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RES-10990 Residential Unit Construction ApprovalRESOLUTION NO. 10990 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE UPHOLDING APPEAL NO. 0546 -16 AND APPROVING DESIGN REVIEW COMMITTEE NO. 4872 -16 AND MINOR SITE PLAN NO. 0872 -16 FOR THE CONSTRUCTION OF TWO RESIDENTIAL UNITS AND A DETACHED TWO CAR GARAGE ON PROPERTY CONTAINING AN EXISTING SINGLE FAMILY RESIDENCE LOCATED AT 730 WEST PALM AVENUE. APPLICANT: HOIKE, LP WHEREAS, the City Council has authority per Orange Municipal Code (OMC) Section 17.08.050 to take action on Appeal No. 0546 -16 of a Planning Commission denial of Design Review Committee No. 4872 -16 and Minor Site Plan No. 0872 -16; and WHEREAS, Design Review Committee No. 4872 -16 and Minor Site Plan No. 0872 -16 were filed by Hoike, LP in accordance with the provisions of the City of Orange Municipal Code; and WHEREAS, Design Review Committee No. 4872 -16 and Minor Site Plan No. 0872 -16 were processed in the time and manner prescribed by state and local law; and WHEREAS, Sections 17.17.060 and 17.14.250 of the Orange Municipal Code (OMC) require development within Old Towne to conform with the Historic Preservation Design Standards for Old Towne Orange. The Design Standards require Planning Commission approval for construction of additional units on a lot zoned for such purposes; and WHEREAS, Design Review Committee No. 4872 -16 and Minor Site Plan No. 0872 -16 are categorically exempt from the provisions of the California Environmental Quality Act per State CEQA Guidelines Sections 15303 (Class 3 — New Construction or Conversion of Small Structures) and 15331 (Class 31 — Historical Rehabilitation/Restoration); and WHEREAS, the Planning Commission conducted a public meeting on September 7, 2016, at which time interested persons had an opportunity to testify either in support of or opposition to the proposal and for the purpose of considering Minor Site Plan No. 0872 -16 and Design Review Committee No. 4872 -16; and WHEREAS, the Planning Commission denied Minor Site Plan No. 0872 -16 and Design Review Committee No. 4872 -16 at the public meeting on September 7, 2016; and WHEREAS, Hoike, LP filed Appeal No. 0546 -16 of the Planning Commission denial of Minor Site Plan No. 0872 -16 and Design Review Committee No. 4872 -16 in accordance with the provisions of the City of Orange Municipal Code; and WHEREAS, the City Council conducted a public hearing on December 13, 2016, at which time interested persons had an opportunity to testify either in support of or opposition to the proposal and for the purpose of considering Appeal No. 0546 of the Planning Commission denial of Minor Site Plan No. 0872 -16 and Design Review Committee No. 4872 -16 upon property described as: LEGAL DESCRIPTION OF PROPERTY PARCEL 1 OF PARCEL MAP NO. 2004 -246, IN THE CITY OF ORANGE, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP RECORDED IN BOOK 349, PAGE(S) 16 THROUGH 17, INCLUSIVE, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY. A.P.N 386- 451 -38] NOW, THEREFORE, BE IT RESOLVED that the City Council hereby upholds Appeal No. 0546 -16 and approves Design Review Committee No. 4872 -16 and Minor Site Plan No. 0872 -16 to construct two new residential units and a detached two -car garage with access from N. Clark Street on property in the local Old Towne Historic District containing an existing single family residence based on the following findings: SECTION 1— FINDINGS General Plan Findings: 1. The project must be consistent with the goals and policies stated within the City's General Plan. The project is consistent with the General Plan's Housing Element Goals and Policies in that it creates additional dwelling units that diversify the City's housing inventory and contribute toward meeting housing demand. The project is consistent with the General Plan's Cultural Resources & Historic Preservation Element Goals and Policies in that it helps to preserve the existing contributing historic residence to the local Old Towne Historic District and creates new construction that is compatible with the Historic District and in conformance with the Old Towne Design Standards. Design Review Committee Findings: 1. In the Old Towne Historic District, the proposed work conforms to the prescriptive standards and design criteria referenced and /or recommended by the Design Review Committee or other reviewing body for the project. Although the proposed new construction increases the density of the property, the new buildings are compatible in mass, scale and proportion with the existing historic residence and with the Old Towne Historic District as a whole. Resolution No. 10990 2 The new housing units are set back from the contributing building at the rear of the property and will be minimally visible from W. Palm Avenue, due to the placement of the new garage. The proposed new driveway from N. Clark Street will reduce the impacts to the street - facing elevation of the contributing building and will give the appearance of a separate property from W. Palm Avenue. The proposed fiber cement board and batten siding on one of the residential units differentiates the new building from the horizontal wood siding of the contributing residence and from the reused vertical board siding of the barn. The proposed reuse of the salvaged barn siding on the studio is also compatible with the local Old Towne Historic District, because it preserves an element from the property's history of development over time. The size, mass, scale, and roof shape of the new studio unit are based on the proportions of the demolished barn. The barn's east -west orientation on the property, parallel to W. Palm Avenue, will also be replicated in the new unit, and the painted fruit on the reused siding will continue to face W. Palm Avenue, as it did before the barn was demolished. In conformance with the Old Towne Design Standards, the project is consistent in size and scale with the context of the surrounding primarily multi - family neighborhood. The design and materials of the new construction are compatible with the character of the existing historic residence and surrounding historic buildings. The character - defining features of the historic residence will not be altered or removed. 2. In any National Register Historic District, the proposed work complies with the Secretary of the Interior's standards and guidelines. Because the property is outside of the National Register - listed Old Towne Historic District, this finding does not apply. However, projects found to be in conformance with the Old Towne Design Standards are generally considered to be in conformance with the Secretary's Standards for the Treatment of Historic Properties. In conformance with Standard 2, historic materials that characterize the contributing residence will not be altered or removed. In conformance with Standards 9 and 10, the new construction is compatible with the mass, scale, size, feature and materials of the historic property. Where appropriate, the new buildings are slightly differentiated from the historic residence through the use of materials that are compatible but not identical to the contributing building. If the new construction were removed at a later date, the essential form and character of the historic property would be unchanged. 3. The project design upholds community aesthetics through the use of an internally consistent, integrated design theme and is consistent with all adopted specific plans, applicable design standards and their required findings. As described above, the proposed project is in conformance with the Old Towne Design Standards, which are the applicable design standards for projects within the Old Towne Historic District and which require a consistent, integrated design theme that is compatible with the character of Historic District. Resolution No. 10990 3 4. For infill residential development, as specified in the City of Orange infill residential design guidelines, the new structure(s) or addition are compatible with the scale, massing, orientation and articulation of the surrounding development and will preserve or enhance existing neighborhood character. As the City of Orange Infill Residential Design Guidelines do not apply to projects located within the Old Towne Historic District, this finding does not apply. Minor Site Plan Findings: 1. Minor Site Plan approval shall be granted if the project design is compatible with surrounding development and neighborhoods. The proposed architectural design and site plan of the project are compatible with the surrounding neighborhood and with the local Old Towne Historic District. The surrounding properties are developed primarily with multi - family residences constructed after 1950, outside of the period of significance for the local Historic District. Given the adjacent multi - family properties, the increased density and new construction is appropriate for this location and is compatible with the neighborhood. The addition of a driveway on N. Clark Street conforms to the prevailing patterns of vehicular access for properties on N. Clark Street. The property provides all required parking for the residential units, and the elimination of one on- street parking space should not substantially alter the existing parking availability in the surrounding neighborhood. 2. Minor Site Plan approval shall be granted if the project conforms to City development standards and any applicable special design guidelines or specific plan requirements. The proposed project conforms with the development standards for the R -2 -6 zone including: Floor Area Ratio, landscaping, parking, and setbacks. The residential units are provided with adequate parking, meeting the requirements of the Orange Municipal Code for multi - family residential properties. The project also conforms with the density range allowed under the property's General Plan Designation of Medium Density Residential. The project also conforms with the Old Towne Design Standards as described above. 3. Minor Site Plan approval shall be granted if the project provides for safe and adequate vehicular and pedestrian circulation, both on- and off -site. The proposed project provides a new driveway onto N. Clark Street, meeting the required width of 12' -0 ", for the new housing units and uses the existing driveway on W. Palm Avenue for the proposed new garage adjacent to the existing residence. This configuration allows vehicles associated with the existing residence to continue using the established circulation pattern with the Palm Avenue driveway, while the new units will use the new driveway on N. Clark Street. The driveway meets Public Works Department standards for residential driveways and conforms to the existing pattern of driveways for the multi - family residential units on the street. Pedestrians access the property from the public right -of -way. The project also meets the requirements of the Orange Municipal Code for parking for multi - family residential properties. Resolution No. 10990 4 4. Minor Site Plan approval shall be granted if City services are available and adequate to serve the project. Adequate City services are available to serve the property. 5. Minor Site Plan approval shall be granted if the project has been designed to fully mitigate or substantially minimize adverse environmental effects. This project will not have an adverse effect on the environment, because it meets the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines Sections 15303 (Class 3 — New Construction or Conversion of Small Structures) and 15331 (Class 31 — Historical Rehabilitation/Restoration) for a categorical exemption. There are no potentially significant environmental impacts as a result of the proposed project. SECTION 2 — ENVIRONMENTAL REVIEW This project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines Sections 15303 (Class 3 — New Construction or Conversion of Small Structures) and 15331 (Class 31 — Historical Rehabilitation/Restoration), because it consists of construction of two additional residential units and a detached two -car garage on a parcel containing an existing single - family residence in an urbanized area. The project is compatible with the character of the local Old Towne Historic District and does not negatively impact the materials or features of the historic house. As required by the Class 31 exemption, the project is in conformance with the Secretary of the Interior's Standards for the Treatment of Historic Properties. SECTION 3— CONDITIONS OF APPROVAL BE IT FURTHER RESOLVED that the following conditions are imposed with the approval: 1. All construction shall conform in substance and be maintained in general conformance with plans dated August 25, 2016 and as recommended for approval by the City Council, including any modifications required by conditions of approval. 2. The salvaged vertical board siding from the demolished barn shall be reused on the new studio unit to the greatest extent feasible. The applicant shall consult with Planning Division staff prior to installing the siding on the frame of the new unit to confirm the extent of the siding that will be reused. For any new replacement material used to infill sections where salvaged siding cannot be reused, the applicant shall provide Planning Division staff with material samples prior to the start of work. 3. Except as otherwise provided herein, this project is approved as a precise plan. After any application has been approved, if changes are proposed regarding the location or alteration of any use or structure, a changed plan may be submitted to the Community Development Director for approval. If the Community Development Director determines that the proposed change complies with the provisions and the spirit and intent of the approval action, and that the action would have been the same for the changed plan as for Resolution No. 10990 5 the approved plan, the Community Development Director may administratively approve the changed plan. 4. Design Review Committee No. 4872 -16 and Minor Site Plan No. 0872 -16 shall become void if not vested within two years from the date of approval. Time extensions may be granted for up to one year, pursuant to OMC Section 17.08.060. 5. Building permits shall be obtained for all improvements, as required by the City of Orange, Community Development Department's Building Division. Failure to obtain the required building permits will be cause for revocation of this approval. 6. These conditions shall be reprinted on the first or second page of the construction documents for site and /or tenant improvements when submitting to the Building Division for the plan check process. 7. 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 permits, save and except that caused by the City's active negligence. The City shall promptly notify the applicant of any such claim, action, or proceedings and shall cooperate fully in the defense. 8. Refer to conditions in Attachment A for final plans and permitting requirements. ADOPTED this 10th day of January 2017. C // e -W,4*1 . (Ize ere a E. Smith, Mayor, City of Orange ATTEST: Mary E. City Clerk, City f Orange Resolution No. 10990 6 STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF ORANGE I, MARY E. MURPHY, City Clerk of the City of Orange, California, do 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 10th day of January 2017, by the following vote: AYES:COUNCILMEMBERS:Whitaker, Smith, Murphy, Nichols NOES:COUNCILMEMBERS:Alvarez ABSENT:COUNCILMEMBERS:None ABSTAIN:COUNCILMEMBERS:None Y o Mary E. M hy, City Clerk, City o ange Resolution No. 10990 Attachment A Final Plans and Permitting Requirements 1. 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 sections of the security code that apply. Specifications, details, or security notes may be used to convey the compliance. 2. Plans submitted for Building Plan Check shall comply with the California Fire Code as amended by the City and as frequently amended and in effect at the time of application for Building Permit. 3. Prior to approval of a building permit, the applicant shall submit a Nonpriority Project WQMP for review and approval to the Public Works Department that: Describes the project site. Describes the potential project pollutants. Incorporates the applicable Routine Source, Structural and low impact BMPS as defined in the Model Water Quality Management Plan and Technical Guidance Document. Generally describes the long -term operation and maintenance requirements for structural Control BMPS. Identifies the entity that will be responsible for long -term operation, maintenance, repair and /or replacement of the BMPS. A copy of the forms to be used in conducting maintenance and inspection activities. Record keeping requirements (forms to be kept for 5 years). 4. Prior to the issuance of certificates for use of occupancy, the applicant shall demonstrate the following to the Public Works Department: a. That all structural and treatment control best management practices (BMPS) described in the Project WQMP have been constructed and installed in conformance with the approved plans and specifications, b. That the applicant is prepared to implement all non - structural BMPS described in the Project WQMP, c. That an adequate number of copies of the project's approved final Project WQMP are available for the future occupiers. 5. Prior to the issuance of certificates for use of occupancy or final signoff by the Public Works Department, the applicant shall demonstrate to the satisfaction of Public Works, that the preparer of the WQMP has reviewed the BMP maintenance requirements in Section V of the WQMP with the responsible person and that a copy of the WQMP has been provided to that person. A certification letter from the WQMP preparer may be used to satisfy this condition. 6. The project applicant shall maintain all structural, treatment and low impact development BMPs at the frequency specified in the approved WQMP. Upon transfer of ownership or management responsibilities for the project site, the applicant shall notify the City of Orange Public Works Department of the new person(s) or entity responsible for maintenance of the BMPs. 7. Prior to the issuance of a building permit, the applicant shall submit a water improvement plan to the Water Division for proposed water mains, fire hydrants, domestic water services, fire suppression services, landscape services, and or any other proposed improvements or relocations affecting the public water system appurtenances for review and approval. All of the on -site water systems shall be privately owned and maintained. The improvement plan is required to be submitted directly to the Water Division located at 189 S. Water Street for review and approval. The applicant shall be responsible for the costs associated with the proposed improvements. 8. The City Water Division shall not be responsible for the occurrence of and the related consequences such as but not limited to construction delays, Certificate of Occupancy deferment and or financial impacts due to the applicant's failure to file a Water Division application prior to building permit issuance and or by electing to defer the filing of the application and water improvement plan submittal and or a failure follow the conditions. 9. Prior to approval of the water improvement plan, the applicant shall satisfy all water main connection, plan check, and inspection charges as determined by the Water Division. A deposit for plan check and inspection fees is required to be posted concurrently with filing the Water Division application and submission of plans for review. 10. Prior to building permit issuance, construction documents shall show that the water improvement plans are consistent with the fire suppression plans and or fire master plan. The applicant's consultant preparing the water improvement plans shall coordinate their plans with the consultant preparing the fire suppression plans and or fire master plan so that their designs concur. The applicant shall remove the existing buried detector check for the fire suppression service and replace it with an above ground backflow prevention device as approved by the Water Division. 11. The Water Division shall approve the type and location of all back flow prevention devices. 12. Prior to building permit issuance, construction documents shall show that the installation of new water mains and new supply lines in the vicinity of pipelines conveying sewage, storm drainage and or hazardous fluids is done per the Water Division's Standard Number 113. 13. Prior to building permit issuance, construction documents shall show that a six foot 6') minimum horizontal clearance and a one foot (1') minimum vertical clearance would be maintained between City water mains, laterals, services, meters, fire hydrants and all other utilities except those identified in the Water Division's Standard Number 113. 14. Prior to building permit issuance, construction documents shall show that a minimum twenty -foot (20') separation will be maintained from the public water system facilities to the proposed/existing buildings and structures per the City of Orange Location Of Underground Utilities Standard and as approved by the Water Division. 15. Prior to building permit issuance, construction documents shall show that an eight - foot (8') minimum clearance is provided between City water mains, and signs, trees or other substantial shrubs, bushes, or plants. 16. Prior to building permit issuance, construction documents shall show that the minimum separation requirements are met and that each of the various designer's plan sets match. The applicant's consultant preparing the improvement and utility plans shall coordinate their plans with the consultants preparing the landscape, architectural, surface water quality, fire master and or fire suppression plans so that their designs are consistent. 17. Prior to building permit issuance, construction documents shall show that permanent signs, awnings, surface water quality features such as but not limited to infiltration planters, basins, pervious pavement or other structures are not installed over the City's water mains, laterals, services, meters, back flow prevention devices and fire hydrants. 18. A minimum of fourteen - calendar days prior to public water construction, the applicant's Engineer of Record shall prepare and provide product material submittals consistent with the approved water improvement plans as approved by the Water Division, for all proposed public water system facilities to the Water Division for review and approval. 19. Prior to the issuance of a Certificate of Occupancy, the applicant shall be responsible for the installation of necessary fire hydrants and fire suppression services as determined by the Fire Department and Water Division. 20. Prior to the issuance of a Certificate of Occupancy, the applicant shall furnish and install individual pressure regulators on the private side of new services where the incoming pressure exceeds eighty pounds per square inch. 21. Prior to the issuance of a building permit, the applicant shall be responsible for the installation/relocation of the proposed /existing public water system appurtenances as necessitated by the proposal to a location and of a design per the improvement plans approved by the Water Division. 22. Plans submitted during plan check shall show that the water improvement plans are consistent with the fire suppression plans and /or fire master plan. The applicant's consultant preparing the water improvement plans shall coordinate their plans with the consultant preparing the fire suppression plans and /or fire master plan so that their designs concur. 23. Prior to the issuance of a building permit, plans shall show that each building shall be protected with a separate fire service unless otherwise approved by the Fire Department and Water Division. 24. Prior to the issuance of a building permit, the Water Division shall approve the type and location of a landscaping back flow prevention device and fire service (detector check) device for proposed City services. 25. Plans submitted during plan check shall show that the minimum separation requirements are met and that each of the various designers' plan sets concurs. The applicant's consultant preparing the improvement and utility plans shall coordinate their plans with the consultants preparing the landscape, architectural, surface water quality management, fire master, and /or fire suppression plans that their designs are consistent. 26. Plans submitted during plan check shall show that each property, residence, main building or structure shall have a separate meter service unless otherwise approved by the Water Division. 27. Prior to approval of the water improvement plan, the applicant shall satisfy all water main connection, plan check and inspection charges as determined by the Water Division. 28. All hot taps required on existing City mains to provide water service to any lot, parcel or subdivision shall be performed by City crews at the developer's expense in accordance with the fee schedule established by resolution of the City Council.