RES-9367 Approving Variance No. 2088-00RESOLUTION NO. 9367
A
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ORANGE UPHOLDING THE RECOMMENDATION
OF THE PLANNING COMMISSION
AND APPROVING A VARIANCE TO REDUCE
THE REQUIRED REAR YARD SETBACK FROM
TEN FEET TO FIVE FEET TO ACCOMMODATE
A NEW STRUCTURE UPON PROPERTY
LOCATED AT 374 NORTH CAMBRIDGE.
Variance
2088-00
Applicant: Lis Giusto
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 62-00 that Variance 2088-00 be granted to
allow a reduction in the required rear yard setback upon property located at 374
North Cambridge Street in the City of Orange, State of California, the City Council
considered Variance 2088-00 and determined that the recommendation of the Planning
Commission should be upheld and Variance 2088-00 be granted. The City
Council also considered and determined that the project is categorically exempt Irom the
provisions of the California Environmental Quality Act under State
CEQA Guidelines Section 15332.The subject property is more
particularly
described as follows:LOT 14 IN BLOCK D OF WELCH AND
HARROD'S RESUBDIVISION OF PARKER AND STEPHENS ADDITION TO
ORANGE, IN THE CITY OF ORANGE, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS SHOWN ON MAP RECORDED IN
BOOK 3, PAGE 50 OF MISCELLANEOUS MAPS, RECORDS
OF
ORANGE COUNTY,CALIFORNIA During the public hearing, the City Council found
facts as follows:1. The applicant, Lis Giusto, is proposing to construct
an accessory second housing unit in conjunction with the construction of a new two-
car garage and
2. The subject site consists of approximately 7,155 square feet and is
preslmtly developed with a single story contributing 1919 California Bungalow. There is
also a large, old avocado tree in the backyard.
3. If the new construction were built so as to maintain the required ten foot
rear yard setback, the avocado tree would have to be removed.
4.
Allowing the new structure to be situated further from the back of the existing
historic residence will preserve its historical, architectural dignity and allow mon:
of the traditional open space typical of such homes in the area to remain behind the house.
NOW,
THEREFORE, BE IT RESOLVED that Variance 2088-00 is granted
for the following reasons:
1. The above recitals are true and correct.
2. This property is unique in comparison with other properties due to its
historical characteristics and mature tree.
3. Because of the unique historical characteristics of the property, the strict
application of the Zoning Ordinance regarding rear yard setbacks would deprive this
property of privileges enjoyed by other properties in the vicinity and under identical R-
I-6 zone
classification.4. The granting of Variance 2088-00 would not permit a use
otherwise not pernlitted in
this zone.5. Variance 2088-00 is subject to the following conditions
which will assure that the authorized adjustment does not constitute a grant of
special privilege inconsistent with the limitations upon other properties in the vicinity and zone
in which subject
property is located:a. 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.b. Applicant shall repair, rehabilitate and address any
code, and/or property maintenance concerns on the existing residence to the
satisfaction of the City's
Chief Building Official.c. The architectural style and materials for
the proposed structure shall be as per approved plans reviewed by the
Design Review Committee.Rese>. No.
d. The applicant shall obtain all necessary building permits for the
accessory second housing unit.
e. Prior to issuance of building permits for the accessory second
housing unit, an agreement approved in form and substance by the City Attorney
and Community Development Director, (which sets forth the requirements of
Orange Municipal Code Section 17.l4.060-S and other conditions of
approval which may be required by the Planning Commission or the City Council), shall
be recorded with the Orange County Recorder's office. A copy of the
recorded document shall be provided to the Department of Community Development to
be retained in the project
file.f. The applicant agrees to indemnify, hold hannless, 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 its approval of this permit, save
and except that caused by City's active
negligence.g. The applicant shall comply with all federal, state and local
laws.Violation of any of those laws in connection with the use will be cause
for revocation of this
permit.h. All of this project's approved conditions shall be incorporated
onto the first sheet of the construction drawings submitted for plan
check.Thefollowing code provisions are included for information only this is not a complete
list of requirements and other code provisions may
apply.Prior to issuance of building permits, the applicant shall pay all applicable
development fees, including but not limited to: Transportation System Improvement Program,
Fire Facility, Police Facility, Park Acquisition, Sanitation District, Statutory School
District fees., and Eastern Foothill Transportation Corridor, as
required.New construction shall comply with the requirements of Municipal Code - Chapter 15.52
building Security Standards, Ord. 7-
79).
r-An illuminated address of 4 inches in height is required. Such address shall be located
at the driveway entrance. A second address of 4 inches in height is also required at the
main dOOlway entrance of each
residence.Applicant shall provide City street tree(s) maximum 35'-0" O.c. with root barrier
in
parkway.That the developer shall satisfy all water main plan check and inspection charges
as determined by the Water
Department.Reso. No. 9367 3
Ifnot utilized within two years ofthe date of City Council approval, this conditional use
and variance permit shall expire.
ADOPTED this 28th day of November, 2000.
ATTEST:
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 28th day of
November, 2000, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
MURPHY, MAYOR COONTZ, SPURGEON, ALVAREZ
NONE
NONE
SLATER
Reso. No. 9367 4 MEB