RES-8727 Granting Conditional Use Permit No. 2162-96RESOLUTION NO. 8727
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 SITUATED ON THE EAST
SIDE OF KIMBARK LANE, 20 FEET SOUTH OF
LEWIS DRIVE.
Conditional Use Permit 2162-
96 Applicant: Anton
Marinkovich
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 54-96, that Conditional Use Permit 2162-96
be granted to aIlow an accessory second housing unit upon property situated on the east side
of Kimbark Lane,20 feet south of Lewis Drive, the City Council considered Conditional Use
Permit 2162-96 and determined that the recommendation of the Planning Commission
should be upheld and Conditional Use Permit 2162-96 be granted. Subject property
is
more particularly described as foIlows:Lot 4, Tract 14293, recorded in Book 685,
Pages 47 and 48 MisceIlaneous Maps in the Office of the County Recorder of
the City
of Orange, County of Orange.During the public hearing, the City
Council found facts as foIlows:1. The applicant, Anton Marinkovich, is proposing
to construct an accessory second housing unit behind his new principal residence. The accessory unit will be
640 sq. ft. in area and will have a bedroom, bathroom, kitchen and living room.
The proposal includes two open parking spaces to be located to the south of the accessory unit and a
garage space located to the west of the accessory unit. (The principal residence
will have two garage spaces.)2. The subject site is presently undeveloped
and planted with orange trees.3. The applicant has submitted building plans for
the principal residence on the subject site. These plans are presently in building plan check
and construction of the principal residence is anticipated to
start about November 1,1996.4. The Planning Commission did express a
concern that accessory housing units could have an adverse impact on the City's single
took advantage of the second unit provisions. The Planning Commission's concerns were in
regards to the potential increase in traffic and noise associated with adding an accessory housing
unit behind a principal residence and the potential loss of the single family atmosphere.
5. Since the State Law began allowing for accessory second housing units in 1982,
the City Council has approved approximately 20 such residential units (the City adopted its own
Accessory second Housing Unit Ordinance in 1989). The City's Code Enforcement ~ivision
records indicate that with the exception of one applicant illegally adding onto an approved
accessory housing unit, there have not been any complaints regarding the additional accessory
second housing residences.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange that
Conditional Use Permit 2162-96 be granted for the following
reasons:1. The proposed use serves a community purpose by providing low cost housing
for the
elderly.2. The proposed structure's architectural design is cornpatible with the design of
the proposed principal residential
structure.3. The proposed accessory housing unit will not have an adverse irnpact
on surrounding resident's views and living environment due to its placement towards the middle
of the subject site and behind the principal
structure.BE IT FURTHER RESOLVED that Conditional Use Permit 2162-96 be
granted subject to the
following conditions: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. Prior to issuance of building permits for the accessory second housing
unit, and agreement approved in form and substance by the City Attorney, which sets
forth the requirements of Orange Municipal Code Section 17.l0.040.H, 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, and on file with the Department
of
Community Development 3. The applicant shall submit for a building permit for the accessory
second housing unit (separate from the principal residence). The occupancy permit for the
accessory second housing un it shall not be issued until after the occupancy permit for the principal
residence has
been issued.4. The project resolution is not effective unless it is signed by
the applicant indicating andacknowledging his/her understanding of the conditions imposed
herein. The Reso No.
failure of the applicant to sign this permit in no way shall be deerned to confer any greater rights
than are contained in this permit.
5. By signing and accepting the resolution, the applicant accepts the benefits
conferred by the permit subject to the conditions imposed herein.
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
ofthose laws in connection with the use will be cause for revocation of this permit.
8. 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 Major
Thoroughfare and Bridge Program.
9. Every building shall be accessible to Fire Department apparatus by an access
roadway of not less than 20 feet of unobstructed width having a minimum vertical clearance of
13' 6". The access roadway shall be extended within 150' of all portions of exterior walls of the
first story of any building.
10. All structures 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.
Specifications, details, or security notes may be used to convey the compliance. (This will be
reviewed in building plan check by the Crime Prevention Bureau prior to issuance of building
permits.)
11. 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.
12. If not utilized within two years of the date of City Council approval, this
conditional use permit shall expire.
Adopted the 14th day of January, 1997. /'/'"/ '_,
iL t:l ,t. d/ /V? 2-Z/;~Mayor Joanne
Coontz i i eso No,
8727
V
ATTEST:
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
January, 1997, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCIL MEMBERS: SLATER, COONTZ, SPURGEON. ALVAREZ
COUNCIL MEMBERS: NONE
COUNCIL MEMBERS: MURPHY
COUNCIL MEMBERS: NONE
G~dc;7~A'
City Clerk of the City of Orange
Reso No. 8727
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