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HomeMy WebLinkAboutCC RES 97-113 1 RESOLUTION NO. 97-113 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, UPHOLDING THE PLANNING COMMISSION'S ACTION TO APPROVE 3 CONDITIONAL USE PERMIT 97-014 AND DESIGN REVIEW 97-023/ AUTHORIZING THE CONVERSION OF AN EXISTING TWO-STORY 4 DETACHED GARAGE INTO A GUEST HOUSE AND TO CONSTRUCT A TWO-STORY GARAGE ADDITION TO AN EXISTING SINGLE-FAMILY 5 RESIDENCE LOCATED AT 340 WEST 2ND STREET. 6 The City CounCil of the' City of Tustin does hereby resolve as follows: 7 I. The City Council finds and determines as follows: 8 A. That a proper application, Conditional Use Permit 97-014 9 and Design Review 97-023, was filed by CindyDalrymple to authorize the conversion of an existing two-story 10 detached garage into a guest house and to construct a two-story garage addition to an existing single-family 11 residence located at 340 West 2nd Street. 12 B. That a public hearing was duly called, noticed and held on said application on September 22, 1997, and a 13 continued public hearing was duly called, noticed and held on October 6, 1997, by the Zoning Administrator. 14 The Zoning Administrator adopted Zoning Administrator Action 97-007, approving the request to convert the 15 existing garage and construct the new garage. 16 C. That on October 8, 1997, Mary Rivas, resident at 350 West 2nd Street, submitted an appeal of the Zoning 17 Administrator's action on this project. 18 D. That a public hearing Was duly called, noticed and held for said appeal on November 10, 1997, by the Planning 19 Commission. The Planning Commission adopted Resolution No. 3558 upholding the Zoning Administrator's approval of 20 Conditional Use Permit 97-014 and Design Review 97-023. 21 E. That on November 17, 1997, the City Council appealed the Planning Commission's action on this project. 22 F. That a public hearing was duly called, noticed and held 23 for said appeal on December 2, 1997, and continued to January 5, 1998, January-19, 1998, and February 2, 1998, 24 by the City Council. 25 G. That the proposed use is allowed within the R-l, Single- Family Residential District, with the approval of a 26 Conditional Use Permit.. 27 H. That the conversion of an existing. two-story detached garage into a guest house and the construction of a two- 28 story garage addition to an existing single-family Resolution No. 97-113 Page 2 1 residence, as conditioned, will not be detrimental to the 2 health, safety, morals, comfort, or general welfare of persons residing or working in the neighborhood of such 3 proposed use, nor be injurious or detrimental t6 the property and improvements in the neighborhood of the 4 subject property, or to the general welfare of the City of Tustin, as evidenced by the following findings: 5 1. The proposed addition complies with all development 6 standards set forth for the R-1 zoning district. 7 2. All proposed construction will. be consistent in style, color and appearance with the existing 8 construction. 9 3. All improvements within the detached structure that were constructed without City-issued building 10 permits shall be brought into compliance with City CodeS. 11 4. The kitchen improvements within the detached 12 structure will be removed and the exterior stairway will be enclosed, thereby reducing the potential 13 for use of the structure as a rental second dwelling unit. 14 5. A deed restriction will be executed and recorded to 15 prohibit the use of the detached structure for leasing, rental, or trade, and to prohibit the 16 future installation of kitchen improvements within the structure. Said restriction will run with the 17 land and be binding on all future owners or interested parties of the property. 18 I. Pursuant to Section 9272 of the Tustin Municipal Code, 19 the City Council finds that the location, size, architectural features and general appearance of the 20 proposed addition will not impair the orderly and harmonious development of the area, the present or future 21 development therein, or the occupancy as a whole. In making such findings, the City Council has considered at 22 least the following items: 23 1. Height, bulk and area of buildings. 24 2. Setbacks and site planning. 25 3. Physical relationship of proposed improvements to existing structures in the neighborhood. 26 4. Appearance and design relationship of proposed 27 improvements to existing structures and possible future structures in the neighborhood and public 28 thoroughfares. Resolution No. 97-113 Page 3 ! 5. Development Guidelines and criteria as adopted by 2 the City Council. 3 J. This project is categorically exempt (Class 1) pursuant to Section 15301 of the California Environmental Quality 4 Act. 5 K. That the project has been reviewed for consistency with the Air Quality Sub-element of the City of Tustin General 6 Plan and has been determined to be consistent with the Air Quality Sub-element. 7 II. The City Council hereby upholds the Planning Commission's 8 action to approve Conditional Use Permit No. 97-014 and Design Review 97-023 to authorize the conversion of an existing two- 9 story detached garage into a guest house and the construction of a two-story garage additionto an existing single-family 10 residence at 340 West 2nd Street, subject to the conditions contained in Exhibit A, attached hereto. 11 PASSED AND ADOPTED by the City Council of the City of Tustin at a 12 regular meeting held on the 2nd day of February, 1998. 14 =' ' Y . THOMAS 15 16 PAMELA STOKER 17 City Clerk 18 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS 19 CITY OF TUSTIN ) 20 CERTIFICATION FOR RESOLUTION NO. 97-113 21 PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the 22 whole number of the members of the City Council of the City of Tustin is 5; that the above and foregoing Resolution No. 97-113 was 23 .duly and regularly introduced, passed, and adopted at a regular meeting of the Tustin. City Council, held on the 2nd day of 24 February, 1998. 25 COUNCILMEMBER AYES: THOMAS, SALTARELLI, DOYLE, POTTS, WORLEY COUNCILMEMBER NOES: NONE ' 26 COUNCILMEMBER ABSTAINED: NONE COUNCILMEMBER ABSENT: 27 ~ ..~k~~NONE 28 PAMELA STOKER City Clerk 1 EXHIBIT A 2 CITY COUNCIL RESOLUTION NO. 97-113 CONDITIONS OF APPROVAL 3 CONDITIONAL USE PERMIT 97-014 AND DESIGN REVIEW 97-023. FEBRUARY 2, 1998 4 GENERAL '5 (1) 1.1 The proposed project shall substantially conform with the 6 'submitted plans for the project date stamped February 2, 1998 on file with the Community Development Department, 7 as herein modified, or as modified by the Director of Community Development Department in accordance with this 8 Exhibit. The Director of Community Development may also approve subsequent minor modifications to plans during 9 plan check if such modifications are to be consistent with provisions of the Tustin City Code. 10 '(1) 1.2 Unless otherwise specified, the conditions contained in 11 this Exhibit shall be complied.with prior to the issuance of any building permits for the project, subject to 12 review and approval by the' Community Development Department. 13 (1) 1.3 Conditional Use Permit and Design Review approval shall 14 become null and void unless all building permits are issued and substantial construction is underway. within 15 eighteen (18) months of the date of this Exhibit. Time extensions may be granted by the Zoning Administrator if 16 a written request is received by the Community Development Department within thirty (30) days prior to 17 expiration. 18 (1) 1.4 Approval of Conditional Use Permit 97-014 and Design Review 97-023 is contingent upon the applicant and 19 property owner signing and returning an "Agreement to Conditions Imposed" form as established by the Director 20 of Community Development prior to the issuance of building permits. 21 (1) 1.5 The applicant shall hold harmless and defend the City of 22 Tustin from all claims and liabilities arising out of the City's approval of this project. 23 24 25 26 SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION 27 (3) UNIFORM BUILDING CODE/S (4) DESIGN REVIEW (5) RESPONSIBLE AGENCY (6) LANDSCAPING GUIDELINES 28 (7) PC/CC POLICY *** EXCEPTION Exhibit A Resolution No. 97-113 Conditions of Approval February 2, 1998 Page 2 PLANNING. (4) 2.1 The property owner shall execute and record a deed restriction in a form acceptable to the Community Development Department-and City Attorney to ensure that the guest room and room addition shall not be used for leasing, rent, or trade, nor shall kitchen and/or cooking facilities be installed. The deed restriction .shall provide that if the City is required to.commence and enforce an action to enforce the conditions contained herein and the 'City prevails,' the City shall be entitled to an award of costs and fees incurred by the City including attorney's fees and administration costs. The deed restriction shall be recorded with the Office ofthe County'Recorder prior to the issuance of any permits and shall be binding on all future owners or interested parties of the property. (4) 2.2 The kitchen improvements within the guest house are not permitted pursuant to Tustin City Code Section 9233 (B)(3) and shall be.removed to the satisfaction of the Building Official. (4) 2.3 All improvements constructed without a building permit shall be. identified on construction level drawings as required by Condition No. 3.1 below, to the satisfaction of the Building Official. (1) 2.4 A Certificate of Appropriateness issued by the Community Development Director is required prior to the issuance of permits for the final design plans. BUILDING (1) 3.1 At plan check submit three (3) sets of construction plans, including architectural, structural, electrical, mechanical, plumbing, details and specifications, and two (2) sets of structural calculations. Requirements of the Uniform Building Code shall be complied with as approved ~by the Building Official. No field changes shall be made without corrections submitted to and approved by the Community Development Department. (3) 3.2 All new additions and existing areas added or converted to a different use shall comply with the prevailing building codes. Exhibit A Resolution No. 97-113 Conditions of Approval February 2, 1998 Page 3 FEES (1} 4.1 Prior to issuance of any building permits, payment shall (5) 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. Orange County Fire Authority plan check and inspection fees to the Community Development Department based upon the most current schedule. C. School facilities fee to the Tustin Unified School District subject to any agreement reached and executed between the District and the applicant. (1) 4.2 Within forty-eight (48) hours of approval of the subject (5) project, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of $38.00 (thirty eight dollars.) 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.