RES-9142 Denying Appeal No. 461RESOLUTION NO. 9142
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ORANGE DENYING APPEAL NO. 461 AND
UPHOLDING THE DECISION OF THE PLANNING
COMMISSION TO DENY MINOR SITE PLAN REVIEW
81-99 AND MITIGATED NEGATIVE
DECLARATION 1593-99 ALLOWING THE DEMOLITION
OF AN EXISTING GARAGE AND CONSTRUCTION
OF TWO,ONE AND ONE-HALF STORY
DUPLEXES AND A SINGLE STORY
GARAGEIWORKROOM FOR SIX VEHICLES BEHIND AN
EXISTING HISTORIC SINGLE FAMILY HOME ON PROPERTY
LOCATED AT 630
EAST CULVER AVENUE.
Appeal No. 461 Minor Site
Plan Review 81-99
Mitigated Negative Declaration 1593-99
Applicant
and Appellant: Ralph Zehner RECITALS:WHEREAS, on March 15, 1999, the Planning Commission
of the City of Orange conducted a public hearing as required by law to consider Minor
Site Plan Review 81-99 and
Mitigated Negative Declaration No. 1593-99; and WHEREAS, the proposed Minor Site Plan was
to allow the demolition of an existing garage and construction of two, one and
one-half story duplexes and a single story garage/workroom for six vehicles behind
an existing historic single
family home on property within Old Towne; and WHEREAS, the subject property is commonly
known as 630 East Culver
Avenue and is more particularly described as follows:THE EAST
HALF OF THE FOLLOWING DESCRIBED LAND: COMMENCING 30 FEET SOUTH 132
FEET WEST OF THE NORTHEAST CORNER OF RICHLAND FARM LOT 38, IN THE
CITY OF ORANGE, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A
MAP RECORDED IN BOOK 5, PAGE 1123 OF
MISCELLANEOUS RECORDS, OF LOS ANGELES COUNTY, AND RUNNING THENCE SOUTH 301
FEET; THENCE WEST 132 FEET; THENCE NORTH 301 FEET AND THENCE
EAST 132 FEET TO THE POINT OF BEGINNING.WHEREAS, by Resolution No.
23-99, the Planning Commission denied the Minor Site
WHEREAS, Appeal No. 461 was timely filed by the appellant, Ralph Zehner; and
WHEREAS, the City Council heard the appeal of appellant by conducting a public
hearing on May 25, 1999; and
WHEREAS, at said public hearing, the City Council heard the testimony of appellant,
his alttorney, his architect, and 32 members of the public, and considered documentary evidence
presented.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange
that Appeal No. 461 is denied and Minor Site Plan Review 81-99 and Mitigated
Negative Declaration No. 1593-99 are denied for the
following reasons:1. The foregoing recitals are true
and correct.2. The proposed project does not comply with the Design Standards
in that:a) The garage building is too large in terms of its closeness
and physical relationship to the front dwelling and is not consistent in size,
scale and context with surrounding development and is not compatible
with the character of the
surrounding area.b) The overall height and roof pitch of the garage building
causes an imposition upon the historic relationship of the open space
of the streetscape and the contributing structures on the south side
of
Culver Avenue.c) The development is incompatible with the current
historic architectural context and bulk and mass of existing buildings on the block
and will,therefore, erode or adversely affect the character of he
other historic residences on
the block.3. Because the proposed project does not comply with the Design Standards,
the sole mitigation measure identified in the Negative Declaration cannot be
accomplished and substantial evidence exists in the record that the proposed project will cause a
substantial adverse change in the significance of the historic district as a
historic resource.4. The proposed project (a) is not consistent with the City's General Plan,
and, more specifically, the Historic Preservation Element thereof including, but not limited
to, the implementation actions set forth on page 34 thereof; (b) does not comply with
the three mitigation measures imposed by General Plan Amendment 3-93 and Zone
Change 1159-93; (c)does not comply with the Site Plan Review findings, which are based
upon consideration of the criteria set forth in Subparagraph "F" of Section 17.10.060 of the
Orange Municipal Code; (d)based upon the "general criteria" from the Design Standards, does not
conform to the standards and design criteria referenced and/or recommended by the Design Review
Board for the project,
and the use and design adversely affects, and is not compatible with, the use and design of
existing buildings within Old Towne; and (e) the design of the new residences is not
complementary to other residences on the block and is not consistent with the massing, scale,
shape, and proportions of contributing buildings on the street.
Adopted the 22ndday ofJune, 1999.
ATTEST:
C~td~AU7t
City Clerk of the . of Orange
I 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 22"d day of June, 1999, by
the following vote:
AYES: COUNCIL MEMBERS: MURPHY, SLATER, COONTZ, SPURGEON, ALVAREZ
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
MEB
3 Reso No. 9142