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RES-8096 Granting Conditional Use Permit No. 1972-92RESOLUTION NO. 8096 A RESOLUTION OF THB CITY COUNCIL OF THE CITY OF ORANGB UPHOLDING THE RECOMMENDA- TION OF THB PLANNING COMMISSION OF THE CITY OF ORANGB AND GRANTING A CONDITIONAL USB PBRMIT TO ALLOW AN ACCBSSORY SBCOND DWELLING UNIT UPON PROPERTY SITUATBD AT 120 N. MONTEREY ROAD. CONDITIONAL USB PBRMIT 1972- 92 APPLICANTS: MILDRED N. COB , JAMES CORK 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-47-92, that Conditional Use Permit 1972-92 be granted to allow an accessory second dwelling unit upon property situated at 120 N. Monterey Road, the City Council considered Conditional Use Permit 1972- 92 and determined that the recommendation of the Planning commission should be upheld and Conditional Use Permit 1972- 92 be granted. Subject property is more particularly described as follows:Lots 4 and 6 of Tract No. 1051, in the County of Orange, State of California, as shown on a Map thereof recorded in Book 34 of Page 5 of Miscel-laneous Maps, Records of said Orange County;EXCEPT THEREFROM the South 28.79 feet of said Lot 4; said 28. 79 feet being measured along the Easterly line thereof.During the public hearing, the City Council found the facts as follows:1. On August 3, 1992, the Planning commission considered a request to construct an accessory second dwelling unit at 120 N.Monterey Rd. The property is classified R-1-6, a single family residential district, but is'adjacent to property located within the O-P (Office-Professional) corridor along Chapman Avenue.Additionally, the applicant requested a variance to allow locating 2 required parking spaces in front of the existing residence. The accessory second unit ordinance prohibits outdoor parking anywhere between the residential structure and the public street. 2. The proposal includes a second story dwelling unit limited to 640 square feet, to be constructed above an existing 2 car garage. The applicant has an existing semi-circular driveway in the front yard, and proposed to utilize that area for the additional parking requirement. There is an existing swimming pool in the back yard limiting available land for parking substantially larger than any other residential lot in the vicinity, and bordered by commercial land use on 2 sides. Both of these factors influenced their recommendation. Because the parcel is so large, and the project is tucked away in a corner that is isolated from adjacent residential use, the Commission felt that the project should be approved. However, the same factors led them to conclude there is adequate space to provide the parking in compliance with City development standards, and the residential neighborhood should be protected from more intensive development. The Planning Commission therefore recommends that the City Council approve Conditional Use Permit 1972-92, but deny Variance 1934-92.NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of Orange that Conditional Use Permit 1972- 92 be granted for the following reasons:1. The accessory second unit has been considered upon sound principles of land use, and in response to a need for housing established by California Government Code section 65852.2(b).2. The accessory second unit is subject to conditions to assure it will not cause deterioration of bordering land uses, nor create special problems for the area in which it is located.3. The second unit is situated and designed in a manner to minimize the effect on the neighborhood in which it is located.BE IT FURTHER RESOLVED that Conditional Use Permit 1972-92 be granted subject to the following conditions:1. A landscaped hedge shall be planted alongside the driveway in order to screen parked automobiles from public view.The planting plan must be prepared and implemented to the satisfaction of Community Development and Community Services Departments. Minimum plant size shall be 24 inches in height,from 5 gallon containers, and allowed to grow to a consistent minimum height of 42 inches.2. All plans shall conform SUbstantially with plans and conditions approved by the Planning commission.The following substantial code requirements are applicable to this project, and are listed here for information purposes.This is not a comprehensive list of all ordinance requirements:On-site parking will be provided behind the primary residence. A revised site plan will be submitted and approved to the satisfaction of the Director of Community Development.The accessory second unit may not be sold separate from the primary residence. Either dwelling unit (primary or accessory second unit) may be occupied by the property owner, provided that the homeowner resides on site. to issuance of building permits, the property owner shall prepare an agreement setting forth the requirements of Orange Municipal Code Section 17.10.040H, and any additional conditions required by the Planning Commission and city Council. Said agreement shall be approved by the Community Development Department and city Attorney's Office, and shall be recorded with the County Recorder. (Orange Municipal Code section 17.10.040H) The structure shall comply with the requirements of Municipal Code Chapter 15.52 (Building Security Standards, Ord. 7-79), which relate to the use of specific hardware,doors, windows, lighting, etc. Architectural drawings shall include sections of the ordinance that apply under " Security Notes".Both residential units on the parcel shall be addressed per city standards of addressing, which pertain to location,color, height and illumination.Development fees will be tabulated and payment required upon the issuance of a building permit. Fees include, but are not limited to, the following: Sanitation District, Sewer Connection, Transportation System Improvement Program, Major Thoroughfare and Bridge, Park Acquisition, Police Facilities, Fire Facilities, Eastern Foothill Transportation Corridor, School Development, Building Division plan check,permit issuance and recordation fees.Conditional Use Permit #1972-92 shall expire 24 months from the date of approval, should the proposal be abandoned.ADOPTED this 13th day of October 1992.ATTEST:luA~r ~ (b~-#I"- 4?_City Cle of e ~ty 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 of October , 1992,by the following vote: ---- AYES: NOES: ABSENT: ABSTAIN: COUNCIL MEMBERS: STEINER, BARRERA, MAYOR BEYER, SPURGEON COUNCIL MEMBERS: NONE COUNCIL MEMBERS: NONE COUNCILWOMAN: COONTZ U Ci~ t$e ~ange SSH:dg 3-Reso No. 8096