RES-8128 Granting Conditional Use Permit No. 1971-92RESOLUTION NO. 8128
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE UPHOLDING THE RECOMMENDA-
TION OF THE PLANNING COMMISSION OF THE
CITY OF ORANGE AND GRANTING A CONDITIONAL
USE PERMIT TO ALLOW AN ACCESSORY SECOND
UNIT IN THE R-1-6 ZONE
UPON PROPERTY SITUATED AT 247
SANDPIPER CIRCLE CONDITIONAL USE
PERMIT 1971-92
APPLICANT:
JAIPAUL SWAMIDASS RECITALS:After report thereon by the Planning
Commission and after due public hearings as required by law, and
after receiving the recommendation from the Planning
Commission, recommending, by Resolution No. PC 56-92, that Conditional
Use Permit 1971-92 be granted to allow an accessory second unit
in the R-I-6 zone on property situated
at 247 Sandpiper Circle, the City Council considered
Conditional Use permit 12971-92 and determined that the
recommendation of the Planning commission should be upheld and
Conditional Use Permit 1971-92 be
granted. Subject property is more particularly described as follows:Lot
14 of Tract No. 8745 as per map recorded
in Book 385, Pages 37 to 40 inclusive
of miscellaneous maps in
the Office of the County Recorder of said County.During
the public
hearing, the City Council found the facts as follows:1. That
the applicant is requesting approval of a conditional use permit to
allow construction of an accessory second unit in the R-I-6
zone, a variance to allow an unenclosed parking space to be
located between the residence and pUblic right of way, and an
administrative adjustment permit to allow a 3.5 foot reduction in
the required 20 foot rear yard setback. The project site is
located at the northeast portion of the Sandpiper circle cuI
de sac, north of Ryals Lane, addressed 247 Sandpiper Circle.
Orange Municipal Code section 17.10.040 requires
final city Council action on all requests for accessory second
units.2. That at their initial public hearing the Planning Commission
expressed concern with the scale and massing of the project and
the potential impact that the proposed unit may have on
the adjacent property to the south. Concern was also expressed with
regard to the precedent that might be set by allowing
parking directly adjacent to the front door between the residence and
public right of way,
and whether adequate emergency access can be provided at this
location.3. That at a subsequent public hearing, the Planning
accessory second unit from the south side of the residence to the
north side and by reducing the unit's height from two to one
story. The proposed accessory second unit will have a 636 square
foot floor area in conformance with the maximum 640 square foot
floor area permitted by Code. Plans indicate that the unit will
have a five foot side yard and a 40 foot rear yard in conformance
with R-I-6 zone building
setback requirements.4. That three enclosed and one open parking space
are proposed with this application providing the minimum number of
off street parking spaces required by Code. The variance
requested concerns the open parking space which is proposed to be
located outside the 20 foot front yard setback, between the residence
and public right of way. A minimum 36 inches of
unobstructed access clearance between open parking space and the
building entrance will be provided, in conformance with Fire
Department
safety standards.5. That also proposed is a substantial addition to
the primary residence. This addition includes construction of a
family room,interior first floor bedroom, laundry room, and
dining room expansion on the first floor. Second floor
additions will include a garden room and interior bedroom. All
two story portions of the proposed addition to the
primary residence conform to R-
I-6 setback requirements.6. That Ground floor construction also
includes a new first floor bedroom addition which originally was to
be located at the rear of the residence, but has been relocated
to the south side of the building, in essentially the
same location as the originally proposed two story second
unit. Plans indicate that this single story bedroom addition will be set
back 5 feet from the south side property line and 16.5 feet
from the rear property line in conformance with Orange
Municipal Code requirements for single story structures. The south
side bedroom addition will also be provided with a second story
deck located directly over the bedroom. A 20 foot rear yard setback
is required for this two story deck structure. To allow the deck to
encroach 3.5 feet into the required 20 foot rear yard
setback, approval of an administrative
adjustment permit is required.7. That the Planning
Commission recommended approval of Conditional Use Permit 1971-
92, Variance 1930-92 and Administra-tive Adjustment Permit 92-
15. It was the Planning Commission's opinion
that the redesigned project mitigates initial concerns regarding the scale and
massing of the project and impact on adjacent property.
Off street parking provided is adequate to support the potential parking
needed for the project. Due to the unique
property configuration, the only reasonable location for the required open parking
space is outside the front door as proposed.
Consequently, approval of the applicant's variance request is justified
in this circumstance and does not constitute the granting of
a special privilege inconsistent with use of other R-I-
6 zone property. The second story deck located over the
south bedroom addition to
to have significant impact to adjacent property due to existing
landscaping which provides adequate screening of the site.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Orange that Conditional Use Permit 1971-92 be granted
for the following
reasons:1. The proposed accessory second unit provides a service
desired by the community in response to sound land use
practices.2. The proposed accessory second unit will not
cause deterioration of bordering land use or create special
problems for the
area.3. The proposed project is in conformance with General Plan
land use and housing goals for the
area.4. Conditions have been included which will preserve the
general
welfare.BE IT FURTHER RESOLVED that Conditional Use Permit
1971-92 be granted subject to the
following conditions:1. That the accessory second dwelling unit
shall be constructed in substantial compliance with plans approved
by the Planning commission and City Council, and floor area
shall not exceed a maximum of 640
sq. ft.2. That roof materials, siding, colors and
windows match the
existing structure.
CODE REQUIREMENTS:That either the existing single family dwelling unit,
or the accessory second unit shall be occupied by the owner
of both units. No additional independent living units
shall be provided
on site.The owner shall record an agreement with the
Orange County Recorder's Office, approved in form by
the Community Development Department and City Attorney, which
shall set forth the requirements of Code section 17.10.040
in addition to other conditions of approval imposed by
the Planning commission or the City Council. A copy of
this recorded agreement shall be submitted for inclusion in
this file prior to
building occupancy.That the accessory second dwelling unit or
the contiguous land area surrounding the unit shall not be
sold separately from the existing primary residence, but said
second unit may
be rented.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,3-
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. This will be reviewed in a plan check by the
crime Prevention Bureau prior to building permit approval.
An illuminated address of four inches in height is required,
shall be contrasting in color to the background and visible
to approaching vehicles and located at the front entry door
area.
The accessory second unit shall be assigned a new address
number.
Payment of a TSIP fee as required by City Ordinance.
If not utilized, Conditional Use Permit 1971-92,
Variance 1930-92, and Administrative Adjustment 92-15
will expire two years from
the approval date.ADOPTED this 12th day
of
January 1993.
ATTEST:Cit~~~i~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 12th
of January , 1993,by
the
following
vote:
AYES:NOES:
ABSENT:COUNCIL
MEMBERS:COUNCIL
MEMBERS:
COUNCIL MEMBERS:NONE SPURGEON, STEINER,
MAYOR
BEYER,
BARRERA,
COONTZ NONE d~~~~City Clerkf the
it$' of Orange Reso No. 8128