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RES-9862 Mitigated Negative Declaration Approval Relocation of Historic Edwards HouseRESOLUTION NO. 9862 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE APPROVING MITIGATED NEGATIVE DECLARATION NO. 1727- 04,CONDITIONAL USE PERMIT NO. 2496- 04, VARIANCE NO. 2136-04 AND MINOR SITE PLAN REVIEW NO.328-04 TO ALLOW THE RELOCATION OF THE HISTORIC EDWARDS HOUSE TO PROPERTY LOCATED AT THE SOUTHEAST CORNER OF ALMOND AVENUE AND LEMON STREET.APPLICANT: JOE AND LINDA DAY WHEREAS, Conditional Use Permit 1'10.2496-04, Variance 1'10.2136-04 and Minor Site Plan Review No. 328-04 were filed by Joe and Linda Day in accordance with the provisions of the City of Orange MunicipalCode; and WHEREAS, ConditionalUse Permit 1'10. 2496-04, Variance 1'10.2136-04 and Minor Site Plan Review No. 328-04 were processed in the time and manner prescribed by state and local law; and WHEREAS, the City Council has considered the information contained in Mitigated Negative Declaration No. 1727-04, including any comments received during the public review period, and has found that with the adoption of mitigation measures andl conditions of approval to address potential impacts that were identified, the project will not cause significant adverse impacts upon the environment or wildlife; and WHEREAS, the City Council conducted one duly advertised public hearing on May 11, 2004, for the purpose of considering Conditional Use Permit No. 2496 -04, Variance No.2136-04 and Minor Site Plan Review No. 328- 04, and Mitigated Ne:gative Declaration No.1727-04, upon property described as follows:The west 60 feet of Lots 18, 19 and 20 in Block B of Beach's Addition to Orange, in the City of Orange, as shown on map recorded on Book 6,Page 387 of Miscellaneous Maps, in the Office of the County Recorder of said County.NOW, THEREFORE, BE IT RESOLVED by the City Cow1C:il of the City of Orange that Mitigated Negative Declaration No. 1727-04, Conditional Use Permit No. 2496-04, Variance No. 2136-04 and Minor Site Plan Review No. 328-04, to allow the relocation of the historic Edwards House SECTION 1 - FINDINGS 1. The proposed project fulfills several Land Use Goals established in the City's General Plan including: using both public & private reserve:s to upgrade infrastructure and structures in Old Towne while maintaining the historic character of the district, working to reduce land use conflicts between residential and non-residential uses, and sponsoring programs which heighten community awareness for preservation of significant residential structures. 2. The proposed zone change will eliminate the split zoning on the property, reduce existing zoning conflicts between residential and commercial land uses and foster new in-fill development that is compatible with the surrounding neighborhood.3. The existing site conditions are developed in a manner consistent with the City' s General Plan and Zoning Ordinance for development in the R- 4 Multi- Family Residential District.4. The Conditional Use Permit is granted upon sound principles of land use and in response to services required by the community and subject to those conditions necessary to preserve the general welfare, not the individual welfare of any particular applicant.5. The action has been considered in relationship to its effect on the community and neighborhood plans for the area in which the site is located and it will not cause deterioration of bordering land use or create special problems to the area in which it is located.6. The new location of the Edwards House has been evaluated in terms of the age of the surrounding buildings, height, construction materials, mass, setback and architectural detail to ensure compatibility with the site and the surrounding neighborhood.7. Two-story construction (including relocation of two-story buildings) within the Old Towne Historic District requires a Conditional Use Permit. The Edwards House is compatible its new location and does not present a bulk and mass issue because the second-story area of 448 square feet is only 30% of the first floor area of 1,464 square feet.8. The property appears as two separate developments: the Edwards House facing Almond and the existing development facing Lemon Stree:t. The existing historic structures on the site include two studio apartments and one one-bedroom unit above the two- car garage. The existing parking arrangement ofthe two tandem spaces in front of the two-car garage has been 9. The strict application of the zoning ordinance deprives the subject property of privileges enjoyed by other Old Towne properties that have one-car garages, and use tandem parking to accommodate off-street parking properties under the identical zone classification.10. Considering existing site restraints (existing trees, sufficient recreational area and yard space), stafffeIt that the placement of the one-car garage and driveway along the east property line would have less of an impact to the site. The construction of a one4:ar detached garage would additionally reflect the historical pattern and context for the relocated Edwards House. The proposed development will provide five of the seven required parking spaces.11. The variance granted is granted subject to conditions to assure that the authorized adjustment shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which subj ect property is located.12. The proposal is based upon sound principles of land use, in that it complies with the Old Towne Design Standards, Secretary of the Interiors Standards for Rehabilitation and the City's Local CEQA Guidelines in the use of appropriate materials for additions and new in-fill construction within the City's Historic District.13. The City's Public Works, Fire, and Police Departments have reviewed the project and indicated that existing infrastructure and City services are available and adequate to serve the project. These City departments have indicated that with adoption of the proposed mitigation measures, conditions of approval, and application of code requirements, potential impacts to City services are adequately addressed.14. The proposed project has been designed to mitigate or substantially minimize adverse environmental effects in that Mitigated Negative Declaration No. 1727-04 was prepared and includes mitigation measures that reduce potential impacts to less-than-significant levels.15. That the City of Orange has made required findings pursuant to CEQA as set forth in Section 2 below.16. That the data and analysis upon which these findings offact are based, including those in Section 2 of this Resolution, are set forth in the staff report for Mitigated Negative Declaration No. 1727-04, General Plan Amendment No.2004-0001, Zone Change No. 1226-04, Conditional Use Permit No. 2496-04,Variance No. 2136-04, and Minor Site Plan Review No. 328-04, staffs oral presentation, public testimony, and Commissioner SECTION 2 - ENVIRONMENTAL REVIEW The proposed relocation of the Edwards House is a component of the Main Library Expansion project, which was the subject of a "first tier" CEQA analysis :md Mitigated Negative Declaration 1688-02 certified in May 2003. In accordance with Section 15150 of the CEQA Guidelines, this environmental analysis has incorporated by reference the City of Orange Main Library Expansion Project Mitigated Negative Declaration No. 1688- 02.Mitigated Negative Declaration No. 1727-04 (attached) was prepared to evaluate the potential environmental effects for General Plan Amendment No. 2004-0001, Zone Change No. 1226-04, Conditional Use Permit No. 2496-04, Variance No. 2136-04, and Minor Site Plan Review No. 328-04 in compliance with the California Environmental Quality Act (CEQA). The City Council finds that Mitigated Negative Declaration No. 1727-04 contains an adequate assessment of the potential environmental impacts of General Plan Amendment No. 2004-0001, Zone Change No. 1226-04, Conditional Use Permit No. 2496-04, Varianc<e No. 2136-04,Minor Site Plan Review No. 328-04. The City Council finds that the potentially significant adverse environmental impacts can be mitigated to a level of insignificance and therefore approves and adopts Mitigated Negative Declaration No. 1727-04.SECTION 3 - CONDITIONS OF APPROVAL BE IT FURTHER RESOLVED that the following conditions for Conditional Use Permit No. 2496- 04, Variance No. 2136-04, Minor Site Plan Review No. 328-04 are imposed with approval:General I. Within two (2) days of final approval of this project, the applic,mt 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. All construction shall conform in substance and be maintained in general conformance with plans labeled Exhibit No.1 (dated February 3, 2004) and as recommended for approval by the Planning Commission and ultimately approved by the City Council.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 4. The applicant shall comply with all federal, state, and local laws, including all City regulations. Violation of any of those laws will be cause for revocation of this permit. 5. These conditions shall be reprinted on the cover sheet or first page of construction documents prior to the issuance of building permits. Planninl! Division 6. Final landscape plan to include City required inspection notes. 7. The applicant shall submit matching brick and masonry material samples to the Design Review Committee for review and approval prior to the issuance of building permits. Mitil!ation Measures Source: Main Librarv EXDansion Proiect MND 8. The new foundation treatment (parging) for the house should be designed to emulate the original in texture and finish detail. The foundation design shall be reviewed and approved by the Community Development Department prior to construction (Mitigation Measure CR- l).9. A photo-record including field measurements of the eXlstmg wood porch columns and masonry work including porch piers, fireplace, related concrete landings, steps, and porch shall be completed prior to relocation of the Edwards House. This physical record is intended to guide any necessary repairs and/or replacement of architectural appurtenance items damaged upon its removal or relocation (Mitigation Measure CR-2).10. An experienced and qualified Historic House Mover shall be selected to carry-out all necessary work required to assess, move, set-down, and reassemble,and/or reconstruct the building in the same state as existing prior to its location Mitigation Measure CR-3).11. The Historic House Mover shall take all necessary steps to protect the building,its features and appearances during the preparation, relocation, temporary storage, and reassembly of the Edwards House. Adequate internal and external bracing (front porch gable roof and existing masonry fireplace) shall be used to strengthen and provide the necessary support in preparation for moving the Edwards House in a safe manner to its new location ( Mitigation Measure CR-4).BuiIdinl! Division 12. The applicant shall submit a gJading plan to the Building Department for review and approval during plan check and prior 13. The applicant shall provide a plan and obtain approval to relocate an existing sewer lateral that crosses the subject property so that any new construction garage) does not cover or come within 12" of any new foundation wall. Public Works DeDartment 14. The applicant shall dedicate to the City a 10' x 10' comer cut-off at Lemon Street and Almond Avenue.15. Provide three 24" box street trees along Lemon Street, trees to be of the same species from the approved street tree list (type and location to be approved by Doug Kokesh, City's Tree Services Coordinator at 714-532-6470).16. Provide a new sewer connection for the Edwards House.17. New driveway design will have Old Towne Curved Radius (edge of radius can start at east property line).Water Division 18. Each building shall be metered separately unless otherwise approved by the Water Division.19. The applicant shall satisfy all water main connection, plan check, and inspection charges as determined by the Water Division prior to approval of the water plan.Cultural Resources 20. In the event archaeological resources, paleontological resources, and/or human remains are encountered during grading, work shall be stopped immediately or redirected until the appropriate Community Development qualified archaeologist, paleontologist, and/or the Orange County Coroner can be retained on-site to monitor all earth moving activities and to evaluate the discovered resources and/or human remains and develop a recovery program, if warranted.This condition shall be printed on all building and grading plans and the Community Development Department shall check plans prior to issuance of Land Use Permit (Mitigation Measure CR- 5).Hazards and Hazardous Materials 21. Prior to project approval, the applicant shall submit a traffic control plan to the City Traffic Engineer and Fire Department for review and approval. A traffic control plan shall be prepared and approved by the City Tramc Engineer and Fire Department that specifies measures to be taken to minimize travel disruptions and safety hazards, including minimizing inconveniences to residents and businesses, and ensure adequate emergency access at all times.The plan shall include a description of the transportation route and time of road closures. Monitoring: The Community Development Departmt:nt shall monitor the relocation of the Edwards House to ensure compliance with the traffic control 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: 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 Improvement Program Fee, Police Facility Fee, Fire Facility Fee, Park Dedication and! In Lieu (Quimby) Fee, Park and Recreational Facilities Development Impact Fee, Library Facilities Development Impact Fee, and School Development Fee (Collected by the Orange Unified School District), as required. If not utilized, Conditional Use Permit No. 2496-04, Variance No. 2136- 04 and Minor Site Plan Review No. 328-04 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 11 th day of May, 2004.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 11 th day of May, 2004, by the following vote: AYES: NOES:ABSENT:ABSTAIN:COUNCILMEMBERS: Ambriz, Alvarez, Murphy, Coontz, Cavecche COUNCILMEMBERS: None COUNCILMEMBERS: None COUNCILMEMBERS: None y, CityC~~ k, ~