City of Orange
КОВРОВАТЬ
Community Development Department
300 E. Chapman Avenue
APRIL 6 1605
Orange, CA 92866
714-744-7220 APPEAL APPLICATION
APPEAL APPLICATION NO. APP - 0564 - 23
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) Scott Bolt
Address of Appellants) 125 N. Parker Street
Phone No. (day) (cell)
PROJECT INFORMATION:
Appeal of action on case number: Conditional Use Permit No. 3210-23).
Project address: 611 W. Chapman Avenue
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).
Please see attached explanation of appeal and signatures of community supporters who also support the appeal.
12/15/23
Signature of Appellant (or representative) Date
PLANNING DIVISION USE ONLY: Date of hearing or decision and hearing body 12/4/2023 Application checked by AL Date & Time Received 12/15/2023 1:15pm N: CDD\PLNG/Administration\Forms & TemplateslAppeal Form.DOC 12/15/23
Planning Commission
300 E. Chapman Ave, Orange CA 92866
This is an appeal to the Planning Commission's 12/4/23 decision to grant approval of Conditional Use Permit No. 3210-23 to Cedar House located at 611 W Chapman Avenue.
As stated in the Legislative document regarding the CUP request, "The key issue for the requested CUP is consideration of the manner in which activities involving 40-80 participants can be accommodated so as not to impact the adjacent residential and commercial uses. " The appellant argues not enough investigation and due diligence has been conducted to accurately determine the negative impact to the adjacent building owner's quality of life and property values. There is insufficient study and specification of noise, traffic, utility XXXXXXXX I XXXX to the residents XXX on Pixley Street, Parker Street and the adjacent alley.
The CUP applicant is proposing multiple large gatherings per week that would absolutely have a negative impact to adjacent residential neighbors. Any residential property entertaining regular groups of 40 to 80 participants will have negative impact to adjacent properties in terms of noise and traffic.
1. Negative Nosie Impact - 80 individuals every Friday within an 1,100 square foot space with semi amplified music is excessive and will be heard by residential neighbors during evenings and weekends. Closest residents are 20 to 30 feet from the subject site. a. Appellant is requesting a noise impact study be conducted with noise at the proposed magnitude to determine the impact affecting surrounding residents.
What are the acceptable decibel levels? Can hours be restricted due to decibel levels?
b. Appellant is requesting building products be implemented to mitigate sound from disturbing the surrounding residents such as soundproofing the existing walls, windows, or doors.
c. Appellant is requesting the city to restrict occupancy to less than 24 people at any given time.
d. Appellant is requesting no amplification of instruments or microphones be used at any time.
2. Negative Traffic Impact
a. Appellant is requesting delivery schedules for materials, consumables, and waste management to the property be evaluated to reduce impact to residents on the surrounding streets and alley.
b. Appellant is requesting a traffic impact report to determine the impact of customer and vendor ingress and egress in the alley and surrounding streets. If parking is being removed from Chapman Avenue side of the property it is assumed all deliveries will be through the alley which has restricted space and building setbacks.
c. Appellant is requesting a pedestrian impact report to determine the effects of increased foot traffic at the alley and surrounding streets. d. Appellant is requesting ADA parking plan be evaluated and the traffic impact for accessing the ADA parking spots through the alley. Indicate how vendor deliveries will affect ADA parking access. How many ADA parking spots are required for the occupancy levels.
3. Negative Utility & Service Impact
a. Appellant is requesting an Impact study for waste management including location of disposal and number of weekly services for a commercial facility. b. Appellant is requesting a study on the impact to water and sewer system and whether or not the existing resident services can accommodate a commercial restaurant facility of 40 to 80 people.
c. Appellant is requesting a plan for renewable energy and solar power to be provided for the facility.
d. Appellant is requesting emergency exit plan for the facility and how it will effect the alley between residential areas.
4. Design Review
a. Appellant is requesting the proposed plan to alter the parking, vegetation, and curb along Chapman Avenue to be reviewed by Orange Design Review Committee.
The appellant is requesting appeal of the decision and further due diligence be conducted in regards to Conditional Use Permit No. 3210-23.