RES-9862 Mitigated Negative Declaration Approval Relocation of Historic Edwards HouseRESOLUTION NO. 9862
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE APPROVING MITIGATED
NEGATIVE DECLARATION NO. 1727-
04,CONDITIONAL USE PERMIT NO. 2496-
04, VARIANCE NO. 2136-04 AND MINOR SITE
PLAN REVIEW NO.328-04 TO ALLOW
THE RELOCATION OF THE HISTORIC
EDWARDS HOUSE TO PROPERTY LOCATED AT
THE SOUTHEAST CORNER OF ALMOND
AVENUE AND LEMON STREET.APPLICANT:
JOE AND LINDA DAY WHEREAS, Conditional Use Permit 1'10.2496-04, Variance
1'10.2136-04 and Minor Site Plan Review No. 328-04 were filed by Joe
and Linda Day in accordance with the provisions of
the City of Orange MunicipalCode; and WHEREAS, ConditionalUse Permit 1'10.
2496-04, Variance 1'10.2136-04 and Minor Site Plan Review No. 328-04 were
processed in the
time and manner prescribed by state and local law; and WHEREAS,
the City Council has considered the information contained in Mitigated Negative Declaration
No. 1727-04, including any comments received during the public review period, and has found
that with the adoption of mitigation measures andl conditions of approval to address potential
impacts that were identified, the project will
not cause significant adverse impacts upon the environment or wildlife; and WHEREAS,
the City Council conducted one duly advertised public hearing on May 11, 2004, for the
purpose of considering Conditional Use Permit No. 2496 -04, Variance No.2136-04 and
Minor Site Plan Review No. 328-
04, and Mitigated Ne:gative Declaration No.1727-04, upon property described as follows:The west 60 feet
of Lots 18, 19 and 20 in Block B of Beach's Addition to
Orange, in the City of Orange, as shown on map recorded on Book
6,Page
387 of Miscellaneous Maps, in the Office of the County Recorder of said County.NOW,
THEREFORE, BE IT RESOLVED by the City Cow1C:il of the
City of Orange that Mitigated Negative Declaration No. 1727-04, Conditional Use Permit No. 2496-04,
Variance No. 2136-04 and Minor Site Plan Review No. 328-04, to allow
the relocation of the historic Edwards House
SECTION 1 - FINDINGS 1.
The proposed project fulfills several Land Use Goals established in the City's General
Plan including: using both public & private reserve:s to upgrade infrastructure
and structures in Old Towne while maintaining the historic character
of the district, working to reduce land use conflicts between residential and
non-residential uses, and sponsoring programs which heighten community
awareness for preservation of significant residential structures.
2. The proposed zone change will eliminate the split zoning on the property, reduce
existing zoning conflicts between residential and commercial land uses and
foster new in-fill development that is compatible with the
surrounding
neighborhood.3. The existing site conditions are developed in a manner consistent with the City'
s General Plan and Zoning Ordinance for development in the R-
4 Multi-
Family Residential District.4. The Conditional Use Permit is granted upon sound principles of land
use and in response to services required by the community and subject
to those conditions necessary to preserve the general welfare, not the individual
welfare of
any particular applicant.5. 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.6. The new location of the Edwards House 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.7. Two-story construction (including relocation of
two-story buildings) within the Old Towne Historic District requires a
Conditional Use Permit. The Edwards House is compatible its new location and does not present
a bulk and mass issue because the second-story area of 448 square feet is
only 30% of the first floor
area of 1,464 square feet.8. The property appears as two
separate developments: the Edwards House facing Almond and the existing development
facing Lemon Stree:t. The existing historic structures on the site include
two studio apartments and one one-bedroom unit above the two-
car garage. The existing parking arrangement ofthe two tandem spaces in front of the
two-car garage has
been
9. The strict application of the zoning ordinance deprives the subject property of
privileges enjoyed by other Old Towne properties that have one-car garages,
and use tandem parking to accommodate off-street parking properties
under the identical
zone classification.10. Considering existing site restraints (existing trees, sufficient
recreational area and yard space), stafffeIt that the placement of the one-car
garage and driveway along the east property line would have less of an impact to
the site. The construction of a one4:ar detached garage would
additionally reflect the historical pattern and context for the relocated Edwards
House. The proposed development will provide five of the seven
required parking spaces.11. The variance granted is granted subject to conditions to
assure that the authorized adjustment shall not constitute a grant
of special privilege inconsistent with the limitations upon other properties in the vicinity
and zone in which subj ect
property is located.12. The proposal is based upon sound 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.13. 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 proposed mitigation measures,
conditions of approval, and application of code requirements, potential impacts
to City
services are adequately addressed.14. The proposed project has been designed to
mitigate or substantially minimize adverse environmental effects in that Mitigated
Negative Declaration No. 1727-04 was prepared and includes mitigation measures
that reduce potential
impacts to less-than-significant levels.15. That the City of Orange has made required
findings pursuant to CEQA as
set forth in Section 2 below.16. That the data and analysis upon which
these findings offact are based, including those in Section 2 of this Resolution, are set
forth in the staff report for Mitigated Negative Declaration
No. 1727-04, General Plan Amendment No.2004-0001, Zone
Change No. 1226-04, Conditional Use Permit No. 2496-04,Variance No.
2136-04, and Minor Site Plan Review No.
328-04, staffs oral presentation, public testimony, and
Commissioner
SECTION 2 - ENVIRONMENTAL REVIEW The
proposed relocation of the Edwards House is a component of the Main Library Expansion
project, which was the subject of a "first tier" CEQA analysis :md Mitigated Negative
Declaration 1688-02 certified in May 2003. In accordance with Section 15150 of the
CEQA Guidelines, this environmental analysis has incorporated by reference the City of
Orange Main Library Expansion Project Mitigated Negative Declaration No. 1688-
02.Mitigated Negative Declaration No. 1727-04 (attached) was prepared to evaluate
the potential environmental effects for General Plan Amendment No. 2004-0001, Zone
Change No. 1226-04, Conditional Use Permit No. 2496-04, Variance No. 2136-04,
and Minor Site Plan Review No. 328-04 in compliance with the California
Environmental Quality Act (CEQA). The City Council finds that Mitigated Negative
Declaration No. 1727-04 contains an adequate assessment of the potential environmental
impacts of General Plan Amendment No. 2004-0001, Zone Change No. 1226-04, Conditional
Use Permit No. 2496-04, Varianc<e No. 2136-04,Minor Site Plan Review
No. 328-04. The City Council finds that the potentially significant adverse environmental
impacts can be mitigated to a level of
insignificance and therefore approves and adopts
Mitigated Negative Declaration No. 1727-04.SECTION 3 - CONDITIONS OF APPROVAL
BE IT FURTHER RESOLVED that the following conditions for Conditional Use Permit No. 2496-
04, Variance
No.
2136-04, Minor Site Plan Review No. 328-04 are imposed with approval:General I. Within
two (2) days of final approval of this project, the applic,mt shall deliver
to the Planning Division a cashiers check payable to the Orange County Clerk
in an amount required to fulfill the fee requirements of Fish and Game Code Section 711.
4(d)(2) and the County administrative fee, to enable: the
City to file the Notice of Determination required under Public Resources Code 21152 14
Cal. Code Regulations 15075. If it is determined that
there will be no impact upon wildlife resources, the fee shall be $
43.00.2. All construction shall conform in substance and be maintained in
general conformance with plans labeled Exhibit No.1 (dated
February 3, 2004) and as
recommended for approval by the Planning Commission and ultimately approved by the City
Council.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
4. 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.
5. These conditions shall be reprinted on the cover sheet or first page of
construction documents prior to the issuance of building permits.
Planninl! Division
6. Final landscape plan to include City required inspection notes.
7. The applicant shall submit matching brick and masonry material samples to the
Design Review Committee for review and approval prior to the issuance of
building permits.
Mitil!ation Measures Source: Main Librarv EXDansion Proiect MND
8. The new foundation treatment (parging) for the house should be designed to
emulate the original in texture and finish detail. The foundation design shall be
reviewed and approved by the Community Development Department prior to
construction (Mitigation Measure CR-
l).9. A photo-record including field measurements of the eXlstmg
wood porch columns and masonry work including porch piers, fireplace,
related concrete landings, steps, and porch shall be completed prior to relocation of
the Edwards House. This physical record is intended to guide any necessary repairs
and/or replacement of architectural appurtenance items damaged upon its
removal or relocation (Mitigation
Measure CR-2).10. An experienced and qualified Historic House Mover shall be
selected to carry-out all necessary work required to assess, move,
set-down, and reassemble,and/or reconstruct the building in the same state as existing
prior to its
location Mitigation Measure CR-3).11. The Historic House Mover shall take all necessary
steps to protect the building,its features and appearances
during the preparation, relocation, temporary storage, and reassembly of the Edwards
House. Adequate internal and external bracing (front porch gable roof and existing masonry
fireplace) shall be used to strengthen and provide the necessary support
in preparation for moving the Edwards House in a safe manner to its
new location (
Mitigation Measure CR-4).BuiIdinl! Division 12. The applicant shall submit a gJading plan
to the Building Department for review and approval during plan check and
prior
13. The applicant shall provide a plan and obtain approval to relocate an existing
sewer lateral that crosses the subject property so that any new construction
garage) does not cover or come within 12" of any new foundation wall.
Public Works DeDartment
14. The applicant shall dedicate to the City a 10' x 10' comer cut-off at
Lemon Street and Almond
Avenue.15. Provide three 24" box street trees along Lemon Street, trees to be of the
same species from the approved street tree list (type and location to be approved
by Doug Kokesh, City's Tree Services Coordinator at
714-532-6470).16. Provide a new sewer connection for
the Edwards House.17. New driveway design will have Old Towne Curved Radius (edge
of radius can start at
east property
line).Water Division 18. Each building shall be metered separately unless otherwise
approved by
the Water Division.19. 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.Cultural Resources 20. In the event archaeological resources, paleontological resources,
and/or human remains are encountered during grading, work shall be
stopped immediately or redirected until the appropriate
Community Development qualified archaeologist, paleontologist, and/or the Orange County Coroner
can be retained on-site to monitor all earth moving activities and
to evaluate the discovered resources and/or human remains and develop a
recovery program, if warranted.This condition shall be printed on all building and
grading plans and the Community Development Department shall check plans
prior to issuance of Land Use
Permit (Mitigation Measure CR-
5).Hazards and Hazardous Materials 21. Prior to project approval, the applicant shall submit a
traffic control plan to the City Traffic Engineer and Fire Department for
review and approval. A traffic control plan shall be prepared and approved by
the City Tramc Engineer and Fire Department that specifies measures to
be taken to minimize travel disruptions and safety
hazards, including minimizing inconveniences to residents and businesses, and ensure adequate
emergency access at all times.The plan shall include a description of the transportation
route and time of road closures. Monitoring: The Community
Development Departmt:nt shall monitor the relocation of the Edwards House to
ensure compliance with the traffic
control
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, Conditional Use Permit No. 2496-04, Variance No. 2136-
04 and Minor Site Plan Review No. 328-04 will expire two (2) years
from the approval date. An extension of time may be permitted upon a written
request, if received before
the expiration deadline.ADOPTED
this 11 th day
of
May,
2004.ATTEST:range 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 11 th day of May, 2004, by
the
following
vote:
AYES:
NOES:ABSENT:ABSTAIN:COUNCILMEMBERS: Ambriz, Alvarez,
Murphy, Coontz,
Cavecche COUNCILMEMBERS:
None COUNCILMEMBERS:
None COUNCILMEMBERS: None y, CityC~~
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