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RES-10162 Denying Zone Change 1232-05RESOLUTION NO. 10162 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE DENYING ZONE CHANGE NO. 1232-05, TENTATIVE TRACT MAP NO. 16878,MINOR SITE PLAN REVIEW NO. 377- 05, DESIGN REVIEW COMMITTEE NO. 4109-06, AND MITIGATED NEGATIVE DECLARATION NO. 1774-05.APPLICANT: SHAHRAM ( DAVID) A YENEHCHI WHEREAS, the City Council has the authority to approve Mitigated Negative Declaration No. 1774-05, Tentative Tract Map No. 16878, Design Review Committee No.4109-06, Zone Change No. 1232-05, and Minor Site Plan Review No. 377-05, to review the proposed subdivision of a 3.882 acre parcel into five residential lots, and the development of five detached, one-story (with mezzanine), single-family residences; and WHEREAS, Mitigated Negative Declaration No. 1774-05, Tentative Tract Map No.16878, Design Review Committee No. 4109-06, Zone Change No. 1232-05, and Minor Site Plan Review No. 377- 05, were filed and prepared in accordance with the provisions of the City of Orange Municipal Code; and WHEREAS, Mitigated Negative Declaration No. 1774-05, Tentative Tract Map No.16878, Design Review Committee No. 4109-06, Zone Change No. 1232-05, and Minor Site Plan Review No. 377-05, were processed in the time and manner prescribed by state and local law; and WHEREAS, the City Council conducted two duly advertised public hearings on January 23, 2007 and April 10, 2007, 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 Mitigated Negative Declaration No. 1774-05, Tentative Tract Map No. 16878, Design Review Committee No. 4109-06, Zone Change No. 1232-05, and Minor Site Plan Review No. 377-05,upon property described as follows:SEE ATTACHED LEGAL DESCRIPTION, EXHIBIT A NOW, THEREFORE, BE IT RESOLVED that the City Council hereby denies Mitigated Negative Declaration No. 1774- 05, Tentative Tract Map No. 16878, Minor Site Plan Review No. 377-05, Zone Change No. 1232- 05, and Design Review Committee No. 4109-06,which would have allowed the subdivision of A. The Applicant Failed to Produce Sufficient Evidence That the Proiect Could be Built Safely Next to an Adioining High Pressured Pipeline The project site is a former Southern Pacific Railroad right of way and was operated as an active rail line until the 1970s when the tracks were removed. Today there are two buried pipelines (an active 16" high pressure pipeline, which carries petroleum products and alternatively, aviation fuel and an idle 10" pipeline, although evidence was presented that the 10" pipeline could be placed back into use). The pipelines are operated by Kinder Morgan KM), which has a 30-foot wide easement through property site.There was both testimony and documentary evidence presented that KM has a poor record of maintaining its pipelines and evidence of fairly recent accidental explosions involving KM owned pipelines was presented by public speakers. In addition, the Applicant stated that it had dug three of 17 potholes that would determine the exact location of the pipeline and that in two of three cases, it was discovered that the KM pipeline was damaged.According to a memorandum for RAHA architects, a KM representative stopped the pot holing work upon discovery of surface damage to both pipes. Further excavation and exploration indicated that the damage was pre-existing and had been created during previous backfilling work. So, the KM Rep. shut down the active pipe and called in a backhoe excavation crew to dig a larger hole and repaired the damaged area.Government Code Section 51014.6 in general prohibits the building, erection or creation of a fence, wall, structure or improvement within the pipeline easement and further prohibits any shrubbery or shielding [to be] installed on the pipeline easement which would impair aerial observation of the pipeline easement. A letter from the California State Fire Marshall dated June 20, 2003, stated: "It is the position of the State Fire Marshal that nothing shall encroach into or upon the pipeline easement, which would impede the pipeline operator from complete and unobstructed surface access along the pipeline right of way. Nor shall there be any obstructions, which would shield the pipeline right of way from observation. In the interest of public safety and the protection of the environment, it is imperative that the pipeline operator visually assesses the conditions along the easement to ensure the integrity of the pipeline."The Applicant represented that the KM pipeline would be entirely under a paved service, but when questioned by the City Council, the Applicant admitted that it did not know exactly where the pipeline was, other than the probability it was within the 30-foot wide easement. Depending on the determination of the exact location of the pipeline it was unclear whether or not the pipeline would be under paved street, running in the front yards of proposed homes or exactly where it would be located. There was a concern that future owners might build structures or plant materials that would be inconsistent with state law and the safety of the pipeline.The Applicant failed to submit significant evidence that the project as proposed would be compatible with the safety of the pipeline or to discount or distinguish the evidence submitted concerning KM's poor record for maintenance and pipeline accidents and if anything, the Applicant's own potholing supported the evidence of KM' s record. It may be appropriate to determine the exact location of both pipelines before any future project is brought before the City Council and to show exactly what improvements will be made directly over the pipelines. B. The Applicant's Project was Inconsistent with the Adjoining Neighborhood. Backing up to the proposed project to the west are Eichler Homes which were constructed between 1959 and 1962. The Eichler homes are notable for their modern design at the time) consisting of low profile, flat roofed residences, built around a central courtyard. The residences are approximately 1,700 to 2,000 square feet in area and 11-12 feet in height.The Eichler tract represents a unique architectural style in Orange, and the City has received notice that an application to the State Office of Historic Preservation has been filed to nominate this tract of Eichler homes for listing as a National Registered Historic District. This would result in the Eichler homes becoming protected and preclude alterations that would degrade the historic significance of the homes.The proposed homes would be 22'8" in height with a mezzanine and deck on top of the first story facing the back yards of the Eichler homes. The shadow of the proposed homes would be more similar to that of a two-story rather than a one-story. Because of the architectural and historical significance of the Eichler tract, it may be appropriate to have a single-story overlay for the project site.C. The Project has the Future Potential to have No On-Street Guest Parking, Creating Parking Impacts for the Adjoining Neighborhood and an Obstacle to the Ultimate Improvement ofa Bike Trail Through the Property.While initially the project would have on-street guest parking on the eastern portion of the site, in the event the City decides to construct a paved bike trail at this location this parking would cease to exist. The bike trail is on the City's master plan and is proposed for some future date, which would eliminate the guest on-street parking. Removal of this parking will in all likelihood cause future residents of this Project, as well as adjoining neighborhoods, to protest, thus creating an obstacle to the future bike trail. Evidence of this is the numerous concerns by the adjoining neighborhoods that guest parking for these homes will spill into their neighborhoods. The area already is impacted with parking to some degree because of the existence of La Veta Park that has only adjacent on- street parking. The staff report of April 10,2007, states "Staff and applicant see no solution or location upon the subject property where additional parking space could be located." The proposal to include in the CCR's language that prohibits the use of garage space for storage does not address this problem. Garages are often used for storage use and experience has been that future residents will use their garages for storage use. This condition simply creates a future enforcement problem for the City.D. Conclusion.The Applicant's proposal from an architectural standpoint was excellent. The Applicant made some modifications to the Project in response to comments by the City Council. However, the Applicant left too many questions unanswered concerning the exact location of the pipelines, the safety of building the the construction vis-a-vis the pipelines, the consistency with the neighboring Eichler tract and the parking. There was not sufficient evidence to support this project or the R-I-7 zoning,although a residential use appears at least on the surface to be the most appropriate use provided the concerns expressed by the public and the City Council are answered.ADOPTED this 8th day of May, 2007 ATTEST:La~~{~Mary E~~ y, Cit~ 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 8th day of May, 2007, by the following vote: AYES:NOES:ABSENT:ABSTAIN: COUNCILMEMBERS: Smith, Cavecche, Dumitru COUNCILMEMBERS: Murphy COUNCILMEMBERS: None COUNCILMEMBERS: Bilodeau Z{%Mary. ) lY,