Development Department, except as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. The Director of Community Development may also approve minor modifications to plans during plan check if such modifications are to be consistent with the provisions of the Tustin City Code and other applicable codes. Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified or prior to the issuance of any grading or building permits for the project, subject to review and approval by the Community Development Department. The subject project approval shall become null and void unless permits for the proposed project are issued and substantial construction is underway within twelve (12) months of the date of this Exhibit. Time extensions may be considered if a written request is received by the Community Development Department within thirty (30) days prior to expiration. Approval of Conditional Use Permit 03-021 and Design Review 03-022 is contingent upon the applicant returning to the Community Development Department a notarized "Agreement to Conditions Imposed" form and the property owner signing and recording with the County Clerk-Recorder a notarized "Notice of Discretionary Permit Approval and Conditions of Approval" form. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. As a condition of approval of Conditional Use Permit 03-021 and Design Review 03-022, the applicant shall agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third-party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, the Planning Commission, or any other decision-making body, including staff, concerning this project. The City agrees to promptly notify the applicant of any such claim or action filed against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in defense of any such action under this condition. Any violation of any of the conditions imposed is subject to the payment of a civil penalty of $100.00 for each violation, or such other amounts as the City Council may establish by ordinance or resolution, and for each day the violation exists, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. SOURCE CODES (1) (2) (3) (4) STANDARD CONDITION CEQA MITIGATION UNIFORM BUILDING CODE/S DESIGN REVIEW (7) (5) (6) RESPONSIBLE AGENCY REQUIREMENT LANDSCAPING GUIDELINES PC/CC POLICY EXCEPTION Resolution No. 3902 December 8, 2003 Page 2 (1) 1.7 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorneys fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. BUILDING DIVISION (C) 2.1 At the time of building permit application, the plans shall comply with the most recently adopted codes. The City is currently using the 2001 California Building Code (CBC), 2001 California Mechanical Code (CMC), 2001 California Plumbing Code (CPC), 2001 California Electrical Code (CEC), California Title 24 Accessibility Regulations, City Ordinances, and State and Federal laws and regulations. (C) 2.2 Building plan check submittal shall include the following: Four (4) sets of construction plans, including drawings for mechanical, plumbing, and electrical. · Two (2) copies of structural calculations. · Two (2) copies of Title 24 energy calculations. · Elevations that include all proposed dimensions, materials, colors, finishes, and partial outlines of adjacent buildings on-site and off-site where applicable. · Details for the proposed windows and doors. · Roofing material shall be fire rated class "B" or better. · Note on plans that no field changes shall be made without prior approval from the Building Official and architect or engineer of record. (c) 2.3 Water heaters shall not be installed in a closet or other confined space opening into a bedroom. (c) 2,4 Escape and rescue windows shall be provided in all sleeping rooms per the 2001 California Building Code (Section 310.4). (c) 2.5 Dwelling units shall be provided with heating facilities capable of maintaining a temperature of 70 degrees at a point three (3) feet above the floor in all habitable rooms per the 2001 California Building Code (Section 310.11). (C) 2.6 All new glass doors and windows, in or adjacent to doors, shall be tempered per 2001 California Building Code Section 2406.4. (C) 2.7 No part of the structure shall project beyond the property line. (C) 2.8 Drainage, vegetation, driveway, curbs, gutters, and sidewalks shall comply with the on-site private improvement standards pursuant to the Construction Standards for Private Streets, Storm Drain and On-Site Private Improvements. (c) 2.9 Pursuant to the City of Tustin's Security Ordinance and the Uniform Fire Code, street numbers shall be displayed in a prominent location on the street side of the residence. The numerals shall be no less than four (4) inches in height and shall be of contrasting color to the background to which they are attached and illuminated during hours of darkness. (c) 2.10 No outdoor storage shall be permitted except as approved by the Tustin Community Development Director. (c) 2.11 Pursuant to TCC Section 9223b(3)(a), the accessory structure used for guest rooms shall be a maximum permitted height of twenty (20) feet. (c) 2.12 Architectural treatments, exterior colors and finishes of the proposed addition including exterior stucco and siding, doors/windows, and wood trim Resolution No. 3902 December 8, 2003 Page 3 shall match the existing house, including the wood siding, roof pitch, orientation and material, and the window shutters, shape and style. Specifications at building plan check submittal shall reflect material and color call-outs on all elevations with applicable details and notes added. The accessory structure shall maintain the same color scheme as the main residence unless otherwise approved by the Community Development Director. ENGINEERING (C) 3.1 Authorization from the East Orange County Water District for the increased usage shall be obtained prior to issuance of building permits. (c) 3.2 Existing sewer and domestic water service laterals shall be utilized whenever possible. (c) 3.3 Any damage done to existing street improvements and utilities shall be repaired before issuance of the Certificate of Occupancy. (c) 3.4 Prior to any work in the public right-of-way, an Encroachment Permit shall be obtained from, and applicable fees paid to, the Public Works Department. (c) 3,5 The City of Tustin is required to comply with State of California Waste Recycling requirements. To facilitate City compliance with this law, the Project Applicant/Contractor is required to submit and obtain approval from the Public Works Department of a Project Recycling Plan. The Project Recycling Plan shall demonstrate recovery and recycling of at least 50 percent of the total waste generated by the project and should consist of the following components: · In a narrative form, describe efforts which will be utilized to minimize the generation of waste during the project; · Provide an estimate of the total amount of waste to be generated for the entire duration of the project; · Provide an estimate of the total amount of recyclable materials generated by the project, identified by recyclable material type; · Identify waste hauler(s) to be utilized during the project. Note: The City has an exclusive waste collection franchise with Federal Disposal Service of Santa Ana. No other haulers are to be utilized pursuant to City Code Section 4322; · Identify recyclable material processing facilities which will be utilized to process materials generated by the project; · Demonstrate that no waste generated by the project will be sent directly to any landfill; · Prior to the issuance of a Notice of Completion or a Certificate of Occupancy, submit a final report to the Public Works Department detailing actual quantities of the items listed above as well as a narrative summary of the recycling efforts implemented during the project; · Prior to issuance of an occupancy permit, the applicant is required to submit recycling plans to the Public Works Department for each project tenant which demonstrates recycling or diversion from landfills of at least 50 percent of the total waste anticipated to be generated by each tenant; and, · Prior to issuance of any grading, encroachment or building permit, applicant is required to submit waste trash enclosure plans to the Public Works Department which demonstrate the provision of adequate physical space to accommodate all planned tenant recycling programs. Resolution No. 3902 December 8, 2003 Page 4 USE RESTRICTIONS Pursuant to Tustin City Code Section 9297, the minimum interior garage space dimensions shall be not less than ten (10) feet in width by twenty (20) feet in depth, clear and unobstructed for each space. All garage spaces on the site shall be used for the parking of vehicles owned, operated, or maintained by residents of the property. 4.2 Existing at the subject property is a single-family residence. This residence is within the Single-Family Residential (R-l) zoning district where single-family residences are permitted. Use of any portions of the accessory building with guest rooms as a second unit or boarding house is not permitted without prior approval of the City. Prior to the issuance of building permits, the property owner will need to execute and record a deed restriction in a form acceptable to the Community Development Department and City Attorney to ensure that no parts of the residence are used or leased as a second unit. This deed restriction will need to be recorded with the Office of the Orange County Recorder and shall be binding upon all future owners or interested parties of the subject property. FEES (c) 5,1 Prior to issuance of any building permits, payment shall be made of all applicable fees, including but not limited to, the following. Payment shall be required based upon those rates in effect at the time of payment and are subject to change. a. Building plan check and permit fees to the Community Development Department based on the most current schedule. b. Payment of the Major Thoroughfare and Bridge Fees to the Tustin Public Works Department is required at the time a building permit is issued. The current fee is $1,731.00 for the new residential structure, as applicable. c. School facilities fee of $2.14 per square foot or based upon the most current schedule unless determined to be exempt by the Tustin Unified School District. d. With credit for the three (3) existing bedrooms, payment of the Orange County Sanitation District No. 7 sewer connection fees in the amount of $710.00 for the two (2) additional bedrooms is required prior to issuance of a building permit. e. Within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a CASHIER'S CHECK payable to the County Clerk in the amount of (forty- three dollars ($43.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period that applicant has not delivered to the Community Development Department the above-noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened.