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2022 PC 05-22 FIRST PRESBYTERIANAPPEAL NO 0557-22 RESOLUTION NO. PC 05-22 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ORANGE APPROVING APPEAL NO. 0557-22, APPROVING DESIGN REVIEW NO.5056-21 AND MINOR SITE PLAN REVIEW NO. 1066-21 FOR REMODEL OF THE CHURCH ADMINISTRATION BUILDING AT 191 N. ORANGE STREET APPLICANT: C&C DEVELOPMENT Moved by Commissioner Vice -Chair Glasgow and seconded by Chair Vazquez that the following Resolution be adopted: WHEREAS, the Planning Commission has authority per Orange Municipal Code (OMC) Table 17.08.050 to take action on Appeal No. 0557-22, an appeal of the denial of Design Review No. 5056-21 and Minor Site Plan Review No. 1066-21 by the Design Review Committee, an application to remodel the church administration building at 191 N. Orange Street; and WHEREAS, Appeal No. 0557-22 was filed by the applicant in accordance with the provisions of the OMC; and WHEREAS, Appeal No. 0557-22 was processed in the time and manner prescribed by state and local law; and WHEREAS, the project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15301 (Class 1— Existing Facilities) because the project consists of remodeling of an existing building with an addition less than 2,500 square feet, consistent with the property's zoning and General Plan designation; and WHEREAS, the City inter -departmental staff review committee reviewed the submitted project plans on September 29, 2021 and December 1, 2021, and recommended approval of the applications requested subject to standard conditions; and WHEREAS, the Design Review Committee reviewed the subject proposal at the January 19, 2022 and March 2, 2022 regular meetings and denied Design Review No. 5056-22 and Minor Site Plan Review No. 1066-22, citing inability to make the findings of approval for Design Review and Minor Site Plan Review, based on incompatibility with abutting historic residential development, inadequate screening, and building material choices. In response, the applicant appealed the decision of the Design Review Committee to the Planning Commission for consideration; and Resolution PC No. 05-22 Page 2of11 WHEREAS, the Planning Commission conducted a duly advertised public hearing on April 4, 2022 at which time interested persons had an opportunity to testify either in support of or opposition to Appeal No. 0557-22 upon property described in Exhibit "A," attached hereto and incorporated herein. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission approves Appeal No. 0557-22, approving Design Review No. 5056-21 and Minor Site Plan Review 1066-21 for remodel of the church administration building at 191 N. Orange, based on the following findings: SECTION 1— FINDINGS General Plan Finding: 1. The project must be consistent with the goals and policies stated within the City's General Plan. The project is consistent with the goals and policies stated in the City's General Plan Land Use and Economic Development Elements. Retail commercial development under the site's Old Towne Mixed Use land use designation offers the public a wide variety of services, promotes commercial enterprise, supports a revenue -generating business, and encourages the creation of a successful commercial district. Permitting new commercial development on the project site revitalizes a currently vacant lot. Authorizing new retail commercial site improvements may help to retain the neighborhood -level economic activity and demonstrate economic vitality of the Old Towne Historic District. Design Review 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 DRC or other reviewing body for the project (OMC 17.10.070. G.1). The proposed project is in conformance with the Historic Preservation Design Standards for Old Towne, which are the prescriptive design criteria for projects within the Old Towne Historic District. The building scale and massing are consistent with this type of institutional property in the historic district. The design modifications incorporate building materials and features that are compatible with the Historic District and will not adversely affect the Historic District. The landscape and building design create a compatible transition between the commercial downtown of the Plaza and the adjacent historic residential neighborhood. 2. 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 (OMC 17.10.07. G. 3). Projects located within the Old Towne Historic District must comply with the Historic Preservation Design Standards for Old Towne and SOI Standards (as applicable). As proposed, the proposed work conforms with the design standards. Resolution PC No. 05-22 Page 3 of 11 Minor Site Plan Review Finding 1. The project design is compatible with surrounding development and neighborhoods. The project is compatible with the Old Towne Historic District in that it revitalizes an existing property in the mixed -use area of the Historic District. The project provides a commercial use for the property consistent with the OTMU-15 zone and the surrounding uses. The design and materials for the project also meet the required design standards for the Historic District. 2. The project conforms to City development standards and any applicable special design guidelines or specific plan requirements. The project conforms to City development standards for the OTMU-15 zone. As described above, the project is in conformance with the Historic Preservation Design Standards for Old Towne. 3. The project provides for safe and adequate vehicular and pedestrian circulation, both on- and off -site. The Public Works Department Traffic Division reviewed the project and did not identify any issues. The project improves existing vehicular and pedestrian circulation by creating safe, code -compliant driveways and walkways adjacent to and through the property. Conditions of approval include the construction of accessibility improvements to create Americans with Disabilities Act (ADA) compliant sidewalks and driveways, consistent with City Standard Plans and Specifications. 4. City services are available and adequate to serve the project. The project has been reviewed by applicable City staff to ensure that City services are available and adequate to serve the property. The project incorporates design features that address OMC requirements and provides building and infrastructure systems that maximize safety and ensure adequate utility services to the site. 5. The project has been designed to fully mitigate or substantially minimize adverse environmental effects. No adverse environmental effects have been identified. The proposed project is categorically exempt from the provisions of CEQA per State CEQA Guidelines 15301 (Class 1 — Existing Facilities). SECTION 2 — ENVIRONMENTAL REVIEW The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15301 (Class 1— Existing Facilities) because the Resolution PC No. 05-22 Page 4 of 11 project consists of remodeling of an existing building with an addition less than 2,500 square feet, consistent with the property's zoning and General Plan designation. No public review is required. SECTION 3— CONDITIONS OF APPROVAL BE IT FURTHER RESOLVED that the following conditions are imposed with approval: 1. The project shall conform in substance and be maintained in general conformance with plans and exhibits labeled Project Plans in the staff report dated April 4, 2022 including any modifications required by conditions of approval, and as approved by the Design Review Committee. Any future expansion in area or in the nature and operation of the use approved by Design Review No. 5056-21 and Minor Site Plan Review No. 1066-21 shall require an application for a new or amended Site Plan Review. 2. 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 the approved plan, the Community Development Director may approve the changed plan without requiring a new public hearing. Should the modifications be considered substantial, the modifications shall be reviewed and approved by the Design Review Committee. 3. These conditions shall be reprinted on the second page of the construction documents when submitted to the Building Division for the plan check process. 4. The applicant shall contract with an architectural salvage service to remove all reusable wood sash windows on the south elevation of the building. 5. Landscape maintenance shall be performed in such a manner as to allow all trees to retain their full canopy height for screening and full canopy breadth for shade at point of maturity, except as required for public safety purposes. 6. The applicant shall relocate the E. Maple Avenue entrance of the proposed restaurant tenant space to N. Orange Street. An access door shall be placed on Maple Avenue for egress only and will be inaccessible as a public entrance. The door shall be labeled "exit only" to indicate its purpose. 7. The applicant shall place verbiage in all tenant leases stating the following: Loading and unloading of large vehicles shall only take place in the approved loading zone located on N. Orange Street and the property parking lot. The applicant, at its sole cost, and by direction of City Public Works Department staff, will post directional signs on E. Maple Avenue to direct commercial deliveries to the approved loading and unloading zones. 8. The applicant shall minimize lighting along E. Maple Avenue consistent with the Orange Municipal Code. Prior to Certificate of Occupancy, City staff shall conduct a nighttime walk to ensure lighting is in conformance with OMC Section 17.12.030. 9. The patio seating area along E. Maple Avenue shall have screening at a minimum height of 42 inches from finished floor and of a design that is consistent with the project and compatible with the neighborhood to reduce sound attenuation and visual impacts. Resolution PC No. 05-22 Page 5 of 11 10. 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. 11. Design Review No. 5056-21 and Minor Site Plan Review No. 1066-21 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. I hereby certify that the foregoing Resolution was adopted on April 4, 2022, by the Planning Commission of the City of Orange by the following vote: AYES: Glasgow, Simpson, Martinez, Trapesonian, and Vazquez NOES: None ABSTAIN: None ABSENT: None David Vazquez, Planning Commission Chair Resolution PC No. 05-22 Page 6of11 ATTACHMENT A LEGAL DESCRIPTION Lots 1, 2, 3, 45 115 12, 13 and 14 in Block A of the Town of Orange, in the City of Orange, County of Orange, State of California as shown on a map recorded in Book 2, Pages 630 and 631 of Miscellaneous Records of Los Angeles County, California. APN: 039-252-16 Resolution PC No. 05-22 Page 7 of 11 ATTACHMENT B PROCEDURAL CONDITIONS OF APPROVAL The approval of this project is subject to the following conditions: 1. Building permits shall be obtained for all construction work, as required by the City of Orange, Public Works Department Building Division. Failure to obtain the required building permits may be cause for revocation of this entitlement. 2. Prior to issuance of building permits for the project, the applicant shall pay all applicable development fees, including but not limited to: City sewer connection, Orange County Sanitation District Connection Fee, Transportation System Improvement Program, Fire Facility, Police Facility, Park Acquisition, Sanitation District, and School District, as required. 3. The project approval includes certain fees and/or other exactions. Pursuant to Government Code Section 66020, these conditions constitute written notice of the fees and/or exactions. The applicant is hereby notified that the ninety (90) day protest period commencing from the date of approval of the project has begun. If the applicant fails to file a protest regarding these conditions or requirements, the applicant is legally barred from later challenging such exactions per Government Code Section 66020. 4. In conjunction with the operation of the project, the property owner shall be responsible for maintaining the property to a level deemed adequate by the Community Development Director or designee. This includes, but is not limited to, the buildings, landscaping, recreational facilities, trash areas, signage, utilities, walls, fences, gates, and parking areas. 5. The applicant shall comply with all federal and state regulations regarding the handling and disposal of asbestos and lead -based paint. 6. Plans submitted for Building Plan Review 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. 7. The following building improvements are required as conditions of approval for Tentative Parcel Map No. 0015-20 and shall be included on the construction plans for this project prior to issuance of a building permit. o Fire life/safety improvements: ■ Combustible, concealed spaces shall be protected in accordance with National Fire Protection Association (NFPA) 13. ■ Gap between structures shall be sealed with minimum 2-hour fire resistive rating method or material. ■ Supply for the current partial fire sprinkler system shall be upgraded to a double-check detector check assembly with new hydraulic calculations to confirm supply will continue to be sufficient for required demand and shall Resolution PC No. 05-22 Page 8of11 be submitted for building permit issuance by a qualified licensed C-16 contractor. ■ An automatic, supervised, fire sprinkler monitoring system is required and shall be submitted for building permit issuance by a qualified licensed C-10 contractor. ■ The applicant shall provide documentation to the City of Orange Fire Department that upgrades to windows or renovations having been made after 1963 approved construction design on the east wall windows of the Administration Building meet current opening protective for 2-hour fire rated assembly or shall upgrade windows to meet this requirement. ■ Southeast exterior stair of the Administration Building shall be retrofitted to meet 2-hour fire resistive construction, in accordance with 1963 approved construction plans, along east wall. o Water improvements, including a backflow prevention device for the existing water service and a separate dedicated Fire service with dedicated backflow prevention device as shown on Tentative Parcel Map. 8. Prior to issuance of any permit for construction, the applicant shall record the Final Parcel Map approved as Tentative Parcel Map No. 0015-20. 9. The applicant shall submit a grading plan in compliance with City standards for review and approval by the Public Works Director. All grading and improvements on the subj ect property shall be made in accordance with the Manual of Grading and Standard Plans and Specifications to the satisfaction of the Public Works Director. The applicant may be required to include Phased Erosion and Sediment Control Plans, Site Demolition Plan, and Utility Plan as part of the grading plan. 10. The contractor shall obtain a Grading Permit from the Public Works Department prior to start of any site demolition, clearing and grubbing, and grading. 11. Any soil imported or exported shall require a Transportation Permit from the Public Works Traffic Division. 12. Upon submittal of grading plan for plan check, the applicant shall submit a deposit to cover plan check and inspection services related to the grading activities. 13. The grading plan shall detail all of the locations where retaining walls will be constructed. Geometric detail of retaining walls shall be shown on the grading plan, including material type, dimensions, backfill, and subdrains. A building permit is also required for retaining walls over 4 feet in height measured from the bottom of the footing to the top of the wall prior to construction. Structural details and design calculations shall be submitted as a separate document and will be reviewed and permitted by the City's Building Division. 14. Any grading outside of the owner's property boundary shall require the applicant to either obtain a temporary construction easements or permission by adjacent property owners in a form suitable to the Public Works Director. 15. All sewer and storm drain lines shall be shown on the Grading Plan. Other utility lines, such as water lines, may also be shown on the Grading Plan for reference. Resolution PC No. 05-22 Page 9 of 11 16. All structural Best Management Practices (BMPs) for water quality purposes shall be shown on the Grading Plan. Water quality features shown on the Grading Plan must match the approved Water Quality Management Plan. 17. The property owner shall maintain in good condition all on -site driveways where heavy- duty trucks would travel. 18. Prior to issuance of a building permit, a Certificate Letter of Line and Grade shall be submitted to the Public Works Construction Inspector demonstrating that the site grading and pad elevation are completed according to the grading plan. 19. All works within public right-of-way and public utility easements shall obtain Encroachment Permits, including sidewalk and driveway construction and utility main and lateral connections, prior to the start of work. 20. All public infrastructures, including street sections, sidewalk, driveway apron, and utilities shall comply with City of Orange Standard Plans and Specifications. 21. Any new utilities serving the property, such as electric, cable television, lighting, and communications, shall be installed underground, completed and approved by the appropriate utility provider. 22. Prior to issuance of a certificate of occupancy, the applicant shall construct ADA-compliant sidewalk ramps at the southeast corner of the intersection of E. Maple Avenue and N. Orange Street and at the southwest corner of the intersection of E. Maple Avenue and N. Grand Street per City Standard Plan 121. 23. Prior to issuance of a certificate of occupancy, the applicant shall remove unused driveway approaches and shall restore them to full -height curb and gutter, including any sidewalk restoration at the driveway apron. 24. Prior to issuance of a certificate of occupancy, the applicant shall ensure that all driveway aprons conform to City Standard Plan 115 for commercial driveways with ADA accessibility and radial curbs. 25. Prior to issuance of a certificate of occupancy, all driveway approaches shall conform to ADA standards for wheelchair access in City Standard Plans 115 and 116. 26. Prior to issuance of a certificate of occupancy, the applicant shall repair any cracked, uneven, or damaged public sidewalk and curb and gutter along the property frontage. 27. Prior to issuance of a certificate of occupancy, the applicant shall submit an addressing plan to the Public Works Department for review and approval. 28. Prior to building permit issuance, the applicant shall submit improvement plans to the Water Division for review and approval for any new fire hydrants, domestic water services, fire services, landscape services, and any other proposed improvements or relocations affecting the public water system facilities. 29. Prior to issuance of the certificate of occupancy, the applicant shall be responsible for the installation of necessary fire hydrants and fire services as approved by the Fire Department and Water Division. 30. Prior to building permit issuance, the Water Division shall approve the type and location of landscaping and fire service (backflow prevention) device for proposed City services. Resolution PC No. 05-22 Page 10 of 11 31. Prior to building permit issuance, construction documents shall show that a 6-foot minimum horizontal clearance and a 1-foot minimum vertical clearance would be maintained between City water mains, laterals, services, meters, fire hydrants and all other utilities except sewer. The Water Division shall review and approve the construction documents. 32. Prior to building permit issuance, construction documents shall show that an eight -foot minimum clearance is provided between City water mains, laterals, services, meters, fire hydrants, signs, or trees or other substantial shrubs and plants as required by the Water Division. The Water Division shall review and approve the construction documents. 33. Prior to building permit issuance, construction documents shall show that permanent signs, awnings, surface water quality management features or other structures are not built over water mains, laterals, services, meters, or fire hydrants as required by the Water Division. 34. Prior to building permit issuance for the first phase of work, the applicant shall be responsible for obtaining approval of all necessary encroachment permits from affected agencies for all public water construction work. 35. Prior to approval of a water improvement plan, the applicant shall satisfy all water main connection, plan check, and inspection charges as determined by the Water Division. 36. Prior to the issuance of any grading permit, the applicant shall construct all public and/or private improvements to the satisfaction of the Water Division. The applicant may be required to enter into an agreement with the City of Orange, and post security in a form and amount acceptable to the City Engineer and/or Water Division to ensure construction of said improvements. 37. 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. 38. Plans submitted during plan check 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 management, fire master and/or fire suppression plans so that their designs are consistent. 39. At least fourteen calendar days prior to commencing construction, the applicant's civil engineer shall prepare and provide product material submittals consistent with the water improvement plans for all proposed public water system facilities to the Water Division per the City of Orange General Water Construction Notes for review and approval. 40. Prior to issuance of certificate of occupancy, the applicant shall furnish and install individual pressure regulators on new services where the incoming pressure exceeds eighty -pounds per square inch. 41. Prior to the issuance of any building or grading permits, the applicant shall submit a Non - priority Project Water Quality Management Plan (WQMP) for review and approval to the Public Works Department that: Resolution PC No. 05-22 Page 11 of 11 o Addresses Site Design BMPs as applicable, such as minimizing impervious areas, maximizing permeability, minimizing directly connected impervious areas, creating reduced or "zero discharge" areas, and conserving natural areas; o Incorporates the applicable routine structural and non-structural source control BMPs, as defined in the Drainage Area Management Plan (DAMP); o Generally describes the long-term operation and maintenance requirements for applicable structural control BMPs, o Identifies the entity that will be responsible for long-term operation, maintenance, repair and/ or replacement of the BMPs; o A copy of the forms to be used in conducting maintenance and inspection activities; o Adheres to record keeping requirements (forms to be kept for 5 years). 42. Prior to the issuance of certificates for use of occupancy, the applicant shall demonstrate the following to the Public Works Department: o That all applicable structural BMPs described in the Project WQMP have been constructed and installed in conformance with the approved plans and specifications; o That the applicant is prepared to implement all non-structural BMPs described in the Project WQMP; o That an adequate number of copies of the project's approved final Project WQMP are available for the future occupiers.