NCORPORATED Agenda Item
City Council
Item #: 11.1. 12/8/2020 File #: 20-279
TO: Honorable Mayor and Members of the City Council
THRU: Rick Otto, City Manager
FROM: William Crouch, Community Development Director
1. SUBJECT
32-unit Cohen Residential Project located at 1997 N. Orange Olive Road and 301-347 E. Grove Avenue.
Time set for a public hearing to consider approval of Zone Change No. 1297-19, Tentative Tract Map No. 0049-19, Major Site Plan Review No. 0969-19, Design Review No. 4969-19, and Subsequent Mitigated Negative Declaration No. 1865-19.
2. SUMMARY
The applicant proposes to redevelop an existing 2.9-acre multi-tenant commercial shopping center site with 32, two-story detached residential condominium units, common open space, and related site improvements. Primary access to the site will be from an entrance driveway off E. Grove Avenue that connects to private interior roadways.
3. RECOMMENDED ACTION
1. Introduce and approve Ordinance No. 20-20 for First Reading. An Ordinance of the City Council approving Zone Change No. 1297-19 to change the zoning from Limited Business (C-1) to Residential Multifamily-Specific Plan [R-3 (SP)] and associated Amendment to the Orange Olive Specific Plan for property located at 1997 N. Orange Olive Road and 301-347 E. Grove Avenue.
2. Adopt Resolution No.11288. A Resolution of the City Council of the City of Orange adopting Subsequent Mitigated Negative Declaration No. 1865-19 and associated Mitigation Monitoring and Reporting Program, and approving Tentative Tract Map No. 0049-19, Major Site Plan Review No. 0969-19, and Design Review No. 4969-19 to redevelop an existing 2.9 acre multi-tenant commercial shopping center site with 32, two-story detached residential condominium units and related site improvements, located at 1997 N. Orange Olive Road and 301-347 E. Grove Avenue.
4. FISCAL IMPACT
None.
STRATEGIC PLAN GOALS
3. Enhance and promote quality of life in the community. c) Support and enhance attractive, diverse living environments.
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Item #: 11.1. 12/8/2020 File #: 20-279
6. DISCUSSION AND BACKGROUND
History
On November 10, 2015, the City Council adopted Mitigated Negative Declaration (MND) No. 1837- 14, and approved Zone Change No. 1274-14 to approve a zone change from Limited Business (C-1) to Residential Multifamily-Specific Plan [R-3 (SP)] and associated Orange Olive Residential Specific Plan, Tentative Tract Map No. 0033-14, Major Site Plan Review No. 077814, and Design Review No. 4749-14. Those approvals allowed the development of a 25-unit detached single-family residential condominium project on a 2.33-acre former RV storage yard, located at 2025 N. Orange Olive Road, referred to as Phase I of the Orange Olive Specific Plan. The applicant for that project was MBK Homes and the project has since been constructed and re-named Irving House.
Existing Site
The 2.9-acre project site is located at the northeast corner of N. Orange Olive Road and E. Grove Avenue, which is directly south of the Irving House project. The site is currently developed with an aging, single story, multi-tenant shopping center that has multiple tenant vacancies. There are public utility easements that run parallel to the northern property line where existing power poles are located, and a power pole located along the eastern property line. There are three existing driveway access points off of E. Grove Avenue and two along N. Orange Olive Road. There are no street trees along the N. Orange Olive Road frontage; however, the E. Grove Avenue frontage is lined with mature Jacaranda street trees.
Specific uses surrounding the site and their corresponding zoning are as follows:
North: Phase | project site (Irving House), consisting of 25, two-story detached residential condominium units, zoned R-3 (SP).
South: E. Grove Avenue, newly renovated Shaffer Park, and a City fire station, zoned Limited Business (C-1).
East: 1960's era duplex and single-family residences, zoned Residential Duplex, 6,000 square foot minimum lot size (R-2-6), and Single Family Residential, 8,000 square foot minimum lot size (R-1-8).
West: N. Orange Olive Road, the railroad corridor, and industrial uses, zoned Light Manufacturing (M-1).
The site is also within one-half mile of the Fairmeadow Eichler Tract Historic District.
Proposed Project
The proposed Phase I project is a request to allow for the redevelopment of the shopping center site with a similar development concept as Phase I, containing 32, two-story detached residential condominium units and related site improvements. The proposed residential units are configured in six, four-unit clusters around common motor court areas, with some units linearly situated on interior road segments. Six of the proposed residences have primary entryways that are accessed from the E. Grove Avenue frontage, providing a pedestrian oriented street scene and interface with Shaffer Park. The remaining units will have side entrances or face the interior roadways.
Detailed information regarding the unit types and floor plans are provided in the Planning Commission staff report (Attachment 7). The architectural design of the Phase II residential units is guided by and consistent with the Design Guidelines of the Orange Olive Specific Plan. There are three plan types, all with different architectural styles that draw elements from, and are inspired by City of Orange Page 2 of 5 Printed on 10/10/2022
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Item #: 11.1. 12/8/2020 File #: 20-279
Irving Gill architecture.
Primary access to the site is provided by an entrance driveway off E. Grove Avenue. This entry drive will connect to private interior roadways. The internal roadways include curb, gutter, sidewalks (on both sides of the entry drive and Road B), and intermittent landscaped planters. Each unit is provided with an attached two-car garage, and there are 28 open guest parking spaces, for a total of 92 parking spaces provided for the development.
The project features common landscape areas along the project street frontages and entry drive on E. Grove Avenue, as well as throughout the interior of the site. Although not a requirement of the Orange Olive Specific Plan, a common space park is provided at the end of the entry drive that contains amenities for the residents of the development, including a shade structure, picnic tables, double sided fireplace, and barbeque. In addition, each unit will be provided with a private yard enclosed by perimeter fencing. The main driveway entrance and common space park will incorporate enhanced paving and landscaping to provide for a visually appealing approach and view into the development. Common area landscaping would be maintained by the Homeowners Association (HOA, while landscape and hardscape in private yards would be installed and maintained by the homeowner. The landscape palette is a mix of low water use groundcover, vines, shrubs, and trees that complement the contemporary architectural style.
Zone Change/Amendment to the Orange Olive Specific Plan A zone change is proposed to change the site's zoning from Limited Business, C-1, to Multi-family Residential (Specific Plan), R-3(SP). The C-1 zone allows for general commercial uses, while the R-3 zone is intended for multi-family residential uses such as apartments, condominiums, and townhomes. The R-3 zone allows single-family residences, duplexes, and multi-family dwellings as permitted uses, among other uses.
The site has an existing General Plan land use designation of Low Medium Density Residential (LMDR), which allows for development of six to fifteen dwelling units per acre. According to Table LU- 3 in the General Plan Land Use Element, residential zoning districts including the R-2 and R-3 zones are compatible with the LMDR General Plan designation. As such, the site's existing C-1 zoning is not consistent with its existing General Plan land use designation. The proposed zone change would bring the zoning into consistency with the City's General Plan. Further, the project proposes a residential project at a density of eleven dwelling units per acre which is within the range allowed under the LMDR General Plan land use designation and the R-3 zoning.
The Orange Olive Specific Plan is a regulatory policy document that serves as the zoning for the Irving House property, and incorporates development standards similar to the R-3 standards, but with modified standards to accommodate a detached single-family condominium product type on a constrained infill development site. Key differences are in the areas of: lot size, lot width, lot depth, setbacks, lot coverage/floor area ratio, distance between buildings, minimum useable open space, and required parking. A detailed comparison of the development standards is provided in the Planning Commission staff report included as Attachment 7 to this report.
The Amendment to the Orange Olive Specific Plan (Attachment 6) proposes to expand the boundaries of the Specific Plan area in order to incorporate the proposed project site as Phase II, utilizing and adhering to the Specific Plan development standards and regulations. The total amended Specific Plan area (Phase | and Phase I) is 5.23 acres, and includes 57 units at a combined density of 10.9 dwelling units per acre, well below the fifteen dwelling units per acre allowed by the General Plan. The Specific Plan density bridges the gap between the traditional single City of Orange Page 3 of 5 Printed on 10/10/2022
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Item #: 11.1. 12/8/2020 File #: 20-279
-family residential neighborhoods and denser, multi-family apartments in the area.
Tentative Tract Map
The applicant is requesting approval of a Tentative Tract Map for Condominium Purposes to establish common areas and private "exclusive use areas" on the site. Exclusive use areas are established to provide private yards for each unit and in some cases a private porch or courtyard area at the entry of the unit. The Tentative Tract Map has been reviewed and found in compliance with the Subdivision Map Act and Orange Municipal Code (OMC) Title 16, Subdivisions.
Environmental Review
Because changes outside the scope of the Phase I project were not covered in the original MND adopted in 2015, Subsequent Mitigated Negative Declaration No. 1865-19 has been prepared for this project to evaluate the potential environmental impacts of this project in accordance with the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guideline 15070 and in conformance with the Local CEQA Guidelines. The Subsequent MND concludes that the project will have less than significant impacts on the environment with the implementation of mitigation measures related to Biological Resources, Cultural Resources, Geology and Soils, Noise, and Tribal Cultural Resources. The Subsequent MND is included as Attachment 5 to this report. In addition, a Mitigation Monitoring and Reporting Program has been prepared and is included as Attachment 2 in Resolution No. 11288.
The 30-day public review period was August 13, 2020 through September 14, 2020. The MND was made publicly available at the Community Development Department, City Clerk's office, and the City's website. A Notice of Intent (NOl) to Adopt a Subsequent Mitigated Negative Declaration was filed with the Orange County Clerk Recorder, posted at the site in two locations, mailed to 102 property owners and tenants within a 300 foot- radius of the project site and potentially affected cities, public agencies, and utility service providers, and published in the Orange City Newspaper on August 13, 2020.
Staff received eleven written comment letters during the public review period and prepared responses addressing environmental comments, included within Final Subsequent MND No. 1865-19 (Attachment 5).
Committee and Commission Review
The Design Review Committee (DRC) reviewed the subject proposal at the September 16, 2020 meeting and recommended approval of the project, with specified conditions, to the Planning Commission by a 5-0 vote. Minutes of the meeting are provided as Attachment 11. It should be noted that the applicant has revised the project plans following the DRC meeting to comply with the DRC's design-related conditions. As such, although the DRC conditions are listed in the Council Resolution (Attachment 2), the plans included in the Council packet have already been revised to comply with the majority of DRC conditions.
At the November 2, 2020 Planning Commission meeting, the Planning Commission recommended approval of the project to the City Council, subject to conditions of approval, by a 5-0 vote. Public comments were received expressing concerns regarding construction vibration or damage to an existing historic residential building to the east, property drainage, increased parking on E. Grove Avenue and N. Shaffer Street, backyard privacy along the east property line, project density, congestion, traffic, expansion of the Specific Plan boundaries, and the virtual Planning Commission meeting format due to Covid-19. In making its recommendation, the Planning Commission added the City of Orange Page 4 of 5 Printed on 10/10/2022
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Item #: 11.1. 12/8/2020 File #: 20-279
following language to Conditions 35 and 92 within Resolution No. 11288:
35. Prior to building permit issuance, the CC&R's shall stipulate the maintenance of the trees along the east property line for Lots 25 through 30 to retain visual screening of neighboring properties.
Trees (Brisbane Box and Italian Cypress) and landscape material along the east property line shall be maintained by the property owner in perpetuity in a neat and healthy condition.
Dead trees and landscape material shall be replaced by the property owner with a similar plant material at the earliest feasible time.
92. Prior to any grading permit issuance, a drainage report (hydrology study) per the Orange County Hydrology Manual is required for the project. The Drainage Report shall include hydrology calculations (AES software) for a ten-year and 100-year storm event and shall show flood protection goals for structures and streets per the Orange County Local Drainage Manual.
The applicant shall address on site drainage generated by neighboring properties to the east on the civil drawings. The drainage improvements shall demonstrate that captured water is carried to the street on Grove Avenue.
A copy of the Planning Commission meeting minutes is provided as Attachment 9.
7. ATTACHMENTS
• Attachment 1 Ordinance No. 20-20
• Attachment 2 City Council Resolution No. 11288 including Mitigation Monitoring and Reporting Program
• Attachment 3 Vicinity Map
Attachment 4 Site Photographs
Attachment 5 Final Subsequent MND No. 1865-19
• Attachment 6 Amendment to the Orange Olive Specific Plan • Attachment 7 November 2, 2020 Planning Commission Staff Report • Attachment 8 November 2, 2020 Planning Commission Resolution No. PC 29-20 • Attachment 9 November 2, 2020 Planning Commission Draft Meeting Minutes • Attachment 10 September 16, 2020 Design Review Committee Staff Report • Attachment 11 September 16, 2020 Design Review Committee Minutes • Attachment 12 Project Plans, and Colors and Materials Board, Date Stamped Received October 6, 2020
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City Council Minutes December 8, 2020
-10. ITEMS RELATING TO THE SUCCESSOR AGENCY TO THE ORANGE.
REDEVELOPMENT AGENCY-
None
11. PUBLIC HEARINGS
11.1. 32-unit Cohen Residential Project located at 1997N. Orange Olive Road and 301-347 E. Grove Avenue.
Time set for a public hearing to consider approval of Zone Change No. 1297-19, Tentative Tract Map No. 0049-19, Major Site Plan Review No. 0969-19, Design Review No. 4969-19, an el Subsequent Mitigated Negative Declaration No. 1865-19.
Mayor Murphy opened the Public Hearing at 7:48 p.m.
Public Comment
Ken Ryan, on behalf of the applicant, spoke in favor of the project. The applicant assured Council that there will be enough ground cover area for residents to walk their dogs, and discussed various options residents will have to interact with their pets outdoors.
Mayor Murphy closed the Public Hearing at 8:20 p.m.
A motion was made by Councilmember Monaco, seconded by Councilmember Alvarez, to Introduce and approve Ordinance No. 20-20 for First Reading. The motion carried by the following vote:
Ayes: Murphy, Alvarez, Nichols, Monaco, Barrios, Dumitru, and Gutierrez Noes:
Absent: None
Ordinance No. 20-20. An Ordinance of the City Council approving Zone Change No. 1297-19 to change zoning from Limited Business (C-1) to Residential Multifamily-Specific Plan [R-3 (SP)] and associated Amendment to the Orange Olive Specific Plan for property located at 1997 N. Orange Olive Road and 301-347 E. Grove A motion was made by Mayor Murphy, seconded by Mayor Pro Tem Nichols, to adopt Resolution No. 11288. The motion carried by the following vote:
Ayes: Murphy, Alvarez, Nichols, Monaco, Barrios, Dumitru, and Gutierrez Noes:
Absent: None
Subsequent Mitigated Negative Declaration No. 1865-19 and associated Mitigation Monitoring and Reporting Program, and approving Tentative Tract Map No. 0049-19,
2.9 acre multi-tenant commercial shopping center site with 32, two-story detached residential condominium units and related site improvements, located at