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HomeMy WebLinkAbout10-29-25 CUP25-0007 - 2539 N. Crossgate Street - Accessory Pool Bathroom (2) Page 1 of 6 AGENDA ITEM ZONING ADMINISTRATOR Item #: 2.1 October 29, 2025 TO: Anna Pehoushek, Zoning Administrator THRU: Hayden Beckman, Planning Manager FROM: Angelo Huang, Assistant Planner 1. SUBJECT A public hearing to consider a request to construct an accessory pool bathroom located at 2539 N. Crossgate Street and finding of CEQA exemption. (Conditional Use Permit No. 25 -0007). 2. SUMMARY The applicant proposes to construct a 61-square-foot detached accessory pool bathroom on a property with an existing single-family residence. 3. RECOMMENDED ACTION 1. Conduct and open the Public Hearing. 2. Approve Conditional Use Permit No. 25-0007 for the construction of a 61-square-foot detached accessory pool bathroom on a property with an existing single -family residence subject to recommended conditions of approval. 3. Find the request categorically exempt from the California Environmental Quality Act (CEQA) in accordance with Section 15303 of the State CEQA Guidelines. 4. AUTHORIZATION GUIDELINES Orange Municipal Code (OMC) Section 17.10.030.E.d and Table 17.14.160(F) authorizes the Zoning Administrator to review and take action on Conditional Use Permits for habitable accessory structures with plumbing facilities on residential properties. 5. PROJECT BACKGROUND Applicant: Douglas Martin Property Owner Nils-Oliver Hoeppner Property Location 2539 N. Crossgate Street Item #: 2.1 October 29, 2025 Page 2 of 6 Existing General Plan Land Use Element Designation Low Density Residential, 2-6 dwelling units/acre (LDR) Existing Zoning Classification Planned Community (P-C) Existing Conditions 2,504 square-foot single-family home with a 3-car garage. A pool is at the rear of the property. Previous Applications/Entitlements None Applicant: Douglas Martin Property Owner Nils-Oliver Hoeppner 6. PROJECT DESCRIPTION The applicant proposes to construct a 61-square-foot detached accessory pool bathroom on a property with an existing single-family residence. The exterior materials of the structure will match the existing stucco and shingle- roof home. Development Standards Required Proposed Code Section Building Height 32 feet maximum 9 feet and 2 inches Southridge Planned Community Setback, Rear 20 feet minimum 173 feet and 5 inches Southridge Planned Community Setback, Side 0 feet when building does not exceed 10 feet tall 5 feet and 1 inch Southridge Planned Community 7. PROJECT ANALYSIS The proposed project is compliant with the established development standards set forth in the Southridge Planned Community zone, including building height and setbacks. Staff has not identified any issues associated with the use or design. Item #: 2.1 October 29, 2025 Page 3 of 6 8. PUBLIC NOTICE On October 9, 2025, the City sent a Public Hearing Notice to a total of 44 property owners and tenants within a 300-foot radius of the project site and persons specifically requesting notice. The project site was posted with the notification on that same d ate. 9. ENVIRONMENTAL REVIEW Categorical Exemption: The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15303 (Class 3 -New Construction or Conversion of Small Structures) because the project consists of the constructi on of a new small (<10,000 SF in urbanized area) attached accessory structure zoned for such use, not involving the significant use of hazardous substances, where all necessary public services are available, and where the area is not environmentally sensit ive. There is no environmental public review or notice required for a categorical exemption. 10. ADVISORY BOARD ACTION None. 11. STAFF RECOMMENDATION AND REQUIRED FINDINGS Findings are applied as appropriate to each project. Based on the following Findings and statements in support of such Findings, staff recommends the Zoning Administrator approve the project with recommended conditions. 1. A conditional use permit shall be granted upon sound principles of land use and in response to services required by the community (OMC 17.10.030.F.1). The proposed detached pool bathroom is incidental to the existing single -family residential use and provides convenience to the residents who have a backyard swimming pool. 2. A conditional use permit shall not be granted if it will cause deterioration of bordering land uses or create special problems for the area in which it is located (OMC 17.10.030.F.2). The project complies with the development standards of the Southridge Planned Community zone, including building height, setbacks, and floor area ratio. The proposed detached accessory pool bathroom is one-story, and of minimal size, thereby not negatively impacting adjacent properties. 3. A conditional use permit must be considered in relationship to its effect on the community or neighborhood plan for the area in which it is located (OMC 17.10.030.F.3). The project is consistent with the existing character of the neighborhood in that it meets all development standards, is of minimal size, and does intensify the existing single-family dwelling use. 4. A conditional use permit, if granted, shall be made subject to those conditions necessary to preserve the general welfare, not the individual welfare of any particular applicant (OMC 17.10.030.F.4). Item #: 2.1 October 29, 2025 Page 4 of 6 The proposed development does not negatively impact the general welfare of the community and meets all applicable zoning regulations. All project conditions maintain a purpose of preserving the general welfare of the City and community. Conditions specific ally serve to manage project construction, noise, lighting, and aesthetics. 5. In the flood plain overlay zones, a conditional use permit shall include a finding that the proposed project, alone or in combination with existing developments, will not endanger life, restrict the carrying capacity of the regulatory floodway, increase flood heights, or increase flood velocities (OMC 17.10.030.F.5). This property is not located in a flood plain overlay zone. 12. CONDITIONS 1. This project is approved as a precise plan. All work shall conform in substance and be maintained in general conformance with the plans (date stamped approved October 22, 2025 and in the project case file), including modifications required by the condition s of approval, and as recommended for approval by the Zoning Administrator. After the 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. If the Community Development Director determines that any proposed change is substantial, he may refer the plans to the Design Review Committee for subsequent review and determination. 2. The applicant agrees, as a condition of City’s approval of Conditional Use Permit No. 25 -0007, to indemnify, defend, and hold harmless, at applicant’s expense, the City, its officers, agents, and employees (“City”) from and against any claim, action or pro ceeding brought against the City, including, but not limited to, any claim, action or proceeding commenced within the time period provided in Government 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 California Environmental Quality Act (“CEQA”) or to challenge the reasonableness, legality or validity of any condition attached hereto. City shall promptly notify 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 attorney’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 Attorney in connection with said claim, action or proceeding. City may, in its sole discretion, participate in the defense of any claim, action or proceeding 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 concerning 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 e ffect throughout all stages of litigation including any and all appeals of any lower court judgment rendered in the proceeding. Item #: 2.1 October 29, 2025 Page 5 of 6 Further, applicant agrees to indemnify, defend and hold harmless the City for all costs and expenses incurred in enforcing this provision. 3. 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. 4. 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. 5. Construction permits shall be obtained for all future construction work, as required by the City of Orange, Building Division. Failure to obtain the required building permits will be cause for revocation of this permit. 6. 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. 7. Subsequent modifications to the approved architecture and color scheme shall be submitted for review and approval to the Assistant Community Development Director or designee. Should the modifications be considered substantial, the project shall require a n ew Conditional Use Permit. 8. Prior to building permit issuance, the applicant shall demonstrate that the attached habitable accessory structure utilizes similar materials, colors, and finishes as the primary residence. 9. All other construction activities shall conform to the City’s Noise Ordinance, OMC Chapter 8.24, and shall be limited to the hours between 7:00 a.m. and 8:00 p.m. Monday through Saturday. No construction activity will be permitted on Sundays and Federal holidays. 10. Any new lighting on the premises shall be installed in such a way to direct, control, and screen the lighting to prevent off site light spillage onto adjoining properties and shall not be a nuisance to any point beyond the exterior boundaries of the property. 11. Prior to building permit issuance, 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. 12. Prior to building permit issuance, the applicant shall pay any outstanding monies due to the City for Planning Division entitlement activities related to this project. Item #: 2.1 October 29, 2025 Page 6 of 6 13. ATTACHMENTS • Attachment 1 - Draft Zoning Administrator Action Letter with Recommended Conditions of Approval • Attachment 2 - Vicinity Map • Attachment 3 - Existing Site Photographs • Attachment 4 - Project Plans CITY OF ORANGE PLANNING DIVISION | (714) 744-7220 COMMUNITY DEVELOPMENT DEPARTMENT WWW.CITYOFORANGE.ORG • 300 E. CHAPMAN AVENUE • ORANGE, CA 92866-1508 October 22, 2025 Douglas Martin dougmartingc@gmail.com Dear Douglas Martin: RE: Conditional Use Permit No. 25-0007 – Hoeppner Pool Bathroom at 2539 N. Crossgate Street (APN: 361-752-02) Thank you for submitting your application and plans for Conditional Use Permit No. 25- 0007, a request to construct a detached accessory pool bathroom on the property of a single-family residence at 2539 N. Crossgate Street. Conditional Use Permit No. 25-0007 was forwarded to me, as Zoning Administrator, for consideration and final determination pursuant to Orange Municipal Code (OMC) Section 17.10.030. This letter serves as written notice that your application has been approved subject to the Conditions of Approval stated below: 1. This project is approved as a precise plan. All work shall conform in substance and be maintained in general conformance with the plans (date stamped approved October 29, 2025), including modifications required by the conditions of approval, and as recommended for approval by the Zoning Administrator. After the 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 a ction 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. If the Community Development Director determines that any proposed change is substantial, he may refer the plans to the Design Review Committee for subsequent review and determination. 2. The applicant agrees, as a condition of City’s approval of Conditional Use Permit No. 25-0007, to indemnify, defend, and hold harmless, 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 limited to, any claim, action or proceeding commenced within the time period provided in Government 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 California Environmental Quality Act (“CEQA”) or to challenge the reasonableness, legality or validity of any condition attached hereto. City shall promptly notify applicant of Conditional Use Permit No. 25-0007 October 22, 2025 Page 2 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 attorney’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 Attorney in connection with said claim, action or proceeding. City may, in its sole discretion, participate in the defense of any claim, action or proceeding 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 concerning 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 appeals of any lower court judgment rendered in the proceeding. Further, applicant agrees to indemnify, defend and hold harmless the City for all costs and expenses incurred in enforcing this provision. 3. 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. 4. 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. 5. Construction permits shall be obtained for all future construction work, as required by the City of Orange, Building Division. Failure to obtain the required building permits will be cause for revocation of this permit. 6. 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. 7. Subsequent modifications to the approved architecture and color scheme shall be submitted for review and approval to the Community Development Director or designee. Should the modifications be considered substantial, the Director may refer the review to the Design Review Committee. 8. Prior to building permit issuance, the applicant shall demonstrate to the satisfaction of the Community Development Director that all mechanical and air conditioning equipment shall be shielded and screened from view from adjacent streets and properties. The screening shall be integrated architecturally with the building and painted to match the walls of the building. Conditional Use Permit No. 25-0007 October 22, 2025 Page 3 9. Prior to building permit issuance, the applicant shall demonstrate that the attached habitable accessory structure utilizes similar materials, colors, and finishes as the primary residence. 10. All other construction activities shall conform to the City’s Noise Ordinance, OMC Chapter 8.24, and shall be limited to the hours between 7:00 a.m. and 8:00 p.m. Monday through Saturday. No construction activity will be permitted on Sundays and Federal holidays. 11. Grading operations shall be restricted to Monday through Friday between the hours of 7:30 a.m. and 5:00 p.m., with limited grading as necessary permitted on Saturdays between the hours of 8:00 a.m. and 4:30 p.m. Mechanics may service the equipment up to two hours after each shift. 12. Any new lighting on the premises shall be installed in such a way to direct, control, and screen the lighting to prevent off site light spillage onto adjoining properties and shall not be a nuisance to any point beyond the exterior boundaries of the property. 13. Prior to building permit issuance, 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. 14. Prior to building permit issuance, the applicant shall pay any outstanding monies due to the City for Planning Division entitlement activities related to this project. Notification of the CDD determination on Conditional Use Permit No. 25-0007 was posted at the subject property on Click or tap to enter a date.. The determination of this entitlement is subject to a 7-business day appeal period. If you have any questions or require additional information, please contact Angelo Huang, Assistant Planner, at (714) 744- 7204 or via email at ahuang@cityoforange.org. Sincerely, ________________________________ Anna Pehoushek, FAICP, Zoning Administrator Vicinity Map 2539 N. Crossgate Street Conditional Use Permit No. 25-0007 City of Orange Community Development Department Site Photos SHEET INDEX:CONSULTANTS:PROPOSED:LEGAL:VICINITY MAPGENERAL NOTES N HOEPPNER RESIDENCE TH E S E P L A N S A R E T H E P R O P E R T Y O F T O R I J O N E S D E S I G N A N D M A Y N O T B E R E P R O D U C E D O R R E U S E D F O R A N Y O T H E R P R O J E C T , O R T R A N S F E R E D T O A N Y O T H E R P E R S O N , I N P A R T O R W H O L E W I T H O U T T H E E X P R E S S E D W R I T T E N P E R M I S S I O N O F T O R I J O N E S . N TH E S E P L A N S A R E T H E P R O P E R T Y O F T O R I J O N E S D E S I G N A N D M A Y N O T B E R E P R O D U C E D O R R E U S E D F O R A N Y O T H E R P R O J E C T , O R T R A N S F E R E D T O A N Y O T H E R P E R S O N , I N P A R T O R W H O L E W I T H O U T T H E E X P R E S S E D W R I T T E N P E R M I S S I O N O F T O R I J O N E S .