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06222016-187CITY OF ORANGE ZONING ADMINISTRATOR MINUTES – FINAL June 22, 2016 Staff in Attendance: Pete Goodrich, Zoning Administrator Leslie Roseberry, Planning Manager Monique Schwartz, Assistant Planner Judy Eguez, Contract Planner Corinna Rivas, Recording Secretary Public Hearing: 3:00 p.m. Pete Goodrich, Zoning Administrator, called the Public Hearing to order, Wednesday, June 22, 2016 at 3:01 p.m. NEW ITEMS: 1. CONDITIONAL USE PERMIT NO. 3007-16 HOLLBROOK RESIDENCE  The applicant is proposing to construct a 665 square foot, detached habitable accessory structure with plumbing.  The habitable structure would have plumbing facilities but no kitchen.  1873 Windes Drive  Planner: Judy Eguez, 714-744-7239, jeguez@cityoforange.org ______________________________________________________________________________ Pete Goodrich, Zoning Administrator (ZA), asked staff to give the Staff Report presentation on CONDITIONAL USE PERMIT 3007-16 – HOLLBROOK RESIDENCE. Judy Eguez, Contract Planner, presented a project overview consistent with the Zoning Administrator Staff Report. Judy Eguez stated that the Conditional Use Permit was reviewed by the Orange Park Acres board. The Orange Park Acres board did not have any opposition but, they did recommend condition number 13. This condition would prevent the owner from renting out the unit. Judy Eguez read condition number 13. Staff received an email from the applicant on June 21, 2016 requesting to remove the stipulation that requires a deed restriction in condition 13. Judy Eguez stated the City Attorney recommended that this condition remain and the city attorney advised that this covenant may be removed or amended upon written agreement by both parties. The ZA opened the Public Hearing. Rob Williams, from Studio 6 Architects for the Hollbrook Residence project asked why would the deed restriction need to be a condition when the City allows secondary dwelling units. He asked for more clarification and would like for the condition to be re-worded. City of Orange – Zoning Administrator Final Meeting Minutes for June 22, 2016 Page 2 Mark Hollbrook, owner of the property also asked for more clarification on this deed restriction. Laura Schneirson, a resident in the community where the Hollbrook Project is located asked about the Oak trees on the property. She requested additional information on any requirements or ordinances from the city in regards to requiring replanting of additional trees since this project will require taking trees down. The ZA closed the Public Hearing. The ZA stated to Judy Eguez that his understanding on the deed restriction is not that the applicant would not be able to build another secondary dwelling it is to state that the purpose of this structure is to be an accessory structure. Leslie Roseberry stated that this is a typical condition that is placed on accessory structures with plumbing facilities. Although secondary dwelling units are permitted there is a list of requirements in order to build one. The applicants conditional use permit for plumbing facilities is for it not to be a living unit, and the deed restriction is there to state that. If at a later time you would want to change this into an accessory 2nd unit you would have to meet the list of requirements and have written consent from both the applicant and the city to remove the deed restriction. The reason this is placed as a deed restriction is to make sure all of the requirements are met in order to have an accessory structure. The ZA stated that the deed restriction makes it clear to any future property owners of the intention of that structure. This restriction is not limiting any future structures on the property. Leslie Roseberry stated that the intent of the deed restriction is for this structure only. The unit or any part thereof is maintained as an ancillary use and not to be rented, sold or leased as a separate dwelling unit. The ZA responded to Laura Schneirson’s concerns regarding the Oak trees. He stated that after reviewing the plans the majority of the trees will be staying. Few trees will be removed to make room for the development. The ZA rendered a decision and approved CUP 3007-16, HOLLBROOK RESIDENCE, with the 13 conditions that are listed on the staff report. City of Orange – Zoning Administrator Final Meeting Minutes for June 22, 2016 Page 3 2. Conditional Use Permit No. 3008-16 – Granek Residence  The applicant is proposing to construct a 640 square foot, one story detached habitable accessory structure to be utilized as a pool house.  The habitable structure would have plumbing facilities but no kitchen.  6050 E. Jack Pine Lane  Planner: Monique Schwartz, 714-744-7224, mschwartz@cityoforange.org ______________________________________________________________________________ Pete Goodrich, Zoning Administrator (ZA), asked Staff to give the Staff Report presentation on CUP 3008-16 – GRANEK RESIDENCE. Monique Schwartz, stated due to the square footage of the unit it could be construed as a secondary dwelling unit. The Orange Park Acres board reviewed the project and unanimously approved the project with the stipulation of the added deed restriction. Monique Schwartz read condition number 13 from the staff report. Monique Schwartz stated after reviewing the project with staff that it would be appropriate to add the same stipulation that is on the Holbrook’s project. Monique read the comment to be added, “This covenant may be removed or amended upon written agreement between both parties.” The ZA opened the Public Hearing. Roberta Granek stated she appreciated adding that statement to condition number 13 of the staff report. The ZA closed the Public Hearing. The ZA rendered a decision and approved CUP 3008-16, Granek Residence, based on the conditions listed in the staff report and the amended condition number 13. ADJOURNMENT: The ZA adjourned the Public Hearing at 3:25 p.m.