RES-9109 Upholding Conditional Use Permit No. 2273-99RESOLUTION NO. 9109
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE UPHOLDING THE
RECOMMENDATION OF THE PLANNING
COMMISSION OF THE CITY OF ORANGE AND
GRANTING AN ACCESSORY SECOND HOUSING
UNIT UPON PROPERTY LOCATED AT 1143 EAST
TAFT AVENUE.
Conditional Use Permit 2273-
99 Applicants: Dennis and Lanra
Montgomery
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 Re:solution No. PC 14-99 that Conditional Use Permit No. 2273-99 be granted
to allow an aCI~essory second housing unit upon property located at 1143 East Taft Avenue in
the City of Orange, State of California, the City Council considered Conditional Use
Permit 2273-99 and determined that the recommendation of the Planning Commission
should be upheld and Conditional Use Permit 2273-99 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:A PORTION OF LOT 2 OF THE FLETCHER
TRACT, AS SHOWN ON A MAP RECORDED IN BOOK 3
PAGE 320 OF MISCELLANEOUS RECORDS OF LOS ANGELES
COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:BEGINNING AT THE SOUTHWESTERLY
CORNER OF SAID LOT 2;THENCE SOUTH 89"-98'-18" EAST ALONG
THE SOUTH LINE OF SAID LOT 2, 640.00 FEET TO THE
TRUE POINT OF BEGINNING; THENCE NORTH 00-01'-42" EAST 150.92 FEET
TO A POINT ON A NON-TANGENT CURVE CONCAVE NORTHERLY HAVING
A RADIUS OF 230.00 FEET, A RADIAL LINE THROUGH
SAID POINT BEARS SOUTH 50-05'-57" EAST;
THENCE EASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 120-07'-35"
AN ARC DISTANCE OF 48.68 FEET TO
THE BEGINNING OF A TANGENT REVERSE CURVE, CONCAVE SOUTHERLY HAVING A
RADIUS OF 170.00 FEET; THENCE EASTERLY ALONG SAID CURVE,
THROUGH A CENTRAL ANGLE OF 170-15'-14" AN ARC DISTANCE
OF 51.19 FEET, THENCE TANGENT TO SAID CURVE SOUTH 890-58'-18"
EAST 75.91 FEET; THENCE SOUTH 00-01'-42" WEST 168.00 FEET TO
SAID
WEST ALONG SAID SOUTHERLY LINE 174.00 FEET TO THE TRUE
POINT OF BEGINNING
EXCEPTING THEREFROM THE SOUTHERLY 50 FEET THEREOF.
During the public hearing, the City Council found facts as follows:
I. The applicants, Dennis and Laura Montgomery, are proposing to construct an
accessory second housing unit as a separate building on an undeveloped portion of their property.
2. The accessory unit will be 640 sq. ft. in area.
3. The proposed structure's architectural style will match the existing residence.
4. The subject site is presently developed with one single family dwelling unit and a
two-cacr
garage.NOW, THEREFORE, BE IT RESOLVED that Conditional Use Permit 2273-
99 is granted for the
following reasons:I. 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 18,900 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 for 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 2273-99
is granted subject to thl: following conditions to preserve the general welfare and not the individual
welfare
of the applieant:1 All plans shall conform in substance with those approved by
the Planning Commission
and City Council.2. Either the existing 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. The owner shall record an agreement with the
Orange County Recorder's office, approved in form by the City Attorney, which shall set
forth the requirements of
l
this section in addition to other conditions of approval imposed by the Planning
Commission and the City Council.
3. 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 2273-99 becomes null and void, and future
subdivision and development conform to city regulations in effect at that
time).4. The accessory second unit is limited to 640 square feet, and future building
additions will not be
permitted.5. Finish material, architectural colors, and design features shall match the existing (
or principal) residential structure. Plans for the accessory second unit shall include
the same length eave overhang and fascia
trim.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 its 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. Violation of any
of those laws in connection with the use will be cause for revocation of this
permit.8. These conditions will be reprinted on the cover sheet or first page of
construction plans, including grading plans, if
applicable.9. All storage of business materials and equipment in excess of that allowed for "
home occupations" (as defined by Orange Municipal Code Section17.14.050) shall
be removed from the site prior to issuance of a building
permit.10. The existing temporary modular unit shall be removed from the premises prior to
the builder's request for a final inspection of the accessory second dwelling
unit.11. Prior to issuance of a building permit, the applicant shall consult with planning
and business license staff to determine if home occupation permits are required,
and conditions be met to either issue said permits or abate the non-
conforming
home occupations.12. Prior to issuance of a building permit, the 2-car garage shall be
made available for parking of vehicles, as required by the
Orange Municipal Code.The following Code provisions are applicable to this project and
are included for information only. This is not a complete list of requirements, and other
code provisions may apply
to the project.Prior to issuance of building permits, the applicant shall pay
all statutory development fees, including but not limited to: Transportation System
Improvement Program, Fire 3
Reso
Facility, Police Facility, Park Acquisition, Sanitation District, School District, and Eastern
Foothill Transportation Corridor, as required.
Any conditional use permit or variance expires automatically if it is abandoned or inactive
for a period of 24 months from the date of approval. An extension of time may be
permitted upon a written request, if received before the expiration deadline.
Adopted the 25th day of May, 1999.
ATTEST:
Y4~-d/~#/Ll4T
City Clerk oft Ity 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 25th day of May, 1999, by
the following vote:
AYES.: COUNCIL MEMBERS: MURPHY, SLATER, COONTZ, SPURGEON
NOES: COUNCIL MEMBERS: ALVAREZ
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBliks NONE
Reso No. 9109 4