RES-9340 Granting Conditional Use Permit No. 2328-00RESOLUTION NO. 9340
r-.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE UPHOLDING THE
RECOMMENDATION OF THE PLANNING
COMMISSION AND GRANTING AN ACCESSORY
SECOND HOUSING UNIT UPON PROPERTY
LOCATED AT 1802 NORTH KIMBARK LANE.
Conditional Use Permit 2328-
00 Applicants: Randy and Ann
Harris
RECITALS:After report thereon by the Planning Commission and after due public hearing as
required by law, and after receiving a recommendation from the Planning Commission, recommending
by Resolution No. PC 34-00 that Conditional Use Permit No. 2328-00 be granted
to allow an accessory second housing unit upon property located at 1802 North Kimbark Lane in
the City of Orange, State of California, the City Council considered Conditional Use
Permit 2328-00 and detemlined that the recommendation of the Planning Commission
should be upheld and Conditional Use Permit 2328-00 be granted. The City
Council also considered and determined that the project is categorically exempt from the
provisions of the California Environmental Quality Act under
State CEQA Guidelines Section 15303.The subject property is
more particularly described as follows:LOT NO.2 TRACT MAP 14293, CITY
OF ORANGE, COUNTY OF ORANGE During the public hearings, the City
Council found facts as follows:1. The applicants, Randy and Ann Harris, are
proposing to construct an accessory second housing unit in conjunction with the construction of a
new
residence
located on their property.I'"2. The accessory unit will be 525 sq. ft. in area and
will have a bedroom, kitchen,bathroom and living room. There will also be a separate two car
garage for the accessory unit.3. The proposed structure's architectural style will be
compatible with the design of
the proposed principal residential structure.4. The
NOW, THEREFORE, BE IT RESOLVED that Conditional Use Permit 2328-00
is granted for the following
reasons:
1. The above recitals are true and correct.
2. The Conditional Use Permit is granted upon sound principles ofland use.
3. Accessory second units generally provide a service in providing housing needs
for senior citizens and other independent members of the family or community.
3. The second dwelling unit on this 37,100 square foot parcel will not cause
deterioration of bordering land uses or create special problems for the area in which it is located
because it is not located in an area that is considered to be significantly impacted by insufficient
capacity fi)r traffic circulation, parking, public utilities, or similar infrastructure needs.
4. The project will have no negative effect on the community or general plan
because it is compatible with the existing residential uses in the area
BE IT FURTHER RESOLVED that Conditional Use Permit 2328-00 is granted
subject to the following conditions to preserve the general welfare and not the individual welfare of
the
applicant:1. The accessory second housing unit shall be developed per plans approved by
the Planning Commission and City Council, and on file with the Department
of Community
Development.2. The accessory second housing unit or the contiguous land area surrounding
the unit cannot be subdivided or sold separately from the existing principal
dwelling unit unless Conditional Use Permit 2328-00 becomes null and void,
and future subdivision and development conform to city regulations in effect at
that time.3. Either the proposed principal single-family dwelling unit or
the accessory second unit shall be occupied by the owner of both units. The unit not
occupied by the owner may be rented. Prior to issuance of building permits
for the accessory second housing unit, a deed restriction approved in form and
substance by the City Attorney and Community Development Director shall be
recorded with the Orange County Recorder's Office. Said deed restriction shall
set forth the requirements of Orange Municipal Code Section 17.14.
060-A, and other conditions
of approval required herein.
4.
The applicant shall submit for a building permit for the accessory second housing unit
separate from the principal residence. The occupancy permit for the accessory
second housing unit shall not be issued until after the occupancy permit for
the principal residence has been issued.5.
The City Council resolution is not effective unless the applicant signs it and so indicates
and acknowledges hislher understanding of the conditions imposed therein.
By signing and accepting the City Council Resolution, the applicant accepts
the benefits conferred by the permit subject to the conditions imposed therein.
6.
The applicant agrees to indemnify, hold harmless, and defend the City, its officers,
agents, and employees from any and all liability or claims that may be brought
against the city arising out of this approval of this permit, save and except that
caused by city's active negligence.7.
The applicant shall comply with all federal, state, and local laws. Violations of any
of those laws in connection with the use of the accessory residence will be cause
for revocation ofthis permit.8.
Prior to issuance of building permits, the conditions of approval shall be listed on the
cover page of the construction documents for the accessory second unit.The
following code provisions are applicable to this project and are included for information only.
This is not a complete /ist of requirements, and other code provisions may apply to the prOjeCi..
Prior
to
issuance of building permits, the applicant shall pay all applicable development fees,
including but not limited to: City Sewer Connection Fee,Orange County
Sanitation District connection fee, Transportation System Improvement Program,
Fire Facility, Police Facility, Park Acquisition, Sanitation District, statutory
school fees, and Eastern Foothill Transportation Corridor, as required.All
structures
shall comply with the requirements of O.M.C. Chapter 15.52 BuildingSecurity
Standards, Ord 7-79), which relates to hardware, doors,windows,
lighting, etc. Approved structural drawings shall include sections of the security
code that apply. Specifications, details, or security notes may be used to convey
the compliance. (This will be reviewed in building plan check by the Crime
Prevention Bureau prior to issuance of building permits.)City
of Orange Ordinance 3-94 requires all roof coverings to be fire retardant D.L.
listed Class A. The eaves shall be fire stopped and enclosed with approved
material at the eave ends to preclude entry of flame or embers under the roofing
material.
3 Reso No. 9340
Openings into attics, floors or other enclosed areas shall be covered with
corrosion resistant wire mesh less than one-fourth inch, no more than
one-half inch in any dimension except where such openings are equipped with
sash or doors. In addition, a spark arrestor is required on chimneys,
maximum one-half
inch screen required.An illuminated address of 4 inches in height is required. Such
address shall be contrasting in color to the background and be visible
to approaching vehicles.Such address shall be located at the driveway entrance. A second
address of 4 inches in height is also required at the main doorway entrance
of each residence.All landscaping shall be maintained so as not to
interfere with required illumination
and/or addressing.A conditional use permit expires automatically if it is abandoned or
inactive for a period of 24 months from the date of final approval. An extension of
time may be permitted upon a written request, if received before
the
expiration deadline.AI_OPTED the 10tb day of
October,
2000.ATTEST:Jf!rA--r'~-<,-::
r Cassandra J. Cathc , City Clerk of the CIty of
Orange I hereby certify that the foregoing Resolution was duly and regularly adopted by the
City Council of the City of Orange at a regular meeting thereof held on the 10tb day of October,
2000,by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAThr:COUNCIL MEMBERS: MURPHY I SLATER, COONTZ, SPURGEON I
ALVAREZ COUNCIL MEMBERS:
NONE COUNCIL MEMBERS:
NONE COUNCIL MEMBERS:
NONE
4~
Cassandra J. Cathc~City Clerk of the City of Orange
Reso No. 9340 4