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Attachment 6 February 23, 2023 Planning Commission Staff Report

Orange City Council
April 11, 2023

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Attachment 6 February 23, 2023 Planning Commission Staff Report
Meeting
April 11, 2023
Body
Orange City Council
Original file
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Text extracted from the city's file for reading and search. Open the original on cityoforange.legistar1.com. That file is the official record.

Agenda Item
Planning Commission
Item #: 6.2. 2/23/2023 File #: 22-0718
TO: Chair and Members of the Planning Commission
THRU: Anna Pehoushek, Assistant Community Development Director FROM: Monique Schwartz, Associate Planner

1. SUBJECT
Public Hearing: Conditional Use Permit No. 3138-21, Major Site Plan Review No. 1040-21, Design Review No. 5030-21, Administrative Adjustment No. 0051-21, and Mitigated Negative Declaration No. 1875-21 - Street Lights Mixed-Use Apartment Development, 840 The City Drive South including adoption of Mitigated Negative Declaration (MND) No. 1875-21 and associated Mitigation Monitoring and Reporting Program.

2. SUMMARY
The applicant proposes to demolish an existing multi-tenant retail building in order to construct a new 225-unit mixed-use apartment development with a ground floor retail/restaurant area, subterranean parking, surface parking, residential amenities, an open parking structure for the adjacent office complex use, and related site improvements. The applicant is also requesting an Administrative Adjustment to allow a reduction of 48 parking spaces and 670 square feet of open space.

3. RECOMMENDED ACTION
Adopt Planning Commission Resolution No. PC 33-22 entitled:

A Resolution of the Planning Commission of the City of Orange approving Conditional Use Permit No. 3138-21, Major Site Plan Review No. 1040-21, Design Review No. 5030-21, Administrative Adjustment No. 0051-21, and Mitigated Negative Declaration No. 1875-21 to demolish an existing retail building in order to construct a new 225-unit mixed-use apartment development, open parking structure for the adjacent office complex use, related site improvements, and a reduction of 48 parking spaces and 670 square feet of open space, located at 840 The City Drive South.

4. AUTHORIZING GUIDELINES
Orange Municipal Code (OMC) Sections 17.08.020, 17.10.030.C, 17.10.060.E, and 17.13.030 authorize the Planning Commission to review and take action on the subject applications and environmental documentation as described in the City’s environmental review guidelines. OMC Section 17.10.070 requires the approval of Design Review when a project requires Major Site Plan Review. OMC Section 17.10.050.D authorizes the Zoning Administrator to take action on adjustments of up to 10% of a development standard; however, footnote (b) of OMC Table 17.08.020 - Reviewing Bodies of the OMC states that when more than one type of application is filed for a single project, the application requiring the highest level of approval shall dictate the review process for the entire group of applications. Therefore, the Planning Commission is acting as the final approving body on all of the City of Orange Printed on 2/16/2023Page 1 of 17
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Item #: 6.2. 2/23/2023 File #: 22-0718
applications for the project.

5. PROJECT BACKGROUND
Applicant: SLR Orange Development, LLC / Scott Levy
Property Owner GPI-OCA, LLC / Jason Purvis
Property Location 840 The City Drive South
Existing General Plan Land Use
Element Designation
Urban Mixed Use, 30-60 dwelling units/acre, 1.5-3.0 FAR (UMIX) Existing Zoning Classification Urban Mixed Use (UMU)
Old Towne No
Specific Plan/PC NA
Site Size 255,262 square feet (5.86 acres)
Circulation The site is currently accessed via an existing driveway and divided two- way shared drive aisle off of The City Drive South, and an existing shared driveway along Garden Grove Boulevard, approximately 189 feet west of the intersection of Garden Grove Boulevard and The City Drive South. The City’s Master Plan of Streets and Highways identifies The City Drive South as a Major Arterial (6 lanes divided) with an ultimate right of way width of 120 feet. Garden Grove Boulevard is considered a Primary Arterial (4 lanes divided) with an ultimate right of way width of 100 feet. The Orange County Transportation Authority (OCTA) currently provides public transit to the project site. The project site is located 125 feet north of a bus stop for Bus Route 56 (Garden Grove to Orange), located at the southwest corner of the intersection of Garden Grove Boulevard and The City Drive South. Additionally, a stop for Bus Route 57 (Brea to Newport Beach) is located 110 feet east of the project site. Both bus stops are accessible from the site via crosswalks on Garden Grove Boulevard and The City Drive South. A bus stop for Bus Routes 47 and 47A (Fullerton to Balboa) are located at the intersection of South Lewis Street and Garden Grove Boulevard, 0.35 mile west of the project site. The Santa Ana River Trail Bikeway is located approximately 291 feet east of the project site. The City’s Bikeway Master Plan identifies this bikeway as an Existing Class 1 (Off Street) bikeway.

Existing Conditions The project site includes three parcels totaling 5.86-acres. The site is currently developed with a 12,923 square foot single-story multi- tenant commercial building, a 98,800 square foot four-story office building (790 The City Drive South), shared two-way entry drive and circular turn-about, surface parking, landscaping, and site improvements. The 5.86-acre site is part of a larger 15.1-acre office complex consisting of a 98,800 square foot four-story office building (750 The City Drive South), a 189,600 square foot eight-story office building (770 The City Drive South), perimeter storage buildings totaling 5,495 square feet, open structured and surface parking with 1,420 spaces, and related site improvements. An existing three-story hotel to the north, and three-story office building to the west are not part of the proposed project or larger 15.1-acre office complex site.

Surrounding Land Uses and
Zoning
To the north of the project site is the larger multi-building office complex, surface parking lot, and three-story hotel (Best Western Plus) zoned Urban Mixed Use (UMU). Further north, beyond the office complex and hotel is West Park Central Avenue, a three-story senior assisted living/memory care facility (Oakmont of Orange), and two- story multi-family residential uses zoned Urban Mixed Use (UMU) and Residential Duplex, 6,000 square feet (R-2-6). To the south is Garden Grove Boulevard. Further south is a two-story apartment development (Vista Del Rio) and one-story single-family residences in the City of Santa Ana. To the east is The City Drive South. Further east is a four- story office building and surface parking, and the Santa Ana River zoned Urban Mixed Use (UMU) and Recreation Open Space (R-O). To the west, is a two-story office building (3707 W. Garden Grove Boulevard) and surface parking lot zoned Urban Mixed Use (UMU).

Further west are duplex and multi-family residences and South Park Vine Street zoned Residential Duplex, 6,000 square feet (R-2-6) and Residential Multi-family (R-4).

Previous
Applications/Entitlements
Staff located numerous entitlements related to the larger office complex site, including 720, 750, 760, 790, and 840 The City Drive South to include the following: On December 14, 1976, the City Council denied Zone Change No. 795, a request to change zoning from C-P to RMM-6,000. On February 26, 1985, the City Council denied General Plan Amendment No. 1-84-A, Zone Change No. 1011 (from C-2 to RMM-6,000), and Conditional Use Permit No. 1326, a request to allow for a density bonus to construct 572 three-story apartments at 500 sq. ft. each. On November 18, 1985, the Planning Commission approved Conditional Use Permit No. 1471, a request to allow for the construction of one, eight-story office building, two four-story office buildings, one five-story hotel, and a one-story restaurant. On June 16, 1986, the Planning Commission approved Conditional Use Permit No. 1519, a request to allow construction of a three-story, 124 room hotel with 25% kitchen units. In June, 1986, the City Council approved Tentative Parcel Map No. 86-168 to subdivide the 19.43 acre site into 6 contiguous parcels. On September 15, 1986, the Planning Commission approved Conditional Use Permit No. 1536, a request to allow creation of one lot (lot #2) without frontage on a public street. On December 18, 1986, the Zoning Administrator approved Conditional Use Permit No. 1561, a request to create one lot without direct frontage on a public street. On October 29, 1987, the Zoning Administrator approved Conditional Use Permit No. 1634, a request to permit the sale of beer and wine in an employee cafeteria, located at 790 The City Drive South. On June 7, 1990, the Zoning Administrator approved Conditional Use Permit No. 1846-90, a request for an on-sale Alcoholic Beverage Control License in a hotel (Woodfin Suites). On October 16, 1995, the Planning Commission approved Conditional Use Permit No. 2125-95, a request for on-premise sale of beer and wine within a restaurant, located at 840 The City Drive South. On April 4, 2001, the Design Review Committee approved Design Review No. 3632, a request to renovate existing free-standing signs for a commercial center. On June 15, 2011, the Design Review Committee approved Design Review No. 4540-11, a request to modify an existing sign program and make changes to existing landscaping at an office/retail complex consisting of four buildings.

City of Orange Printed on 2/16/2023Page 2 of 17
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Item #: 6.2. 2/23/2023 File #: 22-0718
Applicant: SLR Orange Development, LLC / Scott Levy
Property Owner GPI-OCA, LLC / Jason Purvis
Property Location 840 The City Drive South
Existing General Plan Land Use
Element Designation
Urban Mixed Use, 30-60 dwelling units/acre, 1.5-3.0 FAR (UMIX) Existing Zoning Classification Urban Mixed Use (UMU)
Old Towne No
Specific Plan/PC NA
Site Size 255,262 square feet (5.86 acres)
Circulation The site is currently accessed via an existing driveway and divided two- way shared drive aisle off of The City Drive South, and an existing shared driveway along Garden Grove Boulevard, approximately 189 feet west of the intersection of Garden Grove Boulevard and The City Drive South. The City’s Master Plan of Streets and Highways identifies The City Drive South as a Major Arterial (6 lanes divided) with an ultimate right of way width of 120 feet. Garden Grove Boulevard is considered a Primary Arterial (4 lanes divided) with an ultimate right of way width of 100 feet. The Orange County Transportation Authority (OCTA) currently provides public transit to the project site. The project site is located 125 feet north of a bus stop for Bus Route 56 (Garden Grove to Orange), located at the southwest corner of the intersection of Garden Grove Boulevard and The City Drive South. Additionally, a stop for Bus Route 57 (Brea to Newport Beach) is located 110 feet east of the project site. Both bus stops are accessible from the site via crosswalks on Garden Grove Boulevard and The City Drive South. A bus stop for Bus Routes 47 and 47A (Fullerton to Balboa) are located at the intersection of South Lewis Street and Garden Grove Boulevard, 0.35 mile west of the project site. The Santa Ana River Trail Bikeway is located approximately 291 feet east of the project site. The City’s Bikeway Master Plan identifies this bikeway as an Existing Class 1 (Off Street) bikeway.

Existing Conditions The project site includes three parcels totaling 5.86-acres. The site is currently developed with a 12,923 square foot single-story multi- tenant commercial building, a 98,800 square foot four-story office building (790 The City Drive South), shared two-way entry drive and circular turn-about, surface parking, landscaping, and site improvements. The 5.86-acre site is part of a larger 15.1-acre office complex consisting of a 98,800 square foot four-story office building (750 The City Drive South), a 189,600 square foot eight-story office building (770 The City Drive South), perimeter storage buildings totaling 5,495 square feet, open structured and surface parking with 1,420 spaces, and related site improvements. An existing three-story hotel to the north, and three-story office building to the west are not part of the proposed project or larger 15.1-acre office complex site.

Surrounding Land Uses and
Zoning
To the north of the project site is the larger multi-building office complex, surface parking lot, and three-story hotel (Best Western Plus) zoned Urban Mixed Use (UMU). Further north, beyond the office complex and hotel is West Park Central Avenue, a three-story senior assisted living/memory care facility (Oakmont of Orange), and two- story multi-family residential uses zoned Urban Mixed Use (UMU) and Residential Duplex, 6,000 square feet (R-2-6). To the south is Garden Grove Boulevard. Further south is a two-story apartment development (Vista Del Rio) and one-story single-family residences in the City of Santa Ana. To the east is The City Drive South. Further east is a four- story office building and surface parking, and the Santa Ana River zoned Urban Mixed Use (UMU) and Recreation Open Space (R-O). To the west, is a two-story office building (3707 W. Garden Grove Boulevard) and surface parking lot zoned Urban Mixed Use (UMU).

Further west are duplex and multi-family residences and South Park Vine Street zoned Residential Duplex, 6,000 square feet (R-2-6) and Residential Multi-family (R-4).

Previous
Applications/Entitlements
Staff located numerous entitlements related to the larger office complex site, including 720, 750, 760, 790, and 840 The City Drive South to include the following: On December 14, 1976, the City Council denied Zone Change No. 795, a request to change zoning from C-P to RMM-6,000. On February 26, 1985, the City Council denied General Plan Amendment No. 1-84-A, Zone Change No. 1011 (from C-2 to RMM-6,000), and Conditional Use Permit No. 1326, a request to allow for a density bonus to construct 572 three-story apartments at 500 sq. ft. each. On November 18, 1985, the Planning Commission approved Conditional Use Permit No. 1471, a request to allow for the construction of one, eight-story office building, two four-story office buildings, one five-story hotel, and a one-story restaurant. On June 16, 1986, the Planning Commission approved Conditional Use Permit No. 1519, a request to allow construction of a three-story, 124 room hotel with 25% kitchen units. In June, 1986, the City Council approved Tentative Parcel Map No. 86-168 to subdivide the 19.43 acre site into 6 contiguous parcels. On September 15, 1986, the Planning Commission approved Conditional Use Permit No. 1536, a request to allow creation of one lot (lot #2) without frontage on a public street. On December 18, 1986, the Zoning Administrator approved Conditional Use Permit No. 1561, a request to create one lot without direct frontage on a public street. On October 29, 1987, the Zoning Administrator approved Conditional Use Permit No. 1634, a request to permit the sale of beer and wine in an employee cafeteria, located at 790 The City Drive South. On June 7, 1990, the Zoning Administrator approved Conditional Use Permit No. 1846-90, a request for an on-sale Alcoholic Beverage Control License in a hotel (Woodfin Suites). On October 16, 1995, the Planning Commission approved Conditional Use Permit No. 2125-95, a request for on-premise sale of beer and wine within a restaurant, located at 840 The City Drive South. On April 4, 2001, the Design Review Committee approved Design Review No. 3632, a request to renovate existing free-standing signs for a commercial center. On June 15, 2011, the Design Review Committee approved Design Review No. 4540-11, a request to modify an existing sign program and make changes to existing landscaping at an office/retail complex consisting of four buildings.

City of Orange Printed on 2/16/2023Page 3 of 17
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Item #: 6.2. 2/23/2023 File #: 22-0718
Applicant: SLR Orange Development, LLC / Scott Levy
Property Owner GPI-OCA, LLC / Jason Purvis
Property Location 840 The City Drive South
Existing General Plan Land Use
Element Designation
Urban Mixed Use, 30-60 dwelling units/acre, 1.5-3.0 FAR (UMIX) Existing Zoning Classification Urban Mixed Use (UMU)
Old Towne No
Specific Plan/PC NA
Site Size 255,262 square feet (5.86 acres)
Circulation The site is currently accessed via an existing driveway and divided two- way shared drive aisle off of The City Drive South, and an existing shared driveway along Garden Grove Boulevard, approximately 189 feet west of the intersection of Garden Grove Boulevard and The City Drive South. The City’s Master Plan of Streets and Highways identifies The City Drive South as a Major Arterial (6 lanes divided) with an ultimate right of way width of 120 feet. Garden Grove Boulevard is considered a Primary Arterial (4 lanes divided) with an ultimate right of way width of 100 feet. The Orange County Transportation Authority (OCTA) currently provides public transit to the project site. The project site is located 125 feet north of a bus stop for Bus Route 56 (Garden Grove to Orange), located at the southwest corner of the intersection of Garden Grove Boulevard and The City Drive South. Additionally, a stop for Bus Route 57 (Brea to Newport Beach) is located 110 feet east of the project site. Both bus stops are accessible from the site via crosswalks on Garden Grove Boulevard and The City Drive South. A bus stop for Bus Routes 47 and 47A (Fullerton to Balboa) are located at the intersection of South Lewis Street and Garden Grove Boulevard, 0.35 mile west of the project site. The Santa Ana River Trail Bikeway is located approximately 291 feet east of the project site. The City’s Bikeway Master Plan identifies this bikeway as an Existing Class 1 (Off Street) bikeway.

Existing Conditions The project site includes three parcels totaling 5.86-acres. The site is currently developed with a 12,923 square foot single-story multi- tenant commercial building, a 98,800 square foot four-story office building (790 The City Drive South), shared two-way entry drive and circular turn-about, surface parking, landscaping, and site improvements. The 5.86-acre site is part of a larger 15.1-acre office complex consisting of a 98,800 square foot four-story office building (750 The City Drive South), a 189,600 square foot eight-story office building (770 The City Drive South), perimeter storage buildings totaling 5,495 square feet, open structured and surface parking with 1,420 spaces, and related site improvements. An existing three-story hotel to the north, and three-story office building to the west are not part of the proposed project or larger 15.1-acre office complex site.

Surrounding Land Uses and
Zoning
To the north of the project site is the larger multi-building office complex, surface parking lot, and three-story hotel (Best Western Plus) zoned Urban Mixed Use (UMU). Further north, beyond the office complex and hotel is West Park Central Avenue, a three-story senior assisted living/memory care facility (Oakmont of Orange), and two- story multi-family residential uses zoned Urban Mixed Use (UMU) and Residential Duplex, 6,000 square feet (R-2-6). To the south is Garden Grove Boulevard. Further south is a two-story apartment development (Vista Del Rio) and one-story single-family residences in the City of Santa Ana. To the east is The City Drive South. Further east is a four- story office building and surface parking, and the Santa Ana River zoned Urban Mixed Use (UMU) and Recreation Open Space (R-O). To the west, is a two-story office building (3707 W. Garden Grove Boulevard) and surface parking lot zoned Urban Mixed Use (UMU).

Further west are duplex and multi-family residences and South Park Vine Street zoned Residential Duplex, 6,000 square feet (R-2-6) and Residential Multi-family (R-4).

Previous
Applications/Entitlements
Staff located numerous entitlements related to the larger office complex site, including 720, 750, 760, 790, and 840 The City Drive South to include the following: On December 14, 1976, the City Council denied Zone Change No. 795, a request to change zoning from C-P to RMM-6,000. On February 26, 1985, the City Council denied General Plan Amendment No. 1-84-A, Zone Change No. 1011 (from C-2 to RMM-6,000), and Conditional Use Permit No. 1326, a request to allow for a density bonus to construct 572 three-story apartments at 500 sq. ft. each. On November 18, 1985, the Planning Commission approved Conditional Use Permit No. 1471, a request to allow for the construction of one, eight-story office building, two four-story office buildings, one five-story hotel, and a one-story restaurant. On June 16, 1986, the Planning Commission approved Conditional Use Permit No. 1519, a request to allow construction of a three-story, 124 room hotel with 25% kitchen units. In June, 1986, the City Council approved Tentative Parcel Map No. 86-168 to subdivide the 19.43 acre site into 6 contiguous parcels. On September 15, 1986, the Planning Commission approved Conditional Use Permit No. 1536, a request to allow creation of one lot (lot #2) without frontage on a public street. On December 18, 1986, the Zoning Administrator approved Conditional Use Permit No. 1561, a request to create one lot without direct frontage on a public street. On October 29, 1987, the Zoning Administrator approved Conditional Use Permit No. 1634, a request to permit the sale of beer and wine in an employee cafeteria, located at 790 The City Drive South. On June 7, 1990, the Zoning Administrator approved Conditional Use Permit No. 1846-90, a request for an on-sale Alcoholic Beverage Control License in a hotel (Woodfin Suites). On October 16, 1995, the Planning Commission approved Conditional Use Permit No. 2125-95, a request for on-premise sale of beer and wine within a restaurant, located at 840 The City Drive South. On April 4, 2001, the Design Review Committee approved Design Review No. 3632, a request to renovate existing free-standing signs for a commercial center. On June 15, 2011, the Design Review Committee approved Design Review No. 4540-11, a request to modify an existing sign program and make changes to existing landscaping at an office/retail complex consisting of four buildings.

6. PROJECT DESCRIPTION
The 5.86-acre project site is located at the northwest corner of Garden Grove Boulevard and The City Drive South and is currently developed with a 12,923-square-foot one-story multi-tenant commercial building, a 98,800-square-foot four-story office building, and surface parking lot. The project site is part of a larger 15.1-acre office complex containing four story and eight-story buildings, structured and surface parking, landscaping, and related site improvements.

The applicant proposes to demolish the existing 12,923 square foot, one-story multi-tenant commerical building and surface parking lot in order to construct a new 225-unit vertical mixed-use apartment development, including 9,000 square feet of ground level retail/restaurants, a 421 space, City of Orange Printed on 2/16/2023Page 4 of 17
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Item #: 6.2. 2/23/2023 File #: 22-0718
apartment development, including 9,000 square feet of ground level retail/restaurants, a 421 space, three-level subterranean parking structure beneath the footprint of the building, 13 parallel surface parking spaces, residential amenities, and related site improvements. A 145 space two-story open parking structure for the adjacent office complex use is also proposed to replace the parking that is being displaced by the project.

The 5.86 acre project site is comprised of three parcels: Parcel 3 (2.99 acres), Parcel 5 (0.95 acres), and Parcel 6 (1.92 acres). The parcels collectively represent the project site given the shared easements linking the parcels together for purposes of vehicular access, utilities, water quality features, and emergency access. A lot line adjustment is proposed to the southeast corner parcel (Parcel 6) to accommodate the new mixed-use apartment development and for property ownership purposes.

The General Plan Urban Mixed Use land use designation allows a density of 30-60 dwelling units per acre. The project represents a density of 38 dwelling units per acre and is in compliance with the density permitted within the zone.

The UMU zone has a minimum 1.5 and maximum 3.0 Floor Area Ratio (FAR) range for non- residential uses. The existing project site currently has a nonconforming 0.44 FAR. The proposed project [790 The City Drive South Office Building (98,800 square feet) plus the commercial component of the mixed-use development (9,000 square feet)] results in a 0.50 FAR, which does not meet the minimum 1.5 FAR for the zone. OMC Section 17.19.120(b), however, provides an exception for new infill development when located on a site with existing structures, where the proposed development together with the existing development falls below the required FAR for the site. The overall development is not required to conform with the Code required FAR provided that the new development with the existing development brings the site into closer conformance with City standards. In this case, the proposed project 0.50 FAR is in closer conformance with City standards than the existing development at 0.44 FAR. If Staff considers the spirit and intent of the Urban Mixed Use zone and the proposed integrated commercial and residential development together, the project is even closer in conformance with a 1.4 FAR.

The new mixed-use apartment building is designed to safely interface with the adjacent street frontages. Apartment units and residential amenity courtyards are elevated on a five-foot podium which allows for a separation of the apartment units from roadway traffic and the sidewalk, as well as increased safety from the heavily trafficked intersection of Garden Grove Boulevard and The City Drive South. Access to the individual units will be from basement level parking to an interior corridor system, stair/stoop entries along the west side of the building, and two interior stairway access points off the sidewalk along The City Drive South. Each apartment is provided with Code required storage within the unit, or an assigned lockable storage unit within the subterranean parking garage. The majority of units have a private balcony or patio with views toward the interior courtyards, office complex interior, or street frontages.

Proposed Apartment Unit Sizes
Apartment Type Size Total Units
Studio 558-680 sq. ft. 36
One Bedroom 603-868 sq. ft. 102
Two Bedroom 1,039-1,533 sq. ft. 87
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Residential common amenities include a fitness center that will be shared with the adjacent office complex, club house and lounge area, landscaped pool/spa courtyard, and passive open courtyard equipped with a shade structure, barbeque counters, outdoor kitchen/bar area, fire pits, outdoor seating with umbrellas, pet lounge, and pet park. An integrated ground level retail/restaurant area will be located on the north side of the building, oriented to the primary vehicular accss to the larger complex. This frontage also incoporates outdoor dining and a public eating area. While no tenants have been identified at this time, it is anticipated that the space will be used for small retail and/or take-out restaurant use.

The applicant is proposing streetscape enhancements on the site frontages along The City Drive South and Garden Grove Boulevard consisting of trees and landscaped planters. Existing street trees will remain or be replaced as needed, and new street trees are proposed. The frontage landscaping is intended to provide a friendly pedestrian-oriented interface with the sidewalk and building.

The applicant is requesting approval of a Conditional Use Permit for increased building height, and an Administrative Adjustment to allow for a 48 space (10%) reduction in required parking and a 670- square-foot (0.98%) reduction in open space for the project.

The project also includes a new 43,059-square-foot, two-story open parking structure with 145 parking spaces to replace parking lost from implementation of the mixed-use development. The parking structure will be located west of the mixed-use project and parallel to the south property line, and will be used by the office building at 790 The City Drive South as well as the overall existing office complex.

Site and Building Design/Architecture
The project has a pedestrian oriented design, whereby the mixed-use component of the project is located close to the street, with apartment units and residential amenity courtyards slightly elevated on a five-foot podium with stairway access along the eastern frontage (The City Drive South), and stair/stoop access to apartment entries on the west side (parking lot/office complex), allowing for increased comfort of a residential interface along the busy street frontage and office complex interior.

The building is designed around two apartment amenity couryards, the larger of which is exposed to the eastern edge. This allows for a visual break in the perceived length of the project, creating the appearance of smaller walkable buildings along The City Drive South frontage.

The proposed sidewalk interface of the project along The City Drive South consists of a 5 to10-foot exposure of the podium parking wall, with active elevated common open space areas above (pool courtyard and dog park). This condition represents a blended approach to minimizing the building wall setback while also activating and creating pedestian-oriented development. (Attachment 12 - Sheets A1.030 and A1.034C)
The main entrance (leasing office) to the building is oriented to the street sidewalk along Garden Grove Boulevard and is designed as a quasi-public plaza with enhanced landscaping, bench seating, and decorative monument signage. Outdoor dining and public seating are integrated along the northern edge, which creates an attractive and appealing link for pedestrians who may be walking to the site from other offices or residential areas in the vicinity. There will be a new traffic signal with associated crosswalk at the main driveway entrance along The City Drive South that will provide additional pedestrian connectivity between the project and offices to the east. The project also takes into consideration the City’s Urban Mixed Use land use designation and the future development City of Orange Printed on 2/16/2023Page 6 of 17
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Item #: 6.2. 2/23/2023 File #: 22-0718
into consideration the City’s Urban Mixed Use land use designation and the future development objectives of the West Chapman Avenue/Uptown Orange General Plan Focus Area in that the project integrates with surrounding retail, professional offices, and residential development, provides high density innovative housing options, has convenient access to surrounding uses and transit stops, considers existing pedestiran activity in relation to adjacent office and retail uses, as well as future pedestrian activity that is expected to increase over time as infill development occurs in the area.

Access/Circulation
Vehicular access is provided via an existing driveway and divided two-way shared drive aisle with a new traffic signal off of The City Drive South, and an existing shared driveway along Garden Grove Boulevard, approximately 189 feet west of the intersection of Garden Grove Boulevard and The City Drive South. These access points connect to interior drive aisles that lead to subterranean parking spaces accessed on the west side, and parallel surface spaces along the north and west sides of the mixed-use building.

The proposed two-story open parking structure provides vehicle ramp access off the west side of the structure for existing office complex tenants and visitors.

Architecture
The project features a modern architectural style that reflects an urban mixed-use housing aesthetic.

The ground level incorporates store front windows with metal awnings to help activate the street frontages. The north portion of the building is six stories in height (75 feet), while the middle and southern portions are five stories (63 feet-4 inches), allowing for better integration with the existing on -site commercial office buildings, four-story office building to the east, and two-story apartments and single family residences to the south across Garden Grove Boulevard in the City of Santa Ana. The scale of the project is well-suited to the expansive widths of The City Drive South and Garden Grove Boulevard. This combined with the orientation of the building to the streets, helps to define the street edge and anchors the southern gateway to the Uptown Orange mixed-use district.

Architectural features include varied flat roof lines, extensive use of windows and balconies, alternating wall planes and vertical and horizontal accent details. The use of a variety of exterior building materials also contributes to this distinctive architectual style, including painted stucco, vinyl windows, metal railings at balconies, metal awnings over ground level aluminum store front windows, fiber cement siding and trim, stone veneer, cast stone base, smooth and boardform textured concrete, and decorative metal screening on the south elevation. The building will incorporate a coordinated color scheme in shades of beige, gray, and brown.

Although the project presents a contemporary architectural style that differs from the existing brick clad office development, the scale of the building, incorporation of a flat roof design, use of coordinating exterior materials, and warm color tones lend to a visually integrated condition despite being different.

The proposed two-story (15 feet-10 inches) open parking structure will coordinate with the existing office complex buildings and open parking structure. Exterior finishes will include natural gray concrete and red brick veneer.

Streetscape and Landscape
The proposed project contributes to the existing office complex streetscape by providing an updated pedestrian friendly interface along both street frontages. Due to the position of the building on the City of Orange Printed on 2/16/2023Page 7 of 17
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Item #: 6.2. 2/23/2023 File #: 22-0718
pedestrian friendly interface along both street frontages. Due to the position of the building on the site, some existing landscaping will be removed, including 63 mature trees in order to accommodate the new mixed-use development and open parking structure.

The project incorporates a variety of water efficient plant material along the street frontages, perimeter boundaries, and project interior including a total of 70 new trees. Streetscape treament along The City Drive South includes a 5-foot wide landscape buffer, and planters between the public sidewalk and minimum 5-foot tall boardformed textured concrete podium wall that will include a mix of trees, shrubs, and groundcover. The quasi-public plaza along the Garden Grove Boulevard frontage will include accent trees and landscape planters to accentuate the main project entrance.

Street trees will include retention of existing and new street trees along both street frontages. The proposed streetscape landscaping will articulate and soften the five and six-story building design and provide a friendly pedestian oriented interface with the building and sidewalk.

Landscape treatment in the commercial outdoor dining and quasi-public plaza areas along the north property line includes foundation planters along the building frontage, and planters along the sidewalk and parallel parking spaces. The public sidewalk along the Garden Grove street frontage will connect to a landscaped pedestrian pathway on the west side of the building that leads to parallel guest parking, stair/stoop entires to residential units, and linkage of residetial units to the retail area on the north and other commercial center businesses. The trees and foundation landscaping along the north and west sides will enhance the building elevations, as well as provide a visual buffer for the adjacent hotel to the north, and the 790 The City Drive South office building to the west.

The amenity courtyards and project interior will consist of landscape planters that contain a mix of accent trees and similar shrubs and groundcover. The amenity courtyards, outdoor dining and public seating areas on the north side, and public plaza on the south side will contain enhanced paving. The pedestrian pathways that provide connectivity throughout the project will consist of natural gray concrete paving.

The proposed two-story open parking structure will be screened along the Garden Grove Boulevard street frontage with foundation planting, existing mature trees, and street trees.

Detailed information about the project landscape palette, including tree, shrub, and groundcover species is provided in Attachment 4.

Lighting
The project provides conceptual exterior lighting for the project. LED wall mounted light fixtures, bollards for pedestrian walkways, ground mounted decorative lighting for landscape and architectural features, overhead festoon lighting in the amenity courtyards, step lights for outdoor stairways, and light poles in a bronze or black finish will be provided in the residential, commercial, and associated parking areas. All project lighting will be shielded and oriented to prevent glare or light spillage onto neighboring properties. The proposed fixture styles are contemporary and compatible with the architecture of the building and parking structure.

Signage/Wall Graphics
Conceptual signage and wall graphics are included for illustrative purposes and are not part of this project proposal. Monument signage including oversized letters with the project name is proposed at the southeast corner of the site at the intersection of Garden Grove Bouelvard and The City Drive South. Enlarged wall graphics are proposed to be included on the east elevation facing The City City of Orange Printed on 2/16/2023Page 8 of 17
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South. Enlarged wall graphics are proposed to be included on the east elevation facing The City Drive South.

Overall, the project’scoordinated architectural style, use of matching colors and materials, as well as landscape and streetscape design as proposed presents an overall integrated design theme.

Development Standards
Required/Permitted Proposed Code Section
Lot Area 40,000 sq. ft. for newly created
lots
No newly created lots
proposed. Parcel 3: 130,244
sq. ft. (2.99 acres) Parcel 5:
41,382 sq. ft. (0.95 acres)
Parcel 6: 83,635 sq. ft. (1.92
acres)

17.19.120
Lot Width 100 ft. for newly created lots No newly created lots proposed. Parcel 3: 215 -
327 ft. Parcel 5: 46 - 156 ft.

Parcel 6: 373 ft.

17.19.120
Residential Density 30-60 dwelling units/acre 38.4 dwelling units/acre 17.19.120 Building Height 45 ft. - 3 stories unless greater
height is approved via a
Conditional Use Permit
Mixed-Use Building: 63 ft. -
75 ft. Conditional Use
Permit applied Open
Parking Structure: 16 ft.

17.19.120
Distance between
structures with building
height of 61-80 ft.
25 ft. window wall to window
wall 25 ft. window wall to non-
window wall 15 ft. non-
window wall to non-window
wall
76 - 125 ft. 17.19.090
Floor Area Ratio (FAR) for
non-residential

1.5 - 3.0 max (Note: Where the
proposed new infill
development, together with
existing development falls
below the required minimum
FAR for the site, the overall
development shall not be
required to conform, provided
the new development together
with the existing development
brings the site into closer
conformance with City
standards.)
Existing Office Complex: 0.61
FAR Existing Project Site:

0.44 FAR Proposed Project:

Commercial: 0.50 FAR
Proposed Project:

Commercial plus Residential:

1.4 FAR

17.19.120,

17.19.120(b)
Fence height 42 in. - front yard or corner
side yard. 6 ft. - All other areas
Pool courtyard fencing along
The City Drive South: 6 ft.
after 10 ft. setback

17.12.070
Landscaping Setbacks and open areas of the
site not occupied by buildings
shall be landscaped, including
surface parking lot areas.
58,104 sq. ft. (open space
areas, streetscape, and
hardscape) 2,710 sq. ft.
(surface parking lot area)

17.19.160
Minimum Open Space,
Residential (Total
includes common open
space plus private open
space)
15% of total floor area of
dwelling units shall be provided
as private and/or common
open space = 31,178 sq. ft. A
maximum of 25% of the total
open space requirement may
be satisfied by 40 sq. ft. private
open space = 7,795 sq. ft.

Common open space shall have
recreational amenities at a
ratio of one for every 25 units =
9 amenities
30,509 sq. ft. Administrative
Adjustment for 670 square
foot (0.98%) deficiency
applied. 17,126 sq. ft. of
qualifying private open space
Patio size: 40 sq. ft.

Balcony size: 60-118 sq. ft.
18 to include: · Fitness
Facility · Indoor Lounge (2) ·
Indoor clubhouse · Pool ·
Spa · Fire pit (2) · Outdoor
lounge seating (4) ·
Barbeque counters (2) ·
Outdoor kitchen · Dog park
area · Quasi-public plaza
areas (2)

17.19.080.E.1.
b
Secured Storage 120 cu. ft. min./ unit Must be
in addition to cabinets and
closets typically found within a
unit (such as kitchen and
bathroom cabinets, clothes
and linen closets)
120 - 148 cu. ft. / unit 99
storage units provided in unit
126 storage units provided in
garage

17.14.140
Parking Mixed-Use
Building
Studio: 1.2 spaces/unit 1
Bedroom: 1.7 spaces/unit 2
Bedrooms: 2 spaces/unit
Guest: 0.2 spaces/unit
Retail/Take-out Restaurant: 5
spaces/1,000 sq. ft. Resident:
391 spaces Guest:
45 spaces Retail/Restaurant: 45
spaces Total Required: 481
spaces Motorcycle: 300 sq. ft.
for 50+ units Bike: 2 bike racks
for 5 bikes each Loading area
for non-residential uses with 1-
50 parking spaces: 10 ft. x 40 ft.
434 spaces Administrative
Adjustment applied for 10%
deficiency (48 spaces)
Residential: 300 sq. ft.

Commercial: 50 sq. ft.

Residential: 2 racks for 10
bikes Commercial: 1 rack for
5 bikes 10 ft. x 60 ft.

17.34.060.A,

17.34.060.B,

17.34.080,

17.34.160
Parking for 750, 770,
and 790 Office Buildings
3 spaces/1,000 sq. ft. of gross
floor area (387,200 sq. ft.) =
1,162 spaces 2 space/1,000 sq.
ft. of gross storage area (5,495
sq. ft.) = 11 spaces Total
Required: 1,173 spaces
1,305 spaces (132 extra
spaces)
Table

17.34.060.B
Setback, Front (The City
Drive South)
10 ft. max. Up to 20 ft. where
sidewalk oriented pedestrian
amenities are provided.

Mixed-Use Building (Parcel
6): 5 ft. as measured to
raised podium. Open Parking
Structure (Parcel 3): 75 ft. - 9
in.

17.19.120
Setback, Rear 0 ft. Mixed-Use Building (Parcel
6): 14 ft. - 18 ft. - 9 in. Open
Parking Structure (Parcel 3):
17 ft. - 6 in.

17.19.120
Setback, Street Side
(Garden Grove
Boulevard)
10 ft. max. Up to 20 ft. where
sidewalk oriented pedestrian
amenities are provided.

Mixed-Use Building (Parcel
6): 10 ft. min. Open Parking
Structure (Parcel 3): 9 ft. min.

17.19.120
Setback, Side Interior
(North Property Line)
0 ft. Mixed-Use Building (Parcel
6): 26 ft. Open Parking
Structure (Parcel 3): 138 ft.

17.19.120
City of Orange Printed on 2/16/2023Page 9 of 17
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Item #: 6.2. 2/23/2023 File #: 22-0718
Required/Permitted Proposed Code Section
Lot Area 40,000 sq. ft. for newly created
lots
No newly created lots
proposed. Parcel 3: 130,244
sq. ft. (2.99 acres) Parcel 5:
41,382 sq. ft. (0.95 acres)
Parcel 6: 83,635 sq. ft. (1.92
acres)

17.19.120
Lot Width 100 ft. for newly created lots No newly created lots proposed. Parcel 3: 215 -
327 ft. Parcel 5: 46 - 156 ft.

Parcel 6: 373 ft.

17.19.120
Residential Density 30-60 dwelling units/acre 38.4 dwelling units/acre 17.19.120 Building Height 45 ft. - 3 stories unless greater
height is approved via a
Conditional Use Permit
Mixed-Use Building: 63 ft. -
75 ft. Conditional Use
Permit applied Open
Parking Structure: 16 ft.

17.19.120
Distance between
structures with building
height of 61-80 ft.
25 ft. window wall to window
wall 25 ft. window wall to non-
window wall 15 ft. non-
window wall to non-window
wall
76 - 125 ft. 17.19.090
Floor Area Ratio (FAR) for
non-residential

1.5 - 3.0 max (Note: Where the
proposed new infill
development, together with
existing development falls
below the required minimum
FAR for the site, the overall
development shall not be
required to conform, provided
the new development together
with the existing development
brings the site into closer
conformance with City
standards.)
Existing Office Complex: 0.61
FAR Existing Project Site:

0.44 FAR Proposed Project:

Commercial: 0.50 FAR
Proposed Project:

Commercial plus Residential:

1.4 FAR

17.19.120,

17.19.120(b)
Fence height 42 in. - front yard or corner
side yard. 6 ft. - All other areas
Pool courtyard fencing along
The City Drive South: 6 ft.
after 10 ft. setback

17.12.070
Landscaping Setbacks and open areas of the
site not occupied by buildings
shall be landscaped, including
surface parking lot areas.
58,104 sq. ft. (open space
areas, streetscape, and
hardscape) 2,710 sq. ft.
(surface parking lot area)

17.19.160
Minimum Open Space,
Residential (Total
includes common open
space plus private open
space)
15% of total floor area of
dwelling units shall be provided
as private and/or common
open space = 31,178 sq. ft. A
maximum of 25% of the total
open space requirement may
be satisfied by 40 sq. ft. private
open space = 7,795 sq. ft.

Common open space shall have
recreational amenities at a
ratio of one for every 25 units =
9 amenities
30,509 sq. ft. Administrative
Adjustment for 670 square
foot (0.98%) deficiency
applied. 17,126 sq. ft. of
qualifying private open space
Patio size: 40 sq. ft.

Balcony size: 60-118 sq. ft.
18 to include: · Fitness
Facility · Indoor Lounge (2) ·
Indoor clubhouse · Pool ·
Spa · Fire pit (2) · Outdoor
lounge seating (4) ·
Barbeque counters (2) ·
Outdoor kitchen · Dog park
area · Quasi-public plaza
areas (2)

17.19.080.E.1.
b
Secured Storage 120 cu. ft. min./ unit Must be
in addition to cabinets and
closets typically found within a
unit (such as kitchen and
bathroom cabinets, clothes
and linen closets)
120 - 148 cu. ft. / unit 99
storage units provided in unit
126 storage units provided in
garage

17.14.140
Parking Mixed-Use
Building
Studio: 1.2 spaces/unit 1
Bedroom: 1.7 spaces/unit 2
Bedrooms: 2 spaces/unit
Guest: 0.2 spaces/unit
Retail/Take-out Restaurant: 5
spaces/1,000 sq. ft. Resident:
391 spaces Guest:
45 spaces Retail/Restaurant: 45
spaces Total Required: 481
spaces Motorcycle: 300 sq. ft.
for 50+ units Bike: 2 bike racks
for 5 bikes each Loading area
for non-residential uses with 1-
50 parking spaces: 10 ft. x 40 ft.
434 spaces Administrative
Adjustment applied for 10%
deficiency (48 spaces)
Residential: 300 sq. ft.

Commercial: 50 sq. ft.

Residential: 2 racks for 10
bikes Commercial: 1 rack for
5 bikes 10 ft. x 60 ft.

17.34.060.A,

17.34.060.B,

17.34.080,

17.34.160
Parking for 750, 770,
and 790 Office Buildings
3 spaces/1,000 sq. ft. of gross
floor area (387,200 sq. ft.) =
1,162 spaces 2 space/1,000 sq.
ft. of gross storage area (5,495
sq. ft.) = 11 spaces Total
Required: 1,173 spaces
1,305 spaces (132 extra
spaces)
Table

17.34.060.B
Setback, Front (The City
Drive South)
10 ft. max. Up to 20 ft. where
sidewalk oriented pedestrian
amenities are provided.

Mixed-Use Building (Parcel
6): 5 ft. as measured to
raised podium. Open Parking
Structure (Parcel 3): 75 ft. - 9
in.

17.19.120
Setback, Rear 0 ft. Mixed-Use Building (Parcel
6): 14 ft. - 18 ft. - 9 in. Open
Parking Structure (Parcel 3):
17 ft. - 6 in.

17.19.120
Setback, Street Side
(Garden Grove
Boulevard)
10 ft. max. Up to 20 ft. where
sidewalk oriented pedestrian
amenities are provided.

Mixed-Use Building (Parcel
6): 10 ft. min. Open Parking
Structure (Parcel 3): 9 ft. min.

17.19.120
Setback, Side Interior
(North Property Line)
0 ft. Mixed-Use Building (Parcel
6): 26 ft. Open Parking
Structure (Parcel 3): 138 ft.

17.19.120
City of Orange Printed on 2/16/2023Page 10 of 17
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Item #: 6.2. 2/23/2023 File #: 22-0718
Required/Permitted Proposed Code Section
Lot Area 40,000 sq. ft. for newly created
lots
No newly created lots
proposed. Parcel 3: 130,244
sq. ft. (2.99 acres) Parcel 5:
41,382 sq. ft. (0.95 acres)
Parcel 6: 83,635 sq. ft. (1.92
acres)

17.19.120
Lot Width 100 ft. for newly created lots No newly created lots proposed. Parcel 3: 215 -
327 ft. Parcel 5: 46 - 156 ft.

Parcel 6: 373 ft.

17.19.120
Residential Density 30-60 dwelling units/acre 38.4 dwelling units/acre 17.19.120 Building Height 45 ft. - 3 stories unless greater
height is approved via a
Conditional Use Permit
Mixed-Use Building: 63 ft. -
75 ft. Conditional Use
Permit applied Open
Parking Structure: 16 ft.

17.19.120
Distance between
structures with building
height of 61-80 ft.
25 ft. window wall to window
wall 25 ft. window wall to non-
window wall 15 ft. non-
window wall to non-window
wall
76 - 125 ft. 17.19.090
Floor Area Ratio (FAR) for
non-residential

1.5 - 3.0 max (Note: Where the
proposed new infill
development, together with
existing development falls
below the required minimum
FAR for the site, the overall
development shall not be
required to conform, provided
the new development together
with the existing development
brings the site into closer
conformance with City
standards.)
Existing Office Complex: 0.61
FAR Existing Project Site:

0.44 FAR Proposed Project:

Commercial: 0.50 FAR
Proposed Project:

Commercial plus Residential:

1.4 FAR

17.19.120,

17.19.120(b)
Fence height 42 in. - front yard or corner
side yard. 6 ft. - All other areas
Pool courtyard fencing along
The City Drive South: 6 ft.
after 10 ft. setback

17.12.070
Landscaping Setbacks and open areas of the
site not occupied by buildings
shall be landscaped, including
surface parking lot areas.
58,104 sq. ft. (open space
areas, streetscape, and
hardscape) 2,710 sq. ft.
(surface parking lot area)

17.19.160
Minimum Open Space,
Residential (Total
includes common open
space plus private open
space)
15% of total floor area of
dwelling units shall be provided
as private and/or common
open space = 31,178 sq. ft. A
maximum of 25% of the total
open space requirement may
be satisfied by 40 sq. ft. private
open space = 7,795 sq. ft.

Common open space shall have
recreational amenities at a
ratio of one for every 25 units =
9 amenities
30,509 sq. ft. Administrative
Adjustment for 670 square
foot (0.98%) deficiency
applied. 17,126 sq. ft. of
qualifying private open space
Patio size: 40 sq. ft.

Balcony size: 60-118 sq. ft.
18 to include: · Fitness
Facility · Indoor Lounge (2) ·
Indoor clubhouse · Pool ·
Spa · Fire pit (2) · Outdoor
lounge seating (4) ·
Barbeque counters (2) ·
Outdoor kitchen · Dog park
area · Quasi-public plaza
areas (2)

17.19.080.E.1.
b
Secured Storage 120 cu. ft. min./ unit Must be
in addition to cabinets and
closets typically found within a
unit (such as kitchen and
bathroom cabinets, clothes
and linen closets)
120 - 148 cu. ft. / unit 99
storage units provided in unit
126 storage units provided in
garage

17.14.140
Parking Mixed-Use
Building
Studio: 1.2 spaces/unit 1
Bedroom: 1.7 spaces/unit 2
Bedrooms: 2 spaces/unit
Guest: 0.2 spaces/unit
Retail/Take-out Restaurant: 5
spaces/1,000 sq. ft. Resident:
391 spaces Guest:
45 spaces Retail/Restaurant: 45
spaces Total Required: 481
spaces Motorcycle: 300 sq. ft.
for 50+ units Bike: 2 bike racks
for 5 bikes each Loading area
for non-residential uses with 1-
50 parking spaces: 10 ft. x 40 ft.
434 spaces Administrative
Adjustment applied for 10%
deficiency (48 spaces)
Residential: 300 sq. ft.

Commercial: 50 sq. ft.

Residential: 2 racks for 10
bikes Commercial: 1 rack for
5 bikes 10 ft. x 60 ft.

17.34.060.A,

17.34.060.B,

17.34.080,

17.34.160
Parking for 750, 770,
and 790 Office Buildings
3 spaces/1,000 sq. ft. of gross
floor area (387,200 sq. ft.) =
1,162 spaces 2 space/1,000 sq.
ft. of gross storage area (5,495
sq. ft.) = 11 spaces Total
Required: 1,173 spaces
1,305 spaces (132 extra
spaces)
Table

17.34.060.B
Setback, Front (The City
Drive South)
10 ft. max. Up to 20 ft. where
sidewalk oriented pedestrian
amenities are provided.

Mixed-Use Building (Parcel
6): 5 ft. as measured to
raised podium. Open Parking
Structure (Parcel 3): 75 ft. - 9
in.

17.19.120
Setback, Rear 0 ft. Mixed-Use Building (Parcel
6): 14 ft. - 18 ft. - 9 in. Open
Parking Structure (Parcel 3):
17 ft. - 6 in.

17.19.120
Setback, Street Side
(Garden Grove
Boulevard)
10 ft. max. Up to 20 ft. where
sidewalk oriented pedestrian
amenities are provided.

Mixed-Use Building (Parcel
6): 10 ft. min. Open Parking
Structure (Parcel 3): 9 ft. min.

17.19.120
Setback, Side Interior
(North Property Line)
0 ft. Mixed-Use Building (Parcel
6): 26 ft. Open Parking
Structure (Parcel 3): 138 ft.

17.19.120

7. ANALYSIS AND STATEMENT OF THE ISSUES
Issue 1: Conditional Use Permit for Increased Building Height The project proposes a five and six story (63-75 feet) building height, which exceeds the maximum allowable height of three stories (45 feet) in the UMU zone without discretionary approval, due to its proximity to single-family residential development to the south in the City of Santa Ana. The north portion of the building is six stories in height (75 feet), while the middle and southern portions are five stories (63 feet-4 inches), allowing for better integration with the existing adjacent four and eight story office complex buildings, four-story office building to the east across The City Drive South, and two- story apartments and single-family residences to the south across Garden Grove Boulevard in the City of Santa Ana. These residences are not street facing and are located approximately 106 feet from the southern footprint of the building. Alternating wall planes, variations in building height, exterior materials, and balconies are incorporated into the project design to break up the building’s massing. A comprehensive landscape plan for the development includes a variety of new trees (including street trees), shrubs, and groundcover along the building perimeter, which help soften and screen the varied building height and scale of the project from the adjacent single-family neighborhood across Garden Grove Boulevard, The City Drive South frontage, and office complex interior.

In evaluating the request for the additional building height, a shade and shadow analysis was performed to determine whether the project would block direct sunlight to adjacent buildings and properties. As standard City practice, project impacts are considered significant if a substantial amount of shadow-sensitive uses/areas would be shaded by project-related structures for two continuous hours or more on any given day during the winter and summer solstice or the spring and fall equinox. Applying this threshold, no shade-sensitive land uses or areas surrounding the Project City of Orange Printed on 2/16/2023Page 11 of 17
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Item #: 6.2. 2/23/2023 File #: 22-0718
fall equinox. Applying this threshold, no shade-sensitive land uses or areas surrounding the Project site would be shaded for more than two continuous hours on any day during the solstices or equinoxes. Therefore, issues related to shade and shadows would not constitute an impact.

Issue 2: Administrative Adjustment for Parking and Open Space Parking
The requested Administrative Adjustment for parking only applies to the mixed-use apartment development. The total required parking for the 750, 770, and 790 The City Drive South office buildings is 1,173 spaces, and the complex provides a total of 1,305 spaces (including the new 145 space two-story open parking structure).

The applicant is requesting a 48-space reduction in parking for the mixed-use apartment development. This represents a 10% reduction in the Code required parking for the residential and commercial components of the development. While the Code requires 481 spaces, only 434 spaces are provided. The applicant has indicated that parking will not be shared with the adjacent office complex.

For multifamily residential development of three or more units, the Orange Municipal Code (OMC) requires calculation of required parking spaces based upon a ratio assigned for each unit type and number of bedrooms. Additionally, regardless of the number of bedrooms, all units are required to be provided with a fractional guest space. For commercial uses, including retail/take-out restaurants, parking is calculated using gross floor area and outdoor seating. The following parking ratios were used to determine the required parking for the project:

OMC Table 17.34.060.A Multifamily Residential (3 units or more), and OMC Table 17.34.060.B Non- Residential Uses
Studio 1.2 spaces/unit
1 Bedroom 1.7 spaces/unit
2 Bedrooms 2 spaces/unit
Guest 0.2 spaces/unit
Retail/Take-out Restaurant 5 spaces/1,000 square feet of gross floor area. No additional parking for the first
1,000 square feet of outdoor area, with 5
spaces/1,000 square feet of outdoor area
thereafter.

Based on the above referenced parking requirements, the mixed-use development requires a total of 481 parking spaces. This represents a residential parking supply ratio of 1.94 spaces per unit.

Residential
While the City Code applies a tenant and guest parking ratio of 1.94 for the apartments, the submittal Parking Analysis (Attachment 11) that is based on industry standards indicates that actual parking requirements for multifamily residential uses are found to be significantly less than the City’sCode requirement. The ITE Parking Generation, 5th Edition applies a parking ratio of 1.47 spaces/dwelling unit, and the ULI Shared Parking 3rd Edition applies a parking ratio of 1.34 spaces/unit. With the 10% reduction in the required parking, the proposed apartments represent a parking supply ratio of 1.75 City of Orange Printed on 2/16/2023Page 12 of 17
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Item #: 6.2. 2/23/2023 File #: 22-0718
reduction in the required parking, the proposed apartments represent a parking supply ratio of 1.75 spaces/unit using the ITE and ULI methodology.

Commercial
The Code required parking for the proposed 9,000-square-foot ground floor commercial area of the project requires 45 parking spaces based on the take-out restaurant rate of 5 spaces/1,000 square feet of gross floor area. A 10% adjustment in required parking for this area represents a 4-space reduction, which calculates to 41 required spaces. Because the tenant(s) for the commercial area have not yet been established, staff utilized the higher take-out restaurant parking rate (5 spaces/1,000 square feet of gross floor area = 45 spaces) for the entire space, rather than the retail parking rate (4 spaces/1,000 square feet of gross floor area = 36 spaces) to determine the required parking. A condition of approval has been included that requires the ratio of take-out restaurant and retail area not to exceed the adjusted 41 parking space requirement.

Based on the information provided in the parking study and the utilization of a higher parking rate for the commercial component of the project, the applicant concludes that the proposed parking supply is adequate to support the parking demand for the project. In addition, due to the mixed-use nature of the site, parking demand behavior will likely involve situations where residents and office workers will walk between uses and only park once for multiple activities on the site. Similarly, employees across The City Drive South will likely walk to adjacent retail uses.

Open Space
The project requires a total of 31,178 square feet of open space (private and common open space), while the project has provided a total of 30,509 square feet. The applicant is seeking an Administrative Adjustment for a 670-square-foot (0.98%) reduction. Staff feels that with the inclusion of the various residential common open space amenities, including, but not limited to a fitness center, club house and lounge area, landscaped pool/spa courtyard, passive open courtyard, private patios and balconies for the majority of the units, and quasi-public open space areas that contribute to an active street environment, it is not anticipated that the requested reduction of open space will negatively impact the project. In addition, the project provides convenient pedestrian and bicycle access to the nearby Santa Ana River Trail, which is an off-site recreational amenity in close proximity to the project.

Issue 3: Workforce Housing
The applicant has prepared a Workforce Housing Study (Attachment 10) to demonstrate how the Street Lights Apartment Development would help satisfy the need for workforce housing in the City.

The study generally defines workforce housing as “housingfor individuals whose incomes are above the limits under which households can qualify for units that have been subsidized or otherwise incentivized by various programs targeting housing affordability for low-income households”. The report provides a review of 2020 Orange County median income levels in relation to qualifying incomes for the rental rates anticipated for the proposed apartments. The study also considers average salaries associated with representative jobs that are typical examples of types of employees that qualify for workforce housing. Below is a table that illustrates the anticipated monthly rental rates for the project, and the minimum qualifying monthly and annual household incomes for future residents of the Street Lights Apartment Development:

Unit Type Anticipated
Monthly Rent
Qualifying Income
Monthly Annual
Studio $2,200 $7,333 $88,000
1-Bedroom $2,400 $8,000 $96,000
2-Bedroom $3,200 $10,667 $128,000
City of Orange Printed on 2/16/2023Page 13 of 17
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Item #: 6.2. 2/23/2023 File #: 22-0718
Unit Type Anticipated
Monthly Rent
Qualifying Income
Monthly Annual
Studio $2,200 $7,333 $88,000
1-Bedroom $2,400 $8,000 $96,000
2-Bedroom $3,200 $10,667 $128,000
The qualifying income levels would be in alignment with individuals earning the median County income. Additionally, the 30-60 unit/acre density range of the project, in conjunction with the “typical” monthly income of jobs in the area, demonstrates that the project increases the supply of workforce housing in the City of Orange.

Issue 4: Relationship to Housing Element:

Although the applicant did not provide an income affordability breakdown for the apartments, the applicant has indicated that the project contributes to the identified moderate and above-moderate income housing needs identified in the City’s Regional Housing Needs Assessment (RHNA) and supports implementation of the City’s 2021-2029 Housing Element as illustrated below.

City of Orange Housing Needs for 2021-2029 and Street Lights Project Income Category (% of County
AMI)
RHNA Number of Units Street Lights Project
Extremely Low (30% or less)534 0
Very Low (31 to 50%) 1,067 0
Low (51 to 80%) 604 0
Moderate (81% to 120%) 677 225 units
Above Moderate (over 120%)1,588
Total 3,936 225 units
City of Orange New Housing Construction Policy
Section 17.14.015 of the OMC requires developers with projects of 11 or more units to participate in discussion with the City to evaluate the feasibility of providing affordable units within the development project, and references various incentives available to assist in making the integration of affordable units economically feasible for developers. This OMC section also references the New Housing Construction Policy contained in the City’s Affordable Housing Plan, which also cites various incentives and funding assistance offered by the City.

Early discussions with the applicant regarding the potential integration of affordable units in the project revealed that the applicant would not be providing dedicated affordable units due to financial feasibility. With the dissolution of the Redevelopment Agency, the funding mechanisms referenced in the Affordable Housing Plan are no longer available. Additionally, the development incentives referenced in the Affordable Housing Plan have been addressed through Code changes that have taken place since the adoption of that Plan including more accommodating density, building height, and open space standards for residential projects associated with the Urban Mixed Use development standards. Therefore, while the applicant is not providing dedicated affordable units due to financial City of Orange Printed on 2/16/2023Page 14 of 17
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feasibility, the very nature of its characteristics responds to the spirit of the New Construction policy.

8. PUBLIC NOTICE
On February 13, 2023, the City sent a Public Hearing Notice to a total of 573 property owners/tenants within a 400-foot radius of the project site and persons specifically requesting notice. The project site has also been posted in 3 locations with the notification on that same date.

9. ENVIRONMENTAL REVIEW
Mitigated Negative Declaration: Mitigated Negative Declaration (MND) No. 1875-21 was prepared to evaluate the physical environmental impacts of the project, in conformance with the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15070 and in conformance with the Local CEQA Guidelines. The analysis contained in the MND determined that implementation of the project may result in potentially significant environmental effects without mitigation measures related to Biological Resources, Cultural Resources/Tribal Cultural Resources, Geology and Soils, Hazards and Hazardous Materials, Hydrology and Water Quality, Noise, and Transportation. Section 5 of the MND (Attachment 6) summarizes the project’ssignificant impacts, mitigation measures, and levels of significance after mitigation. Incorporation of mitigation measures into the project results in a reduction of significant impacts to less than significant levels to environmental factors listed above. With the adoption of the MND and related Mitigation Monitoring and Reporting Program (Attachments 6, 7, and 8) by the Planning Commission, and implementation of conditions of approval contained in Resolution No. PC 33-22 (Attachment 1), potential environmental concerns are considered resolved.

The 20-day public review period began on November 23, 2022 and ended on December 14, 2022.

On November 23, 2022, the City sent a Notice of Intent to adopt Mitigated Negative Declaration No. 1875-21 to a total of 609 property owners and tenants within a 400-foot radius of the project site, adjacent cities, and other potentially affected public agencies and utility service providers initiating the public review period for the environmental document as described above. This notification was also on file with the Orange County Clerk Recorder and was posted in three locations at the site.

Copies of the document were available for public review at Orange City Hall, in the Offices of the City Clerk and Community Development Department, and on the City’s website.

The City received three comment letters during the public review period for the MND from the following responsible agencies: Department of Transportation (Caltrans), Orange County Health Care Agency, Environmental Health Division (OCHCA), and Orange County Transit Authority (OCTA). · Caltrans encourages the design of Complete Streets, use of transit by future residents, visitors, and workers, use of Amazon or equivalent lockers to reduce amount of driving by delivery trucks, recommends that bicycle storage facilities be designed to accommodate a range of bicycle styles and weights, that truck parking, access, and staging will not interfere with vehicle parking, pedestrian paths, and bicycle lanes/parking, requests that freight pick-up and drop-off times do not coincide with peak commute hours, and that the applicant works with the community to mitigate truck traffic onto residential streets. Caltrans requested storage lengths of the off-ramp and right turn/left turn lanes to the onramp at the intersections of The City Drive and Eastbound SR22 ramps, storage lengths of the off-ramp and storage lengths of the right turn/left turn lanes to the on-ramp at the intersections of Metropolitan Drive and the City of Orange Printed on 2/16/2023Page 15 of 17
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the right turn/left turn lanes to the on-ramp at the intersections of Metropolitan Drive and the Westbound SR 22 ramps, copies of all traffic related documents, that the Traffic Impact Analysis data shall not be more than 2 years old and based on the Southern California Association of Governments Regional Transportation Plan Model, and that the analyses utilize the Highway Capacity Manual methodology.
· OCHCA commented that the Phase I Environmental Site Assessments conducted for the project as part of Section 5.9 Hazards and Materials of the MND does not identify the former Orange City Landfill #3, which is located within 1,000 feet to the east of the proposed development. They request inclusion of language within Mitigation Measure HAZ-1 to ensure if unknown contamination or solid waste are encountered on the site during development, that the Lead Enforcement Agency (LEA) is contacted. In addition, the LEA recommends for any residential development located within 1,000 feet from a landfill boundary, to consider installing a landfill gas monitoring protection system and/or structural monitoring to ensure landfill gas buildup will not cause adverse impacts to public health and the environment. · OCTA requests that the bus stop name in Section 5.6 of the MND, “Operational Impacts” (page 87) be revised from “Garden Grove-Memory” to “The City Memory”.

Staff prepared responses to comments to all correspondence received and forwarded those responses to the respective authors in accordance with the requirements of CEQA, and in advance of the City’sconsideration of any determination. Copies of the comment letters and responses can be found in Attachment 9.

10. ADVISORY BOARD ACTION
Staff Review Committee:

The Staff Review Committee (SRC) conducted reviews of the project on April 27, 2022, August 10, 2022, and October 12, 2022. On November 16, 2022, the SRC determined that the plans, technical studies, and content of the Mitigated Negative Declaration were satisfactory, and recommended Design Review Committee approval of the project, subject to mitigation measures included in the Mitigated Negative Declaration and staff recommended conditions.

Design Review Committee:

The Design Review Committee (DRC) reviewed the subject proposal on December 7, 2022, and recommended project approval with conditions to the Planning Commission by a 4-0-1 vote (Commissioner Farfan absent). The Staff Report and Minutes for the December 7, 2022 meeting are provided as Attachments 4 and 5 to this report. The DRC conditions of approval are included as condition numbers 44-49 within Planning Commission Resolution No. PC 33-22 (Attachment 1). The applicant has since revised the plans to reflect the DRC’s conditions of approval.

11. ATTACHMENTS
· Attachment 1 Planning Commission Resolution No. PC 33-22 · Attachment 2 Vicinity Map
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· Attachment 3 Applicant’s Letter of Explanation
· Attachment 4 December 7, 2022 Design Review Committee Staff Report · Attachment 5 December 7, 2022 Design Review Committee Meeting Minutes · Attachment 6 MND No. 1875-21, Dated November 14, 2022 · Attachment 7 MND No. 1875-21 Appendices
· Attachment 8 MND No. 1875-21 Mitigation Monitoring and Reporting Program, Dated January 26, 2023.
· Attachment 9 Letters Received from Responsible Agencies and Responses to Comments for MND No. 1875-21
· Attachment 10 Workforce Housing Study, Dated October 1, 2020 · Attachment 11 Parking Analysis by Linscott Law & Greenspan, Dated June 29, 2022 · Attachment 12 Project Plans, Date Stamped Received January 27, 2023; Colors and Materials Board Provided at Meeting
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