RES-7798 Denying Appeal No. 384RESOLUTION NO. 7798
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE DENYING APPEAL NO. 384 AND
UPHOLDING THE RECOMMENDATION OF THE
PLANNING COMMISSION AND DENYING A
CONDITIONAL USE PERMIT TO GRANT A DENSITY
BONUS TO ALLOW CONSTRUCTION OF THREE
ADDITIONAL APARTMENTS UPON PROPERTY
SITUATED APPROXIMATELY 400 FEET NORTH OF
WASHINGTON AVENUE AT THE END OF PARK LANE
AT 180 S. PARK LANE.
Aooeal No. 384
Conditional Use Permit 1889-
91 Stewart
Berkshire
RECITALS:Applicant filed Appeal No. 384 after the Planning
commission denied Conditional Use Permit 1889-91 and
Negative Declaration 1364-91. By this appeal the Planning
commissions final action became a recommendation to
the City Council.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-5-91, that
Conditional Use Permit 1889-91 be denied for a density bonus
to allow the construction of three additional apartments on
a parcel containing twelve apartments upon property situated 400 feet north of
Washington Avenue at the end of Park
Lane at 180 S. Park Lane.The City Council
considered Conditional Use Permit 1889-91 of the Planning commission should
be upheld and Appeal No. 384 denied.The subject
real
property is more particularly described as follows:Chapman Tract
4059, Block C, Portion of Lot 4.During the public
hearing, the
City Council found the follow-ing facts:1. The
site is zoned R-3-A (Residential, Multifamily, One
Story Overlay) District and is designated "Low/Medium Density,Residential, " 6 to
15 dwelling units per acre, on
the City'S General Plan Land Use Policy Map.
2. The surrounding land uses include one story apartment buildings zoned
R-3-A to the west and south, an automobile service
use zoned C-2 (General Commercial) to
3. Public access to the site is via Park Lane, which
terminates in a cul-de-sac at the site. Park Lane is defined
as a Local street" by the city's Master Plan of streets
and Highways and is developed at its ultimate
right-of-way width.4. The majority of the site
is currently developed and contains a one story apartment building,
an attached 12 parking space garage, and 5 open parking
spaces. The apartment building contains 12 one bedroom units that are each
700 square feet in size. The apartment building
was built in 1972.5. The vacant portion of the
site is presently encumbered with a 10[ wide access easement across its
western side, and 20'wide access easement across it western side,
and 20 feet wide access easements across its northern
and eastern sides. The easements accommodate
abandoned city water lines.6. The applicant is proposing to
construct two, one story structures. One will contain three dwelling
units, and the other will contain three garage spaces and a
laundry room. The dwelling units will each contain two
bedrooms, bathroom, kitchen, and combination living/dining room. The dwelling
units will range from 806 square feet to 855 square
feet. The proposed residential structure will be located at the northern
end of the parcel.7. The following state Law and
information applies to the request for a density bonus and the renting
of three dwelling
units as affordable housing:A. California Government Code Section
65915 provides that a local government shall grant a density bonus
of at least 25 percent, and an
additional incentive, or financially equivalent incentive(s), to a
developer of a housing development agreeing
to construct at least:1. 20% of the units
for lower-income households; or 2. 10% of the units
for very low-income households; or 3. 50%
of the units for senior citizens.B. The applicant has indicated
that if the density bonus is approved, he will rent 3 (20%)
of the 15 apartments
on the site to lower-income households.The California
Health and Safety Code section 50079.5 defines households
of lower income as "persons and families whose income does not
exceed 80% of the area median income".8. The
City Attorney's Office reviewed the California Government Code Section
65915 regard to its application to an existing development, such
as the one proposed and determined that the State Law
requirement applies only to new developments. The city mav grant the density
bonus for the proposed project if it makes the findings
necessary to approve a conditional use permit,however, the city
is not reauired to
NOW, THEREFORE, BE IT RESOLVED by the city Council of the city
of Orange that Appeal No. 384 be denied and to uphold the
recommendation of the Planning commission to deny Conditional Use
Permit 1889-91 to grant a density bonus to construct
three additional apartment units at 180 S. Park Lane for the
following
reasons:1. That the project would have a detrimental impact on
its neighborhood by creating excessive parking demand and an
increase in
traffic.2. That the project does not provide a quality
living environment since the property is adversely affected by fumes
and noise from the the adjacent freeway on ramp, creating the need
for hermetically sealed" living units. Furthermore, the project
does not provide its residents a continuous and usable
outdoor recreational
area.3. That properties which are already developed
with residential units, the density bonus provisions of
California Government Code Section 65915 are not mandatory,
only discretionary. For the reasons stated, the city exercises
its discretion not to grant the density
bonus.ADOPTED this 23rd day of April
1991.
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 23rd day of
April 1991, by the following
vote:AYES: COUNCIL MEMBERS: STEINER,BARRERA,MAYOR BEYER,COONTZ,
SPURGEON NOES: COUNCIL MEMBERS:
NONE ABSENT: COUNCIL MEMBERS:
NONE dg 3-Reso No.
7798