TO: Chair and Members of the Design Review Committee
THRU: Chad Ortlieb, Principal Planner
FROM: Angelo Huang, Planning Aide
1. Subject
title
A request to demolish an existing non-contributing detached garage, and construct a new detached garage at the rear of an existing duplex at 454 S. Shaffer Street (Design Review No. 5117-23).
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2. Summary
body
On May 15, 2024, the Design Review Committee (DRC) made a recommendation of approval to the Planning Commission for a proposal to demolish an existing 408-square-foot, non-contributing detached garage, and construct a new 434-square-foot detached garage at the rear of an existing duplex, located at 454 S. Shaffer Street. The property is not a contributor to the Old Towne Historic District.
Subsequent to the DRC meeting, it was determined that pursuant to the Historic Preservation Design Standards, the DRC is the final reviewing body for the project and a Planning Commission determination is not required.
3. RECOMMENDED ACTION
recommendation
Approval of Design Review No. 5117-23 by the Design Review Committee.
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4. BACKGROUND INFORMATION
Applicant/Owner: Matthew Johnston
Property Location: 454 S. Shaffer Street
General Plan Designation: Low Medium Density Residential (LMDR)
Zoning Classification: Residential Duplex 6,000 sq. ft. (R-2-6)
Existing Development: The subject property consists of an existing two-unit structure and a detached garage.
Associated Application: None
Previous DRC Project Review: May 15, 2024
5. project description
The project description remains as presented in the May 15, 2024, DRC staff report (Attachment 2). This project is returning to the DRC because it was determined that pursuant to the Historic Preservation Design Standards, the DRC is authorized to take final action on the demolition of non-contributing structures in the Old Towne Historic District and a Planning Commission determination is not required.
6. EXISTING SITE
The existing site is as specifed in the attached May 15, 2024, DRC staff report.
7. Existing Area context
The existing area context is as specified in the attached May 15, 2024, DRC staff report.
8. analysis and statement of the issues
No issues are identified for the project. This action memorializes the DRC’s decision as the final action for project approval.
9. ADVISORY BOARD RECOMMENDATION
None.
10. PUBLIC NOTICE
Notice was provided to owners and tenants within 400 feet of the project on or before July 25, 2024, and the site was posted with a notice on or before that date.
11. ENVIRONMENTAL REVIEW
The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15302 (Class 2 - Replacement or Reconstruction), because the new structure will be located on the same site as the structure replaced and will have the same purpose and capacity as the structure replaced, and as per Guidelines Section 15303 (Class 3 - New Construction or Conversion of Small Structures) for the construction of a new accessory structure.
12. STAFF RECOMMENDATION AND REQUIRED FINDINGS
Findings for DRC applications come from four sources:
• The Orange Municipal Code
• The Infill Residential Design Guidelines
• The Historic Preservation Design Standards for Old Towne (commonly referred to the Old Towne Design Standards or OTDS)
• Orange Eichler Design Standards (or OEDS)
The Findings are applied as appropriate to each project. Based on the following Findings and statements in support of such Findings, staff recommends the DRC confirm final approval of the project with recommended conditions.
• In the Old Towne Historic District, the proposed work conforms to the prescriptive standards and design criteria referenced and/or recommended by the DRC or other reviewing body for the project (OMC 17.10.070.G.1).
The garage will be minimally visible from the street and only while looking northwest from S. Shaffer Street. It will be compatible in material, design, and style with the existing non-contributing duplex. The proposed garage is in conformance with the Historic Preservation Design Standards for new accessory structures as well as standards for non-contributing properties.
• In any National Register Historic District, the proposed work complies with the Secretary of the Interior’s standards and guidelines (OMC 17.10.07.G.2).
Since the property is not a contributor to the Historic District, the Secretary of Interior’s Standards apply to how the proposed work will affect the Historic District as a whole, and not the individual building. Consistent with Standard 9, new construction will not destroy historic materials that characterize the property or the district and the garage reconstruction will not impact the streetscape of S. Shaffer Street beyond the existing conditions and will only be partially visible from S. Shaffer Street when looking northwest.
• The project design upholds community aesthetics through the use of an internally consistent, integrated design theme and is consistent with all adopted specific plans, applicable design standards, and their required findings (OMC 17.10.07.G.3).
As mentioned above, the project has an internally consistent, integrated design that is compatible with the Historic District in its material, scale, and size.
• For infill residential development, as specified in the City of Orange Infill Residential Design Guidelines, the new structure(s) or addition are compatible with the scale, massing, orientation, and articulation of the surrounding development and will preserve or enhance existing neighborhood character (OMC 17.10.07.G.4).
The new garage is compatible with the existing two-story residence and the surrounding development with the scale, mass, and orientation of the garage. It is located at the rear, minimally visible, and is compatible in design and material. It will not have a detrimental impact on the existing neighborhood character and will not result in a loss of integrity of the Historic District.
13. CONDITIONS
The approval of this project is subject to the following conditions:
1. This project is approved as a precise plan. All work shall conform in substance and be maintained in general conformance with the plans including modifications required by the conditions of approval, and as approved by the Design Review Committee. Any changes from the approved plans shall be subject to subsequent review and approval by the Design Review Committee.
2. After any application has been approved, if changes are proposed regarding the location or alteration of any use or structure, a changed plan may be submitted to the Community Development Director for approval. If the Community Development Director determines that the proposed change complies with the provisions and the spirit and intent of the approval action, and that the action would have been the same for the changed plan as for the approved plan, the Community Development Director may approve the changed plan without requiring a new public meeting.
3. The applicant agrees, as a condition of City’s approval of Design Review No. 5117-23, to indemnify, defend, and hold harmless, at applicant’s expense, the City, its officers, agents, and employees (“City”) from and against any claim, action or proceeding brought against the City, including, but not limited to, any claim, action or proceeding commenced within the time period provided in Government Code Section 66499.37 to attack, review, set aside, void or annul the City’s approval, to challenge the determination made by the City under the California Environmental Quality Act (“CEQA”) or to challenge the reasonableness, legality or validity of any condition attached hereto. City shall promptly notify applicant of any such claim, action or proceeding to which the City receives notice and to cooperate fully with the applicant in the defense thereof. Applicant shall reimburse the City for any and all costs and expenses, including, but not limited to, court costs and attorney’s fees that the City may be required to pay, including any expenses ordered by a court or expenses incurred through the Office of the City Attorney in connection with said claim, action or proceeding. City may, in its sole discretion, participate in the defense of any claim, action or proceeding but such participation shall not relieve applicant of the obligations of this condition. In the event the applicant is required to defend City in connection with such claim, action or proceeding, City shall have the right to approve counsel to so defend the City, approve all significant decisions concerning the manner in which the defense is conducted and approve any all settlements, which approval(s) shall not be unreasonably withheld. The obligations set forth herein remain in full force and effect throughout all stages of litigation including any and all appeals of any lower court judgment rendered in the proceeding. Further, applicant agrees to indemnify, defend and hold harmless the City for all costs and expenses incurred in enforcing this provision.
4. 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 may be cause for revocation of this permit.
5. The final approved conditions of approval shall be reprinted on the first or second page of the construction documents when submitting to the Building Division for the plan check process.
6. Construction permits shall be obtained for all future construction work, as required by the City of Orange, Building Division. Failure to obtain the required building permits will be cause for revocation of this permit.
7. Design Review No. 5117-23 shall become void if not vested within two years from the date of approval. Time extensions may be granted for up to one year, pursuant to OMC Section 17.08.060.
8. The applicant may use paint grade finish on the garage doors and man door instead of wood veneer finish if they prefer to do so.
14. ATTACHMENTS
• Attachment 1 May 15, 2024, DRC Minutes
• Attachment 2 May 15, 2024, DRC Staff Report and Attachments
• Attachment 3 Page 10 of the Historic Preservation Design Standards