City of Orange CITY OF ORANGE
„OPPORATED
Community Development Department CITY CLERK
9NIA * 300 E. Chapman Avenue
Orange, CA 92866 2022 DEC 16 PM 2:22
714-744-7220 APPEAL APPLICATION
APPEAL APPLICATION NO. 561-22
This application must be filled out completely. Any appeal shall be filed with the Community Development Department Planning Division within fifteen (15) calendar days after the hearing or action from which the appeal is made (OMC Section 17.08.050 C). The $1000.00 filing fee (initial deposit - actual cost required) must accompany the appeal.
Name of Appellants) Old Towne Preservation Association (OTPA) Address of Appellant(s) PO Box 828; Orange CA 92856
714-639-6840 714-288-9369
Phone No. (day) (cell)
PROJECT INFORMATION:
Appeal of action on case number: Appeal No. 0560-22
Project address: 529 S Grand St; Orange CA 92866
REASON FOR REQUEST: Please specify and explain WHY you are appealing the decision or determination and indicate specifically the error or abuse of discretion (OMC Section 17.08.050 C). 1) Project is not exempt from CEQA. City Staff Report cites the exemption "(per State CEQA Guideline 15303)", but does not consider the exceptions pertaining to the exemption:
https://ohp.parks.ca.gov/?page_id=21728:
"Categorical exemptions are identified by the State Resources Agency and are defined in the CEQA Guidelines (14 CCR Section 15300-15331). Unlike statutory Section 15300.2 - Exceptions
(b) Cumulative Impact. All exemptions for these classes are inapplicable when the cumulative impact of successive projects of the same type in the same place, over time is significant [515 S Grand St and 529 S Grand St projects should also be considered together, as they will have cumulative impacts on the historic resourcel (f) Historical Resources. A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource.
- From the City's "City of Orange Local CEQA Guidelines" document, page 18:
*CEQA Guidelines Section 15064.5(b)(1) "Substantial adverse changes in the significance of a historical resource means physical demolition, destruction, relocatior or alteration of the resource, or its immediate surroundings [i.e. setting] such that the significance of an historieal resource would be materially impaired.' 12-16-22
Signature o Appellant (or representative) Date
PLANNING DIVISION USE ONLY: Date of hearing or decision and hearing body Application checked by Date & Time Received 01/18/2023 @ 4:30 pm N: CDD\PLNG\Administration\Forms & Templates Appeal Form. DOC Project is not exempt from CEQA. City Staff Report cites the exemption "(per State CEQA Guideline 15303)", but does not consider the exceptions pertaining to the exemption:
https://ohp.parks.ca.gov/?page_id=21728:
"Categorical exemptions are identified by the State Resources Agency and are defined in the CEQA Guidelines (14 CCR Section 15300-15331). Unlike statutory exemptions, categorical exemptions are not allowed to be used for projects that may cause a substantial adverse change in the significance of an historical resource (14 CCR Section 15300.2 (f)). Therefore, lead agencies must first determine if the project has the potential to impact historical resources and if those impacts could be adverse prior to determining if a categorical exemption may be utilized for any given project." Section 15300.2 - Exceptions
(b) Cumulative Impact. All exemptions for these classes are inapplicable when the cumulative impact of successive projects of the same type in the same place, over time is significant [515 S Grand St and 529 S Grand St projects should also be considered together, as they will have cumulative impacts on the historic resource] (f) Historical Resources. A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource. - From the City's "City of Orange Local CEQA Guidelines" document, page 18:
"CEQA Guidelines Section 15064.5(b)(1) "Substantial adverse changes in the significance of a historical resource means physical demolition, destruction, relocation or alteration of the resource, or its immediate surroundings [i.e. setting] such that the significance of an historical resource would be materially impaired."