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.
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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