RES-10025 Conditional Use Permit Approval For Affordable Housing Apartment ComplexRESOLUTION NO. 10025
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A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE APPROVING CONDITIONAL
USE PERMIT (CUP) NO. 2488-03 TO ALLOW THE
DEVELOPMENT OF A 128-UNIT AFFORDABLE
HOUSING APARTMENT COMPLEX FOR VERY
LOW INCOME FAMILY HOUSEHOLDS ON A 3.96
ACRE SITE LOCATED ON LOT 323 OF
TENTATIVE TRACT MAP 16201, LOCATED
NORTH OF SANTIAGO CANYON ROAD, WEST OF
SR 241/261 AND SOUTH OF IRVINE PARK
APPLICANT: THE CITY OF ORANGE REDEVELOPMENT
AGENCY
WHEREAS, the City Council has authority per Orange Municipal Code Sections
17.10.030, and 17.14.340 through 17.14.420 to take action on Conditional Use Permit No. 2488-
03 to allow the development of an affordable housing project consisting of the development of
128 rental dwelling units, and authorize use of the density bonus provision and grant special site
development incentives; and
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WHEREAS, Conditional Use Permit No. 2488-03 was filed by the City of Orange
Redevelopment Agency in accordance with the provisions of the City of Orange Municipal
Code; and
WHEREAS, Conditional Use Permit No. 2428-02 was processed in the time and manner
prescribed by state and local law; and
WHEREAS, Pursuant to the authority and criteria contained in the California
Environmental Quality Act (CEQA), the Community Development Director analyzed the
proposal and determined that the project will have a potentially significant adverse effect on the
environment. A Draft Environmental Impact Report (SEIR 1278/DEIR 1716) was prepared and
circulated for public review for a period of at least 45 days, from October 20, 2004 through
December 6, 2004. The Final Environmental Impact Report for the Santiago Hills II and East
Orange Planned Communities and required discretionary permits is complete and adequate for
the consideration of the Conditional Use Permit. Resolution 10018 has been passed, approved
and adopted by the City Council on November 8, 2005, certifying Final SEIR 1278/Final EIR
1716, SC#1988110905 and adoption of a Statement of Overriding Considerations and a
Mitigation Monitoring Program for the Santiago Hills II and East Orange Planned Communities
and all required discretionary permits; and
WHEREAS, the Planning Commission conducted a public hearing for the SHIVEOPC
project on July 18, 2005, continued the item to August 15, 2005 and adopted Planning
Commission Resolution No. PC 31-05 on August 15,2005, recommending approval of Tentative
Tract Map 16199, subject to conditions; and
WHEREAS, the City Council conducted a duly advertised public hearing on September
27,2005, continued the item to October 11,2005, to October 25,2005, and again to November
8, 2005 at which time interested persons had an opportunity to testifY either in support of or
opposition to the proposal and for the purpose of considering Conditional Use Permit No. 2488-
03, upon property described as follows:
Being portions of blocks 18 and 39 of Irvine's Subdivision as shown on a map
filed in Book I, Page 88 of Miscellaneous Record Maps, together with parcels 3
and 4 of Lot Line Adjustment LL- 2000-4 recorded as instrument No.
20000643926 of Official Records, both in the Office of the County Recorder of
Orange County, California.
Lot 323 of Tentative Tract Map 16201
NOW, THEREFORE, BE IT RESOLVED that the City Council approves Conditional
Use Permit 2488-03 involving the development and construction of a 128-unit affordable rental
housing complex for very low income family households on the project site based on the
following findings:
SECTION 1 - FINDINGS
1. The proposed project conforms to the land use designation of Medium Density
and is consistent with the goals, polices and implementation measures of the
City's General Plan.
2. The project conforms to the development standards contained with the Santiago
Hills II Planned Community Development Plan.
3. Project approval is granted upon sound principles of land use and in response to
services required by the community in that the affordable housing project meets a
necessary demand for housing in serving certain segments of the population.
4. The project will not cause deterioration of bordering land uses or create special
problems for the area in which it is located, in that the affordable housing project
is provided with adequate on-site circulation and sufficient parking spaces to
accommodate tenant access, circulation and parking demand.
5. The project was considered in relationship to its effect on the community or
neighborhood plan for the area it is located, in that affordable housing project is
compatible with the residential environment in the surrounding area.
6. Conditions of approval have been imposed on the project to assure that the
property is developed in a safe and orderly manner in which to preserve the
general welfare, and not the individual welfare of any particular applicant.
7. The project provides a quality living environment for very low income and lower
income households.
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8. The project fulfills a demand for affordable housing, which is currently not
provided for by the existing housing stock.
9. The project conforms to the goals set forth in the General Plan Housing Element.
10. The project can be adequately serviced by the IRWD water and sewer system, and
City storm drain systems, without significantly impacting the overall service or
system.
11. The project will not have a significant adverse impact on traffic volumes and road
capacities, school enrollment, or recreational resources.
12. The density bonus and additional incentives are necessary in order to achieve the
affordability of the units and will not impose an undue financial hardship on the
City, or adversely impact public health, safety and welfare and surrounding
properties.
13. City services are available and adequate to serve the project in that the City's
Public Works, Water, Fire, and Police Departments have reviewed the project.
All other departments and/or agencies indicated that they are able to serve the
project subject to standard or specific development conditions.
14. That the City of Orange has made required findings pursuant to CEQA as set forth
in Final SEIR 1278/Final EIR 1716.
15. The data and analysis upon which these findings of fact are based are set forth in
the staff report and associated documents for Final SEIR No. 1278/Final EIR
1716, General Plan Amendment No. 2003-0001, Pre Zone Change No. 1218 &
1219, ROMPS, Design Guidelines, Tentative Tract Maps 16199,16201 and
16514, Conditional Use Permit 2488-03, and Development Agreement by and
between the City of Orange and The Irvine Company, staffs oral presentation,
public testimony, Planning Commissioner comments, and Council comments
which constituted the City Council's review of this application.
SECTION 2 - CONDITIONS OF APPROVAL
BE IT FURTHER RESOLVED that the following conditions are imposed with approval:
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General
1. Approval is granted for an affordable housing project of not less than 128 units, all
units of which shall be affordable to very low-income family households. A density
bonus of 56% or 46 dwelling units beyond the 82 units that are shown on the
Tentative Tract Map 16201 Lot 323 is granted as an incentive that permits the project
to maintain the noted level of affordability.
2. All construction shall conform in substance and be maintained in general
conformance with plans labeled Exhibits A-C (dated February 7, 2003 for
identification purposes) and as approved by the City Council.
3. The City shall use its current definition of housing affordability, including the
definition of "very low income" as established in the currently adopted Housing
Element.
4. Prior to building permits, final site plans and elevations shall conform to the standards
of the Santiago Hills II Planned Community regulations and shall be reviewed in
conformance with the site plan review process identified in the Santiago Hills II
Planned Community regulations.
5. Final landscape plans shall be submitted to the Design Review Committee (DRC)
prior to the issuance of any building permits.
6. Final floor planes) and four-sided elevations shall be reviewed by the Design Review
Committee (DRC) prior to issuance of any building permits.
7. Prior to issuance of building permits, the final plan and elevations shall be submitted
to the Fire Department for review and approval. Plans shall conform to the Fire Code
in effect at the time of submittal.
8. Provide on-site fire hydrant(s) and mains capable of supplying the required fire flow.
The hydrant model and on-site location shall be approved by the Fire Department and
have a three (3) foot minimum clearance around the circumference ofthe fire hydrant.
The on-site hydrants shall not be controlled by the control valve (P.LY.) for the
sprinkler system so that water flow to the hydrants is not impaired should the
sprinkler system be shut down for any reason. (U.F.C. Sections 903 and 1001.7) The
fire department connection shall not pressurize a hydrant. Plans must be submitted to
the Building Department.
9. Prior to issuance of a fire service (detector check) the required water supplies for
hydrants and fire sprinkler systems shall be determined and the water supplies shall
be approved by the Fire Department.
10. The number and location of hydrants shall be determined by Fire and Water
Departments.
II. Every building shall be accessible to fire department apparatus by an access roadway
of not less than 20 feet of unobstructed width having a minimum of 13 feet 6 inches
of vertical clearance. The access roadway shall be extended to within 150 feet of all
portions of the exterior walls of the first story of any building. U.F.C. Sections 901
and 902.
12. The installation of gates, traffic calming methods and speed humps or bumps shall be
reviewed by the Fire Department prior to installation.
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13. All streets less than 36 feet wide shall be marked and signed as a fire lane. The
marking and signs shall be provided and installed per the Citv of Orange Fire
Departments Fire Lane Standards.
14. The fire department access roadway shall be an all weather driving surface capable of
supporting the imposed loads of fire apparatus, 20, 000 pounds per axle. The access
shall be designed for a three-axle vehicle. (Engine Wght. 36,050 and Truck wght.
60,000 pounds) U.F.C. Section 902.2.2.2.
15. The fire department access roadway shall be provided with adequate turning radius
for fire department apparatus. (A 45 foot outside and 25 foot inside radius.) U.F.C.
Section 902.2.2.3.
16. Any mechanical gates shall be provided with a key-operated override per City of
Orange Ordinance 9-84. And a manual release in case of electrical failure.
17. An approved monitoring system is required if the sprinkler system has more than 100
sprinkler heads.
18. The applicant/developer shall submit a grading plan to the Public Works Department
Engineering Division for review and approval, and a grading permit issued prior to
the issuance of building permits.
19. Each building shall be metered separately unless otherwise approved by the Irvine
Ranch Water District.
20. The applicant/developer shall satisfY all water main connection, plan check, and
inspection charges as determined by the Irvine Ranch Water District.
21. The project proponent/owner shall agree to construct, operate and maintain the
required number of affordable units in accordance with a written agreement between
the applicant and the City, approved in form and content by the City Attorney, and
recorded, as a deed restriction, with the Orange County Recorder's Office, prior to the
issuance of any building permits for such eligible housing development. The
agreement shall include all provisions as set forth in Orange Municipal Code Section
17.14.400 pertaining to the Affordability Agreement for a rental project.
22. Enforcement of the affordable housing agreement is subject to Section 17.14.420 of
the Orange Municipal Code.
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23. The subject approval does not include any provisions for financial assistance from the
City of Orange Redevelopment Agency. Any subsequent request shall be processed
and considered by the City in accordance with the Orange Municipal Code.
24. Expiration-If not utilized, this project approval expires two (2) years from the
approval date. An extension of time may be permitted upon a written request, if
received before the expiration deadline.
25. As an additional incentive to aid in the providing affordability to the project, the
subject project shall be exempt from all City of Orange development impact fees,
including Park Impact Fee, Library Fee, Fire Fee, Police Services Fee, and TSIP fee.
ADOPTED this 8th day of November, 2005.
y, r, City of Orange
ATTEST:
range
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 therefore held on the 8th day of November,
2005, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBERS: Smith, Ambriz, Murphy, Cavecche, Dumitru
COUNCILMEMBERS: None
COUNCILMEMBERS: None
COUNCILMEMBERS: None