RES-9012 Granting Conditional Use Permit No. 2230-98RESOLUTION NO, 9012
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 638 EAST
WALNUT AVENUE.
Conditional Use Permit 2230-
98 Applicant: Meredith J.
Martini
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 53-98 that Conditional Use Permit 2230-98
be granted to allow an accessory second housing unit upon property located at 638 East Walnut
Avenue in the City of Orange, State of California, the City Council considered Conditional
Use Permit 2230-98 and determined that the recommendation of the Planning Commission
should be upheld and Conditional Use Permit 2230-98 be granted. The City
Council also considered and approved Nf:gative Declaration 1564-98 as an
adequate and complete assessment of environmental consequences related to
the approval of the proposed project.The subject property
is more particularly described as follows:LOT 28 AND THE EAST 20.8 FEET OF LOT 26
OF TRACT NO. 571, AS PER MAP RECORDED IN BOOK 18,
PAGE(S) 43 OF MISCELLANEOUS MAPS OF THE RECORDS OF THE
COUNTY RECORDER
OF THE COUNTY OF ORANGE, CALIFORNIA.During the public hearing, the
City Council found facts as follows:I. The applicant, Meredith J. Martini, is
proposing to construct an accessory second housing unit attached to the back of the garage
in back 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 subject site is presently developed with one
single family dwelling
5, Access to the new accessory housing unit will be from Harwood Street.
NOW, THEREFORE, BE IT RESOLVED that Conditional Use Permit 2230-98
is granted for the following
reasons:1. The above recitals are true and
correct.2. The Conditional Use Permit is granted upon sound principles of land use and
in response to services required by the
community.3. The project will not cause deterioration of bordering land uses or create
special probkms 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 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 2230-98 is
granted subject to th~: 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 proposed accessory structure architectural style and materials shall match
the existing main residence, as per approved 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. 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's office. A
copy of the r~:corded document shall be provided to the Department of Community
Development to be r~:tained in
the project file.5. 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 mising out of its approval of this permit, save and except that caused by
City'
s active negligence.Reso
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. All of this project's approved conditions shall be incorporated onto the first sheet of the
project's construction drawings.
8. The new addition shall utilize wood windows to conform to the profile of the existing wood
windows in the existing residence in lieu of aluminum or steel.
The following code provisions are applicable to this project and are included for information
only. This is not a complete list ofrequirements, 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), 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.
City of Orange Ordinance 3-94 requires all roof coverings to be fire retardant U. L. listed
or ICBO Evaluation Report Class
A.Ifnot utilized within two years of the date of Planning Commission approval, this
conditional use permit shall
expire.3 Reso No.
Adopted the 22nd day of September, 1998,
ATTEST:
UAAA0~G~Ad
City Clerk ofthe y 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 22nd day of Sept, , 1998,
by th,~ following vote:
AYES: COUNCIL MEMBERS: MURPHY, SLATER, COONTZ, ALVAREZ
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: SPURGEON
Reso No. 9012 4