RES-8648 Granting Conditional Use Permit No. 2139-95RESOLUTION NO. 8648
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE UPHOLDING THE RECOM-
MENDA TION OF THE PLANNING COMMISSION
OF THE CITY OF ORANGE AND GRANTING A
CONDITIONAL USE PERMIT TO ALLOW
CONSTRUCTION OF AN ACCESSORY SECOND
HOUSING UNIT UPON PROPERTY SITUATED AT
6909 EAST OAK LANE.
CONDITIONAL USE PERMIT 2139-
95 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 6-
96, that Conditional Use Permit 2139-95 be granted to allow construction
of an accessory second housing unit upon property situated at 6909 East Oak
Lane, the City Council considered Conditional Use Permit 2139-95
and determined that the recommendation of the Planning Commission should
be upheld and Conditional Use Permit 2139-95 be granted. Subject
property is more particularly described
on Exhibit "A" attached hereto.During the public hearing, the City Council
found the facts as follows:1. The applicant, Mr. Steve Loritz, is
proposing to construct a detached accessory structure on a 1.5 acre property.
The property is zoned R-I-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.
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 is to allow the second unit to
exceed the maxim 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.
Proposed 798 sq.
ft.Accessory
Structure Combined Total
Area)Max.50% of
Primary Residence (:1:2,000 sq.
ft)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 that Conditional Use
Permit 2139-95 be granted for
the following reasons:1. The project 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, and therefore is not likely to cause deterioration
of bordering land uses or create special problems
for the area.2. The proposed project is compatible with the existing residential uses
in the area,since most of the surrounding properties area also zoned R-I-
40 (minimum one acre lot size), are intended for equestrian use (or other types of animals), and
it is not unusual to have large "barn" or similar
type structures in this neighborhood.BE IT FURTHER RESOLVED by the City Council of
the City of Orange that Conditional Use Permit 2139-95 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
2. Prior to issuance of building permits, an agreement approved in form by the City
Attorney, which sets forth the requirements of Section l7.l4.060A 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.
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 Improvement 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
fire hydrant.The on-site hydrants shall not be controlled by the control valve (p.LY.)
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 fire sprinkler systems shall be determined and the water
supplies shall be approved by the Fire Department.
Reso
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 fust story of any building.
V.F.C. Sec. 10.207.
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 fue retardant V.L. listed Class A. The eaves shall be fue 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, Conditional Vse Permit 2139-95 shall
expire two (2) years
from date of approval.ADOPTED this
11th
day ofJune, 1996.1 or of
the
City of Orange J 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 11th day of June, 1996,
by
the
following
vote:AYES:NOES:ABSENT:COUNCIL MEMBERS: MURPHY,
BARRERA, COONTZ, SPURGEON,
SLATER COUNCIL MEMBERS:
NONE COUNCIL MEMBERS: NONE
4.~f~~A;T City Clerk of
the ty
of Orange SSH:
dg
ALTA PLAIN LANGUAGE
POLICY (RESIDENTIAL)
OR-
9415556-A TITLE OFFICER -
ROBLES EXlllBIT "
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 ALLOTTED 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"
WEST 85.31 FEET; THENCE NORTH 35 DEG. 50' 15" EAST 205.47 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,
r
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