RES-8991 Approving Conditional Use Permit No. 2196-97RESOLUTION NO. 8991
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 904 EAST
ROSE AVENUE.
Conditional Use Permit 2196-
97 Applicant: James E. Prosser,
Jr.
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 54-97 that Conditional Use Permit 2196-97
be granted to allow an accessory second housing unit upon property located at 904 East Rose
Avenue in the City of Orange, State of California, the City Council considered Conditional
Use Permit 2196-97 and determined that the recommendation of the Planning Commission
should be upheld and Conditional Use Permit 2196-97 be granted. The subject
property is
more particularly described as follows:N. Tract 1386, Lot 1 on the Southeast Corner
of
Cambridge Street and Rose Avenue.During the public hearing, the City
Council found facts as follows:1. The applicant, James E. Prosser, Jr. is proposing
to construct an accessory second housing unit to the
side of his existing residence.2. The accessory unit will be 500 sq. ft. in area and
will have a bedroom,
bathroom,kitchen and living room.3. The proposed structure's architectural style
will match the existing residence.4. The proposal includes one open parking
space for the accessory unit.5. The subject site is presently developed with
one single family dwelling unit.NOW, THEREFORE, BE IT RESOLVED that
Conditional Use Permit 2196-97
1. The Conditional Use Permit is granted upon sound principles ofland use and in response
to services required by the community.
2. The project 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
signillcantly impacted by insufllcient capacity for trafllc circulation, parking, public utilities, or
similar infrastructure needs.
3. The project will have no negative effect on the community or neighborhood plan for the
area in which it is located because it is compatible with the existing residential uses in the area
BE IT FURTHER RESOLVED that Conditional Use Permit 2196-97 be granted
subject to thf' following conditions to preserve the general welfare and not the individual welfare of
the
applieant:1. The accessory second housing unit shall be developed per plans approved by the
Planning Commission and City Council, and on llle 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. An agreement approved in form and substance by the City Attorney and
Community Development Director, (which sets forth the requirements of Orange Municipal
Code Section17.14.060-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's ofllce, A copy of the recorded document shall be provided to
the Department of Community Development to be retained in the
project llle.5. The applicant agrees to indemnify, hold hannless, and defend the City, its
ofllcers, 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.6. 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
ofthis permit.7. A landscaping plan shall be approved by staff showing
landscape enhancements.8. If not utilized within two years of the date of Planning Commission
approval, this conditional use permit
shall expire.Reso No.
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.
All landscaping shall be maintained and not interfere with required illumination and/or
addressing.
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.
City of Orange Ordinance 3-94 requires all roof coverings to be fire retardant U. L.
listed or ICBO Evaluation Report Class
A.Adopted the II th day of August,
1998.
ATTEST:3 Reso No.
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 II th day of August, 1998,
by th'e following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCIL MEMBERS: MURPHY, SLATER, COONTZ, SPURGEON, ALVAREZ
COUNCIL MEMBERS: NONE
COUNCIL MEMBERS: NONE
COUNCIL MEMBERS: NONE
Reso No, 8991 4