Agenda Item
City Council
Item #: 9.1. 2/14/2023 File #: 23-0028
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, Interim City Manager
FROM: Jeffrey Adams, Interim Community Development Director
1. SUBJECT
Appeal No. 0561-22; an appeal of Planning Commission decision upholding Design Review Committee approval of Design Review No. 5077-22; a proposal to construct a new 1,102 square foot duplex unit with an attached 227 square foot garage at the rear of an existing single-family dwelling on a property zoned Duplex Residential at 529 S. Grand Street.
2. SUMMARY
On October 5, 2022, the Design Review Committee approved Design Review No. 5077-22, a request to construct a new 1,102 square foot duplex unit with an attached 227 square foot garage (1,329 square feet total) at the rear yard of an existing single-family dwelling that is a contributor to the Old Towne Historic District. The approval was appealed to the Planning Commission on October 20, 2022. The Planning Commission upheld the approval on December 5, 2022. The Planning Commission action was appealed to the City Council on December 16, 2022.
3. RECOMMENDED ACTION
The City Council shall consider the record and such additional evidence as may be offered and may affirm, reverse, or modify, in whole or in part, the action that was appealed. Staff will return to the Council at a subsequent meeting with a Resolution reflecting the action taken.
4. FISCAL IMPACT
None.
5. STRATEGIC PLAN GOALS
Goal 3: Enhance and promote quality of life in the community c: Support and enhance attractive, diverse living environments.
Goal 5: Recognize, promote, and preserve Orange's rich heritage b: Expand and strengthen processes and practices related to protection and cultural resources.
6. DISCUSSION AND BACKGROUND
On October 15, 2022, the Design Review Committee approved Design Review No. 5077-22, a request to construct a new unit at the rear of a property developed with a historic single-family residence, resulting in a duplex development condition. The 1,102 sq. ft. single-story unit would have three bedrooms and two bathrooms with a 227 sq. ft. attached one-car garage (1,329 sq. ft. total area). Site improvements include driveway modifications as well as the creation of a patio and an City of Orange Printed on 2/9/2023Page 1 of 3
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Item #: 9.1. 2/14/2023 File #: 23-0028
additional uncovered parking space.
The proposed project would increase the existing floor area ratio (FAR) at the property from 0.17 to
0.30. Other adjacent properties in the vicinity with contributing buildings have FARs that range between 0.29 to 0.44. Even with the increase in FAR, the property would continue to have one of the lowest in its vicinity.
The new unit has been designed to be subordinate and compatible with the existing historic residence at the property. The Design Review Committee (DRC) found the project to be in conformance with the Historic Preservation Design Standards for Old Towne Orange and Secretary of Interior Standards for the Treatment of Historic Properties. Detailed information about the project features is included in Attachments 3 and 9 to this report.
Appeal of DRC Action
The DRC approval was appealed to the Planning Commission on October 20, 2022 by Councilwoman Arianna Barrios (Appeal No. 0560-22). The grounds for that appeal are presented in Attachment 7. The Planning Commission upheld the DRC approval on December 5, 2022.
Appeal of Planning Commission Action
The Planning Commission action was appealed to the City Council on December 16, 2022, by the Old Towne Preservation Association. The grounds for the appeal are as follows, including the website link to State Office of Historic Preservation reference information about CEQA exemptions:
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 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 tom 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 historic resource. - From the City’s “City of Orange Local CEQA Guidelines” document, page 18:
“CEQAGuidelines Section 15064.5(b)(1) “Substantialadverse changes in the significance of a historical resource means physical demolition, destruction, relation or alteration of the resource, or its immediate surroundings [i.e., setting] such that the significance of an historical resource would be materially impaired.
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7. ATTACHMENTS
City of Orange Printed on 2/9/2023Page 2 of 3
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Item #: 9.1. 2/14/2023 File #: 23-0028
· Attachment 1 Appeal No. 0561-22
· Attachment 2 Vicinity Map
· Attachment 3 Project Plans with Site Photos
· Attachment 4 Planning Commission Resolution No. PC 34-22 · Attachment 5 Draft Planning Commission Minutes, December 5, 2022 · Attachment 6 Planning Commission Staff Report, December 5, 2022 · Attachment 7 Appeal No. 0560-22
· Attachment 8 Design Review Committee Minutes, October 5, 2022 · Attachment 9 Design Review Committee Staff Report, October 5, 2022 City of Orange Printed on 2/9/2023Page 3 of 3
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