RES-8533 Granting Conditional Use Permit No. 2114-95RESOLUTION NO, 8533
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 A CONDITIONAL USE PERMIT TO
ALLOW AN ACCESSORY SECOND DWELLING
UNIT UPON PROPERTY SITUATED AT 282 NORTH
MAGNOLIA STREET.
Conditional Use Permit 2114-
95 Robert
Setten,
Applicant
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 23-95, that Conditional Use Permit 2114-
95 be granted to allow an accessory second dwelling unit upon property situated at
282 North Magnolia Street, the City Council considered Conditional Use Permit 2114-95
and determined that the recommendation of the Planning Commission should be upheld
and Conditional Use Permit 2114-95 be granted. Subject property is
more particularly described as follows:Tract 600, Lot 4, Block CC and N 6 ft., Lot 6,
Block C City of
Orange,County of Orange, California During the public hearing, the City Council
found the facts as follows:1. The project site is zoned R-I-6 (Single Family
Residential, minimum 6,000 sq. ft, lot size). Accessory second dwelling units are permitted in
the R-I-6 zone subject to approval of a conditional use permit. with
initial public hearing by the
Planning Commission and final determination by the City Council.2. The site is developed
with two structures: a I-story single family residence containing approximately 1,064 sq.
ft. and a 2-story accessory structure containing approximately 1,960 sq, ft, The accessory structure'
s first floor consists of a 2-car garage, I-car garage, laundry area, and a kitchen, which
has a spiral stairway that leads to a second floor bedroom and bath.Two
additional rooms, each with outdoor entrances and bathrooms. are on the second floor.
The accessory structure with the electrical and plumbing improvements and the spiral stairway was
built with building permits issued
at different times. The kitchen was constructed without benefit of a building permit 3.
second dwelling unit, The proposal requires substantial modifications to the existing structure.
First floor modifications include eliminating the kitchen, separating with walls the laundry and
the proposed garage work shop area, eliminating the interior spiral stairway and installing an
exterior stairway at the southeast end of the building. and eliminating the exterior stairway
along the west elevation. Second floor modifications include eliminating the balcony along the
south elevation, creating a sun deck at the building's east end by removing interior floor space,
and rearranging the floor plan so that the primary living spaces living room and bedroom) are
along the east side of the building and the secondary spaces (kitchen and bathroom) are along
the west side. The structure's roofwill be removed above the sun deck and the eaveline along
the north side will be cut back to resolve a water draining problem. The building elevation
plans show the removal of the balcony and west stairway, and a revised window pattern, which
places smaller windows along the north and west elevations to mitigate the potential impact to
the privacy of neighboring residents to the west and north.
4, The Planning Commission considered the proposal at public hearings held on July 3,
and August 7, 1995, and recommended that the City Council approve Conditional Use Permit
2114-95 based upon the following
findings:A State law requires the city of Orange to provide for accessory second
dwelling units in single family and multiple family residential zones. The applicant's proposal
is consistent with State and City
requirements.B. Accessory second dwelling units provide for affordable housing, which
is needed by the Orange
community.NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Orange that Conditional Use Permit 2114-95 be granted for the
following reasons:1. State law requires the City of Orange to provide for accessory second dwelling
units in single-family and multi-family residential zones. The applicant's
proposal is consistent with
State and City requirements.2, Accessory second dwelling units provide for affordable housing, which
is needed
by the Orange community,BE IT FURTHER RESOLVED that Conditional Use
Permit 2114-95 be granted
subject to the following conditions:1. All improvements described in this request shall be
constructed with prior approval of building permits, and shall be completed within one year of
the conditional use permit's approval date, Extension of the construction time period
will require City Council approval,by placing the request on the Consent Calendar, and shall only be granted if
it is shown that the applicant has been diligent through
the permit and construction phase.2. The project use shall occur in full compliance with
the plans the description approved
as part of this application.3. Prior to the issuance of building permits. the property
owner
with the Orange County Recorder's Office, approved in form by the City Attorney, setting
forth the requirements of Orange Municipal Code Section 17.IO,040(H) and all other
conditions of approval imposed by the Planning Commission or City Council. The agreement
shall explicitly limit the property use to two dwelling units maximum.
4. Prior to issuance of a certificate of occupancy, the property owner shall provide street
trees in the parkway along Magnolia Street in accordance with City requirements.
5, Prior to issuance of a certificate of occupancy, the property owner shall remove or
modifY the existing front yard fence to be in compliance with the zoning requirements.
6. Prior to issuance of a certificate of occupancy, the property owner shall repair or
replace the accessory structure's rain gutters to enable maximum efficiency.
7. The property owner shall install automatic garage door openers on the three garages,
This improvement shall be reflected on the plans submitted to the Building Division and shall
be verified prior to issuance of a certificate of occupancy.
8. Prior to the issuance of a certificate' of occupancy, the side yard gate across the
driveway shall be modified to allow for continued access to the on-site parking and contain
the property owner's
dog.9. The property owner shall make the following revisions to the proposal in order
to mitigate the potential impact upon neighboring property owner's privacy: construct a
mansard style roofto the first floor around the sun deck, reduce the sun deck by 4 ft. in width and 4
ft.in length, and install a screen (lattice) along the inside edge of the mansard roof The
mansard roof shall be of the same pitch as the existing
structure.The following code provisions are applicable to this project and are included for
information only. This is not a complete list of requirements, and the other code provisions may also
apply.Prior to issuance of building permits to convert the existing square footage to
a residential unit, the applicant shall pay all applicable development fees, including
but not limited to: Transportation System Improvement Program (TSIF), Fire
Facility,Police Facility, Park Acquisition, as
required.The structure shall comply with the requirements of Municipal Code - Chapter 15.52
Building Security Standards), which relates to use of specific hardware, doors,
windows, lighting, etc. (Ord. 7-79). The "Approved Products List 6/94" is
available from the Building
Division.ADOPTED this ~th day of October
1995.J ---,
l' 7' ~::f'C7~/~jM:
ayor of the City of Or I
j
3
ATI'EST:
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 ~ th of
October, 1995, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
MURPHY, BARRERA, MAYOR CCONTZ, SPURGEON, SLATER
NONE
NONE
NONE
Reso. No. 8533 SSH:dh
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