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RES-8900 Approving Conditional Use Permit No. 2203-97RESOLUTION NO. 8900 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 2459 NORTH SANTIAGO BOULEVARD. Conditional Use Permit 2203- 97 Applicant: Edward Howard RECITALS:After report thereon by the Planning Commission and after due public hearings as required by law, and after receiving a recommendation from the Planning Commission,recommending, by Resolution No. PC 5-98, that Conditional Use Permit 2203-97 be granted to allow an accessory second housing unit upon property located at 2459 North Santiago Boulevard in the City of Orange, State of California, the City Council considered Conditional Use Permit 2203-97 and determined that the recommendation of the Planning Commission should be upheld and Conditional Use Permit 2203-97 be granted. The subject property is more particularly described as follows:Being a portion of Lot "R" of the Gray Tract, in the City of Orange, as shown on a map thereof recorded in book 4, page 548, Miscellaneous Records of Los Angeles County, California, and a portion of the land allotted to the heirs of Leandro Serrano as described in the Final Decree of Partition of the Rancho Santiago de Santa Ana, which was entered September 12, 1868 in book "B", page 410 of Judgments of the District Court of the 17th Judicial District in and for the Los Angeles County, California, more particularly described as follows:Parcel 2 as shown on a Parcel Map recorded in book 86, pages 1 and 2 of Parcel Maps, records of Orange County, California.During the public hearing, the City Council found facts as follows:1. The applicant, Edward Howard, is proposing to construct an accessory second housing unit behind his principal residence. The accessory unit will be 625 sq. ft. in area and will have a bedroom, bathroom, kitchen and living room. The proposal includes one open parking space to be located next to the accessory unit. The principal 2. The subject site is presently developed with single family dwelling unit. 3. The Planning Commission expressed concerns about on-site parking and vehicular circulation, the need for enhanced landscaping to help mitigate the perceived visibility of tht: second unit and the loss of privacy by neighboring residents, and the need to refurbish the extenior facade of the primary residence to blend architecturally with the second housing unit.NOW, THEREFORE, BE IT RESOLVED that Conditional Use Permit 2203- 97 be granted for the following reasons:1. The project 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, and therefore is not likely to cause deterioration of bordering land uses or create special problems for the area.2. The proposed project is compatible with the existing residential uses in the area, since the second housing unit will be single story in height, the elevation of the subject property is substantially lower than adjacent parcels located to the rear or east of the subject property, the second housing unit will not obscure views from adjacent parcels, the location of the second housing unit is approximately 178 feet behind the front property line, and the subject property exceeds the minimum lot size of 10,000 square feet by an additional 7,600 square feet.BE IT FURTHER RESOLVED that Conditional Use Permit 2203-97 be granted subject to the following conditions:I. 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 proposed accessory structure architectural style and materials shall match the existing main residence, as per plans reviewed by the Design Review Board and or amended by the Planning Commission.3. The applicant shall obtain a building permit for the accessory second housing unit.4. The applicant shall provide a notarized letter from the adjoining property owner granting temporary access to permit the move-on of the accessory second unit across the adjoining property.5. 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 17.14.060-A 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' office. A copy of the recorded document shall be provided to the Department of Community Development to be retained in the project file. 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. Submit landscaping plan, for approval by staff, showing landscape enhancement especially along the perimeter of the property). 9. Staff to accept a revised parking plan to allow a car to turn around, in addition to the car parked in the parking space. 10. Repair all existing siding and trim on the primary residence, with windows replaced to match the accessory unit and both units painted to match. 1 I. Replace sliding glass door with a multi-panel French style or wood sliding door, at the discretion ofthe applicant, but with approval of Planning staff.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 applicable development fees, including but not limited to: Transportation System Improvement Program, Fire Facility, Police Facility, Park Acquisition, Sanitation District, School District, 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), which relates to hardware, doors, windows,lighting, etc. Approved structural drawings shall include sections of the security code that apply. Specification, details, or security notes may be used to convey the compliance. The Crime Prevention Bureau will review this in building plan check prior to issuance of building permits.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.3 Reso No. All landscaping shall be maintained and not interfere with required illumination and/or addressing. The developer shall be responsible for the following Fire Department requirements: An approved fire sprinkler system must be installed throughout the proposed building or owner shall provide a minimum 16' foot Fire Department access road with an approved turnaround. A fire sprinkler system shall be designed per N.F.P.A. 13D. Plans shall be submitted prior to building permit issuance. A Fire Department access road requires: A minimum of a 16' foot wide road, remaining unobstructed and having a minimum of 13' feet 6" inches of vertical clearance will be required with an approved Fire Department turnaround. The Fire Department access road shall be an all weather driving surface capable of supporting the imposed loads of fire apparatus, 40,000 pounds, and shall not exceed the angle of departure for fire apparatus on any slope. Provide a Soils Engineers report. The access road shall be marked as a fire lane. This would include red curbs and signs. The City of Orange Ordinance 3-94 requires all roof coverings to be fire retardant U. L.listed or ICBO Evaluation Report Class A.If not utilized within two years of the date of Planning Commission approval, this conditional use permit shall expire.Adopted the 14th day of April, 1998. ATTEST:City Clerk ofth 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 14th day of April, 1998, by the following vote:Reso No. 8900 AYES: COUNCIL MEMBERS: MURPHY, COONTZ, SPllKGEON ,:'ALVAREZ NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE ABSTAIN: COUNCIL MEMBERS: SLATER 5 Reso No. 8900