SR - RES-10836 - UPHOLDING COMMUNITY DEVELOPMENT DIRECTOR DETERMINATIONRESOLUTION NO. 10836
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ORANGE DENYING APPEAL NO. 0535 -14 AND
UPHOLDING THE DECISION OF THE PLANNING
COMMISSION OF THE CITY OF ORANGE DENYING
APPEAL NO. 534 -14 UPHOLDING THE COMMUNITY
DEVELOPMENT DIRECTOR DETERMINATION
REGARDING THE PLACEMENT OF A PROPERTY WALL
WITHIN FIVE FEET OF AN EXISTING FENCE AT 926
MEADS AVENUE
APPELLANT: LAURIE AND JAMES CESENA
WHEREAS, on July 29, 2014, pursuant to Orange Municipal Code section 17.14.180D,
Wolfgang and Shannon Frisch (the "Property Owners "), at 926 Meads Avenue requested
approval for a block wall to be constructed less than five feet from an existing chain link fence
owned by Laurie and James Cesena (the "Appellant "); and
WHEREAS, on August 4, 2014, the Community Development Director ( "Director ")
approved the request for the construction of the block wall; and
WHEREAS, on August 11, 2014, the City received a timely appeal to the Director's
approval from the Appellant; and
WHEREAS, the Planning Commission of the City of Orange conducted a public hearing
on September 15, 2014, at which time interested persons had an opportunity to testify either in
support of or opposition to Appeal No. 534 -14, regarding the block wall located at 926 Meads
Avenue; and
WHEREAS, the Planning Commission of the City of Orange considered the entire
record, including all testimony and such additional information offered at the public hearing and
voted 4 -1 to deny the appeal, thereby upholding the decision of the Director
WHEREAS, Laurie and James Cesena (the "Appellant ") filed Appeal No. 0535 -14,
appealing the Planning Commission's decision to deny the appeal to the Director's determination
to the City Council of the City of Orange; and
WHEREAS, Orange Municipal Code Section 17.08.0501 authorizes the City
Council of the City of Orange to hear appeals of actions taken by the Planning Commission of
the City of Orange; and
WHEREAS, Appeal No. 535 -14 was filed in accordance with the provisions of the City
of Orange Municipal Code; and
WHEREAS, Appeal No. 535 -14 was processed in the time and manner prescribed by
state and local law; and
ITEM: 3 DATE OF MEETING: , c1 I L�
WHEREAS, Appeal No. 535 -14 is Categorically Exempt from the provisions of the
California Environmental Quality Act (CEQA) per State Guidelines 15303 (Class 3 — New
Construction) because the project consists of the construction of a block wall that does not
require a building permit to construct and only requires City approval for that portion of the wall
located within five feet of the neighboring chain link fence; and
WHEREAS, the City Council of the City of Orange conducted a public hearing on
November 25, 2014, which time interested persons had an opportunity to testify either in support
of or opposition to Appeal No. 535 -14, regarding the block wall located at 926 Meads Avenue;
and
WHEREAS, the City Council of the City of Orange considered the entire record,
including all testimony and such additional information offered at the public hearing and voted
5 -0 to deny the appeal, thereby upholding the decision of the Planning Commission of the City
of Orange.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orange
hereby denies Appeal No. 535 -14, thereby upholding the determination of the Planning
Commission of the City of Orange, to allow construction of a block wall within five feet of an
existing chain link fence, based on the following:
1. The Appellant failed to show that there was an abuse of power by the Director or the
Planning Commission in their determination.
2. Granting the placement of the block wall within five feet of an existing fence is
within the purview of the Director.
3. The City Council relies on the expertise of the Planning Commission and the Director
and finds that their determination was appropriate.
4. The construction for the block wall does not require a building permit.
5. Only that portion of the block wall located within five feet of the Appellant's chain
link fence requires City approval.
6. Pursuant to City of Orange Resolution No. 10081, neither the approval for
construction nor the composition of the material of the wall is subject to review and
recommendation from the Orange Park Acres Board of Directors.
7. While the construction of block walls is restricted in Orange Park Acres ( "OPA "),
they are not prohibited. The City Council finds upon testimony and observation that
there are numerous properties in OPA which have block walls on their properties,
including within the immediate neighborhood of the property owners.
8. The Property Owners are required by code to have a five foot high wall or fence for
the protection of their swimming pool.
9. The construction of the block wall next to the existing chain link fence does not pose
a safety hazard.
SECTION 2 - ENVIRONMENTAL REVIEW
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) because the project consists of the construction of a block wall that does not
require a building permit to construct and only requires City approval for that portion of the wall
located within five feet of the neighboring chain link fence. As such, public review is not
required.
ADOPTED this day of , 2014
Teresa E. Smith, Mayor, City of Orange
ATTEST:
Mary E. Murphy, City Clerk, City of Orange
I, MARY E. MURPHY, 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 day of , 2014 by
the following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
ABSTAIN:
COUNCILMEMBERS:
Mary E. Murphy, City Clerk, City of Orange