Loading...
RES-9762 Denying Conditional Use Permit 2417-02RESOLUTION NO. 9762 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE DENYING CONDITIONAL USE PERMIT NO. 2417-02 AND ADMINISTRATIVE ADJUSTMENT NO. 03-4, WHICH SOUGHT TO ALLOW THE EXPANSION OF AN EXISTING FACILITY FOR WOMEN AND THEIR CHILDREN AT 655 SOUTH GLASSELL STREET - THE ELI HOME, INC.APPLICANT: THE ELI HOME, INC.MICHAEL GALLOWAY)WHEREAS, Conditional Use Permit No. 2417-02 and Administrative Adjustment No. 03-4 were filed by Michael Galloway, representing The Eli Home, Inc., in accordance with the provisions of the City of Orange Municipal Code, to allow additional development of a .42 acre (18,445 sq. ft.) lot (655 South Glassell Street) by constructing a 2-story Craftsman Style building comprised of2 apartment units (a combined total of3,938 sq. ft.),a 2-story 2,434 sq. ft. addition to the existing 2,047 sq. ft. residence (a combined total of 4,481 sq. ft.), a 2-car 553 sq. ft. garage, a 3-car carport, and the demolition of a 256 sq. ft.storage unit along the north side of the property; and WHEREAS, Conditional Use Permit No. 2417-02 and Administrative Adjustment No. 03-4 were processed in the time and manner prescribed by state and local law; and WHEREAS, Conditional Use Pennit No. 2417-02 and Administrative Adjustment No.03-4 are exempt from the requirements of the California Environmental Quality Act (CEQA),per CEQA Guidelines Section 15303 (Class 3, new construction or conversion of small structures) and Section 15332 (Class 32, In-Fill Development); and WHEREAS, the subject property is commonly known as 655 South Glassell Street and is more particularly described as follows:PARCEL 1:LOT 6 AND 7 IN BLOCK 4 OF NUTWOOD PLACE, IN THE CITY OF ORANGE, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 4, PAGE(S) 70 AND 71 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.EXCEPT THEREFROM THE WESTERLY 17.00 FEET OF SAID LOT 6 AS GRANTED TO THE CITY OF ORANGE IN THE GRANT DEED RECORDED APRIL 26, PARCEL 2: THAT PORTION OF LOT 2 IN BLOCK D OF THE CHAPMAN TRACT, IN THE CITY OF ORANGE, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 102, PAGE 15 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 6 IN BLOCK 4 OF NUTWOOD PLACE, AS PER MAP RECORDED IN BOOK 4 PAGES 70 AND 71 OF MISCELLANEOUS MAPS, THENCE EASTERLY 262.85 FEET ALONG THE SOUTHERLY LINE OF LOTS 6 AND 7 IN SAID BLOCK 4 TO THE SOUTHEAST CORNER OF SAID LOT 7; THENCE SOUTHERLY 25 FEET ALONG THE EXTENDED WESTERLY LINE OF ORANGE STREET, THENCE WESTERLY 240 FEET IN A STRAIGHT LINE, PARALLEL WITH THE SOUTHERLY LINES OF SAID LOTS 6 AND 7; THENCE NORTHWESTERLY TO THE POINT OF BEGINNING. EXCEPT THEREFROM THAT PORTION DESCRIBED IN PARCEL 2 IN THE GRANT DEED TO THE CITY OF ORANGE RECORDED APRIL 26, 1973 IN BOOK 10664 PAGE 502 OFFICIAL RECORDS. WHEREAS, the City Council conducted a duly advertised public hearing on June 24, 2003, to consider Conditional Use Permit No. 2417-02 and Administrative Adjustment No. 03- 4; and WHEREAS, at said public hearing, the City Council heard testimony of the Applicant, eight members of the public, and considered documentary evidence presented.NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange that Conditional Use Permit No. 2417-02 and Administrative Adjustment No. 03-4 are hereby denied for the following reasons:I. The proposed project is unusual for the area in that it has frontage on both the east side of Glassell Street and the west side of Orange Street. Glassell is an 80-foot wide four-lane primary arterial. Orange Street is a substandard street in terms of width. It measures just 25 feet wide curb to curb. The standard for this type of neighborhood street is 36 feet wide. Due to the substandard width, parking is permitted on the east side only. Orange Street cul-de-sacs at the project location,with Hart Park immediately south.2. The neighborhood on Orange Street both around the project and on adjacent streets to the north and east is characterized primarily by single-family homes.There are some duplexes and/or second units in the rear yard of some of the single-family homes. The nearest major street running perpendicular to the project is La Veta Avenue, two blocks north of the project location. From La Veta Avenue to the project's cul-de-sac location, there are 23 lots with frontage on Orange Street.None of developments. No multiple family development takes access off Orange Street in this neighborhood. 3. Glassell Street, south of La Veta Avenue to the project location, has a much different character. It is characterized primarily by multiple family residential uses on the east or project side of Glassel1. All of these multiple family residential uses take access off Glassell. On the west side of Glassell, south of La Veta Avenue to the project, is a large church, restaurant use and multiple family residential use. All take access off Glassell. The lot directly north of and adjacent to the project on Glassell is a multiple family development that takes access off Glassell. 4. It is estimated that there are currently approximately 160 trips a day generated on Orange Street, south of La Veta. While no specific trip generation statistics are available for this particular type of project, using trip generations statistics for apartments, which most closely matches the proposed use, staff estimates that the project would generate another 45-66 trips per day.5. Trip generation statistics for apartment uses are appropriate for the projects for several reasons. One, the subject property is zoned R-3. Two, the R-3 zone permits multiple family residential units. Three, once constructed, the proposed use could change to a multiple family residential use, potentially without any further approvals from the City.6. The project is located in the City's Old Towne Historic District, which is on the National Register of Historic Places and according to the State Historical Resources Survey, is the second largest concentration of historic structures in the State. Of the 23 lots with frontage on Orange Street south of La Veta, IS contain contributing residential historic structures (see attached map). Hart Park, located immediately south of and adjacent to the project is also on the National Register Listing. While public testimony and legal arguments were presented that the so-called, Watson House, located on the project site is a contributing historic structure and/or should be listed as such, the City Council makes no finding that the Watson House is or should be listed as an historical structure.7. As noted, Orange Street is a narrow substandard street. With a car parked in the street, two-way traffic becomes difficult. The ability of two cars to pass safely on trash days is perhaps not possible. While Orange Street is capable of handling the additional traffic trips generated by the project, the project would result in an estimated 28%-41% increase in daily trips on Orange Street. And while there was conflicting testimony as to whether this project would generate less or more trips than staff's estimates for multiple family housing as noted above, once constructed the project could potentially be converted to multiple family housing without further discretionary approvals from the City.8. Because of the substantial percentage increase in traffic generated by this project, the narrowness of Orange Street, the cul- de-sac location and the character of residential development on Orange Street vs. Glassell Street, access should be taken off Glassell. Requiring access off Glassell is on both Glassell and Orange. There is little objective evidence to suggest that access off Glassell Street presents any particular problems from either a traffic or safety standpoint. No evidence was presented that any of the multiple family developments adjacent to and near the project have created any particular traffic problems by taking access off Glassell. Other than having to modify their plans, the applicant did not present significant evidence that requiring access of Glassell Street posed a hardship. There was no public testimony against taking access off Glassell Street. The weight of the evidence is that the impact of additional traffic on Glassell Street would be far less significant than it would be on Orange Street. 9. Because the project is in the Historic District, it is subject to the Old Towne Design Standards. Part ill, Chapter 5, of the Old Towne Design Standards provides in pertinent part: a. The design of a new residence shall be complementary to other residences on the block. Specifically, infill construction shall be consistent with the following characteristics of contributing buildings on the street. 1. Massing, scale, shape and proportions. 2. Open space, rhythm and pattern. Chapter 5, subparagraph B, Design Standards, further provides: a. All buildings shall have a minimum front yards setback of 20 feet. b. No required parking shall be permitted in front of any principal building. The project is not in keeping with the Old Town Design Standards or the historical character of the neighborhood in that it proposes to locate a garage structure facing out on Orange Street across the entire width of the property and proposes that required parking be placed in front of the garage, adjacent to Orange Street. Because of the uniqueness of the project (frontages on both Glassell and Orange), it should be designed as if it had two frontages, to make the project's scale, shape and rhythm in line with other historic contributing structures on Orange Street and in line with the neighborhood's historical character and usage. The parking should not be placed in front of the principal building(s) on Orange Street. There is no significant justification for permitting an intrusion into the required setback of 20 feet. The bulk and mass of the project in relationship to the existing neighborhood on Orange Street is too great. 10. The City Council is charged with the preservation of the City's Historic District. Chapter 17.17 of the Orange Municipal Code directs the City to, among other things, review development to ensure that it is compatible with community aesthetics, that it encourages preservation of historic resources, introduces complementary design and construction. As proposed by the applicant, this project does not accomplish these goals. 4 L ADOPTED this 22nd day of July 2003. ATTEST: Cassandra J. Ca c ,City Clerk, City of Orange I, CASSANDRA J. CATHCART, 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 22nd day of July 2003, by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: Alvarez, Murphy, Coontz COUNCILMEMBERS: Ambriz COUNCILMEMBERS: Cavecche COUNCILMEMBERS: None a/4~,(A~1Iea;~ -IJ7 Cassandra J. C art, City Clerk, City (If Orange 5