RES-11004 Construction Approval For Single Family ResidenceRESOLUTION NO. 11004
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE APPROVING MINOR SITE
PLAN REVIEW NO. 0854 -16 AND DESIGN REVIEW
NO. 4853 -16 FOR THE CONSTRUCTION OF A ONE -
STORY SINGLE FAMILY RESIDENCE WITH AN
ATTACHED ACCESSORY SECOND DWELLING
UNIT AND A DETACHED GARAGE LOCATED AT
140 N. HEWES STREET.
APPLICANT: NICK L. ALVINO
WHEREAS, City Council authority to approve Minor Site Plan Review No. 0854 -16,
and Design Review No. 4853 -16 is derived from Orange Municipal Code Sections 17.08.020 and
17.10.020 because Zone Change No. 1280 -16 is an essential related component of the project;
and
WHEREAS, the related Zone Change No. 1280 -16 was filed concurrently with Minor
Site Plan Review No. 0854 -16, and Design Review No. 4853 -16 and considered by the City
Council separately in Ordinance 03 -17; and
WHEREAS, Minor Site Plan Review No. 0854 -16, and Design Review No. 4853 -16 was
filed by Nick L. Alvin for a single family residence with an attached accessory second dwelling
unit and a detached garage to be built on the vacant site on property located at 140 N. Hewes
Street in accordance with the provisions of the City of Orange Municipal Code; and
WHEREAS, Minor Site Plan Review No. 0854 -16, and Design Review No. 4853 -16
were processed in the time and manner prescribed by state and local law; and
WHEREAS, Minor Site Plan Review No. 0854 -16, and Design Review No. 4853 -16 for
the proposed single family residence with an attached accessory second dwelling unit and a
detached garage use component of the project is categorically exempt from the provisions of the
California Environmental Quality Act (CEQA) per State CEQA Guidelines 15303 (Class 3 —
New Construction of Conversion of Small Structures). Class 3 exempts projects involving
construction of new facilities or structures including construction of up to three single family
homes. Furthermore, the project has been analyzed and determined that it would not result in
significant environmental effects or otherwise trigger any of the exceptions to categorical
exemptions listed in CEQA Guidelines Section 15300.2. No public review is required; and
WHEREAS, City staff from interested and essential departments reviewed the project on
October 26, 2016, deemed the application complete, and recommended that the project proceed
to the Planning Commission; and
WHEREAS, the Design Review Committee reviewed the proposal on December 21,
2016, and recommended approval to the Planning Commission with conditions, and these
conditions have been incorporated into this resolution; and
WHEREAS, the Planning Commission conducted one duly advertised public hearing on
February 22, 2017, at which time interested persons had an opportunity to testify either in
support of, or opposition to, the proposal and for the purpose of considering Minor Site Plan
Review No. 0854 -16, and Design Review No. 4853 -16 upon property described in Exhibit A as
attached hereto; and
WHEREAS, at its February 22, 2017, meeting the Planning Commission unanimously
approved Planning Commission Resolution No. PC 07 -17 recommending that that the City
Council approve Minor Site Plan Review No. 0854 -16, and Design Review No. 4853 -16 for a
single family residence with an attached accessory second dwelling unit and a detached garage to
be built on the vacant site on property located at 140 N. Hewes Street; and
WHEREAS, the City Council of the City of Orange conducted a duly advertised public
hearing on May 9, 2017 for the purpose of considering Minor Site Plan Review No. 0854 -16,
and Design Review No. 4853 -16.
NOW, THEREFORE,' BE IT RESOLVED that the City Council of the City of Orange
hereby approves Minor Site Plan Review No. 0854 -16, and Design Review No. 4853 -16 for a
single family residence with an attached accessory second dwelling unit and a detached garage to
be built on the vacant site on property located at 140 N. Hewes Street, based on the following
findings:
General Plan Required Findings:
1. The project must be consistent with the goals and policies stated within the City's General
Plan.
The project is compliant with the General Plan Land Use Element in that:
The project has solicited public involvement in the land use planning decision through
advertised public hearings before the Planning Commission and, subsequently to the
City Council.
The Project is compliant with the General Plan Natural Resources Element in that:
The front yard landscaping proposed minimizes the amount of water used for
landscaping through the use of drought - tolerant plants, proper soil preparation, and
efficient irrigation systems.
The project is compliant with the General Plan Economic Development Element in that:
The project contributes to the City goal to have a diversified base of land uses.
Resolution No. 11004 2
Minor Site Plan Review Required Findings:
1. That the project design is compatible with surrounding development and neighborhoods;
The General Plan consistency finding demonstrates that the project design is compatible
with surrounding development and neighborhoods. The design of the project is modest and
well - conceived, and is compatible with the surrounding eclectic architecture of the
neighborhood.
2. That the project conforms to City development standards and any applicable special design
guidelines or specific plan requirements;
With approval of the Zone Change and Minor Site Plan, the project complies with City
development standards as evidenced in the Development Standards table of the staff report.
There are no special design guidelines or specific plan applicable to the site.
3. That the project provides for safe and adequate vehicular and pedestrian circulation, both
on- and off -site;
The site has adequate entry off of Pearl Street, access off the alley to the west, and adequate
on site circulation to support the residential use.
4. That City services are available and adequate to serve the project;
The site only requires water and minor electrical service. Both services are able to connect
to the property from Palmyra Avenue.
5. That the project has been designed to fully mitigate or substantially minimize adverse
environmental effects.
Project design features combined with project conditions are expected to ensure that low -
intensity use of the site occurs in a manner that is not disruptive to the neighborhood. No
adverse environmental effects have been identified for the project because the single family
residence and attached accessory dwelling unit with a detached garage are exempt from
environmental review based on Section 15303 of the State CEQA Guidelines.
Design Review:
1. In the Old Towne Historic District, the proposed work conforms to the prescriptive standards
and design criteria referenced and /or recommended by the DRC or other reviewing body for
the project (OMC 17.10.070. G. 1).
The project is not located in the Old Towne Historic District; therefore, this Finding does
not apply to the project.
2. In any National Register Historic District, the proposed work complies with the Secretary
of the Interior's standards and guidelines (OMC 17.10.07. G. 2).
The project is not located in the National Register Historic District; therefore, this Finding
does not apply to the project.
Resolution No. 11004
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.
This finding is fulfilled as determined by the Design Review Committee when, on
December 21, 2016, the Committee reviewed the project and recommended approval of the
project subject to conditions of approval. The existing community is characterized by
simple architectural styles, ages of buildings, and various types and sizes of residential
development. The project would be designed in an architectural style that would
incorporate specific architectural features, details and materials that complement the
community aesthetics while creating an internally balanced design. There is no specific
plan for the site.
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 (OMC 17.10.07. G. 4).
The project is designed in a contemporary architectural style that would incorporate
specific architectural features, details and materials that complement the existing
neighborhood character.
SECTION 2 — ENVIRONMENTAL REVIEW
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 single family
homes. Furthermore, it has been analyzed and determined that 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.
SECTION 3 — CONDITIONS OF APPROVAL
BE IT FURTHER RESOLVED that the following conditions are to be imposed with
approval:
General
The project shall conform in substance and be maintained in general conformance
with plans and exhibits date labeled May 9, 2017 including any modifications required by
conditions of approval, and as recommended for approval by the Planning Commission.
Any future expansion in area or in the nature and operation of the use approved by Minor
Site Plan Review No. 0854 -16 and Design Review No. 4852 -16, shall require an
application for a new or amended Site Plan Review.
Resolution No. 11004 4
2. Except as otherwise provided herein, this project is approved as a precise plan. After
any application has been approved, if changes are proposed regarding the location or
alteration of any use or structure, a changed plan may be submitted to the Community
Development Director for approval. If the Community Development Director determines
that the proposed change complies with the provisions and the spirit and intent of the
approval action, and that the action would have been the same for the changed plan as for
the approved plan, the Community Development Director may approve the changed plan
without requiring a new public hearing.
3. The applicant agrees to indemnify, hold harmless, and defend the City, its officers,
agents and employees from any and all liability or claims that may be brought against the
City arising out of its approval of this permits, save and except that caused by the City's
active negligence. The City shall promptly notify the applicant of any such claim, action,
or proceedings and shall cooperate fully in the defense.
4. The applicant shall comply with all federal, state, and local laws, including all City
regulations. Violation of any of those laws in connection with the use will be cause for
revocation of this permit.
5. Subsequent modifications to the approved architecture and color scheme shall be
submitted for review and approval to the Community Development Director or designee.
Should the modifications be considered substantial, the modifications shall be reviewed
and approved by the Design Review Committee.
6. Any modifications to the plans including, but not limited to, the landscaping as a
result of other Department requirements such as Building Codes, water quality, Fire, or
Police shall be submitted for review and approval to the Community Development
Director or designee. Should the modifications be considered substantial, the
modifications shall be reviewed and approved by the Planning Commission.
7. Prior to Certificate of Occupancy, all landscaping located within public areas shall
include the installation of root barriers acceptable to the Public Works Department on the
sidewalk side of the tree, or where conditions warrant, the installation of a Deep Root box
as directed by the Public Works Director.
8. The final landscape plan shall include a note that a fully automated irrigation system
will be provided.
9. Prior to building permit issuance, City required irrigation and landscape inspection
notes shall be placed on the final landscape plan, to the satisfaction of the Community
Services Director.
10. Prior to building permit issuance, final landscaping plans for the project shall be
designed to comply with the City's Water Efficient Landscape Guidelines as described in
Section IX et al of the City of Orange Landscape Standards and Specifications.
Resolution No. 11004 5
11. Prior to issuance of Certificate of Occupancy, the applicant shall schedule a light
reading inspection with the Crime Prevention Bureau. The lighting shall be tested and
confirmed to determine if the lighting meets or exceeds the exterior boundary standards.
The applicant shall use shielding so as to ensure that the light standards meet the
requirements of OMC Section 17.12.030 for the areas beyond the property's exterior
boundaries; light spillage or pollution to surrounding residential areas shall not exceed a
maintained minimum of 0.5 foot - candle.
12. Prior to building permit issuance, the applicant shall demonstrate to the satisfaction
of the Community Development Director that new mechanical equipment screening shall
be installed that architecturally matches the building.
13. Any graffiti on -site, and including adjacent property line walls, shall be removed
within 72 hours from the time the City of Orange Notice of Violation is received by the
applicant /property owner.
14. Prior to approval of a grading or building permit, the applicant shall submit a
Nonpriority Project WQMP for review and approval to the Public Works Department that:
Describes the project site
Describes the potential project pollutants
Incorporates the applicable Routine Source and Structural Control BMPs as defined in
the Drainage Area Management Plan (DAMP)
Generally describes the long -term operation and maintenance requirements for
structural Control BMPs,
Identifies the entity that will be responsible for long -term operation, maintenance,
repair and or replacement of the BMPS
A copy of the forms to be used in conducting maintenance and inspection activities
Record keeping requirements (forms to be kept for 5 years).
15. Prior to the issuance of certificates for use of occupancy, the applicant shall
demonstrate the following to the Public Works Department:
That all structural and treatment control best management practices (BMPs) described
in the Project WQMP have been constructed and installed in conformance with the
approved plans and specifications,
That the applicant is prepared to implement all non - structural BMPs described in the
Project WQMP,
That an adequate number of copies of the project's approved final Project WQMP are
available for the future occupiers.
Resolution No. 11004 6
16. Prior to the issuance of certificates for use of occupancy or final signoff by the
Public Works Department, the applicant shall demonstrate to the satisfaction of Public
Works, that the preparer of the WQMP has reviewed the BMP maintenance requirements
in Section V of the WQMP with the responsible person and that a copy of the WQMP has
been provided to that person. A certification letter from the WQMP preparer may be used
to satisfy this condition.
17. The project applicant shall maintain all structural, treatment and low impact
development BMPs at the frequency specified in the approved WQMP. Upon transfer of
ownership or management responsibilities for the project site, the applicant shall notify the
City of Orange Public Works Department of the new person(s) or entity responsible for
maintenance of the BMPs.
18. Prior to the issuance of a building permit, the applicant shall submit a water
improvement plan to the Water Division for proposed water mains, fire hydrants, domestic
water services, fire suppression services, landscape services, and or any other proposed
improvements or relocations affecting the public water system appurtenances for review
and approval. The improvement plan is required to be submitted directly to the Water
Division located at 189 S. Water Street for review and approval. The applicant shall be
responsible for the costs associated with the proposed improvements.
19. Prior to issuance of building permits, the applicant shall pay all applicable
development fees, including but not limited to: City sewer connection, Orange County
Sanitation District Connection Fee, Transportation System Improvement Program, Fire
Facility, Police Facility, Park Acquisition, Library, Sanitation District, School District,
and Eastern Foothill Transportation Corridor, as required.
Minor Site Plan Review No. 0854 -16 and Design Review No. 4852 -16 shall become void
if not vested within two years from the date of approval. Time extensions may be granted for up
to one year, pursuant to OMC Section 17.08.060.
Resolution No. 11004 7
ADOPTED this 9th day of May 2017.
c y , —
Teresa t Smith, Mayor, City of Orange
ATTEST:
Mary E. M ity Clerk, y range
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF ORANGE
I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby certify
that the foregoing Resolution was duly and regularly adopted by the City Council of the City of
Orange at a regular meeting thereof held on the 9th day of May 2017, by the following vote:
AYES: COUNCILMEMBERS: Alvarez, Whitaker, Smith, Murphy, Nichols
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: None
COUNCILMEMBERS: None
COUNCILMEMBERS: None
Mary E. Mu ity Clerk, City range
Resolution No. 11004
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A 'ATTACHMENT NO. 3
VICINITY MAPSZONECHANGE128 -16; MSP 0854 -16
140 N. HEWES ST
MAY 9, 2017 CC MTG
CITY OF ORANGE
COMMUNITY DEVELOPMENT DEPARTMENT