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02-21-18 APP 837-839 Cambridge Street TO: Chair Glasgow and Members of the Planning Commission THRU: Anna Pehoushek Assistant Community Development Director FROM: Kelly Christensen Ribuffo, Associate Planner SUBJECT PUBLIC HEARING: Appeal No. 0551-18 of Administrative Design Review No. 0093-17 and Minor Site Plan No. 0923-17 - Steckler Residence, 837-839 N. Cambridge Street SUMMARY An appeal of the Community Development Director approval of a proposal to construct a new single family residence and accessory dwelling unit on a vacant lot on N. Cambridge Street. The Planning Commission heard the application at the February 5, 2018 regular meeting, and voted 3 - 1 for the Planning Division staff to return with a resolution of denial of the appeal at the February 21, 2018 regular meeting. RECOMMENDED ACTION Adopt Planning Commission Resolution No. PC 4-18 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ORANGE DENYING APPEAL NO. 0551-18 OF A COMMUNITY DEVELOPMENT DIRECTOR APPROVAL OF ADMINISTRATIVE DESIGN REVIEW NO. 0093-17 AND MINOR SITE PLAN NO. 0923-17 APPROVING CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE AND ACCESSORY DWELLING UNIT ON THE VACANT PROPERTY LOCATED AT 837 AND 839 N. CAMBRIDGE STREET Planning Commission Agenda Item February 21, 2018 Planning Commission Staff Report February 21, 2018 Page 2 AUTHORIZATION/GUIDELINES OMC Section 17.08.050 authorizes the Planning Commission to review and take action on the subject appeal application. PUBLIC NOTICE Pursuant to OMC Section 17.08.040.A, notice of public hearings for appeal applications shall occur in the same manner as was required for the original permit issuance. Both Administrative Design review and Minor Site Plan applications require posting of a notice sign on the subject property at the time a decision is made by the Community Development Director. On January 25, 2018, the Planning Division posted the site at one location with a public notice sign. Prior to posting notice, Planning Division staff received an individual request from one (1) resident to be notified of the date and time of the Planning Commission public hearing for this item. The Planning Division received three (3) public comment letter in opposition to the proposed project prior to the Planning Commission hearing on February 5, 2018. At the February 5, 2018 Planning Commission meeting three (3) people spoke in favor of the appeal and one (1) person spoke in opposition to the appeal during the public hearing. ENVIRONMENTAL REVIEW Categorical Exemption: This project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Section 15303 – New Construction or Conversion of Small Structures. The project consists of construction of one single family residence and a second dwelling unit, both of which are specified as exempt projects under this exemption classification. There is no public review required. PROJECT BACKGROUND Appellant: Steve Colburn Appellant Address: 845-847 N. Cambridge Street Project Applicant/Architect: Steve Phillips Property Owner: Kevin Steckler, HOCHAP1738, LLC Property Location: 837-839 N. Glassell Street Existing General Plan Land Use Element Designation: Low Density Residential (LDR); 2.1 - 6 du/acre Existing Zoning Single Family Residential (R-1-6) Planning Commission Staff Report February 21, 2018 Page 3 Classification: Old Towne: No Specific Plan/PC: None Site Size: 9,025 SF Circulation: Access would occur exclusively from N. Cambridge Street with one curb cut entrance Existing Conditions: The site is a vacant lot. Surrounding Land Uses and Zoning: The subject property is bounded in all cardinal directions by properties zoned R-1-6. Use types consist of single family residences, some including accessory dwelling units. Previous Applications/Entitlements: None applicable. PROJECT DESCRIPTION On October 4, 2017 the Planning Division received an application to construct a new single family house with two-story design elements and attached accessory dwelling unit (ADU) on a vacant lot on North Cambridge Street. The subject property was formerly part of the larger property addressed 821 N. Cambridge Street, but was subdivided into two lots through Parcel Map No. 2017 -140 earlier in the year. The subject property is a flag lot, with access to Cambridge Street via a long drive way that constitutes the only street frontage for the property. The proposed new single family residence is 4 bedrooms and 4 bathrooms on a single level, with a double height clerestory over the living room. The ADU is attached as a second story to the no rth side of the building above one of the two garages. The ADU is the only two story portion of the building. There are a total of four garage parking spaces provided as part of the proposed plan. OMC Section 17.14 sets out specific development standards for residential developments within the R-1-6 zone. Development Standards (R-1-6) Required Proposed Code Section Building Height 32 ft - 2 stories 21 ft 7 in. – 2 stories 17.14.070 Fence/Wall Height 42 in. in the front yard; 6 ft height limit for other areas of the property 6 ft perimeter fence 17.14.180 Planning Commission Staff Report February 21, 2018 Page 4 Floor Area Ratio (F.A.R.) 0.6 0.43 17.14.070 Parking (Single Famly Residence) Enclosed garage, 2 parking spaces Two garages, 4 parking spaces 17.34.060 Parking (ADU) 1 unenclosed parking space, unless exempt Exempted – within 0.5 miles of transit stop Ord. 02-17 (to be codified) Setback, Front (South) 20 ft 20 ft 17.14.070 Setback, Rear (North) 10 ft 10 ft 5 ¾ in. 17.14.070 Setback, Side (East and West) 5 ft 5 ft 17.14.070 Usable Open Space 900 SF ~900 SF, rear yard and courtyard 17.14.110 Landscape Area 40% of front yard setback area 41% turf block 17.14.210 As proposed, the project meets all of the development standards for the zoning district. In addition, Single family residences and ADUs are both permitted by right in the R-1-6 zoning district. On December 18, 2017 the Community Development Director approved the project, an approval letter was sent to the applicant, and a notice sign was posted on the property. Over the holiday closure the project planner received email questions from adjacent property owners regarding the project. On January 5, 2018 the Planning Division received an appeal application from Steve Colburn, owner of 845-847 N. Cambridge, which is directly adjacent to the subject property. PLANNING COMMISSION ACTION At the February 5, 2018 regular meeting, the Planning Commission held a noticed public hearing for the subject request to appeal the Community Development Director approval of Administrative Design Review No. 0093-17 and Minor Site Plan No. 0923-17. Firstly, the Commission voted 3-1 to affirm the timeliness of the appeal application filing, with Commissioners Gladson, Simpson, and Willits in favor and Commissioner Correa opposed. Secondly, the Commission voted 3-1 to deny the appeal and requested staff return with a resolution reflecting the determination that the appeal cannot be granted because the proposed project meets the findings of fact for both Administrative Design Review and Minor Site Plan Review. Commissioners Simpson, Correa, and Willits voted to deny the appeal, with Commissioner Gladson opposed. Planning Commission Staff Report February 21, 2018 Page 5 ATTACHMENTS/EXHIBITS Attachments to Report: A. Draft Planning Commission Resolution No. PC 4-18 B. Planning Commission Staff Report from February 5, 2018 Meeting cc: Steven Phillips 26 Windsong Irvine, CA 92614 steve@slparchitect.com Kevin Steckler 1012 E. Adams Avenue Orange, CA 92867 rpgkevin@aol.com Steve Colburn 845-847 N. Cambridge Street Orange, CA 92866 steve@langplumco.com Paula E. Meyer & Associates 170 El Camino Real, Suite 201 Tustin, CA 92780 paula@paulameyerlaw.com