HomeMy WebLinkAboutCC RES 92-098 6~
7
8
9
12!I.
II
ld,
15i
17
18
2O
21
22
23
2,t
28
RESOLUTION NO. 92-98
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, UPHOLDING THE PLANNING
COMMISSION'S APPROVAL OF CONDITIONAL USE PERMIT 92-
025, AUTHORIZING THE PLACEMENT OF AN ACCESSORY
STRUCTURE USED AS GUEST ROOMS ON A R-1 LOT LOCATED
AT 440 WEST MAIN STREET
The City Council of the City of Tustin does hereby resolve as
follows:
I. The city Council finds and determines as follows:
That a proper application, Conditional Use Permit
92-025 has been filed by Donald Le Jeune requesting
authorization to place an accessory structure used
as guest rooms on an R-1 lot located at 440 West
Main Street.
A public hearing was duly called, noticed and held
for said application on July 27, 1992. The
Planning Commission authorized the project by
approving Resolution No. 3063 with conditions.
Ce
That a proper appeal of Conditional Use Permit 92-
025 has been filed by Bill Collins requesting that
the city Council reverse the Planning Commission's
approval of a request to place an accessory
building used as guest rooms on an R-1 lot located
at 440 West Main Street.
That a public hearing was duly called, noticed and
held for said appeal on August 17, 1992.
That the City Council has reviewed the request for
an accessory structure used as guest rooms and
finds that the establishment of the use applied for
would 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:
The subject historic Victorian cottage has
been moved from its original location and is
threatened by demolition.
Tustin's Cultural Resources District was
developing during the 1890's when the house
was constructed in a similar residential
neighborhood in Orange. The architecture of
the Cultural Resources District is compatible
with the Victorian cottage since there are
several Victorian structures in the district,
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19~
22.
Resolution No. 92-98
Page 2
and since there are many modest, single story
structures from the same time period as the
Victorian structure.
There will not be excessive pedestrian or
vehicular traffic associated with the project.
The proposed ten foot side yard setback and
proposed 52 foot front yard setback for the
project is consistent with most properties in
the District and exceeds the City's required
development standards for a guest room.
Adequate light and air are maintained for
adjacent properties.
The proposed placement of the structure on the
lot will preserve existing trees on the site.
The purpose of the Cultural Resources District
is to preserve structures which reflect
elements of the City's architectural heritage.
The proposed accessory structure, a Victorian
cottage with Queen Anne detailihg, does
reflect the architecture in the neighborhood,
as there are several Queen Anne style
structures within the neighborhood of the
project. The subject structure is compatible
with the structures in the neighborhood as the
cottage is a single story, modest building
which is typical of the residential
development in Tustin.
Historically, many lots in the subject
neighborhood have had guest rooms and more
than one dwelling structure located on them,
and the city has continued to allow the
construction of second dwellings in the
neighborhood where certain minimum standards
are met.
The proposed accessory structure would be used
for a home occupation which is permitted by
the Tustin City Code.
The proposed project would meet the
development standards for an accessory
structure used as guest rooms thereby ensuring
compatibility with surrounding development,
]
13.
14
15
1 ¢;
17
18
1.9
20
9.1
22
9-3
24.
~7
Resolution No. 92-98
Page 3
Fe
Ge
excepting the height requirement. A variance
would be required to permit the project to
exceed the maximum height requirement or the
structure would be limited to 20 feet.
That the establishment of the use applied for will
not be injurious or detrimental to the property and
improvements in the neighborhood of the subject
property, nor to the general welfare of the city of
Tustin, as evidenced by the findings stated in
Section E.
The project is categorically exempt from the
California Environmental Quality Act, pursuant to
Section 15303 (Class 3).
II.
The City Council hereby upholds the Planning Commission's
approval of Conditional Use Permit No. 92-025 authorizing
the request to permit the placement of an accessory
structure used as guest rooms on a R-1 lot, located at
440 West Main Street, subject to the conditions contained
in Exhibit A of Planning Commission Resolution No. 3063,
attached thereto and incorporated herein by reference;
and as herein modified to read as follows:
A. Modification to Resolution No. 3063
2.8
The subject structure shall be setback at
least ten feet from the east side property
line as revised by the applicant.
PASSED AND ADOPTED at a regular meeting of the Tustin City
Council, held on the 17th day of August, 1992.
LESLIE ANNE PONTIOU~
Mayor
MARY E. C~YNN
City Clerk
City of Tustin
RESOLUTION CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
ss
RESOLUTION NO. 92-98
Mary E. Wynn, City Clerk and ex-officio Clerk of the City Council of the
City of Tustin, California, does hereby certify that the whole number of
the members of the City Council is five; that the above and foregoing
resolution was passed and adopted at a regular meeting of the City Council
held on the 17th day of August, 1992, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
Pontious, Potts, Puckett, Saltarelli
None
None
Thomas
Mary E. ~..y..nn, City ,~C. lerk