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RES-8290 Granting Conditional Use Permit No. 2029-93RESOLUTION NO. 8290 A RESOLUTION OP THE CITY COUNCIL OP THE CITY OP ORANGE MODIFYING THE RECOMMENDATION OP THE PLANNING COMMISSION OP THE CITY OP ORANGE AND GRANTING A CONDITIONAL USE PERMIT TO ALLOW OUTDOOR WEDDINGS AND OTHER PRIVATE RECEPTIONS OR EVENTS UPON PROPERTY SITUATED AT 349 NORTH RENEE STREET. CONDITIONAL USE PERMIT 2029- 93 APPLICANTS: BURL AND MICHELLE GREGORY 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-56-93, that Conditional Use Permit 2029-93 be granted to allow outdoor weddings and other private receptions or events upon property situated at 349 North Renee street, the city council considered Conditional Use Permit 2029-93 and determined that the recommendation of the Planning Commission should be modified and Conditional Use Permit 2029-93 be granted. Subject property is more particularly described in attached Exhibit "A".During the public hearing, the city council found the facts more particularly set forth as follows:1. The property is generally located north of Avenida Palmar,between Crawford canyon Road and Rancho santiago Boulevard.Access is derived by easement from the northern terminus of Renee Street. Secondary access is provided by an easement across a private parcel at 5235 Avenida Palmar. The project site's street address is 349 N. Renee st.2. The site is an agglomeration of 3 parcels containing 1.222 acres and a 0.688- acre portion of an adjacent public school site.3. The property is located in a single family residential district (R-1-6).4. Consideration of a use that is proposed as similar in character to other uses permitted in an R-1 district by conditional use permit, in accordance with Orange Municipal Code (O. M.C.) section 17.10.040. The applicant proposes to conduct outdoor weddings and other events from an historic residential property.5. A proposal to provide a parking area with variations in parking design criteria, consistent with O.M.C. section 17.76.070, subdivision M. 6. The applicants' property consists of 3 parcels. Parcel 1 or " family residence, and several accessory buildings in a landscaped environment. This parcel is approximately 24,393 square feet. Parcel 2 (or "Lot 2") is undeveloped, and measures approximately 14,070 square feet. The third parcel is a driveway measuring 627 feet (or one-eighth mile) long,and 23.53 feet wide. It is a legally subdivided lot that runs along the south edge of an adjacent elementary school site, and it is owned by the applicants.7. The residence is a victorian structure that is listed in the city's historic inventory as "eligible for Local Landmark designation." It was originally built in 1881 as the primary residence on the former Jones Ranch, and moved to its present location in 1976. Other historic structures on site include a water tower and a windmill.8.The property is tank and wholly Avenida Palmar. classifications located partially behind a municipal behind residential tract development Surrounding land use and zoning include: water along Undeveloped land in an A-I ( Agricultural) District,dedicated to the County of Orange as permanent open space, to the north and the east.A single family residential tract in the R-1-7 District,to the south.An undeveloped elementary school site located in the R-l- 7 District, to the west.Santiago Middle School in the R-1-7 District, to the northwest.9. According to a copy of a parcel map that was submitted with this application (No. 81-768), the applicants were granted an easement for vehicular and pedestrian ingress and egress" across a portion of the property adjacent to their southerly property line ( Lot 8, Tract 8235), addressed 5235 Avenida Palmar.10. The property' s General Plan land use designation is defined within the East Orange General Plan Amendment of 1976: Residential 2 (Low); 1-2 dwelling units per acre.11. The applicant (Mrs. Gregory) is a bridal consultant who organizes weddings at several locations, including historic residences in other cities. The applicants have recently, in their own words, "hosted weddings and receptions, fund raisers, school old fashioned days, (and) many other events"at their personal estate.Beginning in the summer of 1992, residents in the adjacent tract made persistent complaints about the applicant' s functions. The applicant was eventually notified that such events are not consistent with the permitted use of the property. This application was submitted to seek the city' s approval of these functions as a permitted use.12. The proposal is to allow the weekend residential site (i.e., estate grounds) for private parties of no more than 200 persons. The house is their private residence, and the applicants do not propose to use the residential structure during any of these functions. The applicants state that all events would be scheduled on Saturdays and Sundays only, and limited to hours between 9:00 A.M. and 9:00 P.M. (Refer to application supplement dated August 31, 1993.) 13. The applicants submitted a rudimentary site plan with an indication of existing improvements in both yards, where assemblies would take place. Several color copies of photographs have also been submitted to show how the yards are arranged during events. 14. To provide an adequate number of off-street parking spaces,an unimproved parking area is proposed upon the adjacent elementary school site. The applicants have obtained a permit that authorizes the temporary use of a portion of land for a period of 20 years. The proposed parking area is adjacent to their residential property and private driveway.It measures 300 feet long and 100 feet deep.15. The house sits in the central portion of the lot, between deep front and rear yards. The applicant's second parcel Lot 2) is fenced off and is not a part of the project application.16.While the property is approximately 3 times this zoning district.property on 3 sides.zoned R-1-6, this parcel is larger than the minimum lot size for The property also abuts undeveloped 17. The parking ordinance affords some flexibility in the design of parking lots through the conditional use permit process.O.M.C. Section 17.76.070 apparently contains no limitations on the extent of variation in design criteria. However,section 17.76.085 does contain specific standards for maintenance and operation of temporary parking areas. None of the standards have been addressed within the applicants'proposal. However, those standards are actually identified as suggested development criteria ( subdivision 0). The standards are further undermined by the applicant's inability to make permanent improvements to the parking facility, as the property is borrowed from the school district. The terms of that agreement are not yet known,but a condition is recommended to ensure that approval of this request is contingent upon the agreement with the school district.18. The Environmental Review Board considered this proposal at a meeting on August 18, 1993. Several concerns were identified and detailed extensively within the accompanying environmental assessment. Those concerns have not been duplicated here, so the Planning commission is asked to look to the environmental document for consideration of those 3 Reso issues. 19. A petition was submitted to support this application. For ease of reference, the residence of each person who signed the petition is plotted on the vicinity map, with a dot (0). All signatures on page 2 were collected within the limits of the vicinity map, as well as those of the applicants and an individual on Ryals Lane, on page 1. Other signatures on page 1 were collected from outside the immediate vicinity, and are not shown on the map. 20. The Planning Commission may wish to consider the issue of adaptive reuse," which is defined in the draft zoning ordinance update as a "use of property within a particular zone that would otherwise not be permitted, but may be allowed where circumstances indicate that such re-use may constitute an effective means of ensuring economic viable use of a designated cultural resource when compatible with the surrounding neighborhood." [This wording is merely a definition, and not intended to apply to a regulation that is not adopted.]Judging by external appearances, the structure is reasonably well preserved. It is undoubtedly an historic resource,even if it is not located in the original setting. Allowing the property to be utilized for other uses is one way for the community to share in the wealth of cultural resources.21. O.M.C. Section 17.10.040 specifies several uses that may be permitted in an R-1 District upon review and approval of a conditional use permit. Some of those uses include:churches, museums, libraries, nurseries and preschools,pUblic playgrounds and athletic fields, horticultural nurseries, and residential day care.The Commission is not asked to make a decision concerning the similarity of this particular request with those uses,but whether the request is appropriate in regard to criteria set forth by O.M.C. Section 17. 92.020:1) A conditional use permit should be granted upon sound principles of land use and in response to services required by the community.2) A conditional use permit should not be granted if it will cause deterioration of bordering land uses or create special problems for the area in which it is located.3) A conditional use permit must be considered in relationship to its effect on the community or neighborhood plans for which the area is located.4) A conditional use permit, if granted, should be made Subject to those conditions necessary to preserve the general welfare, not the individual welfare of any particular applicant.Reso No. NOW, THEREFORE, BB IT RESOLVBD by the city Council of the city of Orange that Conditional Use Permit 2029-93 be granted for the following reasons:1. The use approved herein shall not cause deterioration of adjacent land uses, including residential development, nor will it create special problems in the vicinity, so long as the use is consistent with all conditions of approval.2. The proposal was reviewed in relation to the comprehensive plans for the area where it is located, including the East Orange General Plan Amendment of 1976.3. The use is approved subject to 15 conditions that are necessary to preserve the general welfare, rather than individual welfare of the applicants.BE IT FURTHER RESOLVED that Conditional Use Permit 2029-93 be granted subject to the following conditions:1. Approval is limited to an aggregate total of no more than 52 events such as weddings, fund raisers, and other private events, per calendar year. Frequency of events shall be limited to one per weekend, except that two events may be held on a single weekend once per calendar month. In no case shall the aggregate total of 52 events per year be exceeded. A maximum limit of 200 guests shall be admitted per event.2. No preparation or outdoor events will begin prior to 9:00 a.m.3. The property access drive must be entirely paved to the full width between the applicant's parcel and Renee Street. This condition shall be fully satisfied within 180 days of approval of this conditional use permit. Failure to satisfy this condition within the time specified shall result in this conditional use permit being automatically rendered null and void without necessity of further action being taken by the Planning Commission or City Council.4. All ingress and egress between the applicant's property and public streets shall be via Renee Street and the applicant's driveway, a separate legal lot that is 23.53 feet wide and 627 feet long. There shall be no use of property on Parcel 8, Tract 8235, that is associated with the use permitted herein.5. Valet parking service shall be provided by the applicant.Vehicle storage must be condensed within the open parking area so that vehicles be parked one-way, in tandem, to provide an adequate number of parking spaces (80). All guest vehicles shall remain on property that is owned (or licensed to) the applicant. Guest parking is not permitted in the access drive or any easement.5 Reso 6. If, for any reason, the written agreement with Orange Unified School District granting use of its adjacent property for parking is interrupted or terminated, weddings and other private parties shall cease and desist until an adequate parking solution is approved by the Planning Commission, and implemented to the satisfaction of the Director of Community Development. 7. The use of public address and other sound amplification systems is prohibited in the front yard. The applicant must also resolve existing noise created by automotive traffic over the metal track for the existing electric gate. 8. All music and other forms of live entertainment shall occur only in the applicant's backyard, to the north side of the existing residence. 9. Lighting must be controlled so that adjacent parcels are shielded from direct illumination and glare. 10. Persons attending private events shall be admitted by invitation only. Events may not be opened to allow general admission, and admittance fees will not be charged. 11. All activities shall conclude and all guests shall exit the premises by 8:30 p.m. 12. The applicant shall be responsible for the control of guest activities related to the permitted use. Calls for police service generated by the business shall be monitored by the Crime Prevention Bureau to determine the level of service that is used in response to complaints about or upon the facility. Should the level of police services demonstrate that the applicant has not controlled excessive or unnecessary activity resulting in high use of police services, then at lest one licensed, uniformed security guard must be provided for each fifty people or fractional number thereof. The security officer must be present during all hours of operation, and 1 hour following. Should the level of police services continue to demonstrate that the security officer has not controlled excessive or unnecessary activity, then the conditional use permit shall be referred to the City Council for modification to conditions of approval, or possible revocation. 13. Caterer must have, on his or her possession or display, an Alcoholic Beverage Control license to serve or dispense alcoholic beverages. 14. No events shall occur before the applicant satisfies condition number 3. Reso No. 8290 6 T- .~~~ Adopted this 11th day of January 1994. GENE BEYER Mayor of the city of Orange ATTEST: By: C) 1l2d' ~ O~ A:. g GAA'AJ..___ C~ Clerk f tQif ~ty of Orange AYES: NOES: ABSENT: ABSTAIN: COUNCIL MEMBERS: SPURGEON, BARRERA, COONTZ, MURPHY COUNCIL MEMBERS: NONE COUNCIL MEMBERS: MAyOR BEYER COUNCIL MEMBERS: NONE SSH:dg Reso No. 8290 7 r-