03-06-17 Zone Change Single Family Residence 140 N. Hewes St.
TO: Chair Glasgow and
Members of the Planning Commission
THRU: Anna Pehoushek
Assistant Community Development Director
FROM: Robert Garcia
Senior Planner
SUBJECT
PUBLIC HEARING: ZONE CHANGE NO. 1280-16, MINOR SITE PLAN REVIEW NO. 0854-
16, & DESIGN REVIEW NO. 4853-16, located at 140 N. Hewes Street.
SUMMARY
The applicant is requesting to rezone a vacant lot to allow for the construction of a one-story single
family residence with a detached garage and an accessory second dwelling unit.
RECOMMENDED ACTION
Adopt Planning Commission Resolution No. PC 07-17 entitled:
A RESOLUTION OF THE PLANNING COMMISSION
RECOMMENDING 1) THAT THE CITY COUNCIL
APPROVE ZONE CHANGE NO. 1280-16 FOR THE
ESTABLISHMENT OF R-3 ZONING, CONSISTENT WITH
EXISTING GENERAL PLAN LAND USE DESIGNATION,
FOR A VACANT LOT CURRENTLY ZONED C-1 AND: 2)
THAT THE CITY COUNCIL APPROVE MINOR SITE
PLAN REVIEW NO. 0854-16, & DESIGN REVIEW NO.
4853-16 TO ALLOW FOR THE CONSTRUCTION OF A
ONE-STORY SINGLE FAMILY RESIDENCE WITH A
DETACHED GARAGE AND AN ACCESSORY SECOND
DWELLING UNIT AT 140 N. HEWES
AUTHORIZATION/GUIDELINES
Orange Municipal Code (OMC) Sections 17.08.020 and 17.10.020 authorize the Planning
Commission to review and make a recommendation to the City Cou ncil on applications for Zone
Changes and all applications associated with the Zone Change. Pursuant to OMC Section
17.10.020C “If the matter under consideration is a change of zone and the Planning Commission
Planning Commission
Agenda Item
March 6, 2017
Planning Commission Staff Report
March 6, 2017
Page 2
has recommended against the adoption of the change of zone, the Council shall not be required to
take any further action on the amendment unless an interested party appeals the matter to the
Council within 15 days of the date of the denial.”
PUBLIC NOTICE
On February 23, 2017 the City sent a Public Hearing Notice to a total of 76 property owners/tenants
within a 300-foot radius of the project site and persons specifically requesting notice. The project
site was also posted in two locations with the notification on that same date.
ENVIRONMENTAL REVIEW
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 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 a detached garage and an accessory second dwelling unit
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 sin gle 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.
PROJECT BACKGROUND
Applicant: Nick V. Alvino
Property Owner: Nick V. Alvino
Property Location: 140 N. Hewes Street
Existing General Plan
Land Use Element Designation:
Low Medium Density Residential (LMDR)
Existing Zoning
Classification:
Limited Business (C-1)
Planning Commission Staff Report
March 6, 2017
Page 3
Old Towne: Not Applicable
Specific Plan/PC: None
Site Size: 6,250 SF
Circulation: The site is accessible from Pearl Street, which is classified as a
collector street with an ultimate right-of-way of 66 feet.
Existing Conditions: The site is currently vacant.
Surrounding Land Uses
and Zoning:
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.
Previous
Applications/Entitlements:
None
PROJECT DESCRIPTION
The applicant proposes to establish Residential Multiple Family (R-3) zoning consistent with the
General Plan Land Use designation of Low Medium Density Residential (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 site is in a
transitional area and straddles the boundary between the City of Orange and County of Orange. The
proposed zoning change is compatible with the existing development located within the County of
Orange, along Pearl Street. The proposed zoning mirrors the existing General Plan Land Use
designation for the site.
Development Standards
Required Proposed Code Section
Building Height 2 story no more than 32 feet in
height.
1 story no more than 15 feet in
height.
17.14.070
Fence height 42” front yard and in the side
and rear yards 6 feet.
42” front yard 6 feet in all
other areas. 17.14.180
Floor Area Ratio
(FAR)
0.60 for lots less than 10,000
SF. 0.43 of the lot. 17.14.070
Landscaping
All required setbacks abutting
a public right-of-way shall be
landscaping.
Meets or exceeds minimum
standards. 17.14.040
Lot size 6,000 SF 6,250 SF. 17.14.070
Lot frontage Existing lot Existing lot 17.14.070
Lot depth Existing lot Existing lot 17.14.070
Open space,
common 900 SF 900 SF minimum 17.14.070
Parking 2 enclosed garage spaces/unit 2 enclosed garage spaces for Table
Planning Commission Staff Report
March 6, 2017
Page 4
up to 4 bedrooms and 1
enclosed space for the
accessory unit.
house and 1 enclosed space
for the accessory unit.
17.34.060.A
Parking, guest Guest parking not required for
single family residential.
Guest parking not required for
single family residential.
Table
17.34.060.A
Setback, Front 20’ 20’ 17.14.070
Setback, Rear 10’ to single story principle
structure. 36’ to principle structure. 17.14.070
Setback, Street
Side 10’ 10’ 17.14.070
Setback, Interior
Side 5’ 5’ minimum 17.14.070
APPLICATION(S) REQUESTED/ REQUIRED FINDINGS
Zone Change: The applicant is requesting a Zone Change to establish zoning consistent with the
General Plan Land Use designations for the property. The site is proposed to be zoned Residential
Multiple Family, 6,000 SF (R-3).
Required Findings:
There are no required findings for a Zone Change since it is considered a legislative action.
Minor Site Plan: The applicant is proposing a Minor Site Plan to develop the vacant 6,250 SF lot.
Required Findings:
1. The project design is compatible with surrounding development and neighborhoods.
2. The project conforms to City development standards and any applicable special design
guidelines or specific plan requirements.
3. The project provides for safe and adequate vehicular and pedestrian circulation, both on-
and off-site.
4. City services are available and adequate to serve the project.
5. The project has been designed to fully mitigate or substantially minimize adverse
environmental effects.
Design Review: The applicant is requesting approval of a Design Review application for the
architectural design, landscaping, and streetscape improvements associated with the proposed
residential development.
Required Findings:
1. In the Old Town Historic District, the proposed work conforms to the prescriptive
standards and design criteria referenced and/or recommended by the Design Review
Committee or other reviewing body for the project.
Planning Commission Staff Report
March 6, 2017
Page 5
2. In any National Register Historic District, the proposed work complies with the Secretary
of the Interior’s standards and guidelines.
3. The project design upholds community aesthetics through the use of an internally
consistent, integrated design theme and is consistent with all adopted specific plans,
applicable design standards, and their required findings.
4. For infill residential development, as specified in the City of Orange infill residential
design guidelines, the new structure(s) or addition are compatible with the scale, massing,
orientation, and articulation of the surrounding development and will preserve or enhance
existing neighborhood character.
ANALYSIS/STATEMENT OF THE ISSUES
The proposed Zone Change is compatible with the existing residential development located within
the County of Orange, along Pearl Street. The proposed zoning is consistent with the existing
General Plan Land Use designation for the site. Further, the site is in a transitional area and
straddles the boundary between the County of Orange and City of Orange, where commercial uses
on Chapman transition to residential uses.
The proposed single story structure will consist of painted stucco finish, composition shingles,
wood trim facia, and sliding windows. The applicant is using pop-outs and arches to break up the
massing of the single story structures. The applicant is using sim ple architectural enhancements,
which fit into the existing context of the neighborhood.
In analyzing the architectural elements, staff is of the opinion that the proposed architectural style is
internally consistent, and the proposed development is consistent with the surrounding residences.
The applicant has made refinements to the architectural styles since the original submittal which
have enhanced the proposed style.
ADVISORY BOARD RECOMMENDATION
Staff Review Committee:
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.
ATTACHMENTS/EXHIBITS
Attachments to Report:
1. Planning Commission Resolution No. PC 07-17
2. Vicinity Map
3. Existing Zoning Map
4. Proposed Zoning Map
Planning Commission Staff Report
March 6, 2017
Page 6
5. Site Photographs
Exhibits provided to the Planning Commission:
A. Submitted Plans date labeled March 6, 2017
cc: Nick V. Alvino
3910 Topside Lane
Corona Del Mar, CA 92625