Loading...
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. 4 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. 3 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. 5 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. 7 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 x