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CITY COUNCIL RESOLUTION NO. 14-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRVINE, CALIFORNIA DENYING AN APPEAL OF THE PLANNING COMMISSION’S DECISION AND APPROVING CONDITIONAL USE PERMIT 00578126-PCPU, INCLUDING A TRANSFER OF DEVELOPMENT RIGHTS AND AFFORDABLE HOUSING PLAN WITH DENSITY BONUS UNITS FOR DEVELOPMENT OF 287 ATTACHED RESIDENTIAL UNITS, LOCATED AT THE NORTHWEST CORNER OF VON KARMAN AVENUE AND MARTIN STREET IN PLANNING AREA 36 (IRVINE BUSINESS COMPLEX) WHEREAS, Great Far East has submitted a Conditional Use Permit (00578126PCPU) application for the development of a 287-unit residential project located at the west of Von Karman and north of Martin; and WHEREAS, the project’s 287 units consist of 229 “base” units (including 29 of which will be reserved for occupancy for affordable households) plus 58 “density bonus” units pursuant to provisions of state law; and WHEREAS, pursuant to the “IBC Database,” the City of Irvine limits the development intensity of uses within the Irvine Business Complex to limit the potential negative impacts of traffic generated by each use; and WHEREAS, development intensity allocated through the IBC Database can be transferred amongst parcels in the Irvine Business Complex consistent with the requirements of Zoning Code Section 9-36-18; and WHEREAS, in conjunction with approval of Conditional Use Permit 00578126PCPU, the City will approve a transfer of development rights to allocate the appropriate amount of development intensity to cover the project’s “base” units; and WHEREAS, the transfer of development rights total 16,923 square feet of office equivalency, equaling 22 AM, 23 PM, and 233 Average Daily (AD) development intensity values (DIV) from sending site located at 2070 Main Street, which accounts for an AD waiver of 57 AD, as provided in Zoning Code Sections 9-36-10 and 9-36-18; and WHEREAS, the Applicant has submitted a Affordable Housing Plan stating their intention to reserve a total of 29 on-site affordable units for occupancy by very low income households (18 units), zero units to low income, and 11 units to moderate income households; and WHEREAS, the project exercises a 25-percent (i.e., 58 unit) density bonus option pursuant to State Density Bonus law consistent with Government Code Sections 6591565918; and
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WHEREAS, State Density Bonus law allows one concession for the type of development proposed in which a certain number of the “base” units are restricted for very low income households and the applicant has requested to apply excess private park credits against the project’s public neighborhood park in-lieu fee obligation; and WHEREAS, State Density Bonus law allows the applicant to use state parking rates that are reduced from Irvine’s parking standards; and WHEREAS, pursuant to State Density Bonus law the City Council of the City of Irvine will approve and execute a Density Bonus Agreement incorporating the Affordable Housing Plan and proposed affordable and density bonus units pursuant to state law; and WHEREAS, Chapter 2-3 of the Irvine Zoning Code requires that residential projects shall provide a minimum of 15 percent of its base units as affordable and allocated in accordance with the following percentages:
Five percent shall be affordable to households earning less than 50-percent of the County median income; Five percent shall be affordable to households earning 51 to 80-percent of the County median income; Five percent shall be affordable to households earning 81 to 120-percent of the County median income; and
WHEREAS, the Applicant has expressed an intention to develop a “common interest” development as defined in Civil Code Section 1351 in the form of a condominium, where the applicant or its permitted successor or assign will initially be the owner of all units and rent these units until such time as they would be sold to individual owner-occupants; and WHEREAS, Conditional Use Permit 00578126-PCPU with transfer of development rights, AD waiver, and affordable housing plan is considered a “project” as defined by the California Environmental Quality Act (CEQA); and WHEREAS, a Program Environmental Impact Report (SCH# 2007011024) was prepared for the Irvine Business Complex Vision Plan and Residential Mixed-Use Overlay Zoning Code, and certified by the City of Irvine City Council as adequate on July 13, 2010; and WHEREAS, an addendum to the Irvine Business Complex (IBC) Vision and Residential Mixed Use Overlay Zoning Code Program Environmental Impact Report has been prepared; and WHEREAS, the Planning Commission of the City of Irvine considered information presented by the applicant, the Community Development Department, and other interested parties at public hearings held on September 4, 2014 and November 6, 2014.
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WHEREAS, the Planning Commission by a 3 to 2 vote, approved Conditional Use Permit 00578126-PCPU on November 6, 2014; and WHEREAS, an appeal was filed on November 20, 2014 by Councilmember Beth Krom; and WHEREAS, the City Council of the City of Irvine considered information presented by the Community Development Department at a public hearing held on December 16, 2014; and WHEREAS, the City Council may either affirm, reverse or modify the Planning Commission’s decision; and WHEREAS, the City Council’s decision on an appeal shall be final. NOW, THEREFORE, the City Council of the City of Irvine DOES HEREBY RESOLVE as follows: SECTION 1. An Addendum to the Program Environmental Impact Report has been prepared pursuant to Section 15164 of the CEQA Guidelines, and concluded that the proposed project will not have a significant effect on the environment. SECTION 2. Pursuant to Section 15162 of the CEQA Guidelines, the following has been determined: A. There are no substantial changes to the project that will require major revisions to the Environmental Impact Report (EIR) due to new, significant environmental effects or a substantial increase in the severity of impacts identified in the previous EIR. B. Substantial changes have not occurred in the circumstances under which the project is being undertaken that will require major revisions of the EIR to disclose new, significant environmental effects or a substantial increase in the severity of the impacts identified in the EIR. C. There is no new information of substantial importance not known at the time the EIR was certified that shows any of the following: 1. The will have any new significant effects not discussed in the EIR. 2. There are impacts that were determined to be significant in the EIR that will be substantially increased. 3. There are additional mitigation measures or alternatives to the project that would substantially reduce one or more of the significant effects identified in the EIR. 4. There are additional mitigation measures or alternatives that were rejected by the project proponent that are considerably different from those analyzed in the EIR
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that would substantially reduce any significant impact identified in the EIR. SECTION 3. Pursuant to Section 15161 of the CEQA Guidelines, the previously certified Irvine Business Complex Vision Plan and Residential Mixed Use Overlay Zoning Code Program Environmental Impact Report (SCH No. 2007011024) and this Addendum adequately addresses the proposed project’s environmental impacts. The previous EIR will cover the effects of the project and all feasible mitigation measures and alternatives developed in the EIR are incorporated into this project. Based on independent judgment, the City Council determines that no new mitigation measures are required. The previous EIR and this Addendum have been determined to be adequate to serve this project and satisfies all requirements of CEQA. SECTION 4. Pursuant to Fish and Game Code Section 7.11.4 (C), all required Fish and Game filing fees have been paid subsequent to certification of the Irvine Business Complex Vision Plan and Residential Mixed-Use Overlay Zoning Code Program Environmental Impact Report (SCH No. 2007011024). SECTION 5. The findings required by state law regarding justification of Citywide, village-wide and project specific development fees for public facilities as a result of this project approval have been met as follows: A. Citywide fees for public facilities are collected in conjunction with the issuance of building permits for development projects and consist of the following: 1. San Joaquin Hills Transportation Corridor Area of Benefit Charges. 2. Development surcharge fees to recover wear and tear costs from construction site traffic. 3. A systems development charge. B. Resolutions have been adopted by the Irvine City Council establishing the connection between this and other identified development projects and the above identified public improvements based on the following nexus: 1. The area of benefit charges for the San Joaquin Hills Transportation Corridor are based on the assumption that future state and federal revenues are projected to be inadequate to construct said transportation corridors in a timely manner and that future developments should pay a share of the cost of implementing new transportation corridors to ensure that the transportation system will be adequate to serve said development and that this share of the corridor costs should be proportional to the traffic generated by the development. 2. The impact of construction vehicles using City streets causes wear and tear which significantly reduces the life of the surface of City streets beyond normally expected use and the cost of impacted wear and tear on City streets should be
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borne by the development projects which create the impact. The wearing surface on City streets is reduced by 50 percent by commercial/industrial construction traffic, which causes significant increases on City maintenance costs. 3. The implementation of a systems development charge provides a predictable and equitable funding source for capital improvements by requiring development projects to "buy into" the pre-existing City infrastructure so that the impact of new growth on existing improvements will be borne equitably by new development. C. All of the Citywide fees identified in this section are based on this project's proportional share of the cost of the improvement as identified in the appropriate City Council resolution. D. The following nexus between the project specific facilities and the development project has been identified: 1. The purpose of the fees has been identified. 2. The public and private facilities to be implemented as a result of this project have been identified in the conditions of approval. 3. There is a reasonable relationship between the amount of the fees and the costs of the public facilities attributable to the development on which the fee is based. E. The proposed subdivision creates the need for circulation system improvements to accommodate traffic generated by the project. The public and private facilities identified above are needed to support this development, are justified because the development of this type impacts the amount distribution of traffic on surrounding streets, or are agreed to by the applicant. The circulation improvements described above have been identified in studies prepared to address the City’s circulation system and approved by the City to facilitate the safe and efficient movement of traffic adjacent to the project. SECTION 6. The findings required to be made for the approval of a Transfer of Development Rights (TDR), as set forth by Section 9-36-18 of the Zoning Code have been made as follows: A. The project shall not adversely affect City infrastructure and services. The number of residential units proposed by this project is within the total cap of 15,000 base units and 2,038 density bonus units established for the IBC as part of the IBC Vision Plan and Mixed Use Overlay Zoning Code. In that respect, the project and its potential impacts upon City infrastructure and services at an area-wide level were analyzed. Through that process it was determined that there would be no adverse effects upon Irvine’s infrastructure and services. As part of the project, a traffic study was conducted to assess the project’s impacts upon infrastructure and
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services at a localized level. That analysis similarly concluded that no adverse infrastructure and/or service impacts would result from the project’s implementation. Based on the results of the analysis, the proposed project may be implemented without impacting the surrounding roadway system. In addition, the applicant will be required to participate in the IBC Development Fee Program, which was established to fund IBC area wide circulation improvements within the IBC area. B. There is no adverse impact on the surrounding circulation system. The performance criteria as established in the 2010-IBC Vision Plan/Overlay Zoning Code project final program EIR is maintained as a result of no impact, or adequate mitigation. A traffic study was conducted for this application to assess the localized impacts of the project, including TDR. This analysis was based on the analysis conducted for the IBC Vision Plan and Mixed Use Overlay Zoning Code EIR. This study evaluated the traffic impacts of 287 units, which requires the transfer 16,923 square feet of development intensity values (22 AM, 23 PM and 233 ADT) because the project requires more development intensity than currently exists at the site. The traffic study identified 2070 Main Street as the sending site. A waiver of 57 AD is being requested and has been determined consistent with Zoning Code Section 9-36-10, based on the results presented in the traffic study. In accordance with the traffic study prepared for this project pursuant to the City’s Traffic Study Guidelines, no adverse impacts would occur to the surrounding circulation system as a result of this transfer. SECTION 7. The findings required to be made for the approval of a project proposing to exceed the AD DIV limits specified for a site in the IBC database, as set forth by Section 9-36-10 of the Zoning Code have been made as follows: A. Approval of the project will not result in exceeding the AM and PM DIV established for the project site in the IBC database. The average daily DIV limits established for the project site in the IBC database may be exceeded only if the traffic analysis has identified no impacts, or has identified impacts and mitigation measures that show the circulation system has the capacity to accommodate the project. The traffic study conducted for this project shows that the circulation system has the capacity to accommodate the proposed project with no impacts. With the AD waiver, the project will not exceed the AM and PM DIV established for the project site in the IBC database. B. Approval of the project will not jeopardize the ability of the City of Irvine to qualify for funding sources, including but not limited to the Orange County congestion management program (CMP). Approval of this project will not jeopardize the ability of the City to qualify for funding sources.
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SECTION 8. The City Council approves the Affordable Housing Plan, which provides 18 units restricted for occupancy by very low income households, zero unit for low income households, and 11 units restricted for occupancy by moderate income households, including a Density Bonus for 58 (i.e., 25 percent) market rate units above the project’s 229 “base” units. SECTION 9. The findings required for the approval of a conditional use permit as set forth in Section 2-9-7 of the Zoning Code have been made as follows: A.
The proposed location of the conditional use is in accord with the objectives of Section 1-1 of the Zoning Code and the purpose of the zoning district in which the site is located. The subject site has zoning designations of 5.1, IBC Multi-Use, 5.3, IBC Residential, and is also located in the Urban Neighborhood overlay zone. Both the 5.1 and 5.3 zones support residential use with an approved conditional use permit. The Urban Neighborhood overlay specifies parcels within the IBC where residential development is appropriate up to a maximum cap of 15,000 base units and 2,038 density bonus units. A minimum residential density of 30 units to the acre is required. The proposed development is consistent with these criteria. Its proposed total residential unit count is within the cap established for the IBC and the parcels proposed for development are properly designated for residential use in the Urban Neighborhood overlay. The project’s overall density is about 62.74 units to the acre.
B.
The proposed conditional use will not be detrimental to the public health, safety, or welfare, nor be materially injurious to properties or improvements in the vicinity. The project will not be detrimental to the public health, safety, and welfare as the project implements the goals, objectives, and policies of the City’s General Plan and Zoning Code related to housing including affordability, recreation, and environmental quality. This project will add uses similar in nature, intensity, and density as is already found within the local area. The development satisfies its requirements within the boundaries of the project so as to not adversely burden adjacent sites. Furthermore, construction of all improvements and facilities will be in accordance with City Standards and under City inspection.
C.
The proposed conditional use is compatible with existing and future uses to the extent those uses are known and will comply with each of the applicable provisions of the Zoning Ordinance except for approved variances and/or administrative relief per Chapters 2-2 and 2-37. No administrative relief is being requested. The project complies with all applicable development standards of the 5.1, IBC Multi-Use and 5.3, IBC
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Residential zoning district and of the IBC Vision Plan design guidelines. The project adheres to required setbacks along Von Karman and Martin, as well as separation to existing adjacent development along the interior property lines. The proposed residential density comply exceeds the Vision Plan’s minimum of 30 dwelling units to the acre. The 287 total attached residential units are within the IBC Vision Plan’s allocation of 15,000 base and 2,038 density bonus units and remains within the remaining IBC unit allocation. The project conforms to maximum allowed heights of 75 feet and design criteria promoting articulated and expressive architectural design. This project is compatible with existing and future uses as it proposes land uses that are similar in nature, intensity, and density as is already found within the local area. The development satisfies its requirements within the boundaries of the project so as to not adversely burden adjacent sites. D.
If the proposed conditional use permit affects land located within the coastal zone, the proposed conditional use will comply with the provisions of the land use plan of the Certified Local Coastal Program. This conditional use permit is not located with the coastal zone and, therefore, this finding is not applicable.
F.
Based upon information available at the time of approval, adequate utilities, access roads, drainage, and other necessary facilities exist or will be provided to serve the proposed use. The project site and vicinity is fully urbanized and adequately serviced by wet and dry utilities, roads and emergency access.
SECTION 10. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. NOW, THEREFORE, based on the above findings, the City Council of the City of Irvine DOES HEREBY DENY AN APPEAL THEREBY UPHOLDING THE PLANNING COMMISSION’S DECISION TO APPROVE Conditional Use Permit 00578126-PCPU with Transfer of Development Rights and AD waiver, and Affordable Housing Plan subject to the following conditions: MISCELLANEOUS Standard Condition 6.1
DISCRETIONARY CASE CHARGES
The applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application.
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Standard Condition 6.2
LEGAL ACTION – HOLD HARMLESS
In accordance with the provisions of Section 5-5-114 of the Irvine Municipal Code and Government Code Section 66474.9, the applicant shall defend, indemnify, and hold harmless the City of Irvine and its agents, officers, and employees from and against any claim, action, or proceeding against the City agency or its agents, officers, or employees to attack, set aside, void, or annul an approval by the City, including, without limitation, an action by an advisory agency, appeal board, or legislative body concerning this discretionary approval. This defense and indemnification shall include the payment of all legal costs incurred on behalf of the City in connection with the application, and the defense of any claim, action or proceeding challenging the approval. The City will promptly notify the applicant of any claim, action, or proceeding and will cooperate fully in the defense. In the event a legal challenge to the discretionary approval is successful, and an award of attorney fees is made to the challenger, the applicant shall be responsible to pay the full amount of such an award. Condition 6.19
COMPLIANCE WITH MAP CONDITIONS
Development of this project shall comply with all applicable conditions of approval from Vesting Tentative Tract Map 17666 (00583914-PTT) as set forth in Planning Commission Resolution 14-XX. Condition 6.20
AFFORDABLE HOUSING AGREEMENT
Approval of the Affordable Housing Plan is contingent upon the City Council’s final action and approval of a separate project Affordable Housing Agreement as required by Code.
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PASSED AND ADOPTED by the City Council of the City of Irvine at a regular, meeting held on the 16th day of December, 2014.
____________________________ MAYOR OF THE CITY OF IRVINE
ATTEST:
________________________________ CITY CLERK OF THE CITY OF IRVINE
STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF IRVINE ) I, MOLLY MCLAUGHLIN, City Clerk of the City of Irvine, HEREBY DO CERTIFY that the foregoing resolution was duly adopted at a regular meeting of the City Council of the City of Irvine, held on the 16th day of December, 2014.
AYES:
0
COUNCILMEMBERS:
NOES:
0
COUNCILMEMBERS:
ABSENT:
0
COUNCILMEMBERS:
ABSTAIN:
0
COUNCILMEMBERS:
________________________________ CITY CLERK OF THE CITY OF IRVINE
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WHEREAS, State Density Bonus law allows one concession for the type of development proposed in which a certain number of the “base” units are restricted for very low income households and the applicant has requested to apply excess private park credits against the project’s public neighborhood park in-lieu fee obligation; and WHEREAS, State Density Bonus law allows the applicant to use state parking rates that are reduced from Irvine’s parking standards; and WHEREAS, pursuant to State Density Bonus law the City Council of the City of Irvine will approve and execute a Density Bonus Agreement incorporating the Affordable Housing Plan and proposed affordable and density bonus units pursuant to state law; and WHEREAS, Chapter 2-3 of the Irvine Zoning Code requires that residential projects shall provide a minimum of 15 percent of its base units as affordable and allocated in accordance with the following percentages:
Five percent shall be affordable to households earning less than 50-percent of the County median income; Five percent shall be affordable to households earning 51 to 80-percent of the County median income; Five percent shall be affordable to households earning 81 to 120-percent of the County median income; and
WHEREAS, the Applicant has expressed an intention to develop a “common interest” development as defined in Civil Code Section 1351 in the form of a condominium, where the applicant or its permitted successor or assign will initially be the owner of all units and rent these units until such time as they would be sold to individual owner-occupants; and WHEREAS, Conditional Use Permit 00578126-PCPU with transfer of development rights, AD waiver, and affordable housing plan is considered a “project” as defined by the California Environmental Quality Act (CEQA); and WHEREAS, a Program Environmental Impact Report (SCH# 2007011024) was prepared for the Irvine Business Complex Vision Plan and Residential Mixed-Use Overlay Zoning Code, and certified by the City of Irvine City Council as adequate on July 13, 2010; and WHEREAS, an addendum to the Irvine Business Complex (IBC) Vision and Residential Mixed Use Overlay Zoning Code Program Environmental Impact Report has been prepared; and WHEREAS, the Planning Commission of the City of Irvine considered information presented by the applicant, the Community Development Department, and other interested parties at public hearings held on September 4, 2014 and November 6, 2014.
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WHEREAS, the Planning Commission by a 3 to 2 vote, approved Conditional Use Permit 00578126-PCPU on November 6, 2014; and WHEREAS, an appeal was filed on November 20, 2014 by Councilmember Beth Krom; and WHEREAS, the City Council of the City of Irvine considered information presented by the Community Development Department at a public hearing held on December 16, 2014; and WHEREAS, the City Council may either affirm, reverse or modify the Planning Commission’s decision; and WHEREAS, the City Council’s decision on an appeal shall be final. NOW, THEREFORE, the City Council of the City of Irvine DOES HEREBY RESOLVE as follows: SECTION 1. An Addendum to the Program Environmental Impact Report has been prepared pursuant to Section 15164 of the CEQA Guidelines, and concluded that the proposed project will not have a significant effect on the environment. SECTION 2. Pursuant to Section 15162 of the CEQA Guidelines, the following has been determined: A. There are no substantial changes to the project that will require major revisions to the Environmental Impact Report (EIR) due to new, significant environmental effects or a substantial increase in the severity of impacts identified in the previous EIR. B. Substantial changes have not occurred in the circumstances under which the project is being undertaken that will require major revisions of the EIR to disclose new, significant environmental effects or a substantial increase in the severity of the impacts identified in the EIR. C. There is no new information of substantial importance not known at the time the EIR was certified that shows any of the following: 1. The will have any new significant effects not discussed in the EIR. 2. There are impacts that were determined to be significant in the EIR that will be substantially increased. 3. There are additional mitigation measures or alternatives to the project that would substantially reduce one or more of the significant effects identified in the EIR. 4. There are additional mitigation measures or alternatives that were rejected by the project proponent that are considerably different from those analyzed in the EIR
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that would substantially reduce any significant impact identified in the EIR. SECTION 3. Pursuant to Section 15161 of the CEQA Guidelines, the previously certified Irvine Business Complex Vision Plan and Residential Mixed Use Overlay Zoning Code Program Environmental Impact Report (SCH No. 2007011024) and this Addendum adequately addresses the proposed project’s environmental impacts. The previous EIR will cover the effects of the project and all feasible mitigation measures and alternatives developed in the EIR are incorporated into this project. Based on independent judgment, the City Council determines that no new mitigation measures are required. The previous EIR and this Addendum have been determined to be adequate to serve this project and satisfies all requirements of CEQA. SECTION 4. Pursuant to Fish and Game Code Section 7.11.4 (C), all required Fish and Game filing fees have been paid subsequent to certification of the Irvine Business Complex Vision Plan and Residential Mixed-Use Overlay Zoning Code Program Environmental Impact Report (SCH No. 2007011024). SECTION 5. The findings required by state law regarding justification of Citywide, village-wide and project specific development fees for public facilities as a result of this project approval have been met as follows: A. Citywide fees for public facilities are collected in conjunction with the issuance of building permits for development projects and consist of the following: 1. San Joaquin Hills Transportation Corridor Area of Benefit Charges. 2. Development surcharge fees to recover wear and tear costs from construction site traffic. 3. A systems development charge. B. Resolutions have been adopted by the Irvine City Council establishing the connection between this and other identified development projects and the above identified public improvements based on the following nexus: 1. The area of benefit charges for the San Joaquin Hills Transportation Corridor are based on the assumption that future state and federal revenues are projected to be inadequate to construct said transportation corridors in a timely manner and that future developments should pay a share of the cost of implementing new transportation corridors to ensure that the transportation system will be adequate to serve said development and that this share of the corridor costs should be proportional to the traffic generated by the development. 2. The impact of construction vehicles using City streets causes wear and tear which significantly reduces the life of the surface of City streets beyond normally expected use and the cost of impacted wear and tear on City streets should be
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borne by the development projects which create the impact. The wearing surface on City streets is reduced by 50 percent by commercial/industrial construction traffic, which causes significant increases on City maintenance costs. 3. The implementation of a systems development charge provides a predictable and equitable funding source for capital improvements by requiring development projects to "buy into" the pre-existing City infrastructure so that the impact of new growth on existing improvements will be borne equitably by new development. C. All of the Citywide fees identified in this section are based on this project's proportional share of the cost of the improvement as identified in the appropriate City Council resolution. D. The following nexus between the project specific facilities and the development project has been identified: 1. The purpose of the fees has been identified. 2. The public and private facilities to be implemented as a result of this project have been identified in the conditions of approval. 3. There is a reasonable relationship between the amount of the fees and the costs of the public facilities attributable to the development on which the fee is based. E. The proposed subdivision creates the need for circulation system improvements to accommodate traffic generated by the project. The public and private facilities identified above are needed to support this development, are justified because the development of this type impacts the amount distribution of traffic on surrounding streets, or are agreed to by the applicant. The circulation improvements described above have been identified in studies prepared to address the City’s circulation system and approved by the City to facilitate the safe and efficient movement of traffic adjacent to the project. SECTION 6. The findings required to be made for the approval of a Transfer of Development Rights (TDR), as set forth by Section 9-36-18 of the Zoning Code have been made as follows: A. The project shall not adversely affect City infrastructure and services. The number of residential units proposed by this project is within the total cap of 15,000 base units and 2,038 density bonus units established for the IBC as part of the IBC Vision Plan and Mixed Use Overlay Zoning Code. In that respect, the project and its potential impacts upon City infrastructure and services at an area-wide level were analyzed. Through that process it was determined that there would be no adverse effects upon Irvine’s infrastructure and services. As part of the project, a traffic study was conducted to assess the project’s impacts upon infrastructure and
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services at a localized level. That analysis similarly concluded that no adverse infrastructure and/or service impacts would result from the project’s implementation. Based on the results of the analysis, the proposed project may be implemented without impacting the surrounding roadway system. In addition, the applicant will be required to participate in the IBC Development Fee Program, which was established to fund IBC area wide circulation improvements within the IBC area. B. There is no adverse impact on the surrounding circulation system. The performance criteria as established in the 2010-IBC Vision Plan/Overlay Zoning Code project final program EIR is maintained as a result of no impact, or adequate mitigation. A traffic study was conducted for this application to assess the localized impacts of the project, including TDR. This analysis was based on the analysis conducted for the IBC Vision Plan and Mixed Use Overlay Zoning Code EIR. This study evaluated the traffic impacts of 287 units, which requires the transfer 16,923 square feet of development intensity values (22 AM, 23 PM and 233 ADT) because the project requires more development intensity than currently exists at the site. The traffic study identified 2070 Main Street as the sending site. A waiver of 57 AD is being requested and has been determined consistent with Zoning Code Section 9-36-10, based on the results presented in the traffic study. In accordance with the traffic study prepared for this project pursuant to the City’s Traffic Study Guidelines, no adverse impacts would occur to the surrounding circulation system as a result of this transfer. SECTION 7. The findings required to be made for the approval of a project proposing to exceed the AD DIV limits specified for a site in the IBC database, as set forth by Section 9-36-10 of the Zoning Code have been made as follows: A. Approval of the project will not result in exceeding the AM and PM DIV established for the project site in the IBC database. The average daily DIV limits established for the project site in the IBC database may be exceeded only if the traffic analysis has identified no impacts, or has identified impacts and mitigation measures that show the circulation system has the capacity to accommodate the project. The traffic study conducted for this project shows that the circulation system has the capacity to accommodate the proposed project with no impacts. With the AD waiver, the project will not exceed the AM and PM DIV established for the project site in the IBC database. B. Approval of the project will not jeopardize the ability of the City of Irvine to qualify for funding sources, including but not limited to the Orange County congestion management program (CMP). Approval of this project will not jeopardize the ability of the City to qualify for funding sources.
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SECTION 8. The City Council approves the Affordable Housing Plan, which provides 18 units restricted for occupancy by very low income households, zero unit for low income households, and 11 units restricted for occupancy by moderate income households, including a Density Bonus for 58 (i.e., 25 percent) market rate units above the project’s 229 “base” units. SECTION 9. The findings required for the approval of a conditional use permit as set forth in Section 2-9-7 of the Zoning Code have been made as follows: A.
The proposed location of the conditional use is in accord with the objectives of Section 1-1 of the Zoning Code and the purpose of the zoning district in which the site is located. The subject site has zoning designations of 5.1, IBC Multi-Use, 5.3, IBC Residential, and is also located in the Urban Neighborhood overlay zone. Both the 5.1 and 5.3 zones support residential use with an approved conditional use permit. The Urban Neighborhood overlay specifies parcels within the IBC where residential development is appropriate up to a maximum cap of 15,000 base units and 2,038 density bonus units. A minimum residential density of 30 units to the acre is required. The proposed development is consistent with these criteria. Its proposed total residential unit count is within the cap established for the IBC and the parcels proposed for development are properly designated for residential use in the Urban Neighborhood overlay. The project’s overall density is about 62.74 units to the acre.
B.
The proposed conditional use will not be detrimental to the public health, safety, or welfare, nor be materially injurious to properties or improvements in the vicinity. The project will not be detrimental to the public health, safety, and welfare as the project implements the goals, objectives, and policies of the City’s General Plan and Zoning Code related to housing including affordability, recreation, and environmental quality. This project will add uses similar in nature, intensity, and density as is already found within the local area. The development satisfies its requirements within the boundaries of the project so as to not adversely burden adjacent sites. Furthermore, construction of all improvements and facilities will be in accordance with City Standards and under City inspection.
C.
The proposed conditional use is compatible with existing and future uses to the extent those uses are known and will comply with each of the applicable provisions of the Zoning Ordinance except for approved variances and/or administrative relief per Chapters 2-2 and 2-37. No administrative relief is being requested. The project complies with all applicable development standards of the 5.1, IBC Multi-Use and 5.3, IBC
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Residential zoning district and of the IBC Vision Plan design guidelines. The project adheres to required setbacks along Von Karman and Martin, as well as separation to existing adjacent development along the interior property lines. The proposed residential density comply exceeds the Vision Plan’s minimum of 30 dwelling units to the acre. The 287 total attached residential units are within the IBC Vision Plan’s allocation of 15,000 base and 2,038 density bonus units and remains within the remaining IBC unit allocation. The project conforms to maximum allowed heights of 75 feet and design criteria promoting articulated and expressive architectural design. This project is compatible with existing and future uses as it proposes land uses that are similar in nature, intensity, and density as is already found within the local area. The development satisfies its requirements within the boundaries of the project so as to not adversely burden adjacent sites. D.
If the proposed conditional use permit affects land located within the coastal zone, the proposed conditional use will comply with the provisions of the land use plan of the Certified Local Coastal Program. This conditional use permit is not located with the coastal zone and, therefore, this finding is not applicable.
F.
Based upon information available at the time of approval, adequate utilities, access roads, drainage, and other necessary facilities exist or will be provided to serve the proposed use. The project site and vicinity is fully urbanized and adequately serviced by wet and dry utilities, roads and emergency access.
SECTION 10. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. NOW, THEREFORE, based on the above findings, the City Council of the City of Irvine DOES HEREBY DENY AN APPEAL THEREBY UPHOLDING THE PLANNING COMMISSION’S DECISION TO APPROVE Conditional Use Permit 00578126-PCPU with Transfer of Development Rights and AD waiver, and Affordable Housing Plan subject to the following conditions: MISCELLANEOUS Standard Condition 6.1
DISCRETIONARY CASE CHARGES
The applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application.
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CC Resolution No. 14-XX
Standard Condition 6.2
LEGAL ACTION – HOLD HARMLESS
In accordance with the provisions of Section 5-5-114 of the Irvine Municipal Code and Government Code Section 66474.9, the applicant shall defend, indemnify, and hold harmless the City of Irvine and its agents, officers, and employees from and against any claim, action, or proceeding against the City agency or its agents, officers, or employees to attack, set aside, void, or annul an approval by the City, including, without limitation, an action by an advisory agency, appeal board, or legislative body concerning this discretionary approval. This defense and indemnification shall include the payment of all legal costs incurred on behalf of the City in connection with the application, and the defense of any claim, action or proceeding challenging the approval. The City will promptly notify the applicant of any claim, action, or proceeding and will cooperate fully in the defense. In the event a legal challenge to the discretionary approval is successful, and an award of attorney fees is made to the challenger, the applicant shall be responsible to pay the full amount of such an award. Condition 6.19
COMPLIANCE WITH MAP CONDITIONS
Development of this project shall comply with all applicable conditions of approval from Vesting Tentative Tract Map 17666 (00583914-PTT) as set forth in Planning Commission Resolution 14-XX. Condition 6.20
AFFORDABLE HOUSING AGREEMENT
Approval of the Affordable Housing Plan is contingent upon the City Council’s final action and approval of a separate project Affordable Housing Agreement as required by Code.
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CC Resolution No. 14-XX
PASSED AND ADOPTED by the City Council of the City of Irvine at a regular, meeting held on the 16th day of December, 2014.
____________________________ MAYOR OF THE CITY OF IRVINE
ATTEST:
________________________________ CITY CLERK OF THE CITY OF IRVINE
STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF IRVINE ) I, MOLLY MCLAUGHLIN, City Clerk of the City of Irvine, HEREBY DO CERTIFY that the foregoing resolution was duly adopted at a regular meeting of the City Council of the City of Irvine, held on the 16th day of December, 2014.
AYES:
0
COUNCILMEMBERS:
NOES:
0
COUNCILMEMBERS:
ABSENT:
0
COUNCILMEMBERS:
ABSTAIN:
0
COUNCILMEMBERS:
________________________________ CITY CLERK OF THE CITY OF IRVINE
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CC Resolution No. 14-XX
