RES-9024 Granting Conditional Use Permit No. 2232-98RESOLUTION NO. 9024
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 835 NORTH
LINCOLN STREET.
Conditional Use Permit 2232-
98 Applicant: Howard
Morgan
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 55-98 that Conditional Use Permit No. 2232-98 be granted
to allow an accessory second housing unit upon property located at 835 North Lincoln Street in
the City of Orange, State of California, the City Council considered Conditional Use
Permit 2232-98 and determined that the recommendation of the Planning Commission
should be upheld and Conditional Use Permit 2232-98 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 15301.The subject property is
more particularly described as follows:THE SOUTH 100 FEET OF THE NORTH 450 FEET
OF THE WEST 156 FEET OF THE NORTHEAST QUARTER OF LOT I
IN BLOCK E OF THE CHAPMAN TRACT, SURVEYED BY
FRANK LECOUVROUR IN 1870, IN THE CITY OF ORANGE, AS SHOWN ON
A MAP RECORDED IN BOOK 102, PAGE 5, OF MISCELLANEOUS MAPS,
IN THE
OFFICE OF THE COUNTY RECORDER.During the public hearing, the City
Council found facts as follows:I. The applicant, Howard Morgan, is proposing
to construct an accessory second housing unit above an addition to the back of the existing garage
next to his existing residence.2. The accessory unit will be 616 sq. ft. in area
and will have two bedrooms.3. The proposed structure's architectural style
will
match
4. The subject site is presently developed with one single family dwelling unit and a
two-car garage, connected by a
breezeway.NOW, THEREFORE, BE IT RESOLVED that Conditional Use Permit 2232-
98 is grantl~d for the
following reasons:I. 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 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
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 the: following conditions to preserve the general welfare and not the individual
welfare
of the applieant: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 rear balcony shall
be deleted entirely.3. 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 311sing out of its approval of this permit, save and except that caused by
City'
s active negligence.4. 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.5. The applicant shall incorporate the final list of approved conditions on the first
sheet of the project's construction drawings, as part of any submittal for
building plan check.The following code provisions are applicable to this project and
are included for infonnation only. This is not a complete list of requirements, and other
code
provisions may apply.Reso
New construction shall comply with the requirements of Municipal Code - Chapter 15.52Building
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.
If not utilized within two years ofthe date of Planning Commission approval, this conditional
use permit shall expire.
Adopted the 13th day of October, 1998.
ATTEST:
a
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 13th day of October, 1998,
by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
MURPHY, COONTZ, SPURGEON, ALVAREZ
SLATER
NONE
NONE
3 Reso No. 9024