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RES-7750 Granting Conditional Use Permit No. 1881-90RESOLUTION NO. 7750 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE UPHOLDING THE RECOMMENDA- TION OF THE PLANNING COMMISSION OF THE CITY OF ORANGE AND GRANTING A CONDITIONAL USE PERMIT TO ALLOW AN ACCESSORY SECOND USE IN THE R-I-6 DISTRICT UPON PROPERTY SITUATED AT THE SOUTHWEST CORNER OF WALNUT AVENUE/NEWPORT FREEWAY CROSSING,ADDRESSED AS 2234 E. WALNUT AVENUE.Conditional Use Permit 1881-90 Applicant: Boonchoo & Sengdao Vongruksuki RECITALS:After report thereon by the Planning Commissionandafterduepublichearingsasrequiredbylaw, and afterreceivingarecommen-dation from the Planning Commission, recommending, by Resolution No. PC 91-90, that Conditional Use Permit1881-90 be granted to allow an accessory second unit intheR-I-6 District upon property situated at thesouthwestcornerofWalnutAvenue/Newport Freeway crossing, 2234EastWalnutAvenue, the City Council considered Conditional UsePermit1881-90 and determined that the recommen-dation ofthePlanningCommissionshouldbeupheldandConditionalUsePermit1881-90 be granted. Subject property is more particu-larly described as follows:Legal Description Lot 8 of Tract No. 8907, as shown on a Map recorded in Book 434, Pages18and 19 of Miscellaneous Maps, records of Orange County, California.During thepublichearing, the City Council found the facts to be as follows:1. Thesubjectsiteisanirregularlyshaped8,940 square foot parceloflandlocatedatthesouthwestcornerofWalnutAvenueandtheWalnut Avenue/Newport Freeway overcrossing,addressed 2234 E. Walnut Avenue.2. This Conditional Use Permit application is to allow an accessorysecondunitintheR-I-6 zone. Orange Municipal CodeSection17.10.040 permits the construction of an accessory second unitintheR-I-6 zone, subject toissuanceofaconditionalusepermit, compliance with accessory secondunitdevelopment stand-ards, and pUblic hearings before both the Planning CommissionandCityCouncil.3. On December 21, 1976, the City Council approved Tentative Tract Map 8907, Zone Change 753, Variance1372andEIR211permittingdevelopmentofaneightlotsinglefamilysUbdivisionlocatedonthenorthsideoftheWalnutovercrossingeastandwestofthe 4. site development consists of a single story, single family residence with an attached two car garage taking access off Walnut avenue. The existing residence is setback 5' from the west side property line, 75' from the east side property line, 20' from the front property line, and between 15 and 37' from the rear property line. 5. Surrounding land use and zoning is as follows: North - Single family residences across Walnut, zoned R-1- 6.South - Walnut Avenue overcrossing. East - Intersection of Walnut Avenue and Walnut Avenue overcrossing. West - Single family residence zoned R-1-6. The city's General Plan Land Use Policy Map designates the site for low density residential development 2-6 units per acre.6. Walnut Avenue overcrossing is designated as a secondary roadway with an 80' right-of-way. Walnut Avenue, adjacent to the front of the project site, is considered a local street with a 60 foot right-of-way.NOW, THEREFORE, BE IT RESOLVED by the City council of the City of Orange that Conditional Use Permit 1881-90 be granted for the following reasons:1. The proposed accessory unit is in conformance with R-1-6 development standards and General Plan Land Use goals for the site.2. The proposed accessory unit will not cause a deterioration of bordering land uses or create special problems for the surrounding neighborhood.3. Conditions have been included which will preserve the general welfare of surrounding property.BE IT FURTHER RESOLVED that Conditional Use Permit be granted subject to the following conditions:1. The property owner shall record an agreement with the Orange County Recorder' s Office, approved in form by the city Attorney, which sets forth Code requirements pertaining to accessory second units plus all other conditions imposed by the Planning Commission and City Council prior to building occupancy.A copy of this agreement shall be submitted to the Community Development Department for inclusion in the project file.2. Realign the driveway or relocate the light pole as required by the Public Works Department.3. Payment of a TSIP fee as required by the Public Works Department.4. All structures shall comply with the requirements of Municipal Code Chapter 15.52 (Building Security Standards), which relates to hardware, doors, windows, lighting, etc...(Ord. 7-79). Approved structural drawings shall include code that apply. Specifications, details or security notes may beusedtoconveythecompliance. This will be reviewed in a plancheckbytheCrimePreventionbureaupriortoapproval. 5. A second address of 4 inches is required, located at newunit - per regulations.6. All landscaping shall be maintained so that it does not interferewiththerequiredaddressingorareasthatarerequiredtobeilluminated.7. If not utilized Conditional Use Permit 1881-90 willexpiretwoyearsfromtheapprovaldate. ADOPTED this 22th day of Januarv 1991. ATTEST: n4hAJ'~ ~ ~M City Cler of e lifty of Orange I hereby certify that the foregoing Resolution was dulyandregularlyadoptedbytheCityCouncilofthecityofOrangeataregularmeetingthereofheldonthe22thdayofJanuarv,1991, by the following vote: AYES: COUNCIL MEMBERS: Steiner, Barrera, Mayor Beyer, Coontz, SpurgeonNOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 07A~ ~ ~ ci ty Clerk the ty # Orange dg 3-Reso No. 7750 r