RES-8647 Granting Variance No. 2008-95RESOLUTION NO. 8647
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE UPHOLDING THE RECOM-
MENDATION OF THE PLANNING COMMISSION OF
THE CITY OF ORANGE AND GRANTING A VARIANCE
TO ALLOW AN ACCESSORY SECOND HOUSING UNIT
AND TOTAL AREA OF ALL ACCESSORY
STRUCTURES TO EXCEED MAXIMUM SQUARE
FOOTAGE ALLOWED BY CODE.
VARIANCE 2008-
95 APPLICANT: STEVE
LORITZ
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 7-96, that Variance 2008-95 be
approved to allow an accessory second housing unit and total area of all accessory
structures to exceed maximum square footage allowed by code, the City Council
considered the Planning Commission recommendation and granted Variance 2008-95. Said
real property is more particularly described in
Exhibit "A" attached hereto.Upon the public hearing before the City Council,
the
following facts were established:1. The applicant, Mr. Steve Loritz, is proposing to
construct a detached accessorystructure on a 1.5 acre property. The property is
zoned R-1-40 (Residential-Single Family District, one acre minimum lot size), and is currently
developed with an existing :1:2,000 sq. ft. residence. The proposed new accessory structure
has a total combined floor area of 1:2,931 sq. ft., consisting of an accessory second
dwelling unit, a garage, horse stable and tack/supplies room.
The square footage breakdown is
as follows:Accessory 2nd
unit (2 story)
Garage (36' x
25')Stable (4
stalls)Tack/Supplies (
Storage)798 sq.
ft.900 sq.
ft.986 sq. ft.247 sa. ft.
2,931 sq. ft. (Combined Total Area)2. The conditional use permit request is to
allow an accessory second housing unit on the property in an R-l district. The variance request
the maximum 640 sq. ft. requirement, and to allow the combined area of the overall
structure (including the second unit, garage, stable and storage area) to exceed 50 percent
of the primary residence as follows:
Accessory Second Housing Unit
Code Required
Min. 450 sq. ft.
Max. 640 sq. ft.
Max. 50% of Primary
Residence (:i:2,000 sq.ft)
Proposed
798 sq. ft.
Accessory Structure
Combined Total Area)
2,931sq.ft.
147%)
3. The applicant states that the new unit is intended to be used as a guest house for
visitors staying on a short term basis only (no more than 1 week). The unit does, however,
contain a kitchen and City Code would allow it to be rented on a long term basis. The
applicant also intends to renovate and add-on to the existing residence to increase its
size from 2,000 sq. ft. to approximately 8,000 sq. ft. The applicant would reside in the
new unit during construction of the new addition to the primary
residence.NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City
of Orange that Variance 2008-95 be granted for the
following reasons:1. There are unique circumstances and hardship applicable to this property
as it is relatively large insize (1.5 acres) with a relatively small existing
primary residence.The strict application of the zoning ordinance would deprive the property
of privileges enjoyed by other properties in the vicinity that are under the same
zoning classification.2. The appropriate conditions have been placed upon approval of
this variance request to assure that it would not constitute a grant of special privilege
inconsistent with the limitations upon other properties in the vicinity and zone in which the
subject property
is located.BE IT FURTHER RESOLVED that Variance 2008-95 be granted
subject to
the following conditions:1. Project development shall occur in substantial conformance with
plans as approved by the Planning Commission or the City Council, and as modified
by conditions herein.2. Prior to issuance of building permits, an agreement approved in form
by the City Attorney, which sets forth the requirements of Section 17.14.060A
of the Orange Municipal Code, and other conditions of approval, which may be imposed
by the Planning Commission or the City Council, shall be recorded with the Orange
County Recorder's Office, and kept on file with the Department
of Community Development.
Reso
The following Code provisions are applicable to this project and are provided for
the applicants information. This is not a complete list of requirements and other Code
provisions may also apply.)
Prior to issuance of building permits, grading plans shall be submitted to the
Department of Public Works for approval. (Please note that a separate grading plan check
fee is required)
Prior to issuance of building permits, payment of applicable development fees shall
be required, including but not limited to the following:
Transportation System hnprovement Program Fee
Fire Facility Fee
Police Facility Fee
Sanitation District Fee
School District Fee
Water Main Connection Fee
East Orange County Water District Fee
Indicate on the plan where the existing fire hydrants are located. Additional
hydrant(s) may be required. If additional hydrants are required, the following shall apply:
Provide on-site fire hydrant(s) and mains capable of supplying the required
fire flow. The hydrant model and on-site location shall be approved by the
Fire Department and have a three (3) foot minimum clearance around the circumference of the
tire hydrant.The on-site hydrants shall not be controlled by thecontrol valve (P.I.V.)
for the sprinkler system so that water flow to the hydrant is not impaired should the
sprinkler system be shut down for any reason. (U.F.C. 10.206 and 10.301) The
fire department connection shall not pressurize a hydrant. Plans must be submitted to
the Building Department.The number and location of hydrants shall be determined by
Fire
and Water Departments.Prior to issuance of a fire service (detector check) the required
water supplies for hydrants and tire sprinkler systems shall be determined and the water
supplies shall be approved by
the Fire Department.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 of
13 feet 6 inches of vertical clearance. The access roadway shall be extended to within
150 feet of all portions of the exterior walls of the first story of any building. V.F.C.
Sec. 10.207.
Reso
All mechanical gates shall be provided with a key-operated override per City
of Orange Ordinance 9-84. And a manual release in case of
electrical failure.City of Orange Ordinance 3-94 requires all roof coverings to be fIre
retardant D.L.listed Class A. The eaves shall be fIre stopped and enclosed with approved
material at the eaves ends to preclude entry of flame or embers under the roofmg
material. Openings into attics, floors or other enclosed areas shall be covered with corrosion
resistant wire mesh less than one fourth inch more than one half inch in any dimension
except where such openings are equipped with sash or doors. In addition, a spark arrester
is required on chimneys, maximum one half
inch screen required.If not utilized, Variance 2008-95 shall expire two (2) years
from date of approval.ADOPTED this 11
th
of June 1996.AITEST:City Clerk of
e ity 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 11 th day of June, 1996,
by the following vote:AYES: COUNCIL MEMBERS: MURPHY,
BARRERA, COONTZ. SPURGEON. SLATER
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE Reso
No.
ALTA PLAIN LANGUAGE
POLICY (RESIDENTIAL)OR-
9415556-A TITLE OFFICER -
ROBLES EXIllBIT "
A"ALL THAT CERTAIN LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE,
CITY OF ORANGE. DESCRIBED AS
FOLLOWS:THAT PORTION OF SECTION 24, TOWNSHIP 4 SOUTH, RANGE 9 WEST, IN THE LAND ALLOITED
TO PAULA PERALTA DOMINGUEZ IN DECREE OF PARTITION OF THE RANCHO SANTIAGO DE
SANTA NA, RECORDED IN BOOK "B" OF JUDGMENTS OF THE 17TH JUDICIAL DISTRICT COURT
OF CALIFORNIA, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS
FOLLOWS:BEGINNING AT THE NORTHWEST CORNER OF THE 82.84 ACRE PARCEL OF LAND DESCRIBED
IN DEED TO GEORGE H. RANDELL. RECORDED APRIL 13, 1920 IN BOOK 338 PAGE 374, OF DEEDS,
SAID NORTHWEST CORNER BEING ON THE SOUTHERLY LINE OF LAND BELONGING TO THE
JOTHAM BIXBY COMPANY; THENCE SOUTH 85 DEG. 29' WEST 379.95 FEET; THENCE NORTH 4 DEG. 31'
00"WEST85.31 FEET; THENCE NORTH 35 DEG. 50' 15" EAST205.47 FEET; THENCE NORTH 84 DEG.
18'EAST 120.66 FEET; THENCE SOUTH 32 DEG, 44' 30" EAST 134.20 FEET; THENCE SOUTH 4 DEG.
31'00" EAST 85.00 FEET TO A POINT IN A LINE PARALLEL WITH AND DISTANT 40.00
FEET NORTHERLY FROM THE SOUTH LINE OF SAID BIXBY LAND; THENCE NORTH 85 DEG. 29' 00"
EAST PARALLEL WITH SAID SOUTHERLY LINE TO A LINE WHICH BEARS NORTH 8 DEG. 42 DEG.
00"WEST FROM THE POINT OF BEGINNING; THENCE SOUTH 8 DEG. 42' 00" EAST 40.11 FEET TO
THE POINT OF
BEGINNING,PAGE