Legislation Details

File #: 24-0589    Version: 1
Type: PC Public Hearing Status: Agenda Ready
File created: 10/2/2024 In control: Planning Commission
On agenda: 10/21/2024 Final action:
Title: Public hearing to consider a request to construct a new single-family residence with a detached one-car garage, located at 323 E. River Avenue and finding of CEQA exemption (Variance No. 2262 and Design Review No. 5136).
Attachments: 1. Staff Report, 2. Attachment 1 - Planning Commission Resolution No,. PC 31-24, 3. Attachment 2 - Design Review Committee Staff Report, 4. Attachment 3 -Vicinity Map, 5. Attachment 4 - Project Plans, 6. Attachment 5 - Letter of Justification, 7. Attachment 6 - Garage Comparison of Surrounding Properties

TO:                                          Chair and Members of the Planning Commission

 

THRU:                     Anna Pehoushek, Assistant Community Development Director                                          

                                                                                                          

FROM:                     Arlen Beck, Associate Planner

                                          

                     

1.                     Subject

title

Public hearing to consider a request to construct a new single-family residence with a detached one-car garage, located at 323 E. River Avenue and finding of CEQA exemption (Variance No. 2262 and Design Review No. 5136).

body

2.                     Summary

The applicant proposes to construct a new 934 sq ft single family residence with a 416 sq ft detached one-car garage on an existing vacant lot in the Nutwood Tract of the Old Towne Orange Historic District. A Variance request is submitted to allow for the development to provide a one-car garage instead of the required two-car garage.

3.                     Recommended Action

recommendation

1)                     Adopt Planning Commission Resolution No. PC 31-24. A Resolution of the Planning Commission of the City of Orange approving Variance No. 2262 and Design Review No. 5136 for a new single-family residence with a detached one-car garage in the Old Towne Orange Historic District located at 323 E. River Avenue.

2)                     Find the proposal exempt from the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15303.

end

4.                     AUTHORIZING GUIDELINES

Orange Municipal Code (OMC) Section 17.08.020(B)(2)(a) authorizes the Planning Commission to review and take final action on applications for Variances, and Design Review. Note (b) of Table 17.08.020 of the OMC - Reviewing Bodies - states that when more than one type of application is filed for a single project, the application requiring the highest level of approval shall dictate the review process for the entire group of applications.  The Planning Commission is the highest-level approving body for these applications.

5.                     project background

 

Applicant/ Property Owner:

Michael Muhonen

Property Location

323 E. River Avenue

Existing General Plan Land Use Element Designation

Low-Medium Density Residential (LMDR)

Existing Zoning Classification

Duplex Residential (R-2-6)

Old Towne

Yes

Site Size

3,995 sq ft

Circulation

There is an existing driveway at the east side of the site providing access from E. River Avenue.

Existing Conditions

The site is currently vacant with an existing tree bisecting the west property line. There are electrical lines running overhead the parking strip where there is an existing palm tree.

Surrounding Land Uses and Zoning

 Use Zoning  North Residential - Single-Family Duplex Residential (R-2-6)  South Residential - Single-Family Duplex Residential (R-2-6)  West Residential - Single-Family Duplex Residential (R-2-6)  East Residential - Single-Family Duplex Residential (R-2-6) 

Previous Applications/Entitlements

None

 

6.                     PROJECT DESCRIPTION

The project includes a new 934 sq ft single-family residence with a 416 sq ft detached one-car garage on an existing vacant lot in the Old Towne Orange Historic District. The existing lot is legal non-conforming in that the existing lot size is 3,995 sq ft, whereas there is a 6,000 sq ft minimum lot size to establish a new legally subdivided lot for the R-2-6 zoning district. Due to the limited lot size, the applicant is proposing a one-car garage which does not meet the two-car garage requirement for the development. 

Development Standards

 

Required

Proposed

Code Section

Building Height

32 feet

13 feet 11 inches

17.14.070

Fence height

42 inches in front yard setback (first 10’)  6 feet in all other areas

42” high sliding gate at driveway  36” high fence along front property line  18” high wall along south side property line for first 30’ and then 6’0” high wood fence along the remaining side and rear property lines

17.12.070

Floor Area Ratio (FAR)

0.70 FAR

.34 FAR

17.14.070

Lot size (residential)

6,000 sq ft

3,995 sq ft, existing (legal nonconforming)

17.14.070

Lot frontage

60 feet

50 feet, existing (legal nonconforming)

17.14.070

Open space, useable (residential)

350 sq ft

454 sq ft

17.14.070

Parking (residential)

2 enclosed garage spaces

1 enclosed garage space

Table 17.34.060.A

 Setback, Front

20 feet

20 feet

17.14.070

Setback, Rear

10 feet

House: 10 feet  Garage: 2-feet

17.14.070

Setback, Side Interior

5 feet

House: 5 feet  Garage: 2 feet

17.14.070

 

7.                     analysis and statement of the issues

Consistent with the guidelines for Infill Construction in the Historic Preservation Design Standards, the location of new primary and secondary structures would follow the historic pattern of front and side yard setbacks in the neighborhood. The new building would be similar in mass and scale to surrounding buildings and have a comparable height and roof form. The new infill construction was designed to be compatible with the adjacent historic buildings. The design is appropriate such that the Historic District continues to retain its integrity of setting that conveys its significance.

Issue 1: Required Off-Street Parking:

Providing compliant on-site parking consists of a combination four challenges:

•                     Single-family dwellings of four bedrooms or less requires two enclosed parking spaces. (OMC Section 17.34.060)

•                     A 25-foot back up distance (OMC Section 17.34.110)

•                     Parking areas should be located at the rear of a site and screened from a public view by fencing or landscaping (Historic Preservation Design Standards)

•                     Open space requirement (OMC17.14.110(B)(1)(b))

 

8.                     public notice

Notice was provided to 97 owners and tenants within 400 feet of the project on or before October 10, 2024, and the site was posted with a notice on or before that date. 

9.                     environmental review

The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15303 (Class 3 - New Construction or Conversion of Small Structures), because it consists of one new 934 sq ft single family residence with a 416 sq ft detached one-car garage on an existing 3,995 sq ft vacant lot. 

10.                     ADVISORY BOARD ACTION

Staff Review Committee:

The City’s inter-departmental Staff Review Committee (SRC) conducted a review of the project on May 28, 2024. On August 7, 2024, SRC recommended that the project proceed to the Design Review Committee (DRC).

 

Design Review Committee:

The Design Review Committee reviewed the subject proposal at the September 18, 2024, meeting and recommended project approval to the Planning commission with a condition that the no fence or gate is to exceed 42 inches in the front yard setback area. The project meets this condition.

11.                     ATTACHMENTS

•                     Attachment 1 - Planning Commission Resolution No. PC 31-24

•                     Attachment 2 - Design Review Committee Staff Report, September 18, 2024

•                     Attachment 3 - Vicinity Map

•                     Attachment 4 - Project Plans

•                     Attachment 5 - Letter of Justification

•                     Attachment 6 - Garage comparison of surrounding properties