RES-10283 Approving Negative Declaration to Construct In-Fill Office and Garage at 419 S. GlassellRESOLUTION NO. 10283
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE APPROVING NEGATIVE
DECLARATION NO. 1797-07, MINOR SITE
PLAN REVIEW NO. 422-05,
DESIGN REVIEW COMMITTEE NO. 4047-
05, AND ADMINISTRATIVE ADJUSTMENT NO. 158-
06, IN ORDER TO CONSTRUCT A
NEW IN-FILL OFFICE AND GARAGE ON
THE PROPERTY
LOCATED AT 419
SOUTH GLASSELL.APPLICANT: STEVE RICHARDSON WHEREAS, Orange Municipal Code (OMC) Section 17.
10.020 requires City Council approval for amendments to the City Zoning Map, and
when multiple entitlements are sought for a single project, the application requiring the highest level of
review shall dictate the review process
for the remaining entitlements; and WHEREAS, Zone Change 1238-06 (as
described in Ordinance No. 10-08) from Limited Business District (C-1) to
Office-Professional (O-P) is needed to create consistency in the development
standards land use classifications
between the subject parcels and their associated surrounding parcels; and
WHEREAS, the Planning Commission and City Council has considered the information contained
in Negative Declaration No. 1797-07 and comments received during the public review process,
and has found that
the project will not significantly impact the environment or wildlife;
and WHEREAS, the Planning Commission conducted one duly advertised public hearing on April 7, 2008, 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 Negative Declaration No.
1797-07, Zone Change 1235-06, Minor Site Plan Review No.
422-05, Design Review Committee No. 4047-05 and Administrative Adjustment No.
158-06, and unanimously voted to recommend approval of the project to
the City Council; and WHEREAS, the City Council conducted one duly advertised public hearing on May 13,
2008, 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 Negative Declaration
No. 1797-07, Zone Change 1235-06 (related item Ordinance No.
10-08), Minor
LOTS 23, AND 24 OF THE RESUBDIVISION OF BLOCK "B",
GRAND AVENUE ADDITION TO THE TOWN OF ORANGE, AS
SHOWN ON A MAP RECORDED IN BOOK 3, PAGE 14 OF
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY,
CALIFORNIA (APN #390-
411-23).NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of Orange hereby approves Negative Declaration No. 1797-07, Minor Site Plan
Review No. 422-05, Design Review Committee No. 4047-05 and Administrative
Adjustment No. 158-06,
based on the following
findings:SECTION
1 - FINDINGS General Plan 1. The project must be consistent
with the General Plan.The proposed project fulfills several Land Use Goals established in
the City's General Plan including: maintaining the historic character of the Old
Towne historic district, and promoting good urban design that focuses on revitalization efforts
to make the area more attractive to residents, businesses, and investors. The
existing site conditions are developed in a manner consistent with the City's General
Plan and Zoning Ordinance for development in the
OP Office Professional District.Minor
Site Plan Review Requirements 1. The project design is compatible with
surrounding development and neighborhood.The action has been considered in relationship to its effect
on the community and neighborhood plans for the area in which the site is located and
it will not cause deterioration of bordering land use or create special problems to the area
in which it is located. The new in-fill development of the garage and
office has been evaluated in terms of the age of the surrounding
buildings, height, construction materials, mass,setback, and architectural detail to ensure compatibility
with the
site and the surrounding neighborhood.2. The project conforms to all City development
standards and any applicable special design
guidelines or specific plan requirements.The project conforms to City development standards
and any applicable special design guidelines or specific plan requirements and has
been designed to
fully
3. City services are available and adequate to serve the project.
The City of Orange Fire Department currently provides fire protection and emergency
medical service to the site and would continue to adequately serve the proposed area.
Fire Station No.1 is the closest fire station and is located at 176 South Grand Street.
Police protection and law enforcement located at 1107 North Batavia Street services the
project area. The City's Public Works, Fire, and Police Departments have reviewed the
project and indicated that existing infrastructure and City services are available and
adequate to serve the project. These City departments have indicated that with adoption
of the conditions of approval, and application of code requirements, potential impacts to
City services are adequately addressed.
4. The project provides for safe and adequate vehicular and pedestrian circulation, both
on- and off-
sit.The project will not result in a substantial increase in the number of vehicle trips
and congestion at intersections due to the proposed development of a small 170 sq. ft.
office and 1,513 sq. ft., three-bay enclosed garage. Additionally, the proposal
will provide off-street parking via the alley at the east property line. The project
will require 10-feet of street dedication along Glassell Street, to
meet the ultimate right-of-way requirements. The project provides for
safe and adequate vehicular and
pedestrian circulation, both on and off-site.5. The project has been designed
to fully
mitigate or substantially minimize adverse environmental effects.The project Initial Study and
Negative Declaration 1790-07 have evaluated the project for impacts and have determined that
the
project cannot have
an impact on the environment.Design Review Committee 1. 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 the project is located within
the Old Town Historic District, the proposed work conforms to the
prescriptive standards and design criteria referenced and/or recommended by the
Design Review Committee. The collection and concentration of historic office professional and
residential structures in the area create a distinctive visual character for the 400 Block
of South Glassell Street. The new in-fill, one-story,office/garage project is
designed as a residential style building to maintain the existing streets cape and to ensure
that the project is compatiable both architecturally and to the surrounding neighborhood.
No changes are proposed for the existing historic 1904 Hip Roof Cottage located at
419
principles of land use, in that it complies with the Old Towne Design Standards,
Secretary of the Interiors Standards for Rehabilitation and the City's Local CEQA
Guidelines in the use of appropriate materials for additions and new in-fill
construction within the City's Historic
District.Administrative
Adjustment:1. The reduction in standards will not be detrimental to the public health, safety,
and general welfare of persons residing or working on the subject property or in
the
vicinity.The applicant is requesting a reduction in the required front setback by
twenty-percent,from the required 20-feet to 16-feet. This will permit the
in-fill project to be compatiable with the extablished building setbacks along
Glassell Street and with the adjoining property. The new in-fill project
will not disrupt the existing streetscape pattern as seen from the public view or degrade
the existing visual character or quality
of the site or its surroundings.2. Issuance of the permit does not
compromise the intent of this code.The Administrative Adjustment will not compromise the
intent of the code related to residential zones that would
ensure functional and attractive neighborhoods. The reduction will not be detrimental to the public
health, safety, and general welfare of persons residing or working on the
subject property or in the
vicinity.SECTION 2 - ENVIRONMENTAL REVIEW Negative Declaration No. 1797-07 was prepared
in conjunction with Zone Change No.1238-06, Minor Site Plan Review No.
422-05, Design Review Committee No. 4047-05 and Administrative Adjustment
No. 158-06. After examining the Negative Declaration, the City Council finds and
declares in its independent judgment that no potential significant impacts exist. Therefore, the
City
Council hereby adopts and approves Negative Declaration No.
1797-07.SECTION 3 - CONDITIONS OF APPRO V AL BE IT
FURTHER
RESOLVED
that the following conditions are imposed with approval:General 1. Within two (2) days of
final approval of this project, the applicant shall deliver to the Planning Department
either a cashiers check payable to the County Clerk in an amount required to
fulfill the fee requirements of Fish and Game Code Section 711.4(a) and
the County Administrative fee, or an approved "no effect"finding form from Fish
and Game along with the County Administrative fee, to enable the City
to
Resources Code 21152, 114 Cal Code Regulations 15075. The amount of the
fee shall be based on the current fee structure as shown in Section 711.4( d) for
both the Fish and Game fee and the County Administrative fee.
2. All construction shall conform in substance and be maintained in general
conformance with plans labeled Exhibit No. 1 (dated February 26, 2008 for
identification purposes) and as recommended for approval by the Planning
Commission and ultimately approved by the City Council.
3. Prior to the issuance of building permits, the applicant shall prepare a document
reciprocal access agreement (for parking) to be approved by the City Attorney
as to form prior to recording in the office of the Orange County Recorder.
4. 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 that caused by the City's active negligence.
5. The applicant shall comply with all federal, state, and local laws, including all
City regulations. Violation of any of those laws will be cause for revocation of
this permit.
6. These conditions shall be reprinted on the cover sheet or first page of
construction documents prior to the issuance of building permits.
7. Building permits shall be obtained for all construction work, 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 permit.
Public Works Department
8. Prior to the approval of a building permit, the applicant shall submit a
Nonpriority Project WQMP for review and approval to the Public Works
Department that:
a. Describes the project site
b. Describes the potential project pollutants
c. Incorporates the applicable Routine Source and Structural Control BMPs as
defined in the Drainage Area Management Plan (DAMP)
d. Generally describes the long-term operation and maintenance
requirements for structural Control
BMPs,e. Identifies the entity that will be responsible for long-
term operation,maintenance, repair and or replacement of
the BMPS f. A copy of the forms to be used in conducting maintenance
and
inspection activities g. Record keeping requirements (forms to be kept for
5 years)
Water
1. The applicant shall satisfy all water main connection, plan check, and inspection
charges as determined by the Water Division prior to approval of the water plan.
Police Department Conditions
2. All construction shall conform in substance and be maintained in general
conformance with the Orange Municipal Code Section 15.52 Building Security
Standards including: an illuminated 6" address on building, illuminated exterior
doors on office, and all doors and windows shall meet required security
standards.
Community Services
3. If mature trees are to be removed from the site a Tree Removal Permit shall be
required.
Code Provisions
The following Code provisions are applicable to this project and are included for
information only. This is not a complete list and other Code provisions may apply
to the project:
Prior to issuance of building permits, the applicant shall pay all applicable
development fees, including but not limited to: Orange County Sanitation District
Fee, City Sewer Connection Fee, Transportation System Improvement Program
Fee, Police Facility Fee, Fire Facility Fee, Park Dedication and In Lieu (Quimby)
Fee, Park and Recreational Facilities Development Impact Fee, Library Facilities
Development Impact Fee, and School Development Fee (Collected by the Orange
Unified School District), as required.
If not utilized, Design Review Committee No. 4047-05 shall expire two years
from the approval date. An extension of time may be permitted upon a written request,
if received before the expiration
deadline.ADOPTED this 13th day of May,
2008
range
ATTEST:
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 13th day of May, 2008, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Smith, Murphy, Cavecche, Dumitru, Bilodeau
COUNCILMEMBERS: None
COUNCILMEMBERS: None
COUNCILMEMBERS: None
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