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