RES-8551 Granting Conditional Use Permit No. 2037-93RESOLUTION NO, 8551
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
CONDmONAL USE PERMIT TO ALLOW A DENSITY
BONUS FOR THE DEVELOPMENT OF FOUR SENIOR
HOUSING UNITS UPON PROPERTY SITUATED ON
THE NORTHWEST CORNER OF ORANGE STREET
AND WALNUT AVENUE.
Conditional Use Permit 2037-
93 Duncan and Alice
Clark
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 63-93, that Conditional
Use Permit 2037-93 be granted to allow a density bonus for the development
of four senior housing units upon property situated on the northwest comer of
Orange Street and Walnut Avenue, the City Council considered Conditional Use
Permit 2037-93 and determined that the recommendation of the Planning Commission
should be upheld and Conditional Use Permit 2037-93 be granted.
Subject property is
more particularly described as follows:Lot 24 of
Block A of Thermalita Tract During the public hearing, the City
Council found the following facts:1. The applicants propose the development of
4 senior citizen housing units on a parcel in the R-3, or Multiple Family
Residential District. The property address is 500 North Orange Street, a parcel situated on
the northwest comer at Walnut Avenue,one block east of Glassell Street, near Chapman
University. The center line of Walnut Avenue is also the northern
boundary of the Old Towne District.2. Under the property's general plan
designation, the project site is limited to the development of two (2) residential
dwelling units. However, the state law provides for a density bonus when
affordable housing units are proposed. The applicants applied for a conditional use permit to
allow the total development of 4
3. The proposal consists of two buildings. One is a single-story
bungalow that is designed as a duplex with a reflective floor plan. The other building
includes one dwelling unit and a common garage on the ground level, with another unit
situated upstairs, over the garage. Each apartment would have only one bedroom and
would vary in size from 480 to 520 square feet. The garage is designed to accommodate
the minimwn parking requirement for a senior housing project: One space per
dwelling unit. The garage takes access from a public alley which is adjacent to the project site'
s rear property
line.4. The proposal conforms to all development standards that are
contained within the City's zoning ordinance with one exception: the proposed dwelling units
are slightly smaller than a minimwn 550 square feet that is nominally required for a
one-bedroom senior apartment. However, under state planning laws, the City is
encouraged to consider "concessions" that would allow a developer some flexibility in
meeting those standards if the project helps fulfill the City's need for affordable
housing.5. The project satisfies the City's development standards according to
a buildable "envelope" that is defined by existing lot lines. Potential improvements
to the adjacent right-of-way could make that envelope approximately
20 percent smaller.6. According to the "City Master Plan of Streets and
Highways," a diagram that was adopted with the General Plan Circulation Element,
Walnut Avenue is designated as a secondary street with a "Special Study Corridor"
overlay. According to the descriptive text contained within the Circulation Element, "the City
plans to study these street sections in conjunction with the study of the Old
Towne network to determine if a downgrade in street classification from Secondary
status could be accomplished without adversely affecting overall operating conditions.
Until a special study indicates otherwise, these street sections will continue to
be classified
as Secondary roadways".7. During staff evaluation of the project, the
City Traffic Engineer determined that there is no need to require a dedication of the applicant'
s property at this time. If Walnut Avenue is eventually widened, the development would
be left with a side yard of 2'-0" for the single story building, and 0'-0" for the
two story building.Lot coverage would increase from 34 to 43 percent. The applicant'
s density bonus would increase from 85
to 133 percent.8. The ultimate width of Walnut Avenue is crucial to
the project. Orange Municipal Code Section 17.72.040 states that the front yard requirement
for any zone shall be measured from the ultimate right-of-way line, with
the ultimate width of the street being determined by the Master
Plan (of Streets and Highways)".
Reso.
9. The Planning Commission considered the entire project dependent on the
status of Walnut Avenue, an issue that not within their purview, yet inseparable from
the planning process. The Planning Commission therefore recommends approval of
this project only if no additional right-of-way
is required.NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Orange that Conditional Use Permit 2037-93 be granted for
the following reasons:1. The request was reviewed upon the basis
of analysis and evaluation contained within a staff report, with community
participation, and in response to services required
by the community.2. The proposal is generally compatible with
surrounding residential land use and should create no special problems for this particular area so
long as Walnut Avenue
is not widened.3. The proposal is consistent with the General Plan Land
Use Map, Land Use and Housing Elements for this area, but the project is not
compatible with the Circulation Element unless a modification is authorized
by City Council.BE IT FURTHER RESOLVED that Conditional Use
Permit 2037-93 be granted subject
to the following conditions:1. The project is approved as a Senior
Citizen Housing Project, and intended for elderly residents. Occupancy of the project is
limited to individuals age 62 years or more (with a maximmn
of one other occupant).2. At least one unit shall be occupied by a
household that qualifies under the state's (Department of Housing and Community Development)
definition of low
or moderate income families.3. The owner will annually report, under penalty of
perjury, the ages and incomes of all occupants of the approved project. The
owner will further respond,within 30 days, to any officially written request to provide
the same information, if requested by the City of Orange (or the Orange
Redevelopment Agency) and
delivered by certified mail.4. Conditions no. 1 through no. 3 shall apply for the
life of the project.5. The project will include a concrete masomy
block wall along the northern property line, to a height of 3'-6" in the front yard; and 6'-0" to
a point 10 feet east of the western property line, and 20 feet west of the
eastern property line. All SSH:
aii
other fences and walls, if constructed, shall match the materials and design of the
required fence within the front yard. The applicant shall prepare and submit a fencing
plan, with a landscape and irrigation plan, for review and approval by the Design
Review Board.
6. All future plans shall remain in substantial compliance with all planssubmittedto, and approved, by the Planning Commission, as well as the specifications
and asswnptions contained within the staff report.
7. All garage doors must be controlled by an automatic door opener.
The following code requirements apply to this project and are listed here for
information purposes. This is not a comprehensive list of all ordinance requirements:
All structures shall comply with the requirements of Municipal Code Chapter
15.52 (Building Security Standards, Ord. 7-79), relating 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 compliance. This will be reviewed in plan check by the
Crime Prevention Bureau prior to approval of a building
permit.Development fees will be tabulated and payment required upon the issuance of
a building permit. Fees include, but are not necessarily limited to, the
following:Sanitation District, Sewer Connection, Transportation System
Improvement Program (TSIP), Major Bridge and Thoroughfares, Park Acquisition,
Police Facilities, Fire Facilities, Eastern Foothill Transportation Corridor,
School District Development, Building Division plan check, permit issuance,
inspection and plan recordation
fees.Any conditional use permit expires if it is abandoned or inactive for a period
of 24 months from the date of approval. An extension of time may be
permitted upon a written request, if received before the expiration
deadline.ADOPTED this 28 th day of November,
1995.
i
d
eATI'
EST:iJCdk;~City Clerk of ity of
Orange Reso. No. 8551 SSH:
ajj
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 November , 1995, by the following vote:
A YES: COUNCIL MEMBERS: MURPHY, BARRERA, MAYOR COONTZ, SPURGEON, SLATER
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
J6Cti?..d
ity Clerk of City of Orange
SSH:ajj Reso. No. 8551
5