RES-8331 Granting Conditional Use Permit No. 2053-94RESOLUTION NO. 8331
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 MOVING
OF A RESIDENTIAL STRUCTURE ONTO PROPERTY TO BE
USED AS AN ACCESSORY SECOND UNIT UPON PROPERTY
SITUATED AT 1901 WEST PALMYRA AVEHUE.
CONDITIONAL USE PERMIT 2053-
94 APPLICAHT: AHTHOIIY J.
FAVREAU
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-6-94, that Conditional Use
Permit 2053-94 be granted, to allow moving of a
residential structure onto property to be used as an accessory second unit
upon property situated at 1901 West Palmyra Avenue, the
city council considered Conditional Use Permit 2053-94 and determined
that the recommendation of the Planning Commission should be
upheld and Conditional Use Permit 2053-94 be
granted. Subject property
is more particularly described as follows:Lot 3 of Parcel
Map 89-388, recorded in Book 270,Pages 13 and 14
in
the Office of the orange County Recorder.During the public
hearing, the
City Council found the facts as follows:1. The
applicant is proposing to move an existing structure
approximately 70 ft. northwest from its present location onto an adjacent
parcel, to be used as an accessory second housing unit.
The property is zoned R-1-6(Residential -Single Family
District, 6000 sq. ft. minimum lot size), and accessory
second housing units are allowed by conditional use permit,
with initial public hearing by the Planning commission,and
final review and determination by the City Council.2. The property
was the subject of a 4 parcel subdivision approved in 1989. The
applicant's current request is to move an existing
2 story residential structure onto the subject property parcel 3) from
an adjacent parcel (parcel 2), within the same subdivision. Parcel 3 is 9,
243 net sq. ft. in size, which is well over the 6,000 sq.
ft. minimum lot size required by the base R-1-
6 zone. Existing improvements on the property consist
of a single family
residence constructed at the easterly (rear)portion of the
lot.3. The proposed accessory second unit is an existing structure 2
stories in height, and 700 sq. ft. in size. The unit's
living space is constructed over a 2 car garage. The Variance
the code required 640 sq. ft. maximum unit size by 60 sq. ft.
The applicant stated that since there are existing tenants that
reside in the unit, reducing the unit's living space would create
a hardship for the tenants.
4. The applicant is also seeking financial assistance from
the city's Redevelopment Agency that will guarantee this as an
affordable housing project. Pending the outcome of this
application, the request for financial assistance will be
considered separately
5. The Planning commission considered the proposal at an
initial public hearing on March 7, 1994, and has recommended that
the city council approve Conditional Use Permit 2053-94
and variance
1962-94.HOW, THBREFORE, BB IT RESOLVED, by the City council
of the City of orange that Conditional Use Permit 2053-
94 be approved for
the following reasons:1. Given the relatively large front and
side yard setbacks provided in excess of minimum code
requirements, and the large amount of open yard space
available for recreational use, the property seems adequate in size
to accommodate the proposed accessory second unit, and to
provide a quality living environment. As such, the proposed
project is not anticipated to have a significant adverse
impact upon
its surrounding neighborhood.2. The project is considered to be a single family
use, and is therefore compatible with the
surrounding single family neighborhood. The project is also
consistent with the City's General Plan Land Use Designation
of Low Density Residential (2 to 6 dwelling
units per acre).3. The necessary conditions have been imposed
with this project to assure that the second accessory unit
and/or the contiguous land surrounding it cannot
be sold separately,and that the property remains as a
single family use.BB IT FURTHBR RESOLVED, that Conditional
Use Permit 2053-94 be granted subject
to the following conditions:1. Project development shall
occur in substantial conformance with plans as approved by the
Planning
Commission and city Council.2. Prior to issuance of building
permits, an agreement approved in form and substance by the City
Attorney, which sets forth the requirements of
Orange Municipal Code Section 17.10.040.H, and other conditions of
approval, which may be required by the Planning Commission
or the City Council,shall be recorded with the Orange
County Recorder's Office,and on file with the
Department of Community Development.3. Prior to issuance of building
permits, grading plans shall be reviewed and approved by the
Department of Public Works.
Please note that a separate grading plan check fee is
required) .
The following code provisions are applicable to this project
and are included for information only. This is not a complete
list of requirements, and other Code provisions may also apply.
Prior to issuance of building permits, applicant shall pay
all applicable development fees, including but not limited
to: Transportation system Improvement Program, Fire
Facility, Police Facility, Park Acquisition, Sanitation
District, School District, Major Thoroughfare and Bridge
Program.
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. U.F.C. section 10.207.
The Fire Department access roadway shall be an all weather
driving surface capable of supporting the imposed loads of
fire apparatus, 40,000 pounds and shall not exceed the angle
of departure for fire apparatus on any slope. U.F.C. 10.201
14.
The Fire Department access roadway shall be provided with
adequate turning radius or an approved hammer head turn
around for Fire Department apparatus. (A 40 foot outside and
20 foot inside radius.) U.F.C. 10.207
All structures shall comply with the requirements of
Municipal Code - Chapter 15-52 (Building Security Standards,
Ord. 7-79), which relates 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
the
compliance.ADOPTED this 10 th day of Mav
1994.GENE
BEYER Mayor of the city of
Orange
ATTEST:
7, " " /, ') . By: ~ l1t~
tllf l/....? 4-( /jf.-0" '.J cp~4 y;,/V ayor Pro
Tern ci y Clerk, of t~gYty of
Orange I hereby certify that the
foregoing regularly adopted by the City Council
of regular meeting thereof held on the
10 the following
vote:Resolution was duly
and the city of Orange at
a th of May , 1994,
by 3 Reso No.
8331
AYES:
NOES:
ABSENT:
Reso No. 8331
r-
Reso No. 8331
COUNCIL MEMBERS: BARRERA, MAYOR BEYER, COONTZ, MURPHY
COUNCIL MEMBERS: NONE
COUNCIL MEMBERS: SPURGEON
ill
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Z:d~? ,~ ~/ ~?;&' ,:;/;?Z./'City Clerk
f t C~ of Orange SSH:dg
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