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AGENDA ITEM
March 10, 2015
TO: Honorable Mayor and
Members of the City Council
THRU: John W. Sibley
City Manager
FROM: Anna PehoushekKv
Acting Assistant Community
Development Director
ReviewedNerified By:
City Manager
Finance Direc or
To Be Presente : Chad Ortlieb
Cons Calendar _
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Council Reports _
Legal Affairs
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Admin Reports X
Plan/Environ
1. SUBJECT
MAJOR SITE PLAN REVIEW (MJSP 0797 -14), DESIGN REVIEW (DRC 4776 -14) AND, A
DENSITY BONUS HOUSING AGREEMENT WITH THREE AFFORDABLE HOUSING
CONCESSIONS — LEMON GROVE, 1148 NORTH LEMON STREET
2. SUMMARY
The applicant proposes to construct 82 multiple - family dwelling units as an affordable rental
housing complex on a total of 3.54 acres at 1148 North Lemon Street. A density bonus is being
requested pursuant to Chapter 17.15 of the Orange Municipal Code to allow a density of 27.15
units per acre. Concessions are requested for parking, building height and, building stories.
3. RECOMMENDATION
APPROVE RESOLUTION NO. 10849
A resolution of the City Council of the City of Orange approving Major Site Plan Review 0797-
14, Design Review 4776 -14 and, a Density Bonus Housing Agreement with three affordable
housing concessions for the project known as Lemon Grove Apartments located at 1148 North
Lemon Street
4. FISCAL IMPACT
If approved, the recommended action will have a neutral fiscal impact. Proposed financial
assistance from the City for the project and its fiscal impact are covered in a separate staff report
on the Council agenda.
ITEM„ 1 1 3/10/15
5. STRATEGIC PLAN GOAL(S)
1. Provide for a safe community
Strategy:
a) Assure the development of the City occurs in a fashion that maximizes public
safety.
2. Be a fiscally healthy community
Strategies:
a) Expend fiscal resources responsibly.
b) Effectively manage and develop City assets.
3. Enhance and promote quality of life in the community
Strategies:
a) Support and enhance attractive, diverse living environments.
b) Develop and strengthen collaborative partnerships to enhance and promote quality
of life programs, projects, and services.
6. GENERAL PLAN IMPLEMENTATION
The project implements the General Plan as follows:
Manages and transitions from adjacent high density
Land Use Policy 1.2
residential projects and facilitates infill construction
Housing Policy Action 7.0
Contributes to a range of housing density
Land Use Policy 1.3
Meets, exceeds or, is compatible with nearby design
Land Use Policy 1.4 and 6.1
standards
Urban Design Policy 1.1 and 1.3
Minimizes effect on privacy and character of
Land Use Policy 1.6
surrounding neighborhoods/Provides appropriate
Urban Design Policy 4.1
transition
Is a walkable development
Land Use Policy 6.6
Provides a landscaped streetscape
Land Use Policy 6.8
Supports alternative transportation and transit oriented-
Circulation and Mobility Policy 2.2
design
and 2.8
Manages stormwater, reduces pollutant runoff and,
Natural Resources Policy 2.13, 2.14
minimizes impervious surfaces
and, 2.15
Public Safety Policy 2.4
Pays impact fees to maintain City park need levels
Natural Resources Policy 5.1 and
5.7
ITEM 2 3/10/15
Implements seismic safety construction standards, fire
Public Safety Policy 1. 1, 3.4 and,
suppression site design and, pays fire impact fees for
3.8
Fire Department resources
Pays police impact fees for Police Department
Public Safety Policy 6.2, 7.2 and,
resources, uses crime prevention project design features,
7.3
includes natural surveillance through physical design
Implements wall barriers and construction materials to
Noise Policy 1.3, 1.4, 1.5 and, 3.1
shield residents from railroad and exterior noise
Continues to maintain support for the adjacent Katella
Noise Policy 3.2
Avenue rail crossing quiet zone
Adheres to the construction noise hours
Noise Policy 7.1 — 7.3
Provides for public right -of -way acquisition of Katella
Infrastructure Policy 3.6
inclusive segment of property
Provides all on and adjacent off -site utility needs of the
Infrastructure Policy 4.1 — 4.4
project
Is high quality design with integrated circulation
Urban Design Policy 6.1
Contributes positively to the quality of the surrounding
Urban Design Policy 6.2
neighborhood
Conserve and improve the condition of the existing
Housing Goal 1.0, Policy Action
standard affordable housing stock.
3.0
Develops housing to meet the needs of Low- and
Housing Goal 2.0
Moderate - Income households.
Support Community Housing Development
Housing Policy Action 9.0
Organization New Construction Projects
7. DISCUSSION and BACKGROUND
Existing Site
The existing site consists of three parcels prior to a Lot Line Adjustment that will result in two
parcels. The site currently consists of approximately 2 1 /2 acres with industrial uses and buildings
and about %2 acre of a former railroad used parcel (Attachment 4 — Existing Site Photos).
Approximately 46,000 square feet of building area exists on the industrially used site. The site,
including the former railroad parcel, is also used for construction vehicle storage and parking.
The site abuts a portion of the City's industrial zone and is adjacent to the Katella Avenue
commercial corridor. The project site's higher density residential zoning is consistent with that of
the multi - family development to the immediate east that ultimately transitions to single family
neighborhoods further to the east across Glassell Street. Many of the uses to the north, south and,
west retain their historical industrial uses. An active railroad runs north and south to the west of
the project site. There is no predominant architectural theme established in the area. However,
Citrus Grove is a three story affordable apartment complex located on Lemon Street two parcels
ITEM 3 3/10/15
south of the project site. Citrus Grove was approved by the City in 2008 and the proposed Lemon
Grove project is by the same applicant who seeks to utilize a very similar building format,
architecture, colors and materials and, site layout.
Specific uses surrounding the site and their corresponding zoning are as follows:
North - Industrial warehouse, manufacturing and, accessory offices and Katella Avenue in a
General Business (C -2) zone.
South — Industrial warehouse, manufacturing and, accessory offices in a Residential Multiple
Family (R -3) zone.
East - Lemon Street followed by two story multi - family housing in a Residential Multiple
Family (R -3) zone.
West - Active railroad right -of -way in the Industrial (M -2) zone followed by the City's Public
Works yard.
Proposed Project
The applicant proposes to construct the following:
• 81 affordable rental apartments and one manager's unit for a total of 82 units in four
buildings. (Exhibit A — Large scale drawings) as noted in the below table.
Building
Square Feet
Height
Stories
Units
A
24,390
34
3
22 plus office
with community
room and
laundry room
B
23,680
347"
3
24
C
26,380
34
3
24
D
13,240
34
3
12
Units would be constructed pursuant to a Density Bonus Housing Agreement with the City
with a minimum twenty -five (25) Housing Units to be restricted to Low Income
Households for Eligible Tenants. The whole complex is proposed as affordable but only
25 units are reserved as affordable in the Density Bonus Housing Agreement due to
contractual needs of the applicant.
• A linear storage building along the railroad spur at the north end of the property to facilitate
the storage of building maintenance equipment for the property as well as other affordable
housing properties under the same management. The storage building is 2,500 square feet
in area.
• An attached community room and laundry room in building A.
• A 164 space parking lot with an onsite circulation system. Carports are provided in
conjunction with some of the spaces. The site entry and exiting occurs exclusively from
ITEM 4 3/10/15
Lemon Street through a card- controlled gated access with a central intercom island for
visitor access. The project plans reviewed by the Planning Commission had 180 parking
spaces and a right turn only exit onto Katella Avenue by utilizing the former railroad spur
section of the property. Katella Avenue exiting and 16 parking spaces have been removed
from the project plans and been replaced with landscaping and relocation of the linear
storage building.
• Site, building, and parking lot perimeter landscaping with inter - dispersed interior
walkways.
• Black tube steel fencing or split -face concrete walls at property perimeters where existing
building walls are not adjacent to the site or where existing fences or walls cannot be
refurbished.
• 21,958 square feet of usable open space that includes plaza space, patio area, two tot lots
and landscaped open space
A detailed discussion of the project in relation to City development standards, bulk and scale,
design features, and site amenities is provided in the Design Review Committee and Planning
Commission staff reports. Collectively, the Planning Commission did not have any specific
concerns with regard to any issue items in the Planning Commission staff report. However, a
significant discussion occurred regarding the use of the former railroad spur section of the property
for exiting onto Katella Avenue and parking in response to public comment. The applicant
subsequently revised the plans to remove the Katella Avenue exiting and substantial parking on
the former railroad spur.
Density Bonus
Under the General Plan, the maximum number of units allowed at this site for a market -rate
housing project is 24 per acre. The project proposes 27.15 units per acre which is an 11.6% (3.15
unit per acre) increase in the density for the project. OMC Section 17.15.030 of the City's Density
Bonus program describes projects that are eligible for the density bonus. All housing
developments consisting of five or more dwelling units (excluding any units permitted by the
density bonus awarded) are eligible for the density bonus program.
The applicant proposes a Density Bonus Housing Agreement for a minimum of twenty -five (25)
Housing Units (30.5 %) to be restricted to low income households for eligible tenants. Only 10%
of the units are required to be restricted to low- income households in order to for the project to be
eligible for a Density Bonus Housing Agreement. Hence, the project proposes 20.5% more low -
income units than the minimum eligibility threshold for a density bonus. Therefore, the project
qualifies for the requested density bonus. The increased density is authorized if the City approves
the Density Bonus Hosing Agreement. The Density Bonus Housing Agreement is similar to other
agreements that the City has entered into with this developer for other projects in the City.
Concessions and Incentives
ITEM 5 3/10/15
Orange Municipal Code (OMC) Chapter 17.15 implements State Density Bonus Law, which
provides that a local government shall grant a density bonus and regulatory concessions and
incentives to a developer of a housing development. The project qualifies for and is seeking
approval of a Density Bonus Housing Agreement by the City Council and qualifies for up to three
concessions to code requirements that would otherwise normally apply to non - affordable housing
projects. The three concessions sought for the project are parking, exceedance of building height
thresholds without need for a Conditional Use Permit and, exceedance of story thresholds without
need for a Conditional Use Permit. Each concession is discussed further as follows:
Parking:
The project proposes to provide 164 parking spaces instead of the 204 that would be normally be
required for a market -rate project. OMC Section 17.15.050C. states that the City must reduce the
required parking for the entire housing development, including the market rate units, to two
parking spaces per unit. Hence, at 82 units, the 164 parking spaces provided meets the OMC
requirement with a Density Bonus Housing Agreement. A detailed comparison between the 164
spaces being provided and what normally would be required is shown in the attached Planning
Commission staff report, under Issue Item 1 on page 12. The reduced parking standards are treated
as a concession or incentive because they are lower than normally required by the Zoning
Ordinance.
Building Height:
The building heights are proposed to be 34 feet and 7 inches. The zoning code limits building
heights to 32 feet, unless a Conditional Use Permit is approved or, in this case, an affordable
housing concession is approved. The Design Review Committee, Planning Commission, and staff
do not believe the height of the building is problematic given the heights approved by the City for
the Citrus Grove project and given that the project is south of the Katella Avenue Commercial
corridor, east of an active railroad right -of -way and industrial uses, north of industrial uses
property and, transitioning in height from two story apartment buildings across Lemon street to
the east.
Stories:
Three stories are proposed. The zoning code limits project to two stories, unless a Conditional
Use Permit is approved or, in this case, an affordable housing concession is approved. The Design
Review Committee, Planning Commission, and staff do not believe the number of stories is
problematic for the same reasons stated under the building height discussion above.
Environmental Review
Categorical Exemption: The proposed project is categorically exempt from the provisions of the
California Environmental Quality Act (CEQA) per State CEQA Guidelines 15332 (Class 32 — In-
fill Development Projects) as described in detail in Attachment 6.
ITEM 6 3/10/15
No public review is required.
Committee and Commission Review
At the February 18, 2015, meeting, the Planning Commission unanimously (4 -0) recommended
that the City Council approve this item subject to recommended conditions of approval. At the
meeting only one person spoke in opposition to the project. His concerns were with the project
exit onto Katella Avenue and its effect on the railroad quiet zone, the spur parking, the project's
traffic analysis and how it was considered a Class 32 CEQA exemption, parking and, storage unit
invitation for graffiti. Another person provided written correspondence in opposition to the
number of parking spaces for the project. Further written correspondence from that person is
attached (Exhibit B), along with the original correspondence, for the Council's consideration. The
matter of the Katella Avenue exit has been eliminated from the project scope as discussed in the
project description.
At the January 21, 2015 meeting, the Design Review Committee (DRC) unanimously (4 -0)
recommended that the Planning Commission recommend City Council approval of the project
subject to recommended conditions of approval. Of note, recommended Condition 17 would
require that the front elevation of Building A return to the DRC prior to issuance of a building
permit and, the redesign of the elevation shall take into consideration additional roof forms to
break up the mass of the fagade and, the DRC recommendation is to either reduce the number of
bedrooms at the third floor or to increase the amount of roof on the lower floors in some manner.
No persons spoke in opposition to the project at the meeting.
8. ATTACHMENTS
Attachments to Report:
1. City Council Resolution No. 10849 for Major Site Plan Review 0797 -14, Design Review 4776-
14 and, a Density Bonus Housing Agreement with three affordable housing concessions
2. Density Bonus Housing Agreement
3. Vicinity Map
4. Existing Site Photographs
5. Photographic Examples of Citrus Grove for Color and Material reference
6. Planning Commission Staff Report Dated February 18, 2015
7. Planning Commission Resolution 07 -15
8. Planning Commission Meeting Minutes Dated February 18, 2015
9. Design Review Committee Staff Report Dated January 21, 2015
10. Design Review Committee Final Minutes of the January 21, 2015, meeting
ITEM 7 3/10/15
Exhibits:
A. Submitted Plans and Exhibits date stamped March 10, 2015
B. Public Comments
cc: Orange Housing Development Corporation and C &C Development
Attn: Todd Cottle
14211 Yorba St., Ste. 200
Tustin, CA 92780
ITEM s 3/10/15
RESOLUTION NO. 10849
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ORANGE APPROVING MAJOR SITE PLAN REVIEW
0797 -14, DESIGN REVIEW 4776 -14 AND, A DENSITY
BONUS HOUSING AGREEMENT WITH THREE
AFFORDABLE HOUSING CONCESSIONS FOR THE
PROJECT KNOWN AS LEMON GROVE APARTMENTS
LOCATED AT 1148 NORTH LEMON STREET
APPLICANT: LEMON GROVE, LP
WHEREAS, Major Site Plan Review 0797 -14, Design Review 4776 -14 and, a Density Bonus
Housing Agreement with three Affordable Housing Concessions were filed by Lemon Grove, LP in
accordance with the provisions of the City of Orange Municipal Code; and
WHEREAS, Major Site Plan Review 0797 -14, Design Review 4776 -14 and, a Density Bonus
Housing Agreement with three Affordable Housing Concessions were processed in the time and manner
prescribed by state and local law; and
WHEREAS, the Density Bonus Housing Agreement is for an increase in density from 24 units
per acre to 27.15 units per acre with concessions to allow 164 parking spaces, instead of the 204 that
would normally be required under the Orange Municipal Code (OMC) for a market -rate project; an
increase in building height to 34 feet and 7 inches, instead of the 32 feet that would normally be required
under the OMC without a Conditional Use Permit; and, three stories, instead of the two stories that
would normally be required under the OMC without a Conditional Use Permit; and
WHEREAS, on January 14, 2015, the Staff Review Committee reviewed Major Site Plan
Review 0797 -14, Design Review Committee 4776 -14 and, a Density Bonus Housing Agreement with
three Affordable Housing Concessions and recommended that the application proceed; and
WHEREAS, on January 21, 2015, the Design Review Committee reviewed Major Site Plan
Review 0797 -14, Design Review Committee 4776 -14 and, a Density Bonus Housing Agreement with
three Affordable Housing Concessions and recommended by a unanimous vote that the Planning
Commission recommend that the City Council approve the project subject to recommended conditions
of approval; and
WHEREAS, the Planning Commission conducted one duly advertised public hearing on
February 18, 2015 for the purpose of considering Major Site Plan Review 0797 -14, Design Review
Committee 4776 -14 and, a Density Bonus Housing Agreement with three Affordable Housing
Concessions for the property located at 1148 North Lemon Street and recommended by a unanimous
vote that the City Council approve the project subject to recommended conditions of approval.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orange hereby
approves Major Site Plan Review 0797 -14, Design Review 4776 -14 and, a Density Bonus Housing
ATTACHMENT NO. 1
CC RESOLUTION 10849
LEMON GROVE
MARCH 10, 2015 CC MTG.