RES-8329 Continuing the Requirement for a Conditional Use Permit for One Year for DevelopmentRESOLUTION NO. 8329
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ORANGE CONTINUING THE
REQUIREMENT FOR A CONDITIONAL USE
PERMIT FOR ONE YEAR FOR DEVELOPMENT
OF MORE THAN TWO UNITS ON LOTS
SUBJECT TO ZONE CHANGE 1159-
93.
RECITALS:By Resolution No, 8199 adopted on August 24, 1993, the City Council
of the City of Orange oyerruled the Planning Commission and approved
Negative Declaration 1425-93, General Plan Amendment 3-93, and
Zone Change 1159-93.The real property subject to reclassification
under said General Plan Amendment and Zone Change (the "
property") is as follows:504 to 816 East Culver Avenue (even
numbers on south side);406 to 447 South Cambridge Street (eyen
numbers on west side);425 to 447 South Shaffer Street (odd
numbers on east side);400 block Pine Street, parcels 2 and 3 (
810 East Culver subdivision).In Resolution No. 8199 the City Council
adopted an additional mitigation measure to Negative
Declaration 1425-93 as follows:4. The City staff will promptly prepare
and process for City Council consideration, through normal City
procedures, an ordinance requiring a Conditional use Permit for any deyelopment project that
would result in more than two dwelling units on any R-2-6 lot in
the City of Orange. Pending City Council consideration and adoption or denial
of such an ordinance, no building permits shall be issued for any construction or
improyements that would result in more than two dwelling units on any lot subject
to Zone Change 1159-93 unless the City Council, after duly notice public
hearing, grants a permit therefor based on the findings required under the
Orange Municipal Code for a Conditional Use Permit and an additional finding that the proposed
dwelling units in excess of two on the affected lot will not haye
a significantly greater impact on public resources and infrastructure or on the single
family scale of the streetscape than
would two dwelling units on the same lot."Pursuant to mitigation
measure No, 4 of Negatiye Declaration 1425-93, the Planning Commission of the
City of Orange held a duly adyertised hearing on Noyember
1,
1993,
require a conditional use permit for any construction and improvements that result
in more than two dwelling units on any lot. Further, the Planning Commission
recommended that such conditional use permit application be subject to making the
necessary findings required under Orange Municipal Code Section 17.92.020A and
certain additional findings .
At its hearing on January 25, 1994 the City Council heard testimony on an
ordinance requiring a CUP for any R-2 development that would result in two
units anywhere in the City; howeyer, it was the general consensus of the City
Council that such an ordinance was too far reaching and that a solution to sensitiye
develop-ment should be specific to those properties subject to Zone Change
1159-93.The City Council continued action on the ordinance recommended
by the Planning Commission and directed staff to meet with residents of the
Culver Street rezone area to address concerns relating to sensitiye deyelopment of
the newly approyed
zoning ofR-2.At a meeting between staff and residents on February 9,
1994, the neighbors agreed that an interim CUP process to review new deyelopment of
more than two units per lot on Culyer Street would be acceptable to fill the gap
until the new Zoning Ordinance/Old Towne Guidelines could be adopted. One
of the property owners expressed concern that the interim conditional use permit be
limited to a specified time period rather than to the adoption of a
new zoning ordinance.Hearings by the Planning Commission in connection with adoption
of a new Zoning Ordinance/Old Towne Design Standards were concluded on
April 4, 1994 and will be presented to the City
Council for consideration.At its March 8th, 1994 meeting the City Council
heard additional testimony and determined that an interim procedure was necessary which
would require a CUP for deyelopment of more than two units pending completion
of the zoning code update
now in progress,As part of the CUP process, staff will be prepared to
address, and provide information regarding, infrastructure capacity and compatibility
with the single family residential character
of the neighborhood.NOW, THEREFORE BE IT RESOLVED by the City Council
of the City of
Orange as follows:1. During a period of one year from this Resolution's
date of adoption,no building permits shall be issued for any construction
or improyements that would result in more than two dwelling units on any lot subject
to Zone Change 1159-93 unless the City Council after duly noticed public
hearing, grants a permit therefor based on the findings required by state and local law
for
a conditional use permit.Reso,
No,
2. This Resolution shall be effectiye for one year from the date of
adoption by the City Council.
3. Seyerability. Should any sentence, section, clause, part, or provision
of this resolution be declared invalid, the same shall not affect the yalidity of the
resolution as a whole or any other part thereof.
ADOPTED this 28th day of June 1994.
4r)ri- a/ftfjl~
City Clerk the #Orange
GENE BEYER
Mayor of the City of Orange
BY:~~ tfr~t(
yor Pro Te
ATTEST:
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 28th day of June , 1994, by the following vote:
AYES: COUNCIL MEMBERS: BARRERA, COONTZ, MURPHY
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: SPURGEON, MAYOR BEYER
J1~A'~ ~ ~~/
City Clerk the C oafrange
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