11.01 First Reading ORD 02-18 DRC Noticing1. SUBJECT
An Ordinance amending Section 17.08.040 of the Orange Municipal Code (OMC) to establish
notification requirements for Design Review projects involving construction of second stories or
additional units on properties in residential zones within the boundaries of an established historic
district.
2. SUMMARY 7=
The Ordinance Amendment of OMC Section 17.08.040 will require noticing of public meetings
of the Design Review Committee to consider projects involving construction of second stories or
additional units on properties in residential zones in an established historic district. Notices will
be posted at the subject property and mailed to property owners and residents within 300 feet of
the subject property.
3. RECOMMENDED ACTION
Adopt Ordinance No. 02 -18:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ORANGE
AMENDING SECTION 17.08.040 OF THE ORANGE MUNICIPAL CODE
TO ESTABLISH NOTIFICATION REQUIREMENTS FOR DESIGN
REVIEW PROJECTS INVOLVING CONSTRUCTION OF SECOND
STORIES OR ADDITIONAL UNITS ON PROPERTIES IN
RESIDENTIAL ZONES WITHIN THE BOUNDARIES OF AN
ESTABLISHED HISTORIC DISTRICT
4. FISCAL IMPACT
Minor costs associated with administrative staff time and mailings.
5. STRATEGIC PLAN GOAL(S)
3(c). Enhance and promote quality of life in the community; support and enhance attractive,
diverse living environments.
5(b). Recognize, promote and preserve Orange's rich heritage; expand and strengthen
processes and practices related to protection of cultural resources.
6. GENERAL PLAN IMPLEMENTATION
Land Use Element
Goal 8.0 Encourage active involvement of residents, businesses, and agencies in the
planning and decision making process.
Policy 8.1 Continue to provide opportunities for public education and involvement in
land use planning decisions through public hearings, community meetings,
study sessions, electronic media, and any other appropriate and available
means.
Implementation
Program IV -3 Use public education activities to accomplish the following objectives:
Improve citizen participation in land use and economic development planning
processes. Promote awareness of Orange's historical and architectural
resources and potential strategies for adaptive reuse of historic structures.
7. DISCUSSION and BACKGROUND
The Historic Preservation Design Standards for Old Towne (Design Standards) were adopted by
City Council on December 12, 2017. At that Council meeting, the Council expressed that the
proposed elimination of Planning Commission review for construction of second stories and
additional units would limit the ability of adjacent property owners and residents to comment on
proposed projects prior to their approval. The Council adopted the update and directed staff to
prepare an Ordinance Amendment to establish notification requirements for these types of
Design Review projects on properties in residential zones in historic districts to ensure that
members of public have the opportunity to comment on projects that may affect the aesthetics,
privacy, and enjoyment of their properties.
The proposed Draft Ordinance Amendment (Attachments la and lb to this report) modifies
OMC Section 17.08.040 — Notice of Hearings to create notification requirements for the
following Design Review projects in established historic districts:
• New second stories
• Additions to existing second stories
• Construction of additional units
ITEM 2 2/13/2018
As part of the Design Review application for these projects, applicants will be required to
provide notification maps, mailings lists, and labels from a Title Company or Ownership Listing
Service as described in the Land Use Project Application.
Notification of the Design Review Committee meeting to consider the project is required in the
following manner:
• Posted notice at the subject property
• Mailed notice to property owners and occupants within 300 feet of the subject property
The 300 foot radius for mailed notices is consistent with noticing requirements for other project
types in the City. The Ordinance Amendment will apply to the currently established historic
districts (the National Register of Historic Places designated Plaza Historic District, the National
Register designated Old Towne Historic District, and the local Old Towne Historic District) and
any future historic districts.
No other changes are proposed to the notification requirements in OMC 17.08.040. Design
Review projects inside the Old Towne Historic Districts that do not involve construction of
second stories or additional units and Design Review projects outside of the Historic Districts
will not require notification. Any projects in the Historic Districts that require Variances,
Conditional Use Permits, Major Site Plan Reviews, or environmental review under the California
Environmental Quality Act (CEQA) will continue to require notification as described in OMC
17.08.040. However, staff is currently studying a comprehensive update to all notification
requirements that will be brought forward to the Council in the future.
The new notification requirements will necessitate an increase in administrative staff time and
costs in preparing for Design Review Committee meetings and processing the mailings. In some
cases, the notification requirement may result in longer timelines for project processing due to
the staff time required to coordinate the mailings approximately two weeks prior to the Design
Review Committee meeting. In 2017, staff received and processed three applications that would
require notification under the proposed Ordinance Amendment.
Alternative Notification Study
In response to Council's direction about potential impacts to adjacent property owners, staff also
studied an alternative approach to mailed notices. A 300 foot radius around a standard residential
lot in Old Towne typically includes properties more than a block away from the subject property
(See Attachment 3 — Sample Notification Maps). In some cases, the 300 foot radius will require
mailed notices to property owners who may not be directly affected by potential changes to
privacy or aesthetics from these projects.
As an alternative, staff considered a mailed notification requirement for adjacent properties only.
This would include any parcels sharing property lines with the subject property and those directly
across any streets. This would typically result in under 10 adjacent properties requiring
notification, compared with 50 to 70 properties typical of a 300 foot radius in Old Towne. Under
either option, a notice would be posted at the subject property to inform the neighborhood at
large of the proposed project.
The benefits of noticing only adjacent properties include:
ITEM 3 2/13/2018
• Staff would be able to generate the notification maps and mailing labels given the small
number of properties, rather than requiring the applicant to pay a Title Company or
Ownership Listing Service
• Reduced amount of property owner and staff time, and mailing costs for the smaller
number of mailed notices
Staff's consideration of alternative noticing is provided for informational purposes. In order to be
consistent with the existing notification requirements for other project types in the City, staff is
recommending approval of the 300 foot radius for mailed notices and has prepared the Draft
Ordinance Amendment to reflect this radius.
Planning Commission Recommendation
On January 15, 2018, the Planning Commission conducted a regularly scheduled public hearing
on the Ordinance Amendment. A Public Hearing Notice was published in the local newspaper on
January 3, 2018. No public comments were received. The Planning Commission recommended
approval of the Ordinance Amendment to the City Council with a 4 -0 vote.
City Council Hearing
A Public Hearing Notice was published in the local newspaper on December 31, 2018. As of the
writing of this staff report, no public comments were received. Should the Council approve the
Ordinance, a second reading will be agendized and the Ordinance will become effective 30 days
after the second reading.
Environmental Review
Per California Environmental Quality Act (CEQA) Guideline 15378, the draft Zoning Ordinance
Amendment is not a project, because noticing is an administrative activity of a local government
that does not have the potential to result in a direct or reasonably foreseeable indirect physical
change to the environment. Because the amendment is not a project, it is not subject to the
provisions of CEQA and no public environmental review is required.
8. ATTACHMENTS
Attachments to Report
1. Ordinance No. 02 -18
a. Draft Ordinance Amendment (clean)
b. Draft Ordinance Amendment (redline)
2. City Council Minutes from December 12, 2017
3. Planning Commission Resolution No. PC 01 -18
4. Planning Commission Staff Report from January 15, 2018 (no attachments)
5. Draft Planning Commission Minutes from January 15, 2018
6. Sample Notification Maps for 300 Foot Radius and Adjacent Properties
N: \CDD\PLNG \Ordinance Amendments\DRC Noticing for Historic District \CC_Staff Report 2018- 02- 13.doc
ITEM 4 2/13/2018
ORDINANCE NO. 02-18
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ORANGE AMENDING SECTION 17.08.040
OF THE ORANGE MUNICIPAL CODE TO
ESTABLISH NOTIFICATION REQUIREMENTS
FOR DESIGN REVIEW PROJECTS INVOLVING
CONSTRUCTION OF SECOND STORIES OR
ADDITIONAL UNITS ON PROPERTIES IN
RESIDENTIAL ZONES WITHIN THE BOUNDARIES
OF AN ESTABLISHED HISTORIC DISTRICT
WHEREAS, at the December 12, 2017 City Council meeting, the Council reviewed
and adopted an update to the Historic Preservation Design Standards for Old Towne; and
WHEREAS, at that same meeting, the City Council directed staff to prepare an
Ordinance Amendment to establish notification requirements for Design Review projects
involving construction of second stories or additional units on properties in residential zones
within the boundaries of established historic districts; and
WHEREAS, the City of Orange contains three established historic districts: 1) the
Plaza Historic District, designated in the National Register of Historic Places in 1982; 2) the
local Old Towne Historic District, designated by City Council in 1991; and 3) the Old Towne
Historic District, designated in the National Register of Historic Places in 1997, and may
establish additional historic districts in the future; and
WHEREAS, the City desires to provide nearby property owners and residents the
opportunity to comment in a public meeting on proposed projects in established historic
districts that may affect the aesthetics, privacy, or enjoyment of their properties; and
WHEREAS, the amendment of Orange Municipal Code Section 17.08.040 requires
that notice of the public meeting of the Design Review Committee to consider these projects
shall be posted at the subject property and mailed to property owners and occupants within 300
feet of the subject property; and
WHEREAS, the proposed ordinance amendment is not a project pursuant to California
Environmental Quality Act (CEQA) Guideline 15378, because changes to the noticing
requirements for projects could not have the potential to result in a direct or reasonably
foreseeable indirect physical change to the environment; and
WHEREAS, the Planning Commission conducted one duly advertised public hearing
on January 15, 2018, at which time interested persons had an opportunity to testify either in
support of or in opposition to the proposed ordinance amendment and recommended its
approval to the City Council; and
ATTACHMENT NO. 1A
ORDINANCE NO. 02-18
DRAFT ORDINANCE AMENDMENT
(CLEAN)
FEBRUARY 13, 2018 CC MEETING
CITY COUNCIL MINUTES FEBRUARY 13, 2018
11 PUBLIC HEARINGS
11.1 An Ordinance amending Section 17.08.040 of the Orange Municipal Code to
Establish Notification Requirements for Design Review Projects involving
Construction of Second Stories or Additional Units on Properties in Residential Zones
within the Boundaries of an Established Historic District. (A2500.0)
Time set for a public hearing to consider establishing notification requirements for certain
types of Design Review projects on properties in residential zones within the boundaries
of an established historic district.
THE MAYOR OPENED THE PUBLIC HEARING; AND THERE BEING NO
SPEAKERS, THE MAYOR CLOSED THE PUBLIC HEARING.
Ordinance No. 02 -18 (First Reading)
An Ordinance of the City Council of the City of Orange amending Section 17.08.040 of
the Orange Municipal Code to Establish Notification Requirements for Design Review
Projects involving Construction of Second Stories or Additional Units on Properties in
Residential Zones within the Boundaries of an Established Historic District.
MOTION — Smith
SECOND — Whitaker
AYES — Alvarez, Whitaker, Smith, Murphy, Nichols
Moved to approve Ordinance No. 02 -18 for First Reading and same was set for Second
Reading by the preceding vote.
11.2 An appeal of the Planning Commission decision to deny Conditional Use Permit No.
3003 -16 for an Alcohol and Beverage Control (ABC) License Type 20 (Off -Sale Beer
& Wine) located at 684 S. Glassell Street. Appeal No. 550 -17. (A4000.0)
(NOTE: ITEM TO BE CONTINUED TO THE MAY 8, 2018, CITY COUNCIL
MEETING)
Time set for a public hearing to consider an appeal by the applicant, Joseph Karaki of
Western States Engineering, on behalf of Cadnicks 76 Service Station, of the Planning
Commission decision to deny Conditional Use Permit No. 3003 -16 for an Alcohol and
Beverage Control (ABC) License Type 20 (Off -Sale Beer & Wine) located at 684 S.
Glassell Street.
Councilmember Alvarez left the dais at 9:07 p.m.
MOTION — Nichols
SECOND — Murphy
AYES — Whitaker, Smith, Murphy, Nichols
ABSENT — Alvarez
Moved to continue this Item to the May 8, 2018, Regular City Council meeting.
Councilmember Alvarez returned to the dais at 9:08 p.m.
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