Loading...
HomeMy WebLinkAbout2023 PC 16-23 APPEAL NO. 0563-23 DESIGN REVIEW NO. 5067-22 RYAN AND MICHELLE MALLOYAPPEAL NO.0563.23 DESIGN REVIEW NO. 5067-22 RESOLUTION NO. PC I6-23 APPLICANT: RYAN AND MICHELLE MALLOY WHEREAS. orange Municipal code (oMC) Secrion 17.08.050.4 authorizes any final action taken by the Design Review committee to be appealed to the planning commission. OMC Section 17.08.050.E authorizes the Planning Commission to conduct a hea.ing and take action on such appeals; and WHEREAS, Design Review No. 5067 -22 was filed by Ryan and Michelle Malloy for the demolition of an existing garage and the construction of a new 400 square-foot garage with an attached 108 square-foot workshop restroom and storage structure ltotal S08 squaie feet; at a 35-foot setback at 159 N. Shaffer Street in accordance with the provisions ofthe oMC; and WHEREAS' Design Review No. 5067-22 was processed in the time and manner prescribed by state and local law; and WHEREAS, on June 21, 2023. the Design Review commitree reviewed Design Review No. 5067-22 and denied the application; and WHEREAS, on July 6, 2023, Appeal No.0563-23 was filed by Ryan and Michelle Malloy. appealing the Design Review committee's denial to the planning Commission; and WHEREAS' on August 7,2023, the planning Commission considered the staff report and backup documentation, the grounds for the appeal, and accepted public testimony at a public hearing; and Now, THEREFORE, BE IT RESOLVED that the planning commission approves Appeal No. 0563-23 and approves Design Review No. 5067-22 to demolish an existing garage and build a new 400 square-foot garage and an attached 108 square-foot workshop restriom and A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ORANGE APPROVING APPEAL NO. 0563- 2.J AND APPROVING DESIGN REVIEW NO. 5067.22 TO CONSTRUCT A NEW 5OO SQUARE FOOT GARAGE AND ATTACHED 108 SQUARE FOOT WORKSHOP RESTROOM AND STORAGE STRUCTURE (TOTAL 508 SQUARE FEET) AT A 3s-FOOT SETBACK LOCATED AT I59 N. SHAFFER STREET IN THE OLD TOWNE ORANGE HISTORIC DISTRICT. Resolution No. PC l6-23 Page 2 of 5 storage structure (otal 508 square feet) at a 35-foot setback located at 159 N. Shaffer Street. The approval ofAppeal No. 0563-23 and approval ofthe project are based on the following findings: SECTION I - FINDINGS Design Review 2 ln the Old Towne Historic District, the proposed work conforms to the prescriptive slandards and design criteria re.ferenced and./or recommended by the DRC or other reviewing body.for the projecr (OMC I 7. 10.070.G. 1). The proposed project is in conformance with the Historic preservation Design Standards for old rowne. which are the prescriptive design criteria for projects wiihin the old Towne Historic District. The garage is compatible with the mass and scale of the surrounding neighborhood accessory structures and in relation to the primary residence on site. The roof form is consistent with sunounding garages in the neighborhood. The gamge uses traditional building materials typically found in the Historic District. The incorporation of the trellis on the front of the structue and conditioned driveway narrowing and landscaping will off-set the perceived closer position of the garage to the street from the public right of way and maintained the appearance of the historic streetscape. In any National Register Historic District, the proposed work complies with lhe secretary of the Interior's standards and guidelines (OMC 17. t0.070.G.2). Projects located in the old rowne Historic District must comply with the Historic Preservation Design Standards for old rowne. As described above, the proposed work conforms with these design standards. J The project design upholds community aesthetics through the use ofan internally consisten!, integrated design theme and is consistent with all adopted specific plans, applicable design standards, and their required findings (OMC i7.10.b70.F.i). Projects located in the old rowne Historic District musr comply with the Historic Preservation Design Standards for old rowne. As described above, the proposed work conforms with these design standards. The architecture, scale, massing, and roof form of the proposed garage is compatible with the primary residence. The project is not located in a specific plan area. There is no specific plan or applicable design standards applicable ro this properfy. 1 For infill residential development. as speciJied in the City of orange Infill Residentiat Design Guidelines, the new srructure(s) or addition are comparible with rhe scale, massing, orientation, and articulation ofthe surrounding development and will preserve or enhcrnce existing neighborhood character (OMC t 7. I 0.070.G.1). The proposed garage is compatible with the scale, massing, and roof form of the sunounding neighborhood. Its forward position on the site is similar to two other non- contributing garages on the street and represents only a 7 foot shallower front setback of the garage. The position of the ftellis on the front of the structure will generally maintain Resolution No. PC 16-23 Page 3 of 5 SECTION 2 - ENVIRONMENTAL REVIEW categorical Exemption: The proposed project is categorically exempr from the provisions ofthe califomia Environmental Quality Act (CEQA) per Srate cEQA Guidelines Section 15302 (class 2 - Replacement or Reconstruction), because it consists ofthe replacement ofan existing structure where the new structure will be located on the same site as the structue replaced and will have substantially the same purpose as the structure replaced. SECTION.l_ CONDITIONS OF APPROVAL BE IT FURTHER RESOLVED that recommendation of approval: the following conditions are imposed with the This project is approved as a precise plan. All work shall conform in substance and be maintained in general conformance with the plans (attached to the DRC staff report dated June 21. 2023 and in the project case file), including modifications required by the conditions of approval, and as recommended for approval by the planning commission. Any changes from the approved plans shalt be subject to subsequent review and approval by the Planning Commission. 1 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 meeting. J The applicant agrees, as a condition ol City's approval of Appeal No. 0563-23 and Design Review No. 5067-22, to indemnifi,, defend, and hold harmtess, at applicant's expense. the City, its officers, agents. and employees (-City,') from and against any claim, action or proceeding brought against the City, including. but not limiGd to, ani claim, action or proceeding commenced within the time period provided in Govemment Code Section 66499.37 to attack, review, set aside, void or annul the City.s approval, to challenge the determination made by the City under the califomia Environmental eualityAct ("CEQA") or to challenge the reasonableness, legality or validity of any condition attached hereto. City shall promptly noti8/ applicant of any such claim, action or proceeding to which the city receives notice and to cooperate fully with the applicant in the defense thereof. Applicant shall reimburse the city for any and all costs and expenses. including, but not limited to, court costs and attomey's fees that the city may be required to pay. including any expenses ordered by a court or expenses incurred through the Office of the City Attomey in connection with said claim. action or proceeding. City may, in its sole discretion, participate in the defense of any claim, action or proceeding the appearance ofthe existing streetscape. The new garage will not impact the existing FAR of the residence. Resolution No. PC l6-23 Page 4 of 5 8 but such participation shall not relieve applicant of the obligations of this condition. In the event the applicant is required to defend City in connection with such claim, action or proceeding, City shall have the right to approve counsel to so defend the City, approve all significant decisions conceming the manner in which the defense is conducted and approve any all settlements, which approval(s) shall not be unreasonably withheld. The obligations set forth herein remain in full force and effect throughout all stages of litigation including any and all appeats of any lower court judgment rendered in the proceeding. Further, applicant agrees to indemnifu, defend and hold harmless the city for all costs and expenses incuned in enforcing this provision. 4. The applicant shall comply with all federal. state, and local laws, including all city regulations. Violation of any of those laws in connection with the use may be cause for revocation of this permit. )The applicant shall modifu the driveway to reflect a maximum width of 1g feet embellished with landscaping to soften the edges, and verifu related vehicular movement and safety in coordination with Planning staff. This shall be incorporated into construction documents for review and approval by the planning Division prior to the issuance of building permits. The final approved conditions of approval shall be reprinted on the first or second page of the construction documents when submitting to the Building Division for the plan check process. construction permits shall be obtained for all future construction work. as required by thecity of orange, Public works Department's Building Division. Failure to obtain the required building permits will be cause for revocation of this permit. If not utilized, project approval expires 24 months from the approval date. Extensions of time may be granted in accordance with OMC Section 17.08.060. 6 7 ADOPTED this 7th day of September 2023. Davi azquez, Planning Commission Chair I hereby certii/ that the foregoing Resolution was adopted by the planning Commission olthe City olorange at a regular meeting thereof held on the 7th day of September 2023. by the following vote: AYES: Simpson. Vazquez. fucker NOES: Martinez Resolution No. PC 16-23 Page 5 of5 RECUSED: McCormack ABSENT: Vejar. Maldonado Anna Pehoushek Assistant Community Development Director