RES-10849 Lemon Grove Apartments Project ApprovalRESOLUTION 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 Agreement with three Affordable Housing Concessions to allow for
the construction of eighty -two (82) housing units for households in the 30 to 60 percent area
median income with the exception of one (1) manager's unit, based on the following findings:
SECTION 1— FINDINGS
Cli -m-rnl Plan
1. The project must be consistent with the goals and policies stated within the City's
General Plan.
The project is consistent with the General Plan Land Use Element in that it provides an
appropriate transition between adjacent high density residential projects, commercial
uses, and industrial uses. The project meets the intent of the Medium Density
Residential General Plan Land Use designation through the higher density product
reflected on the project plans. The project facilitates appropriate residential infill
construction on the project site. The project maintains appropriate design, architecture,
and landscaping. The project furthers the City's Housing Element goals by
contributing to a range of housing types and density, particularly with regard to
providing affordable housing in the City. The project meets all development standards
with the Density Bonus Housing Agreement and will provide impact fees to offset any
potential use impacts it may have on City services. The project is consistent with the
Public Safety Element in that it has been designed and conditioned to meet seismic,
structural, and noise buffering requirements of building codes, Fire Department needs
and, Police Department crime prevention needs. The project has project design features
that will compensate for any water quality or hydrological problems that could
otherwise occur on the site in support of the Natural Resources and Infrastructure
Elements of the General Plan. The project is consistent with the Circulation and
Mobility Element as it will not affect traffic as evidenced by a traffic analysis reviewed
by City Traffic Division staff.
Major Site Plan Review
2. The project design is compatible with surrounding development and neighborhoods.
The project utilizes architectural design that is equivalent if not better than that of
surrounding buildings. The project includes appropriate setbacks; utilizes appropriate
building materials typical for or desired for building improvements in the
neighborhood; provides an integrated landscape theme; uses landscaping to buffer
massing of the project from surrounding uses; provides for adequate on -site circulation
and parking; and, has no identified impacts on surrounding uses, including traffic.
3. Major Site Plan approval shall be granted if the project conforms to City development
standards and any applicable special design guidelines or specific plan requirements.
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With the applied concessions and density bonus, the site plan conforms to the City
Development Standards of the Multi- family Residential (R -3) zone including: lot area,
frontage, lot depth, setbacks, distance between structures, parking, open space,
recreational amenities, storage, landscaping, utilities, and trash enclosures.
Without the applied concessions and density bonus, the plan would not comply with
the R -3 Development Standards for density, parking, building height and, number of
stories; however, these items are allowed under the Density Bonus provisions of OMC
Chapter 17.15 for an affordable housing project.
4. Major Site Plan approval shall be granted if the project provides for safe and adequate
vehicular and pedestrian circulation, both on- and off -site.
Entry and exiting for the site would occur exclusively from North Lemon Street.
Access control gating would be provided at the project entrance. As determined by
City staff, including Fire Department and Traffic Division staff, under the proposed
design, all site tenants, occupants, service providers, waste hauling vehicles and,
emergency service vehicles will be able to safely and adequately access the site.
Furthermore, a traffic analysis generated for the project has been prepared and
concluded that the project does not affect any level of service for streets in the vicinity
of the project. The conclusion of the traffic analysis has been confirmed by staff.
5. Major Site Plan approval shall be granted if City services are available and adequate
to serve the project.
City services are adequate to provide services for the proposed project. Fire, police,
library, and other City department impact fees are provided as a function of building
permit fees. In addition to the recreational amenities that are provided on -site, the
applicant shall pay the park in -lieu fees to off-set park impacts from the estimated
increase on population.
6. Major Site Plan approval shall be granted if the project has been designed to fully
mitigate or substantially minimize adverse environmental effects.
No adverse environmental effects were identified resulting from project
implementation. The project was reviewed against the criteria for a 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) because the project meets the following
criteria:
a. With the allowed density bonus, the project is consistent with the existing General
Plan designations, General Plan policies and, applicable zoning designations and
regulations.
b. The project is in the City on a site less than five acres and is substantially
surrounded by urban uses.
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c. The project site has no value as habitat for endangered, rare or threated species.
d. The project has been evaluated for significant effects relating to traffic, noise, air
quality, and water quality and no significant effects have been identified.
e. The site would be adequately served by all required utilities and public services.
Design Review Committee
7. In the Old Towne Historic District, the proposed work conforms to the prescriptive
standards and design criteria referenced and /or recommended by the DRC or other
reviewing body for the project (OMC 17.10.070. F.1).
The project is not in the Old Towne Historic District. This finding does not apply.
8. In any National Register Historic District, the proposed work complies with the
Secretary of the Interior's standards and guidelines (OMC 17.10.07.F.2).
The project is not in a National Register Historic District. This finding does not
apply.
9. The project design upholds community aesthetics through the use of an internally
consistent, integrated design theme and is consistent with all adopted specific plans,
applicable design standards, and their requiredfindings (OMC 17.10.07. F. 3).
The project utilizes architectural design that is equivalent if not better than that of
surrounding buildings. The project includes appropriate setbacks; utilizes appropriate
building materials typical for or desired for building improvements in the
neighborhood; provides an integrated landscape theme; uses landscaping to buffer
massing of the project from surrounding uses; provides for adequate on -site circulation
and parking; and, has no significant impacts to surrounding uses.
The project height and 3 stories are compatible 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. Residential buildings across the street are
only two story buildings and the industrially used, but residentially zoned, property to
the north is only one story. The commercial buildings to the south are one story. This
property, as well as those in near proximity to the south recently received land use
designation changes to accommodate higher density residential projects. Citrus Grove
was constructed with very similar bulk, scale, and architectural relief as the proposed
buildings. It is anticipated that the industrially used parcel between Citrus Grove and
Lemon Grove will eventually be constructed as a residential project. As such, it is
anticipated that buildings constructed on the in- between site would exhibit a similar
bulk, scale, and architecture as adjacent projects. Therefore, the predominant
architecture for this side and segment of Lemon Street would be anticipated to be
consistent. Typically, higher density residential products back up to commercial and
industrial uses as a transitional use and it is not unusual to see a stepping up of building
heights from adjacent residential uses, in this case from the two story apartments on
the east side of Lemon Street. Furthermore, the size of the lot lends itself to a higher
density product that smaller lots do not typically enjoy due to land area dedicated to
setbacks and parking area. The bulk and scale of the proposed buildings also enable
the project to better realize its affordable housing goals.
The appearance of the storage building will not be prominently visible to the public
since it is wedged between the backs of commercial buildings and an active railroad
right -of -way. The storage building will utilize color, materials, and indentations in
vertical plane to fulfill appropriate compatible design.
There is no specific plan or applicable design standards for the project site or adjacent
neighborhood.
10. For infill residential development, as specified in the City of Orange Infill Residential
Design Guidelines, the new structure(s) or addition are compatible with the scale,
massing, orientation, and articulation of the surrounding development and will
preserve or enhance existing neighborhood character (OMC 17.10.07.F.4).
The project is not infill development as defined by the Orange Infill Residential
Design Guidelines. This finding does not apply.
Concessions /Incentives
11. The application for concessions and incentives meets the threshold requirements of the
definition of concessions and incentives set forth in Section 17.15.020, in particular,
they result in identifiable, financially sufficient, and actual cost reduction for the
housing development.
The reduced parking rate, additional building height and, third story will allow the
development to provide greater units on the site without compromising area for
recreational amenities and landscaping. The reduced parking rate, additional height
and, additional story will ultimately allow for the project to be profitable by allowing
for enough additional rental unit income to make the project viable, which may not be
able to occur under standard code requirements.
12. The incentives and concessions are required in order to provide for affordable housing
costs or for affordable rents for the lower income density bonus units proposed by the
applicant.
The cumulative whole of the concessions will help to maximize the number of units
provided which will facilitate affordability for the entire project as a result of the
concessions.
13. The incentives and concessions do not have any specific adverse impact, as defined in
paragraph (2) of subdivision (d) of Section 65589.5 of the Government Code, upon
public health, safety or the physical environment. The Concessions do not require
mitigation to avoid any adverse impact and the Concessions help make the housing
development affordable to low- and moderate - income households.
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No adverse environmental effects were identified resulting from project
implementation. The project was reviewed against the criteria for a 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) because the project meets the following
criteria:
a. With the allowed density bonus, the project is consistent with the existing General
Plan designations, General Plan policies and, applicable zoning designations and
regulations.
b. The project is in the City on a site less than five acres and is substantially
surrounded by urban uses.
c. The project site has no value as habitat for endangered, rare or threated species.
d. The project has been evaluated for significant effects relating to traffic, noise, air
quality, and water quality and no significant effects have been identified.
e. The site would be adequately served by all required utilities and public services.
The concessions do not require mitigation of any kind and facilitate making the project
affordable to low -and moderate - income households as stated in findings 11 and 12.
14. The incentives and concessions would not have an adverse impact on any real property
that is listed in the California Register of Historical Resources.
No listed properties exist on the site. Hence, no impact would result.
15. The incentives and concessions would not have an adverse effect on any real property
that qualifies for inclusion in a local, state or federal listing of historically significant
resources. An adverse effect is found when a project eligible for a density bonus may
alter, directly or indirectly, any of the characteristics of any real property that qualifies
for inclusion in a local, state or federal listing of historically significant resources in a
manner that would diminish the integrity of the property's location, design, setting,
materials, workmanship, feeling, or association.
On site buildings, the site nor, any site or building in the vicinity was identified as
eligible for inclusion in any listing per the City's most recent historical site survey in
2005. Furthermore, existing on -site buildings have been evaluated by staff who found
that they do not qualify for inclusion in a local, state or federal listing of historically
significant resources.
SECTION 2 — 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) because the project meets the following criteria:
on
a. With the allowed density bonus, the project is consistent with the existing General Plan
designations, General Plan policies and, applicable zoning designations and
regulations.
b. The project is in the City on a site less than five acres and is substantially surrounded
by urban uses.
C. The project site has no value as habitat for endangered, rare or threated species.
d. The project has been evaluated for significant effects relating to traffic, noise, air
quality, and water quality and no significant effects have been identified.
e. The site would be adequately served by all required utilities and public services.
SECTION 3— CONDITIONS OF APPROVAL
BE IT FURTHER RESOLVED that the following conditions are imposed with the
recommendation of approval:
1. The project shall conform in substance and be maintained in general conformance with
plans and exhibits labeled Exhibit A in the City Council staff report (date stamped TBD),
including modifications required by the conditions of approval, as approved by the City
Council.
2. The applicant agrees to indemnify, hold harmless, and defend the City, its officers, agents
and employees from any and all liability or claims that may be brought against the City
arising out of its approval of this permits, save and except that caused by the City's active
negligence. The City shall promptly notify the applicant of any such claim, action, or
proceedings and shall cooperate fully in the defense.
3. The applicant shall comply with all federal, state, and local laws, including all City
regulations. Violation of any of those laws in connection with the use will be cause for
revocation of this permit.
4. Any modifications to the plans including, but not limited to, the landscaping and parking
as a result of other Department requirements such as, but not limited to, Building Codes,
water quality, Fire, or Police shall be submitted for review and approval to the
Community Development Director or designee. Should the modifications be considered
substantial, the modifications shall be reviewed and approved by the Planning
Commission and /or Design Review Committee as determined by the Community
Development Director.
5. Except as otherwise provided herein, this project is approved as a precise plan. After any
application has been approved, if changes are proposed regarding the location or
alteration of any use or structure, a changed plan may be submitted to the Community
Development Director for approval. If the Community Development Director
determines that the proposed change complies with the provisions and the spirit and
intent of the approval action, and that the action would have been the same for the
changed plan as for the approved plan, the Community Development Director may
approve the changed plan without requiring a new public hearing.
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6. The project approval includes certain fees and /or other exactions. Pursuant to
Government Code Section 66020, these conditions or requirements constitute written
notice of the fees and /or exactions. The applicant is hereby notified that the ninety (90)
day protest period commencing from the date of approval of the project has begun. If
the applicant fails to file a protest regarding these conditions or requirements, the
applicant is legally barred from later challenging such exactions per Government Code
Section 66020.
7. In conjunction with the operation of the complex, should parking issues arise on the site
or the surrounding neighborhood, the applicant shall work with the Community
Development Department to resolve any issues. If such issues are not resolved to the
City's satisfaction, the conditions of project approval shall be presented to the Planning
Commission for their consideration of further conditions, or modifications.
8. In conjunction with the operation of the project, the property owner shall be responsible
to maintain the property to a level deemed adequate by the Community Development.
This includes, but is not limited to, the buildings, carports, landscape on -site, recreational
facilities, trash areas, signage, utilities, property walls, and gates. Any graffiti on the
property shall be removed within 72 hours from the time the City of Orange Notice of
Violation is received by the applicant /property owner.
9. Prior to the issuance of Certificate of Occupancy, pursuant to OMC Section 17.14.400.C,
the property manager shall submit the maximum rent schedule to the Community
Development Department. The property manager will need to be update the rent
schedule annually and provide it to the City on the anniversary date of occupancy.
10. Landscaping shall be maintained not to interfere with lighting or addressing.
11. The project applicant shall maintain all structural, treatment and low impact development
BMPs at the frequency specified in the approved WQMP. Upon transfer of ownership
or management responsibilities for the project site, the applicant shall notify the City of
Orange Public Works Department of the new person(s) or entity responsible for
maintenance of the BMPs.
12. A minimum of one foot candle shall be maintained on all surfaces of the parking lot,
from dusk until dawn. The applicant shall ensure that lighting on the site shall be
directed, controlled, and screened in such a manner so as to refrain from shining directly
on surrounding properties.
13. All residential dwellings shall display a street number in a prominent location on the
street side of the residence in such a position that the number is easily visible to
approaching emergency vehicles. The numerals shall be no less than four inches in
height and shall be of a contrasting color to the background to which they are attached.
These numerals shall be illuminated during the hours of darkness.
14. The intercom placed at the vehicular entry for site guests shall not project noise exceeding
the decibel level of the human voice at normal conversation. Plans submitted for building
plan check shall include a detail of the type of intercom system proposed for use.
Design Review Committee Conditions
15. The six locations outlined by the Fire Department where the groupings of two trees are
in conflict with laddering shall be reduced to one tree centered within the space.
16. Where there is stone veneer on the building, it shall always wrap to a reentrant corner.
17. The front elevation of Building A shall 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 fayade 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.
18. Out of concern for the viability of the proposed landscaping in the bioswale, the DRC
recommends that the civil engineer and landscape architect check the hydrology in the
bioswale and whether or not the proposed landscape can survive the amount of water.
In addition to the above conditions, procedural conditions contained in Attachment A are
approved by the City Council.
ADOPTED this 10 day of March, 2015
Teresa 'E. Smith, Mayor, City of Orange
ATTEST:
64'---2r E6-"
Mary E. , City Clerk Orange
I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby certify
that the foregoing Resolution was duly and regularly adopted by the City Council of the City
of Orange at a regular meeting thereof held on the 10 day of March, 2015, by the following
vote:
AYES:COUNCILMEMBERS:Alvarez, Whitaker, Smith, Murphy, Nichols
NOES:COUNCILMEMBERS:None
ABSENT:COUNCILMEMBERS:None
ABSTAIN:COUNCILMEMBERS:None
Mary E. ,City Clerk, i y range
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