RES-8154 Granting Conditional Use Permit No. 1984-92RESOLUTION NO. 8154
A RESOLUTION OF THB CITY COUNCIL OF THB
CITY OF ORANGB UPHOLDING THB RECOMMENDATION
OF THE PLANNING COMKISSION OF THB CITY OF
ORANGB AND GRANTING THB SUBDIVISION OF
PROPBRTY SITUATBD AT THE NORTHBAST CORNER
OF MCPHBRSON AND PEARL STREETS.
CONDITIONAL USB PBRMIT 1984-
92 APPLICANTS: JOHN AND GRACE
AOU
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-80-92, that Conditional Use
Permit 1984-92 be granted to allow development of
an 8-unit condominium project upon property situated at the
northeast corner of McPherson and Pearl streets, the City
Council considered Conditional Use Permit 1984-92 and determined
that the recommendation of the Planning Commission should be upheld
and Conditional Use Permit 1984-92 be granted.
Subject
property is more particularly described as follows:Lot 1, 2, and 3
in Block B of Town of McPherson,in the City
of Orange, County of Orange, as shown on map recorded
in Los Angeles, Book 1, Page 140 in the
Office of County Recorder of Orange County.During the public
hearing, the City Council found the
facts more particularly set forth as follows:1. The project site
is a rectangle shaped 24,300 square foot parcel, located
at the
northeast corner of McPherson and Pearl Streets.2. The
applicant is requesting approval of a tentative tract map and
a conditional use permit application to allow development of an
eight unit condominium project located in the R-2-6 (
Residential
duplex, minimum lot size 6,000 square feet)district.
Orange Municipal Code section 17.66.040 permits the
establishment of condominiums in any residential zone subject to
the approval of a conditional use permit. A condominium development project
must have a minimum of five units and be accompanied
with an application for a tentative tract map as provided
for in Title 16 of the Orange Municipal Code.3. The
project site is a relatively flat parcel of land
which has been previously developed with a
single family residence and associated accessory buildings. All previous
structures have been removed from the site,
4. The City's General Plan Land Use Map designates the
site Low/Medium Density Residential (6-15 units per
acre).5. Surrounding land use and zoning is as
follows:
north-
south-east -
west -Water
Department pump station, zoned R-2-
6,duplex lots across Pearl Street, zoned
R-2-6,multiple family
development, zoned R-2-6,parking lot for
a nearby office building, zoned C-1 (Limited
Business). The City run day laborer hiring
hall is located approximately 250 feet northwest
of the site across McPherson Street.6. McPherson and
Pearl streets are both local streets having a 60 foot right of
way width. Chapman Avenue is located one block south of the project
site and is designated as an augmented primary arterial roadway with
a 100 foot right of way width on the City's
Master Plan of Streets and Highways.7. The applicant is
proposing the development of an eight unit condominium project.
Plans indicate that the proposed units will be grouped in
four, two story duplex buildings. Adjacent buildings will have a
15 foot separation provided with entry walkways and landscaping. The
project will provide a 15 foot landscaped front yard setback on
Pearl Street, and
10 foot side and rear yards.8. Each unit will contain 1,
623 square feet of floor area with three bedrooms, two
full bathrooms provided on the second floor and kitchen, dining room,
living room, powder room on the first floor. Elevations
show that the proposed duplex buildings will have a
maximum height of 27.5 feet.9. An attached two car
garage will be available to each unit. In addition, four open
guest parking spaces will also be provided on site. Parking access will
be provided by a 25 foot wide two
way driveway located off Pearl Street.10. All existing
landscaping remaining on site from the former residence will be removed.
Each unit in turn, will be provided with its own private
yard space as well as common landscape area (plans indicate that
33% of the site will be provided in landscaping). A fix
foot high block wall will be constructed on the side and
rear property lines. The wall will be located four feet off
the public sidewalk on McPherson to allow landscaping in
this parkway area. In addition, all interior and
rear units will have gated entries.11. The proposed project
plans are in conformance with R-2-6 zone
development standards. Plans indicate that the project will provide a 15 foot yard
facing Pearl Street, a 10 foot street side yard on McPherson street,
and 10 foot rear yard per the requirements of Orange
Municipal Code sections 17.26 140 and 17.26.150 respectively. The
10 foot interior side
east property line exceeds Code requirements by five feet.
Orange Municipal Code section 127.26.170 requires a minimum
eight foot separation between buildings on site. The project
will provide a 15 foot building separation exceeding minimum Code
requirements. Building elevations show that the proposed
structures will comply with the maximum 30 foot building height
limit permitted by Code.
12. Orange Municipal Code section 17.76.040 requires that
the proposed project provide 2.2 parking stalls per unit of which
at least one stall per unit shall be covered and a minimum of 2
spaces per unit shall be provided as easily accessible guest
parking. Plans show that an attached two car garage will be
available to each unit in conformance with Code requirements.
Four open guest parking spaces will also be available on site
providing two additional guest parking above minimum Code parking
requirements. The individual unit driveways have an 18 foot
depth off the 25 foot wide common driveway allowing vehicles to
park completely off the common access. No significant off street
parking impact is anticipated with this project.
13. Staff does, however, have an aesthetic concern with
regard to the extensive driveway and parking area paving located
down the center of the site due to the driveway's visibility from
Pearl Street. Plans indicate that the parking area will contain
decorative paving and landscaping which may provide some
mitigation of staff's aesthetic concerns (refer to submitted site
plans for landscaping and decorative paving locations). In their
review of the project, the Design Review Board recommended that a
hedge be planted near the south end of the site to provide
screening of the parking area from Pearl street. The City's
Landscape Coordinator has determined that the mature landscape
trees remaining on site are not significant and consequently, no
impact is anticipated with their removal and replacement with new
landscaping associated with this project.
14. Due to the project's relative small size, no signifi-
cant impact to traffic circulation on nearby local streets is
anticipated, however, the project may have an incremental impact
to Chapman Avenue circulation located one block to the south.
Recent traffic surveys indicate that Chapman Avenue traffic
volume is approaching maximum roadway design capacity. The
proposed project will generate approximately 64 vehicle trips per
day, while not considered significant, will add to existing heavy
Chapman Avenue traffic volumes. Payment of a TSIP fee as
required by City ordinance may provide for adequate mitigation of
project generated traffic impacts. The TSIP fee program is used
by the City to provide mitigation of project related traffic
impacts which may occur some distance from the immediate project
vicinity The City uses the money collected to pay for the
construction of necessary street improvements. Please refer to
Negative Declaration 1415-92 and accompanying
environmental evaluation for further traffic impact
analysis.3-Reso No.
15. The Environmental Review Board examined this project at
five different meetings and recommended changes which have been
incorporated into the current submittal. The proposed eight unit
condominium project is in conformance with General Plan Land Use
and Housing goals for the site and appears compatible with
existihg development in the area. Residential development within
the project vicinity is of a similar scale and density.
16. As part of this submittal, the applicant has included a
tentative tract map to authorize a one lot subdivision for
condominium purposes. Prior to issuance of final occupancy
permits, the applicant must form a homeowner association and
record appropriate C,C & R's to ensure the adequate maintenance
of all common areas and parkway landscaping. If the applicant
chooses to lease the units prior to their sale, all lease
provisions must state that a condominium map has been recorded
for this project, and that the units may at some future date be
sold. Existing Planning, Zoning and Development laws appear to
only require notification for the conversion of apartments to
condominiums. New legislation enacted this year, effective
January 1, 1993 will require that tenants be notified by a
subdivider when a final map has been approved for a condominium
project (Assembly Bill 3013).
17. The Design Review Board reviewed this project at two
meetings and recommended approval subject to a number of
landscaping changes listed below under recommended conditions.
18.
fOllowing
requests:
A. A conditional use permit should be granted upon sound
principles of land use and in response to services required
by the community.
Orange Municipal Code section 17.92.020 lists the
criteria regarding the review of conditional use permit
B. 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.
C. A conditional use permit must be considered in
relationship to its effect on the community or neighborhood
plan for the area in which it is to be located.
D. 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.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the
city of Orange that Conditional Use Permit 1984-92 be granted
for the following
reasons:1. The proposed project provides housing
opportunities Reso No. 8154
desired by the community based upon sound land use principles.
2. The proposed project will not cause deterioration of
bordering land use or create special problems in the area.
3. The proposed project is in conformance with General
Plan goals for the area.
4. Conditions have been included which will preserve the
general welfare of the surrounding community.
BB IT PURTHER RESOLVED that Conditional Use Permit 1984-
92 be approved subject to the following
conditions:1. Prior to final occupancy, the applicant shall form
a homeowners association and record c,C & R's as approved by
the City Attorney, ensuring the continued maintenance of all
common areas and parkway
landscaping.2. If the project is leased prior to the sale of
any units, the lease provisions shall state that a condominium
map has been recorded for this project and that the units may be
sold at a future
date.3. within two days of final project approval,
the applicant shall deliver to the Planning Division a cashier'
s check payable to the County Clerk in an amount required
to fulfill the fee requirements of Fish and Game Code
section 711.4(d)(2) and County administration fee, to enable the City
to file the Notice of Determination required under Public
Resources Code section 21152 14 Cal. Code of Regulations 15075. If
the Planning Commission determined that there is no potential
impact to wildlife resources, the fee shall be $25.00. If the
applicant has not delivered the required fees within such two day
period,the approval granted herein shall be
void.4. Final landscape plans shall include the
following Design Review Board
recommendations:Provide screen shrub hedge for driveways that are
visible from the south edge of the development on Pearl
Avenue.Up-size the following plant material to 5
gallon shrubs:Justicea brandegeana - Shrimp
Plant Nandina domestica 'Nana Purpurea' - Heavenly Bamboo
Change street trees along Pearl Street to city designated
tree - i.e. Pyrus calleryana - Aristocrat Pear.5. Perimeter
fencing shall be of a non-climbable design,minimum
six (6) feet in height and of a solid construction.6.
Private street name to be approved by Street Name Committee
prior to posting and address assignment.5-
Reso No. 8154
7. Submit grading plan for review and approval prior to
building permit issuance.
ADOPTED this 9th y~;;~/
or
of . . :,- Orang.
ATTEST:
Cif!
ztf~~
j} qft~~~e I hereby
certify that the foregoing regularly adopted
by the City Council of regular meeting
thereof held on the 9th the following
vote:Resolution was
duly and the City
of Orange at a of March ,
1993, by AYES:NOES:
ABSENT:
COUNCIL
MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
NONE SPURGEON,
STEINER.
MAYOR BEYER, BARRERA,COONTZ NONE
zz ~ ~~
44J ~ '
W.<~ci ty
Clerk 0 me . y M Orange Reso No.
8154 6-SSH:dg