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SR - ORD-03-17 - ZONE CHANGE FOR CONSTRUCTION OF A ONE-STORY SINGLE FAMILY RESIDENCE AT 140 N HEWES STREET1. SUBJECT PUBLIC HEARING: Zone Change No. 1280 -16, Minor Site Plan Review No. 0854 -16, and Design Review No. 4853 -16, located at 140 N. Hewes Street. 2. SUMMARY The applicant is requesting to rezone a vacant lot to allow for the construction of a one -story single family residence with an attached accessory second dwelling unit and a detached garage. 3. RECOMMENDED ACTION 1. Approve Ordinance No.03 -17, an Ordinance of the City Council of the City Of Orange approving Zone Change No. 1280 -16 for the establishment of Residential Multiple Family, 6,000 SF (R -3) zoning consistent with the existing Low Medium Density Residential 6 -15 du/ac (LMDR) General Plan Land Use Designation, for currently vacant property located at 140 N. Hewes Street. 2. Approve Resolution No. 11004, a Resolution of The City Council approving Minor Site Plan 0854 -16, and Design Review No. 4853 -16 for the establishment of a one -story single family residence with an attached accessory second dwelling unit and a detached garage located at 140 N. Hewes Street. 14 FISCAL IMPACT None 5. STRATEGIC PLAN GOAL(S) 3. Enhance and promote quality of life in the community c. Support and enhance attractive, diverse living environments. 6. GENERAL PLAN IMPLEMENTATION Land Use Element Goal 1.0 Meet the present and future needs of all residential and business sectors with a diverse and balanced mix of land uses. • Policy 1.2 Balance economic gains from new development while preserving the character and densities of residential neighborhoods. • Policy 1.3 Provide a range of housing densities and types to meet the diverse needs and lifestyles of residents. • Policy 1.6 Minimize effects of new development on the privacy and character of surrounding neighborhoods. Housing Element Goal 3 : Identify adequate housing sites which will be made available through appropriate zoning and development standards and with public services and facilities needed to facilitate and encourage the development of a varietv of types of housing for all income croups. 17. DISCUSSION and BACKGROUND Existing Site The existing site is currently vacant and is zoned Limited Commercial (C -1). The site is in a transitional area and straddles the boundary between the City of Orange and County of Orange. The project site is located in an area surround by one -story single family, and one and two story multiple family residences to the west and north located within unincorporated County of Orange. To the east and south the site is surrounded by commercially zoned strip commercial properties within the City of Orange. Proposed Project The applicant proposes to establish Residential Multiple Family, 6,000 SF (R -3) zoning consistent with the General Plan Land Use designation of Low Medium Density Residential 6 -15 du/ac (LMDR) for the property and to allow for the construction of a new one -story single family residence with an attached accessory second dwelling unit and a detached garage to be built on the vacant site. The proposed zoning change is compatible with the existing development located within the County of Orange, along Pearl Street. The proposed single story structure will consist of painted stucco finish, composition shingles, wood trim fascia, and sliding windows. The proposed architectural style is internally consistent and fits into the existing eclectic context of the neighborhood. More detailed information about the project design is provided in Attachment No. 4. 8. ENVIRONMENTAL DOCUMENT Final Program Environmental Impact Report (EIR) No. 1815 -09 for the Comprehensive General Plan Update was certified on March 9, 2010 and prepared in accordance with the California Environmental Quality Act (CEQA). The Zone Change is within the scope of the previously approved General Plan and is adequately analyzed in the previously certified General Plan Program EIR for purposes of CEQA. Specifically, the General Plan Land Use Element, which includes the General Plan Land Use map, designates the property as Low Medium Density ITEM 5/09/2017 Residential 6 -15 du/ac (LMDR). The proposed Residential Multiple Family, 6,000 SF (R -3) zoning implements the existing General Plan designation for the site. In accordance with State planning law (Government Code §65860), the City must establish consistency between the General Plan and its zoning. Furthermore, Implementation Program I -1 of the General Plan Implementation Plan calls for consistency between General Plan and zoning designations to be established. Therefore, the General Plan EIR already contemplated and evaluated the proposed Zone Change and the associated reasonably foreseeable development of the site. Notwithstanding the above, the project also falls within the guidelines for a Categorical Exemption. The proposed single family residence with an attached accessory second dwelling unit and a detached garage is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15303 (Class 3 — New Construction of Conversion of Small Structures). Class 3 exempts projects involving construction of new facilities or structures including construction of up to three single family homes. Furthermore, the project would not result in significant environmental effects or otherwise trigger the exceptions to categorical exemptions listed in CEQA Guidelines Section 15300.2. No public review is required. 9. ADVISORY BOARD RECOMMENDATION City Staff Review: City Staff completed its review of the submitted plans on October 26, 2016, and has recommended approval of the applications requested subject to standard conditions. Design Review Committee: The Committee reviewed the proposal on December 21, 2016, and recommended approval to the Planning Commission with conditions, the conditions have been incorporated into the draft resolution attached to the staff report (Attachment No. 2). Planning Commission: At its February 22, 2017, meeting the Planning Commission conducted a public hearing and took testimony from the community and the applicant. The Commission recommended approval of the project to the City Council and directed staff to draft a resolution with appropriate findings and conditions of approval by a vote of five ayes. The resolution and minutes are provided as Attachments No. 5 and No. 6, respectively. 10. ATTACHMENTS Attachments to Report: 1. Draft City Council Ordinance No. 03 -17 2. Draft City Council Resolution No. 11004 3. Vicinity Map 4. Planning Commission Staff Report dated March 6, 2017 5. Planning Commission Resolution No. PC 07 -17 6. Planning Commission Minutes dated March 6, 2017 7. Design Review Committee Minutes dated December 21, 2016 ITEM 5/09/2017 8. Photographs of existing site Exhibits provided to the City Council: A. Submitted Plans date labeled May 9, 2017 cc: Nick V. Alvino 3910 Topside Lane Corona Del Mar, CA 92625 n: \cdd \ping \applications\zone changes\zc 1280 -16 perlas villas ii \cc \final cc staff report.doc ITEM 5/09/2017 ORDINANCE NO. 03-17 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ORANGE APPROVING ZONE CHANGE NO. 1280 -16 FOR THE ESTABLISHMENT OF MULTI FAMILY RESIDENTIAL (R -3) ZONING, CONSISTENT WITH THE EXISTING LOW MEDIUM DENSITY RESIDENTIAL (LMDR) GENERAL PLAN LAND USE DESIGNATION FOR A VACANT LOT AT 140 N. HEWES STREET ZONE CHANGE NO. 1280 -16 APPLICANT: NICK L. ALVINO WHEREAS, on March 9, 2010, the City adopted its 2010 General Plan, including a Land Use Element and associated Land Use Policy Map that included an existing designation of Low Medium Density Residential 6 -15 du/ac (LMDR) for the vacant lot located at 140 N. Hewes Street; and WHEREAS, the vacant property located at 140 N. Hewes Street ( "the project ") is the subject of Zone Change No. 1280 -16. WHEREAS, the project site zoning of Limited Commercial (C -1) is not is not consistent with the General Plan Land Use Element Low Medium Density Residential 6 -15 du/ac (LMDR) designation for the site and, in accordance with California planning law (Government Code §65860), the City must establish consistency between the General Plan and its zoning. Furthermore, Implementation Program 1 -1 of the General Plan Implementation Plan calls for consistency between General Plan and zoning designations to be established. Therefore, the General Plan EIR already contemplated and evaluated the proposed Zone Change and the associated reasonably foreseeable development of the site; and WHEREAS, to achieve General Plan Land Use Element consistency, establishment of zoning on the project site to Low Medium Density Residential (LMDR) is warranted as shown on Exhibit B of this Ordinance; and WHEREAS, the City Council of the City of Orange is authorized by Government Code Section 65850 to adopt ordinances amending the City's zoning code; and WHEREAS, Zone Change No. 1280 -16 was filed by Nick L. Alvino in accordance with the provisions of the City of Orange Municipal Code; and WHEREAS, Zone Change No. 1280 -16 was filed concurrently with Minor Site Plan Review No. 0854 -16, and Design Review No. 4853 -16 for a single family residence with an 1 RESOLUTION NO. 11004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE APPROVING MINOR SITE PLAN REVIEW NO. 0854 -16 AND DESIGN REVIEW NO. 4853 -16 FOR THE CONSTRUCTION OF A ONE -STORY SINGLE FAMILY RESIDENCE WITH AN ATTACHED ACCESSORY SECOND DWELLING UNIT AND A DETACHED GARAGE LOCATED AT 140 N. HEWES STREET. APPLICANT: NICK L. ALVINO WHEREAS, City Council authority to approve Minor Site Plan Review No. 0854 -16, and Design Review No. 4853 -16 is derived from Orange Municipal Code Sections 17.08.020 and 17.10.020 because Zone Change No. 1280 -16 is an essential related component of the project; and WHEREAS, the related Zone Change No. 1280 -16 was filed concurrently with Minor Site Plan Review No. 0854 -16, and Design Review No. 4853 -16 and considered by the City Council separately in Ordinance 03 -17; and WHEREAS, Minor Site Plan Review No. 0854 -16, and Design Review No. 4853 -16 was filed by Nick L. Alvin for a single family residence with an attached accessory second dwelling unit and a detached garage to be built on the vacant site on property located at 140 N. Hewes Street in accordance with the provisions of the City of Orange Municipal Code; and WHEREAS, Minor Site Plan Review No. 0854 -16, and Design Review No. 4853 -16 were processed in the time and manner prescribed by state and local law; and WHEREAS, Minor Site Plan Review No. 0854 -16, and Design Review No. 4853 -16 for the proposed single family residence with an attached accessory second dwelling unit and a detached garage use component of the project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15303 (Class 3 — New Construction of Conversion of Small Structures). Class 3 exempts projects involving construction of new facilities or structures including construction of up to three single family homes. Furthermore, the project has been analyzed and determined that it would not result in significant environmental effects or otherwise trigger any of the exceptions to categorical exemptions listed in CEQA Guidelines Section 15300.2. No public review is required; and WHEREAS, City staff from interested and essential departments reviewed the project on October 26, 2016, deemed the application complete, and recommended that the project proceed to the Planning Commission; and WHEREAS, the Design Review Committee reviewed the proposal on December 21, 2016, and recommended approval to the Planning Commission with conditions, and these conditions have been incorporated into this resolution; and