RES-8246 Granting Conditional Use Permit No. 2017-93RESOLUTION 110" 8246
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGB UPHOLDING THE RECOIlHENDA-
TION OF THE PLADING COJOlISSION OF THB
CITY OF ORANGB UD GRANTING A COIIDITIOHAL
USB PBRMIT TO ALLOW COH'1'IlIIUING USB OF THE
UNIVBRSITY' S STUDBB'1' BBAL'l'R CBH'1'BR UD TO
ALLOW PLACBJIBH'l'/RETBB'1'ION OF MODULAR
STRUCTURES TO BOUSB THE USB UPON PROPBRTY
SITUATBD AT THE IIORTIl1fBST CORNBR OF ORANGB
STREBT UD SYCAMORE AVBlIIUB"
COIIDITIOHAL USB PBRKIT NO" 2017-
93 APPLICAlIlTI CHAPDlf
UNIVBRSITY RECITALS
I After report thereon by City staff and after due
public hearings as required by law and after receiving a
recommendation from the Planning Commission, recommending, by Resolution No.
PC-34-93, that Conditional Use Permit 2017-93 be
granted to allow continuing use of the University's student Health
Center and to allow placement/retention of modular structures to
house the use upon property situated at the northwest corner
of Orange street and Sycamore Avenue, the City Council
considered Conditional Use Permit 2017-93 and determined that
the recommendation of the Planning Commission should be upheld
and Conditional Use Permit 2017-93 should be granted.
Subject property is
more particularly described as follows:Lot 14 in Block "A" of W.H.H.
Clayton's subdivision of part of Richland Farm Lot No. 13, in
the city of Orange, County of Orange, State of California as
per map recorded in Book 4, page 6 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. The project site
is a rectanqular shaped parcel,approximately 6600 square feet
in size, located at the northwest corner of Orange Street
and Sycamore Avenue
at 404 North Orange Street.2. The applicant is requesting
approval of a conditional use permit to allow continuing use
of the University's student health center in the
R-4 (RCD) zone (residential maximum multiple
family, residential combining district), and to allow placement/retention
of modular structures to house the use. The permit is
requested
for an unlimited period of time.orange Municipal Code Section
17.34.030 requires issuance of a cup to permit a college or
school use in the R-4 District.Orange Municipal Code
a conditional use permit to move any existing structure onto
a building site from another location.
The provisions of the Chanman Colleae Snecific Plan will
govern all property on the west side of the 400 block of
North Orange street at such time as the University acquires
all parcels on the block face. until that time, the
standards of the R-4 (RCD) District
prevail.3. The subject property is occupied by two modular
structures,one approximately 36' x 60' in size, and the other
approxi-mately 30' x 14'. Together the structures house the
student health
center.4. This property was subject to Conditional Use Permit
1617,issued on October 12, 1987. Conditional Use Permit
1617 granted Chapman College a permit to establish a college
use in the R-4 zone (Wellness Center), and to move
one modular building onto the property. The Conditional Use
Permit was issued under the condition that the use would
be temporary;condition '4 states "This Conditional Use Permit
shall be valid for a maximum period of two years from
date of approval. Any extension shall be granted only after
a new pUblic hearing
is conducted."5. On February 12, 1988 the City issued a building
permit to place the 36' x 60' modular building on the site,
as allowed by Conditional Use Permit 1617. This
building currently exists on the Orange st. frontage. At some
time subse-quently, a second modular building, approximately 30'
x 14'in size, was placed on the site to the west of
the permitted building. The second structure was not
authorized by conditional use permit, and there is no record
that a building permit was obtained. The second structure
is an expansion of the student health center, and
contains offices for
two counselors.6. In March of 1989, the City Council approved
the Chapman College Specific Plan" This plan functions as
the "zoning ordinance" for the University, specifying the
type and location of uses permitted, as well as
the development standards for construction projects. As a
result of adoption of the Specific Plan, the subject
property was given an additional zoning overlay classification
of SP.Its current zoning is R-4 (RCD) (SP) -
residential maximum multiple family, residential combining
district,
specific plan.7. Although the subject property has the SP
zoning designation,the site is subject only to the provisions of the
R-4 (RCD)classification at this time. This is because
of a provision added to the Specific Plan, under
City Council Resolution 7231, at the time of Specific Plan
adoption. provision 'IS states that no PI (public institution)
zoning or college uses be allowed on the west side of Orange
Street, until the full block facing Orange Street is
acquired by the University. At this time, Chapman university owns
9 of the Reso
11 parcels on the block facing orange street.
8. Because the health center was an existing, permitted use,
located at its present site at the time the Specific Plan
was adopted, it is unclear as to the Council's intent in
adopting provision 15 with regard to its continued operation
vs abatement. Attached is a memorandum, entitled
Application of the Chapman College Specific Plan" that
provides an in depth analysis of this issue, and amends
provision 15 to allow Chapman University to apply for a new
conditional use permit to extend the use of the health
center.
9. This request is threefold:
1) To permit the University Health Center in the R-4 (
RCD)
zone,2) To permit the continued use of the 36'x60'
modular building on the easterly portion of the
site,3) To permit the location of a second modular building
on the property, 14'x30' in size, on the westerly
portion of the
property.10. There is no new construction or relocation of
modular structures requested with this application. However,
the modular building located on the westerly portion of the
site was placed without required permits, as an expansion of
the permitted use. Therefore, this permit is an "after
the fact" request to authorize placement of the
second
structure.11. The applicant has no definite plans to incorporate this
use into another building and has requested that
this application be granted without a time
limitation.12. Conditional Use Permit 1617, authorizing establishment
of the University health center on this site, was valid for
the two year period from October 12, 1987 to October 12,
1989.The health center has continued to operate since
expiration of the
permit.13. Subsequent to establishment of the health center at
this location, substantial planning and construction
have occurred on campus. The Specific Plan was adopted in
1989,a residence hall was completed on the north side of
Walnut Avenue, and the Campus Center was constructed on the
west side of Center
st.14. This conditional use permit application addresses both
the college use in the R-4 zone, and the placement
of modular buildings on the site. In reviewing this
application, the Commission must evaluate whether the
University Health Center is compatible with the adjacent residential
uses, and whether building placement complies with
zoning standards and minimizes impact on the
adjacent properties.15. In order to approve this conditional use permit, the
PC must ResoNo.
address the following findings:
A. A conditional use permit should be granted upon sound
principles of land use and in response to services
required by the community.
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.
16. The Health Center has existed on this property for
approximately 6 years, and there is no record of complaints
regarding its operation. The Health Center is open from 8
a.m. to 5 p.m. Monday through Friday, and is closed on
weekends. within the two modular structures there are six
offices, and currently only five employees at the facility
at anyone time. All activity occurs indoors.
17. The two structures have been placed on the site in a manner
generally conforming to zoning ordinance setback require-
ments. In approving Conditional Use Permit 1617, the PC
granted an administrative adjustment for a l' deviation in
the required side yard adjacent to Sycamore Avenue. The
setback was approved at 9' instead of 10' as required by
code, because of availability of modular buildings in
standard sizes only. The front yard setback from Orange
Street is 18'9" to the face of the building. Although this
setback is slightly less than the 20' required by the
Historic Preservation Design Guidelines for Old Towne, the
structure was permitted and placed in accordance with R-
4 standards (minimum 10') prior to the adoption of the
Design Guidelines by ordinance. The westerly building is set
back approximately 15' from Sycamore, and setbacks of
both buildings from the northerly and westerly property
lines comply with the ordinance. It should be noted,
however,that the entry ramps and/or landings of both
buildings project into the required side yard areas, in a
manner inconsistent with zoning ordinance
requirements.18. Lighting and climate control units on the buildings
are generally oriented to minimize impact on the
adjacent residences, with the exception of one light fixture
located above the door facing the northerly property
line.19. Another aspect of the evaluation of the modular buildings
is compatibility with the Old Towne District. As
further Reso No. 8246
discussed in Negative Declaration 1433-93, the majority
of the 400 block of N" Orange st. is occupied by small
scale residential structures, dating from 1906 to 1923.
Although the subject property is heavily landscaped to soften
the lines of the modular structures, they have an
inherently different character than that of the historic structures
on the block. This block is, however, relatively isolated
from other historic blocks and structures by the
Chapman University
campus.20. Under Conditional Use Permit 1617, no on-site
parking was required for the health center" The University'
s main parking lot is located directly across Sycamore
Avenue and provides readily accessible parking for the
health center.Although the approved site plan showed the
westerly portion of the property in landscaping, an asphalt parking
area was created at some point. That parking area is now
covered by the
second structure.21. In accordance with the Specific Plan, Chapman
University has prepared and maintains a traffic and
parking management plan. The Specific Plan requires that additional
parking be provided upon completion of new
construction projects resulting in a cumulative increase of
classroom capacity greater than 10%, and when the number of
full time equivalent students increases more than 10%
between one academic year and the next. Because of the small
scale of the Wellness Center project, no additional
parking
is required.22. The University is not permitted to utilize
any other properties on the 400 block of N. Orange for
purposes other than residential until it acquires all properties
on the block. 476 and 490 N. Orange are still under
the ownership of others. The University is involved in an
ongoing attempt to acquire the properties as they become available.
It is still uncertain as to if and when these
properties may become part of the
University campus.NOW, THEREFORE, BB IT RESOLVED by the City Council
of the City of Orange that Conditional Use Permit
2017-93 be granted for
the following reasons:1. The student health center provides a service
required
by the community.2. The low profile of the buildings and the
landscaping on the property help the buildings blend
into their surroundings with minimal impact on
the surrounding streetscape.3. The operation of the structures
during regular business hours will not cause deterioration of
bordering land uses.BB IT FURTHBR RESOLVED that Conditional
Use Permit 2017-93 be granted subject
to the following conditions:
1. within two days of the final approval of this project, 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 the County administrative 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 for
the project granted herein shall be void.
2. obtain building permits for the second modular building.
3. Pay all applicable fees, as are in effect at the time of
building permit issuance, for the second modular unit,
including, but not limited to TSIP, fire facilities, police
facilities, school fees.
ADOPTBD this .l2.tll... day of October 1993.
ATTBST:
7J1/~H~ ~~~
City Clerk the' y. Orange
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 ~ of October , 1993,
by the following vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS: SPURGEON, MAYOR BEYER, COONTZ, MURPHY
COUNCIL MEMBERS: NONE
COUNCIL MEMBERS: BARRERA
PJ??d:U~ ~ ~~-/7city
Cler of t CVfy of Orange Reso
No. 8246 SSH:dg 6