RES-10015 Conditional Use Permit Approval 260 S. Shaffer St.RESOLUTION NO. 10015
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A RESOLUTION OF CITY COUNCIL OF THE CITY
OF ORANGE APPROVING CONDITIONAL USE
PERMIT NO. 2517-04, MINOR SITE PLAN REVIEW
NO. 360-04, NEGATIVE DECLARATION NO. 1738-
04, AND DESIGN REVIEW COMMITTEE NO. 3943-
04, TO ALLOW THE CONSTRUCTION OF A NEW
TWO-STORY ADDITION UPON PROPERTY
LOCATED AT 260 S. SHAFFER STREET WITHIN
THE OLD TOWNE ORANGE HISTORIC DISTRICT
APPLICANT: SCOTT AND DENISE BOLT
WHEREAS, Conditional Use Permit 2517-04, Minor Site Plan Review No. 360-04,
and Design Review Committee No. 3943-04 were filed by the applicant in accordance with the
provisions of the City of Orange Municipal Code; and
WHEREAS, Conditional Use Permit 2517-04, Minor Site Plan Review No. 360-04,
and Design Review Committee No. 3943-04 were processed in the time and manner prescribed
by state and local law; and
WHEREAS, on September 8, 2004, the Staff Review Committee (SRC) concurred
with Staffs findings that the project would not result in a significant and/or cumulative effect,
and that the project complied with the City's Local CEQA (California Environmental Quality
Act) Guidelines Section IV, C, 2 (d), for historic additions and new in-fill construction as
adopted by Ordinance on December 14, 1999, per Public Resources Code Section 21082.
Having reviewed the proposal and existing site conditions, they recommended approval of the
project to the Planning Commission subject to the conditions of approval; and
WHEREAS, on October 20, 2004, the Design Review Committee reviewed project
plans dated August 17, 2004, and recommended approval of the project to the Planning
Commission subject to the revisions and conditions stipulated in the Design Review Committee
Minutes of October 20,2004; and
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WHEREAS, the Planning Commission has considered the information contained in
Negative Declaration No. 1738-04, including any comments received during the public review
period, and has found that the proj ect will not cause significant adverse impacts upon the
environment or wildlife; and
WHEREAS, the Planning Commission conducted a duly advertised public hearing on
February 7, 2005, 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 Conditional Use
Permit 2517-04, Minor Site Plan Review No. 360-04, and Design Review Committee No.
3943-04 upon property (located at 260 South Shaffer Street) described as follows:
LOT 82 AND THE NORTH HALF OF LOT 81 OF THE C. Z.
CULVER HOME TRACT, IN THE CITY OF ORANGE,
COUNTY OF ORANGE, STATE OF CALlFORNlA, AS PER
MAP RECORDED IN BOOK 15, PAGE 23 OF
MISCELLANEOUS RECORDS IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY.
WHEREAS, the Planning Commission approved Conditional Use Permit 2517-04,
Minor Site Plan Review No. 360-04, and Design Review Committee No. 3943-04, subject to
conditions; and
WHEREAS, the decision of the Planning Commission was appealed to the City
Council by Councilmember Teresa Smith in a time and manner prescribed by Orange
Municipal Code Section 17.08.050.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange
that Negative Declaration No. 1738-04, Conditional Use Permit 2517-04, Minor Site Plan
Review No. 360-04, and Design Review Committee No. 3943-04 are hereby approved to allow
the construction of a second-story addition at 260 S. Shaffer Street based on the following
findings:
SECTION 1 - FINDINGS
Conditional Use Permit
1. The Conditional Use Permit is granted upon sound principles of land use and in
response to services required by the community.
The project is based on sound principles ofland use in that two-story development is
permitted with a Conditional Use Permit within the Old Towne Orange Historic
District. The proposal complies with the Old Towne Design Standards, Secretary of
the Interior's Standards for Rehabilitation and the City's Local CEQA Guidelines
for new additions and in-fill construction within the City's Historic District. The
height of the proposed second-story addition is consistent with the mixed one and
two-story context of the surrounding neighborhood. The comer location is typical
for a "bookend" or two-story development. The proposed project will not add
cumulative and/or incremental impacts to existing or surrounding historic resources
or to the district as a whole.
2. The granting of this Conditional Use Permit will not cause deterioration of
bordering land uses or create special problems to the area in which it is located.
The site development and Old Towne Design Standards imposed by the City are
intended to create a project that is compatible with surrounding land uses. The
existing single-story residence is set back from the street 26'-7", the proposed
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second-floor addition ranges in setback from three (3') to five (5') which reduces the
scale of the building as seen from public view. The neighborhood Floor Area Ratio
FAR) ranges from .15 to .70 FAR, with an average FAR of .35. The subject
property's lot area is 9,917 sq. ft., with an existing FAR of .30. The proposed Al
Floor Area Ratio fits the established context of the 200 and 300 Block of South
Shaffer.
The project will not add cumulative and/or incremental impacts to eXIStmg or
surrounding historic resources or to the district as a whole. The matching design of
the second-story addition is complementary in architecture to the principle historic
structure's Prairie Style. Two-story construction within the Old Towne Historic
District requires a Conditional Use Permit to ensure that the new development is
compatible with its surroundings.
3. The Conditional Use Permit has been considered in relationship to its effect on the
community and neighborhood plans for the area.
Four of the residences in the vicinity are two-story and four are one-story in height.
The project is consistent with the scale and context of the mix of one and two-story
residences surrounding the project site. The new addition has been evaluated in
terms of its setting, height, mass, setbacks, matching construction materials,
architectural style and detail to ensure compatibility with the existing historic
buildings and the surrounding historic context as seen from public view.
4. The Conditional Use Permit has been made subject to those conditions necessary to
preserve the general welfare, not the individual welfare of any particular applicant.
With implementation of the development standards and conditions of approval, the
proposed project will complement surrounding land uses and add to the overall
character of the general area.
Required Findinl!s for approvinl! an application for a Minor Site Plan Review
OMC Section 17.10.060 (H) requires the following findings be made in conjunction
with project approval:
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I. That project design IS compatible with surrounding development and
neighborhoods.
2. That the project conforms to City development standards and any applicable special
design guidelines or specific plan requirements.
3. That the project provides for safe and adequate vehicular and pedestrian circulation,
both on- and off-site.
4. That City services are available and adequate to serve the project.
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5. That the proj ect has been designed to fully mitigate or substantially minimize
adverse enviromnental effects.
SECTION 2 - ENVIRONMENTAL REVIEW
An Initial Study for the project was prepared in conjunction with Conditional Use
Permit No. 2517-04, Minor Site Plan Review No. 360-04, and Design Review Committee No.
3943-04. In compliance with the California Enviromnental Quality Act (CEQA) Negative
Declaration No. 1738-04 contains an adequate assessment of the potential enviromnental
impacts of the project.
After examining the attached Initial Study and Negative Declaration No. 1738-04, the
City Council finds the project could not have a significant effect on the enviromnent and
therefore adopts Negative Declaration No. 1738-04.
SECTION 3 - CONDITIONS OF APPROVAL
BE IT FURTHER RESOLVED that the following conditions for Conditional Use
Permit No. 2517-04, Minor Site Plan Review No. 360-04, and Design Review Committee No.
3943-04 are imposed with approval:
General
I. Within two (2) days of final approval of this project, the applicant shall deliver to
the Planning Division a cashiers check payable to the Orange County Clerk in an
amount required to fulfill the fee requirements of Fish and Game Code Section
711.4(d)(2) and the County administrative fee, to enable the City to file the Notice
of Determination required under Public Resources Code 21152, 14 Cal. Code
Regulations 15075. If it is determined that there will be no impact upon wildlife
resources, the fee shall be $43.00.
2. Examine those areas where shear "strong walls" can be installed with the least
impact to the building's existing stucco finish.
3. Masonry fireplace/firebox be retained unless it is structurally unsound.
4. Provide photo documentation of the existing structure prior to any work
commencing (Contact the Current Planning Division for submittal requirements).
5. All site development and construction shall conform in substance and be maintained
in general conformance with the revised site plan, floor and elevation plans labeled
Exhibit A, dated April 13, 2005 (labeled drawing 189A7) and approved by the City
Council herein.
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6. 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 permit, save and except that
caused by the City's active negligence.
I 7. 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.
8. These conditions shall be reprinted on the cover sheet or first page of construction
documents prior to the issuance of building permits.
9. All buildings must comply with the City of Orange Building Security requirements
OMC Chapter 15.52 reference #7-79.
Code Provisions
The following Code proVISIOns are applicable to this project and are included for
information only. This is not a complete list, and other Code provisions may apply to the
project:
Building permits shall be obtained for all construction work, as required by the City
of Orange, Community Development Department's Building Division. Failure to
obtain the required building permits will be cause for revocation ofthis permit.
Prior to issuance of building permits, the applicant shall pay all applicable
development fees, including but not limited to: Orange County Sanitation District
Fee, City Sewer Connection Fee, Transportation System hnprovement Program Fee,
Police Facility Fee, Fire Facility Fee, Park Dedication and In Lieu (Quimby) Fee,
Park and Recreational Facilities Development hnpact Fee, Library Facilities
Development hnpact Fee, and School Development Fee (Collected by the Orange
Unified School District), as required.
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If not utilized, Conditional Use Permit No. 2517-04, Minor Site Plan Review No.
360-04, and Design Review Committee No. 3943-04 will expire two (2) years from
the approval date. An extension of time may be permitted upon a written request, if
received before the expiration deadline.
ADOPTED this 13th day of September, 2005.
ty of Orange
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ATTEST:
range
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 13th day of September, 2005, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Smith, Ambriz, Murphy, Cavecche, Dumitru
COUNCILMEMBERS: None
COUNCILMEMBERS: None
COUNCILMEMBERS: None
ty Clerk, CitMaryE. M
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