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File #: 25-0603    Version: 1
Type: PC Public Hearing Status: Agenda Ready
File created: 10/17/2025 In control: Planning Commission
On agenda: 11/3/2025 Final action:
Title: Public Hearing to consider a request to construct first and second story additions resulting in an additional 1,351 square feet to the residence and replace an attached garage at an existing single-family home located at 443 N. Clinton Street, and finding of CEQA exemption (ENT No. 25-0051).
Attachments: 1. Staff Report, 2. Attachment 1 Resolution No. PC 12-25, 3. Attachment 2 - Vicinity Map, 4. Attachment 3 - Project Plans, 5. Attachment 4 - Letter of Justification Variance Request, 6. Attachment 5 - Tract 3936 Plans

TO:                                          Chair and Members of the Planning Commission

 

THRU:                     Hayden Beckman, Planning Manager

                                                                                                          

FROM:                     Arlen Beck, Associate Planner

                                          

                     

1.                     Subject

title

Public Hearing to consider a request to construct first and second story additions resulting in an additional 1,351 square feet to the residence and replace an attached garage at an existing single-family home located at 443  N. Clinton Street, and finding of CEQA exemption (ENT No. 25-0051). 

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2.                     Summary

The applicant proposes a 545 square foot addition to the first floor, and a new 806 square foot second story to an existing single-story residence. The project also includes replacement of the attached garage with a new 701 square foot garage that includes a new 11 foot high garage door, and a 270 square foot below grade storage area. Minor Site Plan Review is requested for a garage door that exceeds eight feet in height, and a Variance is requested to deviate from the 20 foot driveway length development standard required by the Zoning Ordinance.

3.                     Recommended Action

recommendation

1.                     Conduct and close the Public Hearing.

2.                     Adopt Planning Commission Resolution No. 12-25 approving ENT No. 25-0051 for a 545 square foot addition to the first floor of an existing single-story residence, a new 806 square foot second story, replacement of the attached garage to a total of 701 square feet that includes a new 11 foot high garage door, and a 270 square foot below grade storage area located at 443 N Clinton Street.

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

end

4.                     project background

Property Information

Applicant

Ron Witteveen, Architect

Property Owner

Andy Benun

Property Location

443 N Clinton Street

Existing General Plan Land Use Element Designation

Low Density Residential 2-6 du/ac (LDR)

Existing Zoning Classification

Single-Family Residential-6 (R1-6)

Old Towne

No

Site Size

6,688 sq ft

Circulation

The site is a corner parcel fronting Clinton Street on both the front and street side yard. There is an existing driveway at the west side of the site providing access from N Clinton Street.

Existing Conditions

A 6,688 sq ft lot improved with an existing 1,347 sq ft single family residence, and an attached 413 sq ft two-car garage.

Surrounding Land Uses and Zoning

 Use Zoning  North Residential - Single-Family Single Family Residential 6,000 square feet (R-1-6)  South Residential - Single-Family Single Family Residential 6,000 square feet (R-1-6)  West Residential - Single-Family Single Family Residential 6,000 square feet (R-1-6)  East Residential - Single-Family Single Family Residential 6,000 square feet (R-1-6) 

Previous Applications/Entitlements

None

 

5.                     PROJECT DESCRIPTION

The project includes a 545 square foot addition to the first floor, a new 806 square foot second story, replacement of the attached garage with a new 701 square foot garage that includes a new 11 foot high garage door, and a 270 square foot below grade storage area.

The applicant is requesting a Minor Site Plan to permit the installation of a garage door that exceeds eight feet in height, a Variance to deviate from the required 20 foot driveway length development standard for an existing single-family residence, and Design Review for a new second story addition.

Development Standards

 

Required

Proposed

Code Section

Building Height

32 feet

23 feet 4 inches

17.14.070

Floor Area Ratio (FAR)

0.60 FAR

0.36 FAR

17.14.070

Lot size (residential)

6,000 sq ft

6,688 sq ft

17.14.070  17.38.070

Lot frontage

60 feet

70 feet

17.14.070

Lot depth

100 feet

100 feet

17.14.070

Open space, useable (residential)

900 sq ft

1,790 sq ft

17.14.070

Parking (residential)

2 enclosed garage spaces

2 enclosed garage spaces

17.34.020  Table 17.34.060(A)

Setback, Front

20 feet

20 feet

17.14.070

Setback, Side Interior (East)

5 feet

7 feet 9 inches

17.14.070

Setback, Side Interior (West)

5 feet

7 feet 2 inches

17.14.070

Setback, Side Interior (South)

5 feet

5 feet 3 inches

17.14.070

 

6.                     PROJECT analysis

 

Garage Rebuild

The project proposes demolishing an existing 413 square foot two-car garage and constructing a new, larger 701 square foot garage in the same location. The current garage is accessed via a 10 foot long driveway with a steep 30% slope. To make the driveway more functional, the floor of the new garage is proposed to be lowered by three feet in elevation, resulting in a flat driveway surface when accessed from the street. Consequently, the garage door height will increase from 8 feet to 11 feet to accommodate the lowered floor. The roof height of the reconstructed garage will remain similar to the existing garage. 

 

The applicant is requesting a variance from the 20 foot driveway length requirement to maintain the existing legal non-conforming 10 foot driveway and garage location. Current development standards require a 12 foot wide driveway that is at least 20 feet in length for a new attached two-car garage. However, the project proposes maintaining the existing non-conforming 10 foot long driveway.

 

As shown in Attachment 5, all corner lots within the tract have driveway access from North Clinton Street via similarly sized 10  long driveway. Therefore, enforcing the 20 foot length requirement would deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification.

 

Second Story Addition

The proposed second story addition is subject to the Infill Residential Design Guidelines, which state, “Steps should be taken in the siting and design of infill residences and additions to minimize adverse effects of the proposed development on the light, air, and privacy of existing adjacent properties in light of the fact that new development within an established neighborhood setting, by its very nature, may result in a real or perceived loss of privacy for existing residents.”

 

The doors and windows of the proposed second story addition are sensitively placed and designed to respect existing residential patterns and development. Staff has identified a potential loss of privacy as a result of the proposed second story deck at the east elevation. However, the proposed balcony will be buffered from the adjacent residence to the north by an approximately 17 foot separation between the balcony and the shared north property line. Additionally, no privacy concerns have been identified by any neighbors as of the publishing of this staff report.

 

Additionally, an existing approximately 25 foot tall radio antenna tower is located in the rear yard of the property, on the north side of the garage. This antenna is proposed to be removed as part of the project.

 

7.                     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, Minor Site Plan Review, 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.

8.                     public notice

 Notice was provided to property owners and tenants within 300 feet of the project on or before October 23, 2025, 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 the request consists of the addition of 1,351 square feet to an existing 1,347 square foot single family residence, the rebuilding and enlargement of the attached two-car garage to 701 square feet, and the construction of a 270 square foot below grade storage area on an existing 6,688 sq. ft. lot.

10.                     ADVISORY BOARD ACTION

 None.

11.                     ATTACHMENTS

                     Attachment 1 Planning Commission Resolution No. PC 12-25

                     Attachment 2 Vicinity Map

                     Attachment 3 Project Plans

                     Attachment 4 Letter of Justification/Variance Request

                     Attachment 5 Tract 3936 Plans