RES-9424 Denying Appeal No. 480RESOLUTION NO. 9424
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE DENYING APPEAL NO. 480
AND UPHOLDING THE DECISION OF THE
PLANNING COMMISSION TO APPROVE
CONDITIONAL USE PERMIT 2355-00
GRANTING A REQUEST TO CONSTRUCT A
TWO-STORY SECOND UNIT AT 475 SOUTH
GRAND STREET.Appeal
No. 480 Appellant: Councilman Mike Alvarez, on
behalf of J.
Luis
Caballero RECITALS:WHEREAS, on December 18, 2000, the Planning Commission ofthe CityofOrangeconductedapublichearingasrequiredbylawtoconsiderConditionalUsePermitNo. 2355-00 regarding the construction of a two-story second unit, located at 475
S. Grand Street; and WHEREAS, this project is categorically exempt from theprovisionsoftheCaliforniaEnvironmentalQualityAct (CEQA), per State CEQA Guidelines, Section 15332andperCityofOrangeLocalCEQAGuidelinesSectionIV.
C.2.d; and WHEREAS, the subject property, commonly known as 475 S.
Grand Street, is more
particularly described as follows:LOT 3, IN BLOCK C, OF THE
TRACT GEORGE ACHINSON'S SUBDIVISION, AS PER MAP RECORDED IN BOOK
3 PAGE 49, OF MISCELLANEOUS MAPS IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY, CITY OF ORANGE, COUNTY
OF
ORANGE, STATE OF CALIFORNIA.WHEREAS, by Resolution No. 80-00, the Planning Commission approved Conditional Use Permit No.
2355-00 with certain findings; and WHEREAS, Appeal No. 480 was timely
filed by the appellant, Councilman Mike Alvarez, on
behalf of J. Luis Caballero; and WHEREAS, the City Council heard the appealofappellantbyconductingapublic
hearing on February 13,2001; and WHEREAS, at said public hearing, the CityCouncilheardthetestimonyofappellantsandmembersofthe
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange
that, based upon the substantial evidence presented, Appeal No. 480 is denied and Conditional
Use Permit No. 2355-00 is approved based on the following
reasons:1. The foregoing recitals are true and
correct.2. The conditional use permit is granted upon sound principles ofland use and in
response to services required by the community by providing housing in a historic
neighborhood.3. The project will not cause deterioration of bordering land uses or create special
problems for the area in which the it is located because it is similar to the properties that it
borders in adding second units to two blocks ofland which already have close to 50% of
the properties developed with second units. Also, because real estate values in
this neighborhood continue to rise, even as second units continue to be built in recent
times.4. The conditional use permit has been considered in relationship to its effect on
the community or neighborhood plan for the area in which the site is located,
recognizing that it is a historical neighborhood and this project has been designed to comply with
the Design Review Standards especially created for this
neighborhood.5. The approval is made subject to those conditions necessary to preserve the
general welfare of the community and not the individual welfare of the
applicant.BE IT FURTHER RESOLVED that the following conditions are imposed
with
approval:1. Development shall be in substantial compliance with plans as approved by the
Planning Commission, and which are on file with the Department of Community
Development.2. Prior to issuance of building permits, developer shall pay all applicable development
fees,including but not limited
to:City Sewer Connection
Fee Fire Facility
Fee Orange County Sanitation District Sewer Connection
Fee Police Facility
Fee School District
Fee Transportation System Improvement Program (TSIP)
Fee 3. The applicant agrees to indemnify, hold harmless, and defend the City, its officers,
agents and employees from any and all liability or claims that may be brought against the
City arising out of its approval of this permit, save and except those caused by City's
active
negligence.4. The applicant shall comply with all federal, state, and local laws. Violation of any
of those laws in connection with the use will be cause for revocation of this
permit.Reso No. 9424 2
5. These conditions shall be reprinted on the first page of the construction documents when
submitting to the Building Department for the plan check process.
6. If not utilized within two (2) years of the approval date, this conditional use permit shall
expire.
ADOPTED the 13th day of March, 2001.
ATTEST:
6J~ Ct<,~~Cassandra J. Cathc , ity Clerk of the City of 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 13th day of March, 2001,
by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: MAYOR MURPHY, COONTZ
COUNCILMEMBERS: ALVAREZ
COUNCILMEMBERS: NONE
COUNCILMEMBERS: SLATER
Reso No. 9424 3 GAS