11.02 Nutwood Tract Zone Change City Clerk's Counter
C � U NCI L LATE AGEN DA ITEMS �
Council Meeting
October 9, 2018
a3c��an.€����
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C���n��, �:�.����i�
Octoo�.r 9. 2�31.8
Cit�- C�ur�cil af Orai1��
�i'r�lll�2. �r�i
I�c: Rezonin��af'th.e SDt} I3lctck of the ��i��v,Qo� Tra�:t
Honora�l�.�v�a�ror Smith and Ciay Council 't�1er�;�e�s:
I'lie t`it5'C�iiilcit ��hs �}r«}�ase�t �os�-nzo�lir�tr 1� oz•��pruperties rri t��e�'�{utw�oad "I�r���t
txo�z�r�si�iei-�tial d�.iple� (R-`�-b�)tU resir�ential sitlg3e iamily{R-1-6j tc� b� cansist�nt t��ith the
Cre�7era1 Plan'�tlesignation af I+�v� d�nsi.t��resic�ent�al(.L.IJ�'ti} �cjr that��lc�c�. T11�.R-��-t� zo�}it��
ha� ��en in I�lac� at l��se�i_�l�.e 197�. T1�ese �� pt-��ei�iis �re in th�;:�00-i�1���.of S, flr�nge
Strezi and S. Crra»d stree�b�t���een E. .La �'�ta�,.��en�ae a��cl E. .I�.itier F��YW1tL3� (::��0 Bl�ck"j. TIZe
Cit��'s��•c?�asal cz�rY-es ol3t fi�am rlle;c�e3���nzonin� foi2�•ocher prc,�erti��th�t are withizz the �C�p
�Ic�c�ti.
.'�ec.c�rdi.��g to �he �.;ity- :�1�nabtii•'s re��urt, r�c� �ar�pe��ties��ou?d �e �nad�Jt�n-catlfc�rnli.��� t��
tilis c;larige. Howev�:r, tI'4IS CUI3C�liSlt�11�I4�5 110t]"���,C� �}l� Oil-�.'[1�-�X0�1i'it�CQTit�lti(7Il.S 1I1C�
jJi'{5})c^i'��,' LiS�T��ll�lill t�t12 �Q� �!t)C�C, Ii1i:�t1C�1I3� �X1511I1v.:,T j3t"Cy�cPClc':;�I"1St�3t3t'� �{I{�1�tUt78� I!I?iTS. dT1LI
the����ncc�nfc�rn�ing p���perCies cl�at�4�-o��lc1 result.
�i�he C�its��ianager I�as ���t inclt�cl�d otl�er parts oft����v�3z��°c��d Tract in t��e re��r�in� --
tlzi <00 bic�ck of South Urand �t�•eet ajld tl�� 300 I33ock of Ri.�-�.r.�.ven�.�e;z���her, tl�e �it��
'ti�1a��.��Yer's optrcr.r�s for#hc��� t�locks sve?-L to ac�iericl tl�.e Cien.ez-a� F'lazi 1a��d desi�nati.o�is io la:�-
!7?�C�IUIli t��rasity-resideiztial {L'�-1DRj,���hicl���ould be cansist�.nt z��ith�.xistili�R-?-6 zonin��and
la1�d 3ises. l�'e are �•eq�.ie5tin;�that ti�.e S�p Bioc�:be n�ade a puc�t of�that�;##'t�r#. �
�,�'e respQctfully rec�Eiest t�� Cit, Counc�l tu rcjecL tlz�:prc�pos�:� c�C«=nzoni���anc� irzst�a�.
tt�ta'��OfIZ t)f Y�t1� I�OI�L7Z�'121� ai:tic��ls, rather than takin�� acF�cpri5 tl;�t i�:-t>U�C�i"�S11I1:lI? 5.1�*i11�C'aa� c���-
t�i�-`?3'c�EIZ7.i� v�li'tciLS(?Il �Tt)111 `r.i t"1�'W' '+.'�.-�-� IGltitl�i��:Sl�,t7%�itl(31Z :i17i�1�1e ���'3�tlt3�tOt7 O���71'i3j��.Ytt�S:
.�. A�nenc# �he�er�e��l �'la�� fr,r t�ie s()�)�loc:l� tz� d�s��n�Ye it as L�rI�I�.to �e
ct�r�sis��n�r��ith eurrr�st 1�-2-fi �c�����and land �ase�.
I�. Inclut�e �4�cx�Of� F��c�c�t irB � ��n�2'�tl �'l�t� �tit�tadY�'ie�1t at5 �p4j3tD5�Ll d� �i�2
�g�#�c�n foa-t�ttier}�aa-ts Qf th� ����•oo€i T�-act, sc� t�at tl��;�u��c�a�� �ract is e��asi€fe��;ct a:� x
ti�-hale.
�'. �:'a�-�•e o�€� a��•�}i•op�r�•�t 22�+ �, �€ti•er�.�•��it� �'roc� t�e c��►a�'r��anz�; t�t �:-.I-
fi, anci th�n. dmer�r� t�c�a�n��-�a[ l��an ftr re�te�� �� �,:����� �es��agatic�n,
Fage 3 of 3
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17EM: 1 � ' � DATE OF MEETING: 1 v ` �
4�'e rLc�n11t1end t�iis a�ti�n f�T•#�ZF: ��11o�-�it�<7 r�a.sa�as:
1. E�is��r�;���� �I��� I'rc��s��9�' t;s��,�t�'�i��f�ra�� t}�e Las�s fs��°�I�� �a��
:�a�������'s 4��ca��ae�c3���c���at�����:�.c���•a����� ��e�T����c� i�a ��z��r�����al, ��r1���•�a�;th�
��itv'� �a1a�� ant�oeh�;F•.i.z�forl3a���ion sho�vs alI si���le tamil�- resider��s iz�.�he 5{!U �1oc:k�;xcLpt 1'or
tlze f��trr car�eci Qut pr�pert:es,an c�i�thc ?:round r��•ieu�shc���-s ��r� 3nulti-famil�- i•esiderlce {3
c:.nits) �n��tl�ree tu��c� far,zi.ly r.�.�;idence:s.� i#'thxv���tire t�tc�c1� is re�-ie�.�;��d as ��=hale c�n tl�e
�ro��ric�, t�lL ��t�:�31oc� «-�L�Ic� �llo��s�v�n tGv-o-fars.�iiy-.res.ide���.es a�3d t�;�e rn«.Iti-:t�at�iil;•it�i.t
(a.l�oSY :i0°ro o�tt�� �Yc�pe�-t�es3 --a far�ry iro.m t11� characieriz��tio�� crf ti�e i�t3 i31ac?��s``ali
:st.t2.��:�I� i..ii123.�,'?"�S1L��.t2C�S�,.
�'I7�;��lll'!J�Y�ti.G �11i1.`(�i`y�ti Ot Cit�1�4'11"L01"llli� T�ic J�{} ��C7C�i :S i�7 Tl1'cl.kc; t.�l� Zfli1i�£; t`�.�SI�?7li�fIO1�
CCIt's3.i5tc'tlt'v'v'tT�]1:}1� �_i:.ilZt'£il .����i1 t��51£'I13�i0I�. �.�1 a i11c?21II�T'f�'1�1:I'i���CTS�_�IStIIl�:; i.iS(:S al�i� P'E:4L1�fS 1T1
�z�ni��-::onr'ormil��r i�ses. "l�:is prc���os�3 c(oes nc�t�c� tha�. It v��ill r�sl�It in ti-ariorf����n�o��:l�m.-�ia��
us�;s,allc���-in�tl��e C:i�ti- t� .���c�t��the Stz��e that its zinin�n�atcl��.s tl�e GLzier•al Pla��. t���=_ile t�.v
eA€stir..��i�a�+ert�-use ���i11 �l�t t�t�atch the zt�i�int.?.
T13ere is little c�iffere�7ce�;ett�.-���tl�e canfi��.�r�,#io1�in t�� S()C� �31oc�:us�s���d tl�ose in rhe
i?titi.',i F1L$t'CS C7j'�.(?e .�iUI:�Y'itt){� �.ii;CS:�.�7.t���iI'c. (f�cI11�� tdt}i:t7iI3��L'��t� 1i1.{:�.iI{3t; 311 t�'1�S�t)L�'Yl"GE)T3i21�
}?1'O�OAdi aliC� IT1:1.Z� �}�, C0135i�.i;]'UC� �'rlt�:�S jJilil t31r�3 �i�I7�?'�1.�.�}�i?I� i3ZT_t',!�tj171LI]i �� 7?2�k�C}3 tlSciSfG V.'t#,�i
i�tiTi�i�1�. �
2. I)r������ts��n��t� �.-�-�5 �;ill I��rea:�€� �xisfir���3���si��a��rar� t� th�:�s�r�I r�f'
t4��� �rc��-rcis�l xr.g� �.zsit�ri� �re��r�-a�aa�.a. �Bca�ls. �t�•ee�s��re Lil��e��r�y crowded `�-ith parl:irg di2�
io, dz����:G�other tIiir���s, tlze��c�ciiiic�.{.�al Li{3?ts in tilie �t)� Bicyck, ti�,���ieh cic� rc�t ha��e t�ze i•e�L�i���3
}?ai•;�ir.� :;�aace. �ti ti�e�32'n()c'.t'l4'. �3� cic���,-n��:s.li.z�`it� �-1-�i. p��t��?er"tr� c7��ners s,�i.11 c�� at71e tc� �c�d
accesso�•ti-d��eIli�1�� anits {"1�I�t;s''j tl�at dcj n�t r�c���ir�; satis:�ctic�ti c�f�tl�e stricttr 5�ace al�rl.
p�3rkint�} reqiiit��rt-ients i#ti�e Ft._:_� tl�.si��atic�n. Tlze c�.irre��t �.-2-6 �onin�, if�,i-�.fc��-c�;d;
Lr�t�Cli�'�IS�i4lillCe$ lt�f�S1T�' 1.11 �t1� �C�U L'�Ic�ek b�c�L�s�nlc,st oft��e pr�p�rti.�5 �o nnt���-e s��ce 4�c3r
�£fI'a�,?:,S C31.'"i;<lI'�.?t?Z'tS �f32.'7.'l;Si��.I2TS C1�t�1�:aL�CiIC1t�21:1� (iI1I�S. ���1C:'..I't:I't?.i'E'... 1� r1I? c',XIStiIi�f2t7i1-CUII.�:01'IIII?i�
a��d nz>a����rn�ittecl�rc�}�erty�°i�l:� adciitic�nal ur.its n�eds ta �e replar.,�d "r`or sc�n�e rea�c�z�. t�.e I�t-'?-�
zo�-�i_Ii�Y .�•€�u1�i re;.�ttir�: th�.t off-sti•eet��ai•king �c;��c•o�icied. .��t���:� ��aan re���i����i€:�n����, ar�:�.-
1.-b �€��i�a� i� t�ais �ei�hbc����ir�or� rs��rs# 1i3�,�3������1�r�s€�It in hi�,h�r��n��€w- ���d� c��c���c�ed-
loc��.'rrs�nei���t�arhood a� �are u�ait� a�•z place�i c�n �m�i.� 1Qts ay�� aaatjr€� c��r� are �3�erl€�d a�
t��a� �t����. '�'his is �i�ti�het���� e�the I�istaric �S�~€���s�°atic�n �a�Is,
�. 1'he�at�re tr1't��e �v�����o� Traet�as �f.���€rre�����v �eei� �Ii:�ed an� t��t�
��t��oc�d '�'���ct��c���c� �e �ons�a.���� �� � ��vl.a���a. �'�s tl��:C'it}-'�•I7na�e�•T•ecoU_nizes, ��le
'�u�4�-��c�� "I-ract ha5���i�ed uses i�.i#h mult:fat�,il��, t��c� fa�:�tilv c�.�i�i sii��i� resi�ezice uses i��i�.�.�.
t1Lr:�i��l�ouut. �ot ont} ci�es dt�����z���in� �}�e :�U+� ��,lcrc�: tcs s:.��i�;-i��n�.i.1ti resicJeilee n�t n�ake it a
�ir,`;Ie-fanliIv resic�e�lcc .zei<�3ik�ar}.�oo�f jtlst ��,•sati-in�sc�, hut �� is inc;c�i�sistent u�itF� i.i3e i�cat�=�aoci
�"rt c�'s o��L�•�11 t�istc�ric n�ixe� t�s�. "I�(le �etter c�ioi.cr; d�,�c�ulci t��t.0 a�z����d tl�e Gei.iera.t Pla��and
tx•�at the:tiut��.-�od Tract: as�ti�-hul�,ic�l�e cc�s�sis4ex�t tivit.l�tl��acit�a.! use and zonilz=7 ratl�er thac:
1=�i�,e. thL C_�'it�� ciciim. t:dhe��.nce t�the U�;neral P��n i�.�.<�2ae s�;�:tint� c�f'ti�e tract. m�relti�ti�� ciz�.n�:,=i�.<�.�
i ilc erc;a�ed mao 5�141"JS?YIS:Si;�(Ji JE7C'('t'b'tUSt�fQl"SiiS USES. T}lP.�1���`S?7:c�G CSi�'t�?:"S�;�:?I�1C�11C'sy from o�,r aC:'�r3)US�
1!7 C:�}.
?����Ot .Ji
the zr,ning. This vieti��was ex�r�•essec� by° rh4 Plannin�Cominissio���s i•eflected in the znir.�rtes of
t31e mee�in�of Sua1e=�,201�: "Cc�mrriis'ioi�ers Correa. Gladsor�, �t�'i.11its and Glasgo�v statec3 the�T
sz��port t���zone chan�e a«d nat��i tha���e�'��i��a�d the e�tire t�°act c���tci b�ad�re�sec� �t
t��e �ir��." {einphasis adcierl)
�, 'The I3esi�� l�.e��ie��� �ta��i�rr�s 4�i1�Preal�de Ere���on �f fhe Fiistorac
Pre�€;�-r=�ation C�oals in �he S!)6 I�lack. Any adcitional u�its th�t inay ve buill ii�tl�e �Oa�31ock
w•iii :ieed to con�ply�u-ith the; City's d�siUii and historic presinaEion szandards and be a�proi-�ci
by the i�esi�n Revietit�totnmittee. ti�';tl�these staciciac•ds i.n place, ni�intainiug the R-2-6 zoi3i�1��
t,�ili not result izz degradatio�l t� c�isiing pr�pertie5. y
5. I�oe�- th� �o�vn�e�n�r����ffeets The L1se aa�ci�'c`lli.d�t2�'L%$12'PY'OUt't`L�`. Oi.il
pra����y at 22� �. Riz-�r?�ven�.zy is a�c��bl�, it�t with a histo�•ic i�o:ne on t.he p.ropert} «nci
sufi�icie.r�t s;�acc to acid a parkin<��,c�rt a3�d additio��al�Zra�?e s;�ace if zi�ecie�. �'�{�d i1C)t li'1t�22d to
chan`�z t:ne ��n��ue, llistar.ic ioa�: c�f c��ir p��cjp�rt}�. .-�s curreili�y zc�i�i;c�, ��c cc�uld builci adciitic>n��l
�mi.ts csn �ur�c��ei-��. Those units s��c���lc3 ne�d to mevt O}:1�t3 5(3e1C�`, s�tbac;I: and historic
pz•�5eri�atic�n stand�rd� �--�� fe{�t in a.�id cjf itself but doable.
F-Ic���,�e�er, do«�nzo�l.in� our}��opert;�wouid effecti�re.I�• p.reciizde tas from addin��anti l:iiiis
other tl-�an a small .�DU, ti��r�ich��auld onl���x�cerbate the cul�r�nt sireet-par;�inc prot�icl��.
Uos�.r:z�ni�j�to R-.t-6 �vo«i�.i preci�.i.de us fi•om cor�:verting an 8�t) sc��iare foc,t upst�irs intc3 a
separ.aic �.lnit bz° adding a stairt;as� in tia� bac.l� of th., hc�use. That 5�c1C�il£�1S 8 S��iC1OL1� Ii��lI2��
i't�ti tTl 1�,'i'��Z £t;l �I.CC7�;'�, �i S�pdI�IE: �eC�i'OL)il�, i� JaX�� Z7�1T�1CUtJi11 c`111fj r.`1I� 'u�t'�� ��l�it COLI�C� b� C011�;��T'C�{�
to �i sz��a;I kitchei�. It currentl�'�oes �����rs�c�. 4�%e alsa�lave the ca��acrty to ac�d a unit behinc��u,.
hoi�3e nr�`er c��ac•�aa•age ii:, tlle t�acl� til�ith the�•eauired�arkin�. ��}�es� ��re L�II opciotis that r�:e
dotivnrc�nin4� weUld e1�ri�inate. "i'l�ese o��tions �isa are similar to pro�ert}-uses made by n�nn�
�ther communiiv 1listc,ric �re�ervatic�nists, ti��ho n��ti�seek to limit t�ther� fr�m doin�the sa�ne
th.itz�:.
Dt��7lzo�lit:� decisioias af.'fect �ro��ertv L�alues and can ri.�e ta t?�e �evel of izlc•�;rse
condezni�atien under C;al_iforni�anc( federal la��-. The dimintrtiozj c�f v�ltie as5oc.i.aied wit�l
dori-nzoni���otar property ��,�ill t�e>�.�b�tai�tial gzven the��ro�cr4t�,s ct�rr�a�t valu�, sqtiare foor���e
and oLir le�al ri�l�ts ��z�der th.e e�istin� �-2-� zan..in� for adciiz��,�� ii�co.r�.�z-��rc�c�uei.z��,�; uni.ts. ����;
ur��:l�rstar�d the R-2-t :ro��in� i�a� be�:ri i�� �alace at.least since I�;3 tinc�c�rtai.i.�.ly SiFic�.7ahi�
purchas�cl the house.
�'�-e uY��e tl?z Citv Cou.nci l to siriously�considei•th�res�ilts �f tl7e current de��-nz�nin�
prapcsai at�c1 reject it. Tl�.e:'�ut��-t�od Tr�ct as a ti�°l�ole requi�•�s thou<=htful consideraiior� �ased c�ii
accur�ite, on the grounc[ infacnlaiio�l. "i hank you for eonsiderin<:.j c�ur ct7mn�ents ii;mz�kin� yc�z�r
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G���°���� AGENDA ITEM
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� ,� ,�..�o October 9, 2018
�'•A
�b�'14.Y'.C�'
Reviewed/Verifi
TO: Honorable Mayor and
Members of the City Council City Manag r
Finance Dir tor
THRU• Rick Otto To Be Presented By: Kelly Ribuffo
City Manager Cons Calendar City Mgr Rpts
FROM• W111iam CrouCh �� Council Reports _ Legal Affairs
. Community Development Director Boards/Cmtes X Public Hrgs
Admin Reports Plan/Environ
1. SUBJECT
PUBLIC HEARING: Zone Change No. 1288-18 to rezone select properties in the Nutwood Tract
to Single Family Residential (R-1-6) and Office Professional (OP) to establish consistency with
the Low Density Residential and Neighborhood Office Professional General Plan land use
designations in accordance with state law. The subject Zone Change addresses certain properties
presently developed with single-family residences on the 500-block of S. Orange Street and S.
Grand Street between E. La Veta Avenue and E. River Avenue and a professional office at 503 S.
Glassell Street.
2. SUMMARY
The City of Orange is proposing to rezone properties on the 500-block of S. Orange Street and S.
Crrand Street between E. La Veta Avenue and E. River Avenue from Duplex Residential(R-2-6)to
Single Family Residential (R-1-6). These properties have a General Plan land use designation of
Low Density Residential (2-6 units/acre) (LDR). The zoning that is consistent with the LDR
designation is Single Family Residential. The property located at 503 S. Glassell Street is also
proposed to rezoned from General Business (C-2) to Office Professional (OP). The property
presently has a General Plan designation of Neighborhood Office Professional (NOP). The zoning
that is consistent with the NOP designation is Office Professional (OP). Both State planning law
and Program I-1 of the General Plan Implementation Plan require consistency between General
Plan and zoning designations. �
ITEM I I • �' 1 10/9/18
3. RECOMMENDED ACTION
" Approve for first reading Ordinance 09-18:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ORANGE APPROVING ZONE CHANGE NO. 1288-18 REZONING
CERTAIN PROPERTIES IN THE NUTWOOD TRACT TO SINGLE
FAMILY RESIDENTIAL (R-1-6) AND OFFICE PROFESSIONAL (OP)
TO ESTABLISH CONSISTENCY WITH THE LOW DENSITY
RESIDENTIAL AND NEIGHBORHOOD OFFICE PROFESSIONAL
GENERAL PLAN LAND USE DESIGNATIONS IN ACCORDANCE
WITH STATE LAW
4 FISCAL IMPACT
None.
5. STRATEGIC PLAN GOAL(S)
5. Recognize, promote, and preserve Orange's rich heritage.
d) Expand and strengthen processes and practices related to protection and cultural
resources.
6. GENERAL PLAN IMPLEMENTATION
Implementation Program I-1
In accordance with State planning law (Government Code §65860), the City must establish
consistency between the General Plan and its zoning. Implementation Program I-1 of the General
Plan Implementation Plan calls for consistency between General Plan and zoning designations to
be established.
Cultural Resources Element
Goal 1.0: Identify and preserve potential and listed historic resources, including buildings,
structures, objects, sites, districts, and archaeological resources citywide.
• Policy 1.3: Provide long term assurance that potential and listed historic resources will be
used, maintained, and rehabilitated in conformance with Secretary of the Interior's
Standards for the Treatment of Historic Properties with Guidelines for Preserving,
Rehabilitating, Restoring and Preserving Historic Buildings (Secretary's Standards).
ITEM 2 10/9/18
7. DISCUSSION and BACKGROUND
The Nutwood Tract, also known at Nutwood Place,is a neighborhood consisting of approximately
six blocks located just north of Hart Park in Old Towne Orange. The Nutwood Tract is
characterized by a mix of General Plan and zoning designations that support a vaxiety of residential
development types ranging from single family,to duplex,to multi-family. Over the years,this land
use policy has resulted in the conversion of some historic single-family residences to multi-unit
properties.
At the July 11, 2017 meeting of the City Council, the Planning Division was given direction to
prepare a memorandum regarding potential re-zoning of the Nutwood Tract, with the goal of
preserving the historic single-family housing stock of the Nutwood Tract. Staff analysis concluded
that development conditions in the tract are complex, and opportunities for making General Plan
and zoning changes, that would function to protect the single-family development in the area
without creating non-conforming properties, are limited. However, staff identified the 500-block
of S. Orange Street and S. Grand Street between E.La Veta Avenue and E.River Avenue as having
the greatest concentration of historic single-family homes with a Low Density Residential (2-6
units/acre) (LDR) General Plan designation,making it appropriate for a targeted zone change.
Therefore, Staff is proposing to rezone properties on the 500-block of S. Orange Street and S.
Grand Street between E. La Veta Avenue and E. River Avenue from Duplex Residential (R-2-6)
to Single Family Residential (R-1-6). The R-1-6 zoning will establish consistency with the
General Plan. The property located at 503 S. Glassell Street is also proposed to be rezoned from
General Business (C-2) to Office Professional (OP). The property presently has a General Plan
designation of Neighborhood Office Professional (NOP). The zoning that is consistent with the
NOP designation is Office Professional (OP).
In total, 13 properties will be affected by the proposed zone change:
Rezone fi�om General Business (C-2) to Office Professional (OP)
• 503 S. Glassell Street
Rezone fi•om Duplex Residential (R-2-6) to Single Family Residential (R-1-6)
• 222 E. La Veta Avenue
• 226 E. La Veta Avenue
• 515 S. Orange Street
• 525 S. Orange Street
• 535 S. Orange Street
• 545 S. Orange Street
• 205 E. River Avenue
• 213 E. River Avenue
• 225 E. River Avenue
• 526 S. Grand Street
• 536 S. Grand Street
• 552 S. Grand Street
ITEM 3 10/9/18
Thus,Zone Change No. 1288-18 establishes General Plan and Zoning consistency for the affected
properties. There is not a development project associated with this Zone Change.
Historic Status
11 of 13 properties within the proposed rezone area are designated as historic resources. Three
properties also have active Mills Act contracts.
On-the-Ground Uses in Relation to Zoning
The proposed re-zoning of properties in the area affected by the Zone Change reflects long-
standing on-the-ground conditions. According to the Orange County Assessor tax records and
City of Orange building permit records all residential properties affected by the proposed zone
change are single family residences. That said, properties may have accessory units, guesthouses,
or other similar units existing that are not reflected in these records.The property at 503 S. Glassell
Street is a professional office. The Zone Change will not cause existing permitted development to
become legal non-conforming due to the compatibility between existing uses and proposed zoning.
Public Outreach
At the beginning of the review process for the project John Aust, owner of 225 E. River Avenue,
contacted planning staff to discuss his concerns regarding the potential zone change.
On April 25, 2018 and May 10, 2018 the Planning Division held information sessions for all
residential property owners affected by the potential zone. No property owners attended the
meeting on Apri125t". One property owner attended the meeting on May l Otn
On May 7, 2018 staff mailed a letter regarding the zone change directly to the property owner of
the office at 503 S. Glassell Street. Offering the opportunity to meet or discuss the change over the
phone. No response was received.
In total, three residential property owners contacted staff with comments regarding the proposed
zone change after the two public information sessions. All three property owners, including the
individual who attended the information session on May 1 Oth,were in support of the proposed zone
change as being compatible with the single family character of the neighborhood.
Public Comment at Planning Commission
At the June 4, 2018 Planning Commission hearing, four residents spoke in favor of, and three
residents spoke in opposition to,the proposed zone change.Minutes from the meeting are included
as Attachment 3 of this report.
Residents in favor of the zone change expressed a desire to maintain the single-family residential
character of the neighborhood and expressed interest in further rezoning to R-1 in the Nutwood
Tract.
ITEM 4 10/9/18
Residents who spoke in opposition to the project felt the zone change would cause a decrease in
property values and that the properties may be developed with multiple units not reflected in city
or county records.
Additional Information—552 S. Grand Street
Subsequent to the Planning Commission hearing staff received additional property information
from Bonnie Byruin, owner of 552 S. Grand Street. Microfiche building permit records provided
by Ms. Byrum suggest that between 1971-1972 an �530 square foot "rumpus room" was
constructed on the property. This rumpus room, which included a bathroom, was later altered in
1973 to include kitchen facilities. Additionally, Orange County Assessor records from the early
1970s identify the second building as a"guest house"with its own kitchen and bath facilities.
In 1973 the City's zoning code required one enclosed garage per dwelling unit. According to the
Assessor records,at the time the"guest house"was created the property only had one garage. This
suggests that the guest house was not considered a separate dwelling unit for the purposes of
creating a duplex, but rather was an accessory dwelling similax to today's Accessory Dwelling
Unit(ADU), which is why no additional parking was required by the City.
Staff recommends that the property be considered for rezoning from R-2-6 to R-1-6. Existing
development on the property is presently nonconforming with the setback and parking standards
for a duplex in the R-2-6 zone based on current and 1970s development requirements. Rezoning
of the property to R-1-6 would not further limit the property owner's ability to retain or alter the
existing accessory unit in the future, and would improve the noncomforming status of the property
if the property were to be categorized as a single family home with an ADU rather than a duplex.
Additional Information—225 E. River Avenue
At the June 4, 2018 Planning Commission hearing John and Kitty Aust, owners of 225 E. River
Avenue, spoke in opposition to the proposed zone change. A comment letter, received the same
day of the hearing, is included as Attachment 4. Regarding their specific property, the Austs
objected on the grounds that rezoning from R-2-6 to R-1-6 would preclude them from constructing
a second unit greater than 640 square feet in size in the future. They also stated concerns that a
zone change would diminish the value of their property as a large lot with R-2 zoning.
Staff recommends that the property be considered for rezoning from R-2-6 to R-1-6. Existing
single-family development on the property conforms with the requirements of the R-1-6 zone.The
property is also a contributing historic resource within the Old Towne Historic District with a Mills
Act contract, which is the type of development intended to be protected by the proposed zone
change. Staff cannot confirm whether a second unit larger than a 640 square foot Accessory
Dwelling Unit (ADU) could be constructed on the property while meeting the development and
parking standards as required in the Orange Municipal Code.
Staff Recommendation and City Council Determination
Staff recommends the zone change of the above properties be approved as described in Ordinance
09-18. However, City Council has discretion to modify the boundary of the rezone area.
Substantial modification of the proposed zone change by the City Council which was not
ITEM 5 10/9/18
previously considered by the Planning Commission shall be referred back to the Planning
Commission for report and recommendation.
8. ADVISORY BOARD RECOMMENDATION
Planning Commission:
The Planning Commission reviewed the subject proposal at the June 4, 2018 hearing. The
Commission considered the entire record, including a11 testimony and such additional information
offered at the public hearing. The Commission recommended approval of the project to the City
Council by a vote of four ayes with one absence. A copy of the approved resolution is provided as
Attachment 2.
9. ATTACHMENTS
Attachments to Report:
1. Draft Ordinance No. 09-18
Exhibit A: Existing Zoning
Exhibit B: Proposed Zoning
2. Planning Commission Resolution No. PC 19-18
3. Planning Commission Staff Report and Minutes dated June 4, 2018
4. Comment Letter from John and Kitty Aust dated June 4, 2018
ITEM 6 10/9/18
ORDINANCE NO. 09-18
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE APPROVING ZONE
CHANGE NO. 1288-18 REZONING CERTAIN
PROPERTIES IN THE NUTWOOD TRACT TO
SINGLE FAMILY RESIDENTIAL (R-1-6) AND
OFFICE PROFESSIONAL (OP) TO ESTABLISH
CONSISTENCY WITH THE LOW DENSITY
RESIDENTIAL AND NEIGHBORHOOD OFFICE
PROFESSIONAL GENERAL PLAN LAND USE
DESIGNATIONS IN ACCORDANCE WITH
STATE LAW
ZONE CHANGE NO. 1288-18
APPLICANT: CITY OF ORANGE
WHEREAS,the City of Orange General Plan Land Use Element and associated Land Use
Policy Map designates land uses in the portion of the Nutwood Tract located on the 500 block of
S. Orange Street and S. Grand Street between E. La Veta Avenue and E. River Avenue (APN
#390-102-01 through-11) as Low Density Residential (LDR); and
WHEREAS, the City of Orange General Plan Land Use Element and associated Land Use
Policy Map establishes a land use designation for the property located at 503 South Glassell Street
(APN#390-101-1) in the Nutwood Tract as Neighborhood Office Professional (NOP); and
WHEREAS,the residential properties located on the 500 block of S. Orange Street and S.
Grand Street between E. La Veta Avenue and E. River Avenue subject to Zone Change No. 1288-
18 are zoned Duplex Residential(R-2-6), which is not consistent with the LDR General Plan land
use designation; and
WHEREAS,the commercial property located at 503 South Glassell Street subject to Zone
Change No. 1288-18 is zoned General Business (C-2) which is not consistent with the NOP
General Plan land use designation; and
WHEREAS, California Government Code §65860 requires consistency between a city's
general plan and zoning; and
WHEREAS, the Planning Commission, having considered the proposed Zone Change at
a public hearing held on June 4, 2018, including review of the staff report and having received
public testimony on the item, has determined the proposed amendment is justified and
recommended approval thereof; and
WHEREAS, the City Council held a duly advertised public hearing on September 11,
2018, for the purpose of considering Zone Change No. 1288-18 as it pertains to the portion of the
ATTACHMENT NO. 1 '
DRAFT ORDINANCE NO.09-18
1 , Exhibit A:Existing Zoning
Exhibit B: Proposed Zoning
OCTOBER 9,2018
CITY COUNCIL MEETING
Nutwood Tract of the Old Towne Orange Historic District upon the properties shown in the
attached Exhibits.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES
ORDAIN AS FOLLOWS:
SECTION I:
The existing zoning is depicted on the map attached hereto as Exhibit"A"and incorporated
herein by reference. The Orange Municipal Code is hereby amended in order to change the zoning
classification by amending the zoning on the sites depicted on the map attached hereto as E�ibit
"B" and incorporated herein by reference.
SECTION II:
The proposed zone changes described in Section I are related to the public welfare,required
by California Government Code Section 65860 and consistent with Final Program Environmental
Impact Report(EIR)No. 1815-09 for the Comprehensive General Plan Update,certified on March
9,2010, and prepared in accordance with the California Environmental Quality Act(CEQA). The
proposed zone changes are within the scope of the previously approved General Plan and are
adequately described in the previously certified General Plan Program EIR for purposes of CEQA.
SECTION III:
A stumnary of this ordinance shall be published and a certified copy of the full text of this
ordinance shall be posted in the Office of the City Clerk at least 5 days prior to the City Council
meeting at which this ordinance is adopted. A summary of this ordinance shall also be published
once within 15 days after the ordinances passage in a newspaper of general circulation,published,
and circulated in the City of Orange. The City Clerk shall post in the Office of the City Clerk a
certified copy of the full text of such adopted ordinance along with the names of those City
Councilmembers voting for and against the ordinance in accordance of Government Code Section
36933. This ordinance shall take effect 30 days from and after the date of its final passage.
ADOPTED this day of , 2018.
Teresa E. Smith, Mayor, City of Orange
ATTEST:
Mary E. Murphy, City Clerk, City of Orange
2
STATE OF CALIFORNIA )
COUNTY OF OR.ANGE )
CITY OF ORANGE )
I,MARY E.MURPHY,City Clerk of the City of Orange,California,do hereby certify that
the foregoing Ordinance was introduced at the regular meeting of the City Council held on the
day of ,2018 and thereafter at the regular meeting of said City Council duly held
on the day of , 2018 was duly passed and adopted by the following vote,to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
� Mary E. Murphy, City Clerk, City of Orange
3
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Z()NE CHANGE NO. 1288-18
�__,,
RESOLUT'ION NO. PC 19-18
A RESOLUTION OF THE �LANNING COMMISSION
RECOMMENDING THE CITY COUNCIL APPROVE ZONE
CHANGE NO. 1288-18 AND ADOPT AN ORDINANCE
REZONING CERTAIN PROP�RTIES IN THE NUTWOOD
TRAC�' '�O SINGLE FAMILY RESIDENTIAL (R-1-6) AND
OFFICE PROFESSIONAL (O-P) TO ESTABI,ISH
CONSISTENCY WITH THE LOVV DENSITY RESIDENTIAL
ANl? NEIGHBORHOOD OF�7[CE PROFESSIONAL
G�NEI�AL PLAN LAND iJS� DESIGNATIONS Il�T
ACCORl)ANCE WI�I'�-I STATE LAW
APPLICANT: CITY OF ORANGE
Moved by Commissioner Correa and seconded by Commissioner Gladson that the
following resolution be adopted:
WHEREAS, the City of Orange General Plan Land Use Element and associated Land Use
Policy Map desigt�ates land uses in the portion of the Nutwood Tract located on the 500 block of
S. Orange Street and S. Grand Street between E. La Veta Avenue and E. River Avenue (APN
#390-102-01 through -14) as Low Density Residentia l (LDR); and
�r"'�
._.;' WHEREAS, the City of Orange General Plan Land Use Element and associated Land Use
Policy Map establishes a land uses designation for the property located at 503 South Glassell Street
(APN #390-101-1)in the Nutwood Tract asNeighborhood Office Professional (NOP); and
WHEREAS, the residential properties located on the 500 block of S. Orange Street and S.
Grand Street between E. La Veta Avenue and E. River Avenue subject to Zone Change No. 1288-
18 have been wned Duplex Residential (R-2-6), which is not consistent with the LDR General
Plan ]and use designation; and
WHEREAS, the commercial property located at 503 South Glassell Street subject to Zone
Change No. 1288-18 has been wned General Busmess (C-2)which is not consistent with the NOP
General Plan land use designation; and
WHEREAS, California Govermiient Code �65860 requires consistency between a ciry's
general plan and wning; and
WHEREAS, the Planning Coirunission, having considered the proposed Ordinance and
Zone Change at a public hearing held on June 4, 2018, including review of the stag report and
having received public testunony on the item, has detennined the proposed amendment is jt�stified
and recorrunends approval thereof.
�r - --- - - -- --
ATTACHMENT NO.2
PLANNING COMMISSION
RESOLUTION NO PC 19-18
OCTOBER 9,2018
CITY COUNCIL MEETING
Resohrtion No. PC 19-18
Page 2 of 2
NOW,THEREFORE, BE IT RESOLVED that the Planning Coirunission recoirnnends the
�'�- City Council approve the subject Ordinance and Zone Change, as depicted on maps included in
Attaclunent A to this Resolution, attached hereto, based on the following fmdings:
SECTION 1- FINDING
The Zone Change implements the General Plan Land Use Eleinent and Cultural Resources and
Historic Preservation Element by establishing Single Farr►ily Residential (R-1-6) zorvng in a
portion of the Old Towne Historic Disn-ict that is characterized by a preponderance of single fainily
residences that are conmbuting resources to the Historic District. The re-wning ofthese properties
supports the General Plan goals of preserving and protecting historic resources, and preserving
historic neighborhood character. Additionally, the re-zoning of conunercial properiy to O-P also
supports these goals by ensuring that the nature of professional office use is compatble with the
abutting neighborhood. Furthernlore, establishing coi�sistency between the General Plan and
Zoning designations for the affected properties u�nplements Program I-1 of the General Plan
Implementation Plan. '
SECTION 2-ENVIRONMENTAL REVIEW
Final Program Envnonmental Impact Report (EIR) No. 1815-09 for the Coiriprehensive City of
Orange General Plan Update was certified on March 9, 2010 and prepared 'm accordance with the
California Environmental Quality Act (CEQA). The proposed activity is within the scope of the
`����; previously approved General Plan and is adequately descnbed m the previously certified General
��_.�= Plan Program EIR for the putposes of CEQA.
BE IT FURTHER RESOLVED that the Planning Corim�ission recommends that the City's Zoning
Map be amended to depict the change m wiung established by Zone Change 1288-18 as depicted
on maps provided in Attachinent A.
I hereby certify that the Planning Conuivssion of the City of Orange adopted the foregoing
resolution on June 4, 2018 by tlie following vote:
AYES: Coirnnissioners Glasgow, Gladson, Correa, and Willets
NOES: None
ABSTAIN: None
ABSENT: Coirnnissioner Sn�son
Ern st . Glasgow, Planning Corimzission Chair - --
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�� �� Agenda Item
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ro���
June 4, 2018
TO: Chair Glasgow and
Members of the Planning Commission
THRU: Anna Pehoushek
Assistant Community Development Director
FROM: Kelly Ribuffo,Associate Planner
SUBJECT
PUBLIC HEARING: Zone Change No. 1288-18 to rezone select properties in the Nutwood Tract
of the Old Towne Historic District to Single Family Residential (R-1-6) and office Professional
(O-P) to establish consistency with the Low Density Residential and Neighborhood Office
Professional General Plan land use designations in accordance with state law. The subject Zone
Change addresses properties presently developed with single family residences on the 500 block
of S. Orange Street and S. Grand Street between E. La Veta Avenue and E. River Avenue and a
professional office at 503 S. Glassell Street.
SUMMARY
The City of Orange is proposing to rezone properties on the 500 block of S. Orange Street and S.
Grand Street between E. La Veta Avenue and E. River Avenue from Duplex Residential (R-2-6)
to Single Family Residential (R-1-6). These properties have a General Plan land use designation
of Low Density Residential (2-6 units/acre) (LDR). The zoning that is consistent with the LDR
designation is Single Family Residential. The property located at 503 S. Glassell Street is also
proposed to be rezoned from General Business (C-2) to Office Professional (O-P). The property
presently has a General Plan designation of Neighborhood Office Professional(NOP). The zoning
that is consistent with the NOP designation is Office Professional (OP). Both State planning law
and Program I-1 of the General Plan Implementation Plan require consistency between General
Plan and zoning designations.
ATTACHMENT NO.3 .
PC STAFF REPORT&MINUTES
DATED 6/4/18
OCTOBER 9,2018�CITY
COUNCIL MEETING
Planning Commission Staff Report
June 4, 2018
Page 2
RECOMMENDED ACTION
1) Adopt Planning Commission Resolution No. PC 19-18 entitled:
A RESOLUTION OF THE PLANNING COMMISSION
RECOMMENDING THE CITY COUNCIL APPROVE ZONE
CHANGE NO. 1288-18 AND ADOPT AN ORDINANCE
REZONING CERTAIN PROPERTIES IN THE NUTWOOD
TRACT TO SINGLE FAMILY RESIDENTIAL (R-1-6) AND
OFFICE PROFESSIONAL (O-P) TO ESTABLISH
CONSISTENCY WITH THE LOW DENSITY RESIDENTIAL
AND NEIGHBORHOOD OFFICE PROFESSIONAL
GENERAL PLAN LAND USE DESIGNATIONS IN
ACCORDANCE WITH STATE LAW
AUTHORIZATION/GUIDELINES
Orange Municipal Code(OMC) Section 17.10.020 requires City Council approval of amendments
to the Zoning Map, and also establishes procedures by which the Planning Commission reviews
such amendments and makes recommendations to the City Council.
PUBLIC NOTICE
On April 13, 2018 letters were mailed directly to residential property owners inviting them to
participate in an informational meeting about the proposed zone change on April 25th with
Planning staff at the Orange Civic Center. A second letter was mailed on April 27�' inviting
property owners to an additional meeting on May l Oth
On May 7, 2018 staff mailed a similar letter directly to the property owner of the office at 503 S.
Glassell Street inviting the owner to discuss the proposed change through an individual meeting
or phone call.
Public notice of the Planning Commission hearing on the proposed zone change was published in
the Orange City News newspaper on May 24, 2018. A total of 241 notices were mailed to the
owners and occupants of affected properties and owners and occupants of properties within 300
feet of the affected properties. Notices were also posted at City Hall and Library posting locations.
ENVIRONMENTAL REVIEW
Final Program Environmental Impact Report (EIR) No. 1815-09 for the Comprehensive City of
Orange General Plan Update was certified on March 9, 2010 and prepared in accordance with the
California Environmental Quality Act (CEQA). The proposed activity is within the scope of the
previously approved General Plan and is adequately described in the previously certified General
Plan Program EIR for the purposes of CEQA.
Planning Commission Staff Report
June 4, 2018
Page 3
PROJECT BACKGROUND
The Nutwood Tract of the Old Towne Historic District is characterized by an assortment of
property types, General Plan designations, and zoning classifications(Attachments 2 and 3). Over
time,the community and City Council members have expressed a desire to bring the General Plan
land use designations and associated zoning into alignment with on-the-ground conditions,and the
City's objectives to preserve the historic neighborhood character of Old Towne,particularly single
family residential neighborhoods. In the Nutwood Tract, current General Plan and Zoning
classifications support the development of duplex and multi-family residential properties.
In August 2017, the Planning Division investigated potential re-zoning of the Nutwood Tract
following City Council direction. The only block of the tract well-suited for re-zoning without the
need for a General Plan Amendment is the 500 block of S. Orange Street and S. Grand Street
between E. La Veta Avenue and E.River Avenue due to the fact that this block has a LDR General
Plan designation and a relatively intact building stock of single family residences. However,these
properties are currently zoned R-2-6 which is inconsistent with the LDR General Plan designation.
In total 13 properties would be affected by the proposed R-1-6 zone change on the 500-block of
S. Orange Street and S. Grand Street between E. La Veta Avenue and E. River Avenue.
In addition to the residential block, the commercial property located at 503 S. Glassell Street
(southeast corner of Glassell Street and LaVeta Avenue) has a General Plan Designation of NOP
but C-2 zoning. The use is a low-intensity professional office that is well-suited for a converted
historic residence. The C-2 zoning is inconsistent with the NOP designation, and not entirely
appropriate for the existing use and historic development context.
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.
PROJECT DESCRIPTION
A portion of the Nutwood Tract has conflicting General Plan land use designations that would be
reconciled by the Zone Change. The City of Orange is proposing to rezone properties on the 500-
block of S. Orange Street and S. Grand Street between E. La Veta Avenue and E. River Avenue
from R-2-6 to R-1-6. These properties have a General Plan land use designation of LDR. The
zoning that is consistent with the LDR designation is Single Family Residential (R-1).
The property located at 503 S. Glassell Street is also proposed to re-zoned from C-2 to O-P. The
property presently has a General Plan designation of NOP. The zoning that is consistent with the
NOP designation is OP.
Planning Commission Staff Report
June 4, 2018
Page 4
APPLICATION(S) REQUESTED/REQUIRED FINDINGS
The request involves a Zone Change/Ordinance Amendment. Zone Change No. 1288-18 will
establish consistency between the General Plan land use designations and property zoning
classifications on the subject properties.
Required Findings: There are no required findings for an Ordinance Amendment or Zone
Change since it is considered a legislative action. However, OMC Section 17.10.020
requires that when the Planning Commission makes a recommendation to the City Council,
the Planning Commission include in its decision: 1) the reasons for the recommendation;
2)the relationship of the proposed amendment to the General Plan and applicable Specific
Plans; and 3) the environmental determination. These three items are addressed in the
Planning Commission Resolution. By adopting the Resolution, the Planning Commission
will have complied with this Code provision.
ANALYSIS/STATEMENT OF THE ISSUES
Issue 1: On-the-Ground Conditions
Residential Properties
Of the 14 parcels located on the subject residential block,two are developed as duplexes according
to City records. Additionally, all but two of the properties are developed with contributing historic
residences. Three of the properties also participate in the Mills Act Program. Maps depicting
historic status and Mills Act contracts are provided as Attachments 4 and 5, respectively.
The two properties developed with duplexes would become legal non-conforming with the change
in zoning to R-1.
Commercial Property
The commercial property involved in the proposed Zone Change is a contributing historic
residential structure converted to professional office use. The suggested change in zoning from
C-2 to O-P will not affect the legal status of the use of the property. The change in zoning would
bring the property into alignment with the type of low-intensity office activity that is most
compatible with the abutting residential development.
Thus,Zone Change No. 1288-18 establishes General Plan and Zoning consistency for the affected
properties. Additionally, the proposed re-zoning of properties in the area affected by the Zone
Change reflects long-standing on-the-ground conditions. There is not a development project
associated with this Zone Change.
Planning Commission Staff Report
June 4, 2018
Page 5
Issue 2: Public Comment
Staff held two property owner information sessions and mailed notices to both residential and
commercial property owners prior to sending out regular notification of the Planning Commission
public hearing, as described in the"Public Notice" section of this report.
The meetings were intended to allow City staff to present information on how a change in zoning
could affect a property and get property owner feedback on the proposal. No property owners
attended the meeting on April 25th. One property owner attended the meeting on May lOth who
supports the Zone Change. Staff also received phone calls from two additional property owners
expressing support for the Zone Change.
On May 7, 2018 staff mailed a letter directly to the property owner of the office at 503 S. Glassell
Street. The letter provided information on the intent of the proposed Zone Change and offered to
set up an individual meeting or phone call to receive any comments or answer questions. No
response was received at the time of the publication of this staff report.
ADVISORY BOARD RECOMMENDATION
The proposed Zone Change was not reviewed by either the Staff Review Committee or the Design
Review Committee due to the fact that it does not involve a specific development project, and
implements a land use designation that was discussed extensively by the Planning Commission
and City Council during General Plan development and adoption.
ATTACHMENTS/EXHIBITS
Attachments to Report:
1. Draft Planning Commission Resolution No. PC 19-18
1-A. Draft Ordinance
Exhibit A: Existing Zoning
Exhibit B: Proposed Zoning
2. Existing General Plan Map
3. Existing Zoning Map
4. On-the-Ground Conditions Map
5. Historic Status Map
N:\CDD�PLNG�,Applications�Zone Changes�ZC 1288-18 Nurivood Tract�PC�PC Staff Report_REV_dated 6.4.2018.docx
Planning Commission June 4, 2018 I
proposed to be rezoned from General Business(C-2)to Office Professional(O-P). The property
presently has a General Plan designation of Neighborhood Office Professional (NOP). The
zoning that is consistent with the NOP designation is Office Professional (OP). Both State
planning law and Program I-1 of the General Plan Implementation Plan require consistency
between General Plan and zoning designations.
LOCATION: NUTWOOD TRACT-503 S.GLASSELL&500 BLOCK OF S.ORANGE STREET
AND S. GRAND STREET BETWEEN E. LA VETA AVENUE AND E. RIVER
AVENUE
NOTE:
Final Program Environmental Impact Report(EIR)No. 1815-09 for the Comprehensive City of
Orange General Plan Update was certified on March 9, 2010 and prepared in accordance with
the California Environmental Quality Act(CEQA). The proposed activity is within the scope of
the previously approved General Plan and is adequately described in the previously certified
General Plan Program EIR for the purposes of CEQA.
RECOMMENDED ACTION:
Adopt Planning Commission Resolution No.PC 19-18 a Resolution of the Planning Commission
recommending the City Council approve Zone Change No. 1288-18 and adopt an ordinance
rezoning certain properties in the Nutwood Tract to single family residential (R-1-6) and office
professional (O-P) to establish consistency with the low density residential and neighborhood
office professional general plan land use designations in accordance with state law.
Kelly Ribuffo,Associate Planner provided an explanation of the proj ect consistent with the staff report and noted
that the proposal was brought forth at the request of the City Council in order to bring the Nutwood Tract zoning
into conformance with General Plan designations in order to implement the General Plan,and as required by State
law.
Gary Sheatz, Senior Assistant City Attorney stated that oftentimes inconsistencies in other areas of the city are
addressed when people come in with a development project. Before they can proceed,as part of the development
process,a zone change is necessary. This tract was identified by City Council and they directed staff to make it
consistent per State law.
Commissioner Gladson noted the distinctive character and features of the Nutwood Tract and asked staff to provide
a review of its history and significance within Old Towne.
Ms. Ribuffo provided a history of the tract that was developed in the early 20th century. She stated the historic
stone monuments that mark the entrances to the neighborhood are part of the neighborhood's character and ties it
to Hart Park.
Commissioner Willits asked whether the zone change affect the historic district boundary or Mills Act program.
In response,Kelly Ribuffo stated the zone change will not have a direct impact on the Mills Act Program,nor will
the zone change affect the historic designations or its boundaries.
Chair Glasgow opened the public hearing.
Dan Slater; Jeff Frankel, representative for the Old Towne Preservation Association; Tony Trabuco of the 400
block S. Orange; and Lorna Deshane of 205 and 215 E.River, all spoke in support of the zone change and would
like to see the remainder of the Nutwood tract rezoned to R-1.Mr. Slater also suggested that rezoning be pursued
3
Planning Commission June 4, 2018 I
in the Cypress Barrio neighborhood.
John Aust and Kitty Juniper Aust, 225 E. River, spoke in opposition of the change and feel they were targeted
because of the large size of their property. They feel that the zone change would cause a decrease in property
values. They also believe that properties with multiple units have not been captured in the records.
Bonnie Byrom, 552 S. Grand, also spoke in opposition of the zone change.Her property has multiple units and is
shown as having only one in City records, and she agreed that proper records on the homes were needed. She
wants to maintain her right to rent her home.
Chair Glasgow closed the public hearing.
Commissioner Willits asked for clarification about why the number of units on properties conflicts with the
information presented in the staff report. He expressed concern about impacting property owners. Ms. Ribuffo
clarified that when staff conducted their initial assessment of the tract, they looked at the number of units on the
property, square footage that was noted in the assessor records, addresses that are reflected in City records, and
past and recent building permits. Staff would be happy to receive information from anyone who has more details
on the properties because they are limited to their records.
Commissioner Willits asked if the units mentioned in the public comment are legal nonconfornvng.
Mr. Sheatz, stated to be legal nonconforming, the City would need to determine that the units were legal when
built;therefore, staff need to determine when it was built.
Commissioner Correa asked staff why they are not making the zone change to all of the properties in the Nutwood
tract.
Ms. Ribuffo stated the 13 properties that have been identified as part of the zone change are being addressed now
because only a zone change is required in order to bring consistency between the General Plan designation and the
zoning.This particular zone change was coming at the request of the Council to address what can be changed more
easily now,without having to go through an 8 to 12 month General Plan Amendment process.
Commissioner Gladson asked whether staff could identify the parcels that would become legal non-conforming,
and clarified that she did not intend for possible illegal units to be investigated.
In response to Commissioner Gladson's question,Ms.Ribuffo stated that based on City records available to staff,
those properties were illegal multi-family units and nobody is compelled to remove anything.
Ms. Pehoushek added that even if there are illegal units,staff will not actively go out and look for them.
Conunissioners Correa, Gladson, Willits and Glasgow stated they support the zone change and noted that they
wished the entire tract could be addressed at one time.
A motion was made to adopt Planning Commission Resolution No. PC 19-18 titled a Resolution of the
Planning Commission recommending the City Council approve Zone Change No. 1288-18 and adopt an
ordinance rezoning certain properties in the Nutwood Tract to single family residential (R-1-6) and office
professional (O-P) to establish consistency with the Low Density Residential and Neighborhood Office
Professional General Plan land use designations in accordance with state law.
MOTION: Commissioner Conea
SECOND: Cominissioner Gladson
AYES: Commissioners Glasgow,Gladson, Correa and Willits
NOES: None
ABSENT: Commissioner Simpson
4
Planning Commission June 4, 2018 I
ABSTAIN: None
MOTION CARRIED.
Recess taken 9:40 -9:50
3.2 General Plan Amendment No. 2017-001, Tentative Tract Map No. 0046-17,Major Site Plan
Review No. 0850-15, Conditional Use Permit No. 3064-17, Variance No. 2248-17, and
Design Review No.4870-15
The applicant is requesting a General Plan Amendment to change the subject property's existing
General Plan designation from Public Facilities and Institutions (PFn to Low Medium Density
Residential (LMDR, 6-15 du/acre)to allow a 24 unit multi-family residential development with
surface parking and residential amenities on a 1.7 acre site. The project includes adaptive reuse
and rehabilitation of the historic Killefer Elementary School. Six residential units will be located
in the historic school building.Eighteen units will be located in a new three-story building. The
application includes a Conditional Use Pernut to request additional building height(three stories)
in the R-3 zone and a Variance to request the elimination of covers/carports for required parking
spaces and private outdoor space for the six units in the historic school.
LOCATION: 541 N.LEMON
NOTE:
Mitigated Negative Declaration (MND) No. 1844-15 was prepared to evaluate the physical
environxnental impacts of the project, in conformance with the provisions of the California
Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15070 and in
conformance with the Local CEQA Guidelines. MND No. 1844-15 finds that the project will
have less than significant impacts to the environment, with the implementation of standard
conditions and mitigation measures.
RECOMMENDED ACTION:
1) Adopt Planning Commission Resolution No. 17-18 entitled:
A RESOLUTION OF THE PLANNING COMMISSION RECOMMENDING CITY
COUNCIL ADOPTION OF MITIGATED NEGATIVE DECLARATION NO. 1844-15
AND ASSOCIATED MITIGATION MONITORING AND REPORTING PROGRAM
FOR A NEW 24 UNIT MULTI-FAMILY RESIDENTIAL DEVELOPMENT
INVOLVING ADAPTIVE REUSE AND REHABILITATION OF A HISTORIC
SCHOOL AND CONSTRUCTION OF A NEW THREE-STORY BUILDING AT 541
NORTH LEMON STREET
AND
2) Adopt Planning Commission Resolution No. 18-18 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ORANGE
RECOMMENDING CITY COUNCIL APPROVAL OF GENERAL PLAN
AMENDMENT NO. 2017-001, TENTATIVE TRACT MAP NO. 0046-17, MAJOR SITE
PLAN REVIEW NO.0850-15,CONDITIONAL USE PERNIIT NO.3064-17,VARIANCE
NO. 2248-17, AND DESIGN REVIEW NO. 4870-15 FOR A NEW 24 UNIT MULTI-
FAMILY RESIDENTIAL DEVELOPMENT INVOLVING ADAPTIVE REUSE AND
REHABILITATION OF A HISTORIC SCHOOL AND CONSTRUCTION OF A NEW
THREE-STORY BUILDING AT 541 NORTH LEMON STREET
5
Kelly Ribuffo
From: Juniper, Kathleen A. <kjuniper@buchalter.com>
Sent: Monday,June 4, 2018 5:42 PM
To: Anna Pehoushek; Kelly Ribuffo; Bill Crouch; Rick Otto
Cc: 'John Aust (johnaust50@gmail.com)'
Subject: Letter in Opposition to Nutwood Track Change in Zoning
Attachments: Let Planning Comm 6.4.18.PDF
Follow Up Flag: Follow up
Flag Status: Completed
Hi to all,
Here is a copy of the letter we will bring to tonight's meeting for the Planning Commission's consideration.
Thanks for your outreach and information.
Cheers,
Kitty Juniper-Aust
225 E. River Ave.
Orange, CA 92866
Notice To Recipient: This e-mail is meant for only the intended recipient of the transmission, and may be a
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ATTACHMENT NO.4
COMMENT LETTER FROM
JOHN AND KITTY AUST DATED
JUNE 4,2018
1 OCTOBER 9,2018
CITY COUNCIL MTG CITY
John Aust
Kifty Juniper-Aust
225 E.River Avenue
Orange,CA 92866
June 4, 2018
City of Orange Planning Commission ,
City of Orange
Re: Zone Change No. 1288-18 Nutwood Track; S00 Block of S. Grand Street
Dear Commissioners:
We are the owners of the property located at 225 E. River Avenue. We agree that
preserving Orange's historic character is of upmost importance to the community. However, we
disagree with the proposed zoning change of the 50(�Block of S. Grand Street("Proposed
Zoning") from Duplex Residential (R-2-6)to Single Family Residential(R-1-6), for the
following reasons:
1. The zoning change would disproportionately affect our use of our property,unlike
the other owners within the Proposed Zoning,Area. Our home at 225 E. River Avenue is the
only double-lot parcel within the block,with a unique configuration, on which is located what is
� thought to be the oldest sycamore tree in Orange. The City of Orange has an easement for
maintenance of the tree.
The house on our property is configured so that the front of the house runs horizontally
across two lots in a manner that most likely will not allow for splitting the property into two
separate lots(we have not verified this). However,we currently have room at the back of the
property that allows us to establish a separate unit in accordance with the current historic design�
of the house. Our intent has been to build an 800-1000 square foot dwelling in which we may
live when we are retired. The Proposed Zoning would limit the number of square feet that we
could build to 640 square feet.
2. The Proposed Zoning is inconsistent with the properties surrounding our lot.
Within the Proposed Zoning,beside us to the east is a three-unit property with units over 800
square feet,and to our west is a two-unit property with a 600 square feet second unit. Directly
across the street from us outside of the Proposed Zoning to our south is a two unit properiy.l
1 These units most likely were established prior to the City permitting process and may
not show on the records. They will be additional non-conforming properties,however.
City of Orange Planning Commission
June 4,2018
Page 1 of 2 � �
The multiple units in the southwest corner on La Veta and Grand were carved out of the
Proposed Zoning because they have two units. We,who have waited to add dwelling space, will
� unfairly be precluded by the City from also adding a property allowable under the R-2
designation.
3. The Proposed Zoning is based on incomplete information. As discussed above, .
the information about the homes in the Proposed Zoning area,which is contained in the
Memorandum of August 23,2017 to City Manager Rick Otto,is incorrect. Sine of the properties
marked as single-family residences have additional units that are larger than ADUs and
therefore, they too will be non-conforming causing a diminution in value to those property
owners.
4. We feel that we have been targeted in that our property appears to be the only
property that the Proposed Zoning will affect with regard to adding a dwelling unit. It appears
that there is only one other home in the area that does not already have an additional unit that
might be able to fit the proposed parameters. The other property(#222)is configured in a
manner that would still allow the property owner to build a larger dwelling on the property while
maintaining the current home as an ADU.
5. The Proposed Zoning will result in a diminution of value of our property. One of �
the selling points of the property was and is the R-2 zoning designation and the double lot. The
City of Orange will be reducing our property value with the Proposed Zoning.
We respectfully urge the Planning Commission to take these and other factors into
account and vote to recommend against accepting the Proposed Zoning.
Since ely,
o u t Kitty niper-Aust .
CITY COUNCIL MINUTES OCTOBER 9, 2018
11 PUBLIC HEARINGS
11.1 Old Towne Historic District Boundary Adjustment Zone Change No. 1289-18.
(Z1500.0)
Time set for a public hearing to consider Zone Change No. 1289-18 to expand an existing
historic district overlay zone to add 12 properties on South Batavia Street to the local Old
Towne Historic District. With the overlay zone, the City of Orange Historic Resources
Inventory will be updated accordingly to reflect the status of these properties.
Historic Planner Marissa Moshier provided the staff report. She noted that the majority of
the property owners are in support of the boundary adjustment.
The Mayor opened the Public Hearing; there being no speakers, the Mayor closed the
Public Hearing.
Ordinance No. 12-18 (First Reading)
An Ordinance of the City Council of the City of Orange approving a Zone Change to
expand an existing historic district overlay zone to add 12 properties on South Batavia
Street to the local Old Towne Historic District and update the City of Orange Historic
Resources Inventory.
MOTION —Smith
SECOND —Alvarez
AYES —Alvarez, Whitaker, Smith, Murphy,Nichols
Moved to approve Ordinance No. 12-18 for First Reading and same was set for Seconding
Reading by the proceeding vote.
11.2 Nutwood Tract Zone Change No. 1288-18. (Continued from September 11, 2018)
(Z1500.0)
Time set for a public hearing to consider Zone Change No. 1288-18 to rezone select
properties in the Nutwood Tract to Single Family Residential (R-1-6) and Office
Professional (OP) to establish consistency with the Low Density Residential and
Neighborhood Office Professional General Plan land use designations in accordance with
state law. The subject Zone Change addresses certain properties presently developed with
single-family residences on the 500-block of S. Orange Street and S. Grand Street between
E. La Veta Avenue and E. River Avenue and a professional office at 503 S. Glassell Street.
Associate Planner Kelly Ribuffo presented the staff report and answered Council's
questions regarding the property at 225 E.River. If left out of the zone change,there would
be an inconsistency between the General Plan and zoning. Community Development
Assistant Director Anna Pehoushek explained that if the property was to be removed from
the proposed zone change, Council could make a General Plan Amendment in the future
in order to resolve the inconsistency. There are other approaches staff could also take to
make the General Plan and zoning consistent.
PAGE 11
CITY COUNCIL MINUTES OCTOBER 9, 2018 �
11 PUBLIC HEARINGS (Continued)
THE MAYOR OPENED THE PUBLIC HEARING.
Public Speakers:
Kitty Juniper Aust—spoke in opposition of the zone change.
John Aust—spoke in opposition of the zone change.
THE MAYOR CLOSED THE PUBLIC HEARING.
Council discussed removing the 225 E.River property from the proposed zone change.The
remaining properties to be included in the zone change are split up unevenly making it
difficult to achieve consistency between the General Plan and zoning. Councilmember
Whitaker discussed changing the General Plan rather than trying to piece together zone
changes. Mayor Smith explained that her motivation for bringing the item forward was to
protect the remaining single family homes in the Nutwood Tract neighborhood.
MOTION —Murphy.
SECOND —Smith
AYES —Alvarez, Whitaker, Smith, Murphy,Nichols
Moved to remove the property located at 225 E. River, Orange from the proposed zone
change and maintain its existing zoning.
MOTION —Murphy �
SECOND —Whitaker
AYES —Alvarez, Whitaker, Smith, Murphy,Nichols
Moved to continue Item 11.2 approving Zone Change No. 1288-18 to a date uncertain and
direct staff to further review what is actually existing on the ground and to bring back more
information on what is gained by a zone change in this particulax area in terms of protecting
the existing single family homes.
12. ADJOURNMENT — The Council adjourned at 8:27 p.m. in Memory of former Orange
Mayor Jim Beam.
The next Regular City Council Meeting will be held on Tuesday, November 13, 2018, at
6:00 p.m.in the Council Chamber,with Closed Session beginning at 5:00 p.m.if necessary.
.
�i � L��� C.��l/�t C� �,
M Y E. MURPHY . TERE A E. SMITH
CITY CLERK MAYOR
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