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HomeMy WebLinkAbout10-22-18_AGENDA PACKETCITY OF SANTA ANA PLANNING COMMISSION REGULAR MEETING AGENDA October 22, 2018 5:30 P.M. COUNCIL CHAMBER 22 Civic Center Plaza Santa Ana, California MARK McLOUGHLIN Chair, Citywide Representative CYNTHIA CONTRERAS-LEO Vice Chair, Ward 5 Representative ERIC ALDERETE Ward 1 Representative LYNNETTE VERINO Ward 2 Representative KENNETH NGUYEN Ward 3 Representative ROMAN REYNA Ward 4 Representative BEATRIZ MENDOZA Ward 6 Representative The Planning Commission Agenda can be found online at http://www.ci.santa-ana.ca.us/coc/granicus.asp Si tiene preguntas en español, favor de llamar a Narcee Perez al (714) 667-2260. Nếu cần liên lạc bằng tiếng Việt, xin điện thoại cho Tony Lai số (714) 565-2627. If you wish to submit a comment on any item on the Agenda, please submit to eComments@santa-ana.org by 3 p.m. the day of the meeting; emails received after said time will be on file for public viewing the day after the meeting. If you need special assistance to participate in this Planning Commission meeting, please contact Michael Ortiz, City ADA Program Coordinator, at (714) 647-5624. Please call prior to the meeting date, to allow the City time to make reasonable arrangements for accessibility to this meeting. [Americans with Disabilities Act, Title II, 28 CFR 35.102] Lisa E. Storck Legal Counsel Candida Neal, AICP Planning Manager Sarah Bernal Recording Secretary Minh Thai Executive Director PLANNING COMMISSION AGENDA 1 October 22, 2018 Basic Planning Commission Meeting Information Five-Year Strategic Plan (2014-2019) Detailed information at: http://www.santa-ana.org/strategic-planning/ Vision, Mission and Guiding Principles - The City of Santa Ana is committed to achieving a shared vision for the organization and its community. The vision, mission and guiding principles (values) are the result of a thoughtful and inclusive process designed to set the City and organization on a course that meets the challenges of today and tomorrow. Vision - The dynamic center of Orange County which is acclaimed for our: •Investment in youth •Safe and healthy community •Neighborhood pride •Thriving economic climate •Enriched and diverse culture •Quality government services Mission – “To deliver efficient public services in partnership with our community which ensures public safety, a prosperous economic environment, opportunities for our youth, and a high quality of life for residents.” Guiding Principles •Collaboration •Efficiency •Equity •Excellence •Fiscal Responsibility •Innovation •Transparency Strategic Plan Goals/Objectives/Strategies: Goal 1 - Community Safety Goal 2 - Youth, Education, Recreation Goal 3 - Economic Development Goal 4 - City Financial Stability Goal 5 - Community Health, Livability, Engagement & Sustainability Goal 6 - Community Facilities & Infrastructure Goal 7 - Team Santa Ana ********* Code of Ethics and Conduct - The people of the City of Santa Ana, at an election held on February 5, 2008, approved an amendment to the City Charter which established the Code of Ethics and Conduct for elected officials and members of appointed boards, commissions, and committees to assure public confidence. A copy of the City’s Code can be found on the Clerk of the Council’s webpage. The following are the core values expressed: Integrity · Honesty · Responsibility · Fairness · Accountability · Respect · Efficiency Agenda Information - The agenda descriptions provide the public with a general summary of the items of business to be considered by the Planning Commission. The Planning Commission is not limited in any way by the “Recommended Action” and may take any action which the Commission deems to be appropriate on an agenda item. Except as otherwise provided by law, no action shall be taken on any item not listed on the agenda. Public Comments/Public Input - Pursuant to Government Code Sec. 54954.3, the public may address the Planning Commission on any and all matters within the Commission’s jurisdiction. At the discretion of the Chair, at the first Public Comment portion of the meeting, all comments may be considered jointly. The public will be given the opportunity to speak on any and all matters contained on any of the Consent Calendar and Business Calendar items and/or on issues of public interest within the jurisdiction of the Commission. Members of the public shall be given three (3) minutes for each duly noticed hearing (unless the matter is continued prior to taking public testimony). All requests to speak shall be submitted in writing to the Commission Secretary at the beginning of the meeting and before Public Comments begin. Speaker forms will be available at the meeting. REQUESTS TO SPEAK SHALL NOT BE ACCEPTED AFTER THE PUBLIC COMMENT SESSION BEGINS WITHOUT PERMISSION OF THE CHAIR. When speaking, all persons addressing the Planning Commission shall follow the rules of decorum as detailed on the back of the speaker form. The presiding officer shall have the power and responsibility to enforce decorum and order of the meeting as set forth in Section 2-104(c) of the Santa Ana Municipal Code. Consent Calendar - All matters listed under the Consent Calendar are considered to be routine by the Planning Commission and will be enacted by one motion without discussion unless a member of the Commission “pulls” an item(s) from the consent calendar for a separate vote. Senate Bill 343 - As required by Senate Bill 343, any non-confidential writings or documents provided to a majority of the Planning Commission members regarding any item on this agenda will be made available for public inspection in the Planning & Building Agency during normal business hours. Agenda & Minutes - Staff reports and documents relating to each agenda item are on file in the office of the Planning & Building Agency and are available for public inspection during regular business hours, 8:00 a.m. – 5:00 p.m., Monday through Thursday and alternate Fridays. The Planning & Building Agency is located in City Hall Ross Annex, 20 Civic Center Plaza, 2nd Floor, Santa Ana, California, (714)667- 2700. Council meeting agendas, staff reports, and minutes are available the Friday before a Planning Commission meeting at the following website address: www.santa-ana.org PLANNING COMMISSION AGENDA 2 October 22, 2018 CITY OF SANTA ANA PLANNING COMMISSION MEETING AGENDA CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE PUBLIC COMMENTS - At this time the members of the public may address the Planning Commission regarding any non-agenda items within the subject matter jurisdiction of the Commission. No action may be taken on non-agenda items unless authorized by law. RECOMMENDED ACTION: Approve staff recommendation on the following Consent Calendar Item: A-B. A. MINUTES FROM THE REGULAR MEETING OF OCTOBER 8, 2018 {STRATEGIC PLAN NO. 5, 1} RECOMMENDED ACTION: Approve Minutes. B. EXCUSED ABSENCES RECOMMENDED ACTION: Excuse absent commission members. * * * END OF CONSENT CALENDAR * ** CONSENT CALENDAR All matters listed under the Consent Calendar are considered routine by the Planning Commission. These items will be enacted by one motion without discussion unless otherwise directed by the Chairperson. Persons wishing to speak regarding Consent Calendar matters should file a "Request to Speak" form with the Recording Secretary. PLANNING COMMISSION AGENDA 3 October 22, 2018 RESOLUTIONS 1. SITE PLAN REVIEW NO. 2018-02 FOR THE ELAN MIXED-USE PROJECT LOCATED AT 1660 EAST FIRST STREET - WERMERS PROPERTIES, APPLICANT {STRATEGIC PLAN NOS. 3, 2; 5, 3; 5, 4} – Ali Pezeshkpour, Case Planner RECOMMENDED ACTION: Adopt a resolution approving Site Plan Review No. 2018-02 as conditioned for the Elan mixed-use development project. PUBLIC HEARING 2. GENERAL PLAN AMENDMENT NO. 2018-04 AND AMENDMENT APPLICATION NO. 2018-07 FOR THE ANNEXATION OF A 25-ACRE COUNTY ISLAND AT THE NORTHEAST CORNER OF SEVENTEENTH STREET AND TUSTIN AVENUE - CITY OF SANTA ANA, APPLICANT {STRATEGIC PLAN NOS.3, 2} – Vince Fregoso, Case Planner. Pursuant to the California Environmental Act (CEQA), the project is exempt per Section 15319 CEQA guidelines. Legal noticed published in the Orange County Register on October 12, 2018 and notices mailed on October 12, 2018. RECOMMENDED ACTIONS: Recommend that the City Council: 1. Adoption of a resolution approving General Plan Amendment No. 2018-04 to predesignate properties on the General Plan Land Use Map; and 2. Adoption of an ordinance approving Amendment Application No. 2018-07 to prezone properties to be consistent with the City’s zoning designations. 3. CONDITIONAL USE PERMIT NO. 2018-19, CONDITIONAL USE PERMIT NO. 2018-20 AND VARIANCE NO. 2018-11 TO ALLOW AN EATING ESTABLISHMENT WITH DRIVE- THROUGH SERVICE, AFTER-HOURS OPERATIONS AND A DRIVEWAY WITHIN 150 OF AN INTERSECTION AT 2301 NORTH TUSTIN AVENUE – RALPH DEPPISCH, APPLICANT {STRATEGIC PLAN NO. 3, 2} – Selena Kelaher, Case Planner. Pursuant to the California Environmental Act (CEQA), the project is exempt per Section 15303 – Class 3 – New Construction or Conversion of Small Structures of the CEQA guidelines. BUSINESS CALENDAR All matters listed under the Business Calendar are generally items requiring discussion and action. Persons wishing to speak regarding Business Calendar matters should file a "Request to Speak" form with the Recording Secretary. PLANNING COMMISSION AGENDA 4 October 22, 2018 Matter continued from the October 8, 2018 by a vote of 5:0 (Mendoza and Nguyen absent). Legal noticed published in the Orange County Reporter on September 28, 2018 and notices mailed on September 28, 2018. RECOMMENDED ACTIONS: 1. Adopt a resolution approving Conditional Use Permit No. 2018-19 as conditioned to allow drive-through window service; 2. Adopt a resolution approving Conditional Use Permit No. 2018-20 as conditioned to allow for after-hours operations within 150 feet of residentially zoned and used property; and 3. Adopt a resolution approving Variance No. 2018-11 as conditioned to allow for a driveway within 150 feet of a street intersection. 4. ZONING ORDINANCE AMENDMENT NO. 2018-04 TO AMEND VARIOUS SECTIONS OF CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE RELATING TO R2 AND TOWNHOUSE STANDARDS, SCHOOLS, CITYWIDE DESIGN GUIDELINES, AND FRENCH PARK (SD-19) AND HENINGER PARK (SD-40) – CITY OF SANTA ANA, APPLICANT {STRATEGIC PLAN NOS.3, 2; 5, 3} – Jerry Guevara, Case Planner. Pursuant to the California Environmental Act (CEQA), the project is exempt per Section 15061(b)(3) CEQA guidelines. Matter continued from the October 8, 2018 meeting by a vote of 5:0 (Mendoza and Nguyen absent). Legal noticed published in the Orange County Register on September 14, 2018 and notices mailed on September 14, 2018. RECOMMENDED ACTION: Recommend that the City Council adopt an ordinance approving Zoning Ordinance Amendment (ZOA) No. 2018-04 to amend several sections of Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC) and sections of Specific Development No. 19 (SD-19)/French Park and Specific Development No. 40 (SD-40)/ Heninger Park. ADMINISTRATIVE MATTERS 5. CALL FOR A SPECIAL MEETING ON NOVEMBER 5, 2018 TO CONSIDER THE PROPOSED PROJECT LOCATED AT 2525 NORTH MAIN STREET. RECOMMENDED ACTION: Hold a Special Meeting on November 5, 2018. PLANNING COMMISSION AGENDA 5 October 22, 2018 * * * END OF BUSINESS CALENDAR * * * COMMENTS 6. STAFF COMMENTS 7. COMMISSION MEMBER COMMENTS ADJOURNMENT – In observance of Veteran’s Day, the meeting scheduled for November 12 is canceled. The next regular meeting is scheduled for Monday, November 26, 2018 at 5:30 p.m. in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California. FUTURE AGENDA ITEMS • AA 2018-09: 1010 N Tustin Ave_ Calvary Church of Santa Ana • 2525 N. Main Street • Housing Opportunity Ordinance Review 1 PLANNING COMMISSION MINUTES October 8, 2018 ACTION MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA, CALIFORNIA October 8, 2018 CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA 5:34 P.M. ATTENDANCE COMMISSIONERS Present: ERIC ALDERETE CYNTHIA CONTRERAS-LEO, Vice Chair MARK MCLOUGHLIN, Chair ROMAN REYNA LYNETTE VERINO COMMISSIONERS Absent: KENNETH NGUYEN BEATRIZ MENDOZA STAFF Present: ROBERT CORTEZ, Deputy City Manager CANDIDA NEAL, Planning Manager LISA STORCK, Assistant City Attorney TAIG HIGGINS, Principal Civil Engineer SELENA KELAHER, Case Planner IVAN OROZCO, Case Planner HEIDI JACINTO, Case Planner SARAH BERNAL, Recording Secretary PLEDGE OF ALLEGIANCE PUBLIC COMMENTS (on non-agenda items):  Genelle Johnson: Spoke in opposition to the proposed project located at 2525 N. Main Street; indicated there are several vacancies in nearby apartment buildings; concerned with traffic.  Dale Helvig: Spoke in opposition to the proposed project located at 2525 N. Main Street; opined the development project on King Street and Fairview is a good fit for the area and should be used an example for future projects.  Sue McDonald: Spoke in opposition to the proposed project located at 2525 N. Main Street; the project will change the character of Park Santiago. A-1 2 PLANNING COMMISSION MINUTES October 8, 2018 CONSENT CALENDAR A. MINUTES FROM THE REGULAR MEETING OF AUGUST 27, 2018 MOTION: Approve Minutes. MOTION: Alderete SECOND: Reyna VOTE: AYES: Alderete, Contreras-Leo, McLoughlin, Reyna, Verino (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Mendoza, Nguyen (2) B. MINUTES FROM THE ADJOURNED MEETING OF SEPTEMBER 24, 2018 MOTION: Approve Minutes. MOTION: Alderete SECOND: Contreras-Leo VOTE: AYES: Alderete, Contreras-Leo, McLoughlin, Reyna, Verino (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Mendoza, Nguyen (2) C. EXCUSED ABSENCES MOTION: Excuse absent commission members: Mendoza and Nguyen. MOTION: Reyna SECOND: Verino VOTE: AYES: Alderete, Contreras-Leo, McLoughlin, Reyna, Verino (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Mendoza, Nguyen (2) * * * END OF CONSENT CALENDAR * ** A-2 3 PLANNING COMMISSION MINUTES October 8, 2018 BUSINESS CALENDAR ITEMS PUBLIC HEARINGS Item Nos. 1 - 4 carried forward from the September 24, 2018 meeting due to lack of quorum. 1. ZONING ORDINANCE AMENDMENT NO. 2018-04 TO AMEND VARIOUS SECTIONS OF CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE RELATING TO R2 AND TOWNHOUSE STANDARDS, SCHOOLS, CITYWIDE DESIGN GUIDELINES, FRENCH PARK (SD-19) AND HENINGER PARK (SD-40) Legal noticed published in the Orange County Register on September 14, 2018 and notices mailed on September 14, 2018. MOTION: Continue the matter to the October 22, 2018 meeting. MOTION: McLoughlin SECOND: Alderete VOTE: AYES: Alderete, Contreras-Leo, McLoughlin, Reyna, Verino (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Mendoza, Nguyen (2) 2. GENERAL PLAN AMENDMENT NO. 2018-04 AND AMENDMENT APPLICATION NO. 2018-07 FOR THE ANNEXATION OF A 25-ACRE COUNTY ISLAND AT THE NORTHEAST CORNER OF SEVENTEENTH STREET AND TUSTIN AVENUE Legal noticed published in the Orange County Register on September 14, 2018 and notices mailed on September 14, 2018. Deputy City Manager Cortez reported that the County received a proposal to construct two new restaurants (In-N-Out and Chic-Fil-A) on the vacant parcel of land at the northeast corner of Seventeenth Street and Tustin Avenue; explained that the Local Agency Formation Commission (LAFCO) has determined that the vacant parcel of land is under Santa Ana’s sphere of influence; discussed the need for the City to not only consider the financial benefit to the proposed annexation, but also to consider the overall benefit to the community. Case Planner Kelaher provided additional information on the background, annexation process, site description, actions needed, proposed general plan designations, and pre- zoning. Commission discussion ensued regarding number of residences, property tax, number of business, sales tax, cost for public services to the area, annexation timeline, benefits to the community, and community opposition. A-3 4 PLANNING COMMISSION MINUTES October 8, 2018 Written comment was received and distributed to the Commission:  Ben Meekhof: Opposed. Chair McLoughlin opened the Public Hearing. The following spoke on the matter:  Adam Rice: Spoke in opposition; has surveyed the residents and they are opposed; feels more aligned to Tustin than Santa Ana.  Peter Willingham, representative for In-N-Out and Chik-Fil-A: Spoke in support; any traffic issues produced from businesses will be addressed. There were no other speakers and the hearing was closed. Commission commented on the need to consider the traffic produced by the proposed tenants. Comments were also made on the benefit the annexation will have on the area. Further comments were made on the need for an economic analysis before reaching a decision. MOTION: Recommend that the City Council: 1. Adoption of a resolution approving General Plan Amendment No. 2018-04 to predesignate properties on the General Plan Land Use Map 2. Adoption of an ordinance approving Amendment Application No. 2018-07 to prezone properties to be consistent with the City’s zoning designations. MOTION: Alderete SECOND: Reyna VOTE: AYES: Alderete, McLoughlin, Reyna (3) NOES: Contreras-Leo, Verino (2) ABSTAIN: None (0) ABSENT: Mendoza, Nguyen (2) *Motion Fails. Planning Manager Neal announced at the end of the meeting that Government Code Section 65354 requires a majority vote (4 members) for an affirmative vote. It was later determined that the matter would be reconsidered by the Commission. Matter was scheduled to be reconsidered on October 22, 2018.* 3. GENERAL PLAN AMENDMENT NO. 2018-05 TO DESIGNATE 325 NORTH TUSTIN AVENUE AND 2321 EAST 4TH STREET AND TO GENERAL COMMERCIAL, AMENDMENT APPLICATION NO. 2018-08 TO REZONE THE PROPERTIES AT 301, 325 AND 401 NORTH TUSTIN AVENUE AND 2320 EAST 4 TH STREET TO GENERAL COMMERCIAL, CONDITIONAL USE PERMIT NO. 2018-18 TO ALLOW A DRIVE- A-4 5 PLANNING COMMISSION MINUTES October 8, 2018 THROUGH, AND VARIANCE NO. 2018-10 TO ALLOW A REDUCTION IN LANDSCAPE SETBACKS FOR THE DEVELOPMENT OF A GAS STATION, CONVENIENCE STORE AND RETAIL PAD Legal noticed published in the Orange County Register on September 14, 2018 and notices mailed on September 14, 2018. Case Planner Kelaher provided a presentation which included a description of the project site, development standards, site plan, General Plan Amendment, Amendment Application, Conditional Use Permit variance, and the Mitigated Negative Declaration. Commission discussion ensued regarding the Brownfield Act, traffic study, and variance. The applicant spoke in support of the matter and addressed questions regarding contamination of the site and possible tenants. Chair McLoughlin opened the Public Hearing. There were no speakers and the hearing was closed. MOTION: Recommend that the City Council: 1. Adoption of a Mitigated Negative Declaration, Environmental Review No. 2016-156. 2. Adoption of a resolution approving General Plan Amendment No. 2018-05. 3. Adoption of an ordinance approving Amendment Application No. 2018-08. Planning Commission adopt resolutions: 1. Approving Conditional Use Permit No. 2018-18 as conditioned. 2. Approving Variance No. 2018-10 as conditioned. MOTION: Verino SECOND: Contreras Leo VOTE: AYES: Alderete, Contreras-Leo, McLoughlin, Reyna, Verino (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Mendoza, Nguyen (2) 4. VARIANCE NO. 2018-09 TO ALLOW THE CONSTRUCTION OF A 15-FOOT HIGH BY 8- FOOT WIDE FREESTANDING MONUMENT SIGN FOR A SHOPPING CENTER LOCATED AT 3300 SOUTH BRISTOL STREET A-5 6 PLANNING COMMISSION MINUTES October 8, 2018 Legal noticed published in the Orange County Reporter on September 14, 2018 and notices mailed on September 14, 2018. Case Planner Orozco provided a presentation which included a description of the project, project background and project analysis. Commission discussion ensued regarding variances and landscape plan. The applicant spoke in support of the matter. Written comment was received and distributed to the Commission:  John Dietrich: Favor MOTION: Adopt a resolution approving Variance No. 2018-09 as conditioned with the added condition that landscape be placed around the base of the monument sign to prevent loitering and graffiti. MOTION: Contreras- Leo SECOND: Alderete VOTE: AYES: Alderete, Contreras-Leo, McLoughlin, Reyna, Verino (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Mendoza, Nguyen (2) 5. CONDITIONAL USE PERMIT NO. 2018-19, CONDITIONAL USE PERMIT NO. 2018-20 AND VARIANCE NO. 2018-11 TO ALLOW AN EATING ESTABLISHMENT WITH DRIVE- THROUGH SERVICE, AFTER-HOURS OPERATIONS AND A DRIVEWAY WITHIN 150 OF AN INTERSECTION AT 2301 NORTH TUSTIN AVENUE Legal noticed published in the Orange County Reporter on September 28, 2018 and notices mailed on September 28, 2018. Case Planner Kelaher provided a presentation which included a description of the project, project background, project analysis, and review of requested Conditional Use Permits and variances. Commission discussion ensued regarding the drive-through window service. The applicant spoke in support of the matter. Written comment was received and distributed to the Commission:  Kim Cordoba: Opposed Chair McLoughlin opened the Public Hearing. The following spoke on the matter: A-6 7 PLANNING COMMISSION MINUTES October 8, 2018  Gail Price: Spoke in opposition; concerned with traffic and an increase in the homeless population in the nearby neighborhood.  Paul Dunn: Spoke in opposition; concerned with traffic and safety. There were no other speakers and the hearing was closed. Commission discussion ensued regarding turning lanes on Santa Clara Avenue, traffic on Tustin Avenue, and the need for a protected left-hand turn signal on Santa Clara Avenue Principal Civil Engineer Higgins reported that the traffic data indicates that the intersection in question is safe; unsure if a left-hand turn signal is warranted. A pork chop island on site was suggested for the Tustin Avenue driveway. The applicant addressed the concerns: This site will help to mitigate traffic at the Starbucks location on 17th/Tustin Aveunue; adding a pork chop island on site would be problematic due to the size of the driveway. Commission generally agreed that the applicant should discuss alternatives to mitigate traffic concerns. MOTION: Continue the matter until October 22, 2018. MOTION: Verino SECOND: Contreras-Leo VOTE: AYES: Alderete, Contreras-Leo, McLoughlin, Reyna, Verino (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Mendoza, Nguyen (2) 6. CONDITIONAL USE PERMIT NO. 2018-21 TO ALLOW AN EXISTING 60-FOOT TALL WIRELESS COMMUNICATION FACILITY LOCATED AT 2200 EAST MCFADDEN AVENUE Legal noticed published in the Orange County Reporter on September 28, 2018 and notices mailed on September 28, 2018. Case Planner Jacinto provided a presentation which included a description of the project, project background and project analysis. Chair McLoughlin opened the Public Hearing. There were no speakers and the hearing was closed. MOTION: Adopt a resolution approving Conditional Use Permit No. 2018-21 as conditioned. MOTION: Verino SECOND: Alderete A-7 8 PLANNING COMMISSION MINUTES October 8, 2018 VOTE: AYES: Alderete, Contreras-Leo, McLoughlin, Verino (4) NOES: None (0) ABSTAIN: None (0) ABSENT: Mendoza, Nguyen, Reyna (3) COMMENTS 7. STAFF COMMENTS: Planning Manager Neal  Announced that a majority vote (4 members) was needed for Item No. 2; will not go forward to City Council as an approval. 8. PLANNING COMMISSION MEMBER COMMENTS: Commissioner Reyna  Encouraged everyone to participate in the 5k race in Downtown Santa Ana on October 20. Chair McLoughlin  Would have like the clarification of the vote on Item No. 2 to have been made during the time the item was considered. ADJOURNED – 7:19 P.M. - The next meeting of the Planning Commission is scheduled for Monday, October 22, 2018 at 5:30 p.m. in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California. Sarah Bernal Recording Secretary A-8 1-1 1-2 Resolution No. 2018-xx RESOLUTION NO. 2018-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING SITE PLAN REVIEW NO. 2018-02 AS CONDITIONED FOR A NEW MIXED-USE FAMILY RENTAL RESIDENTIAL AND COMMERCIAL DEVELOPMENT FOR THE PROPERTY LOCATED AT 1660 EAST FIRST STREET BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Branden Wermers, representing Santa Anna First Street LLC (“Applicant”), is requesting approval of Site Plan Review No. 2018-02, as conditioned to allow the construction of a new mixed-use 603-unit rental residential and commercial development at 1660 East First Street. B. The Metro East Mixed Use (MEMU) Overlay Zone was adopted in 2007 as a result of interest in developing mixed-use residential and commercial projects in its project area. The City of Santa Ana expanded and amended the MEMU to include the subject property and additional properties along First Street between Grand Avenue and the Santa Ana (I- 5) Freeway. The regulating plan, which establishes land uses and development standards, allows a variety of housing and commercial projects, including mixed-use residential communities, live/work units, hotels, and offices. C. On July 23, 2018, the Planning Commission of the City of Santa Ana held a duly noticed public hearing and at that time considered all testimony, written and oral. D. Section 41-595.5 of the Santa Ana Municipal Code (SAMC) requires a review by the Planning Commission of all plans within a zoning district classification combined with an OZ suffix where the applicant wants to apply the overlay zone, to ensure the project is in conformity with the overlay zone plan. E. The zoning designation for the subject property was approved by the City Council on October 2, 2018 as evidenced by Ordinance No. NS-2955, Resolution No. 2018-075 and has been designated as Metro East Mixed Use (MEMU) Overlay Zone (OZ-1) in the Active Urban land use district. EXHIBIT 1 1-3 Resolution No. 2018-xx F. The approval herein will be effective upon the 31st day after the date Ordinance No. NS-2955 was adopted unless Ordinance No. NS-2955 was replaced or contested. G. The Planning Commission determines that the following findings, which must be established in order to grant this Site Plan Review pursuant to SAMC Section 41-595.5, have been established for Site Plan Review No. 2018-03 to allow construction of the proposed project. 1. That the proposed development plan is consistent with and will further the objectives outlined in Section 1.2 for the MEMU overlay district. The proposed development project will be compatible with Section 1.2 (Objectives) of the Metro East Overlay zone. The proposed project will contain 603 residential units (seven live/work units) with a substantial commercial component of 8,900 square feet, which can be nearly doubled if a mezzanine or second floor were constructed within. In addition, the project has been designed to feature a public plaza at its frontage on First Street, an ample amount of publicly-accessible open space, and a full reconstruction of Elk Lane between First Street and Chestnut Avenue leading to the Santa Ana Zoo. Constructing 603 units in the project area will add to the residential population in the area, stimulating demand for community-serving commercial uses such as restaurants, retail stores, services, and other similar uses. Finally, the project meets several General Plan goals and policies, including the Land Use Element’s Goal 2 (to encourage diversity of quality housing, affordability levels, and living experiences), Goal 4 (to provide adequate rental and ownership housing and supportive services), and the Housing Element’s policies HE-2.3 and 2.4 (to encourage construction of rental housing, facilitate diverse types of housing, prices, and sizing). 2. That the proposed development plan is consistent with the development standards specified in Section 4 of the MEMU overlay district. Although the project complies with the majority of development standards enumerated in the MEMU regulating plan, it does not meet the requirements for certain building setbacks, which the project exceeds. These standards required approval of a zoning ordinance amendment by the City Council as part of the overall MEMU expansion and amendments project. 1-4 Resolution No. 2018-xx 3. That the proposed development plan is designed to be compatible with adjacent development in terms of similarity of scale, height, and site configuration and otherwise achieves the objectives of the Design Principles specified in Section 5 of the MEMU overlay district. The proposed development consists of two multi-level structures ranging from five to seven stories in height. Two- level multiple-family residential communities abut the site to the south and are across Lyon Street to the west, a three- level hotel is to the north across First Street, and the Santa Ana Zoo is across Elk Lane to the east. The MEMU anticipates developments of this scale or larger in the “Active Urban” land use district, and this development would be consistent with the scale of recently-approved developments in the MEMU area, including the Madison (200 N. Cabrillo Park Drive) and two AMG housing communities (2222 and 2114 East First Street). Moreover, the project contains ground-floor non-residential (commercial and community) spaces at the front of the project, which will activate First Street. These spaces have been designed to feature ground- floor ceiling heights up to 24 feet tall, enhancing the urban, mixed-use atmosphere envisioned by the MEMU overlay district. 4. That the land use uses, site design, and operational considerations in the proposed development plan have been planned in a manner that will result in a compatible and harmonious operation as specified in Section 7 of the MEMU overlay district. The proposed project is consistent with the scale and intensity of projects anticipated in the original MEMU EIR and the Subsequent EIR (SEIR) (SCH No. 2006031041) prepared for the MEMU Overlay Zone regulating plan. No negative impacts from noise, air quality, aesthetics, or traffic are expected except for temporary impacts arising during construction of the project. However, the SEIR identifies the demolition of the now-vacant Elks Club building as the loss of an eligible historic resource. To mitigate this loss, the project will incorporate certain architectural and building elements into its design. Finally, the site’s design is intended to activate First Street by providing a two-story volume commercial space, over 16,000 square feet, which can accommodate a variety of commercial tenants such as a large pharmacy, several smaller tenants, or a neighborhood market or café. 1-5 Resolution No. 2018-xx H. The Applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the project, including, without limitation, any environmental review or approval, except to the extent caused by the sole negligence of the City of Santa Ana. Section 2. In accordance with the California Environmental Quality Act (CEQA), the recommendation is analyzed by the certified EIR prepared for the MEMU Overlay Zone and the certified SEIR prepared for the MEMU expansion and amendments project (SCH No. 2006031041). In accordance with the California Environmental Quality Act (CEQA), the recommended action has been determined to be adequately evaluated in the previously certified EIR No. 2006-01 (SCH No. 2006031041) and the certified SEIR 2018-15 as per Sections 15162 and 15168 of the CEQA guidelines. All mitigation measures in EIR No. 2006-01 and associated Mitigation Monitoring and Reporting Program (MMRP) have been enforced and continue to apply to the proposed project. The same measures identified in the 2006 MMRP are carried over within the SEIR. The EIR for the MEMU expansion adequately and fully analyzed the proposed project and it is determined that the MEMU EIR is sufficient to satisfy CEQA review for the proposed project because the proposed project will, among other things, result in no new or increased environmental effects that would require different or new mitigation. In addition, a health risk assessment (HRA) was prepared to identify any impacts from developing a residential community near a major freeway. Using two methods of analysis, the HRA finds that a less than significant impact to project residents would occur due to the project’s proximity to a major freeway. As outlined in the accompanying staff report, the project is consistent with the City’s General Plan and the MEMU regulating plan. Section 3. The Planning Commission of the City of Santa Ana, after conducting the public hearing, hereby approves Site Plan Review No. 2018-02 as conditioned in Exhibit A attached hereto and incorporated as though fully set forth herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated July 23, 2018, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. Section 6. This Resolution shall not be effective unless and until Ordinance No. NS-2955 for the MEMU Overlay Zone expansion and amendments project becomes effective. If said Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise does not go into effect for any reason, then this resolution shall be null and void and have no further force and effect. ADOPTED this 22nd day of October, 2018 by the following vote: 1-6 Resolution No. 2018-xx AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: ***Signature page follows*** _______________________ Mark McLoughlin Chairman APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:________________________ Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL Recording Secretary, do hereby attest to and certify the attached Resolution No. 2018-XXXX to be the original resolution adopted by the Planning Commission of the City of Santa Ana on October 22, 2018. Date: ________________ ____________________________________ Recording Secretary City of Santa Ana 1-7 Resolution No. 2018-xx Conditions for Approval for Site Plan Review No. 2018-02 Site Plan Review No. 2018-02 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. In addition, it shall meet the following conditions of approval: The Applicant or Owner, or Owner’s successor(s) or assignee(s) (collectively, “Applicant”) with the City’s consent, which shall not be unreasonably withheld, must comply with each and every condition listed below prior to exercising the rights conferred by this site plan review. The Applicant must remain in compliance with all conditions listed below throughout the life of the development project. Failure to comply with each and every condition may result in the revocation of the site plan review. A. Planning Division 1. All proposed site improvements must conform to the Development Project Review approval of DP No. 2017-06. 2. The approved Development is as follows: A mixed-use development project consisting of 603 residential and live/work units and 8,530 square feet of commercial area and 1,209 parking spaces. Specifically, the project will include 310 residential units and seven live/work units in one building and 293 residential units in the other. The buildings will be five and seven stories in height and will consists of approximately 49.6-percent one- and two-bedroom units and 50.4- percent two- and three-bedroom units. The Elan project is comprised of two buildings, the first with seven stories and the second with five. Open space will be provided at 100 square feet per unit, with publicly-accessible open space ranging from 18 percent (Building 2) to 23 percent (Building 1). The publicly-accessible open space shall be a large street-level courtyard between the two buildings on the project site. The courtyard shall contain a large lawn, forest walk, pavilion, dog area, boardwalks, bike racks, and a drop-off area for the community and public. The courtyard will be surrounded by an artist gallery, leasing office, and other community amenities. Additional open space on site will serve the residents and tenants within the community. Amenity rooms, decks and balconies, two pool areas and private courtyards, and view rooms will also be provided at a rate of 100 square feet per unit. · 3. The Applicant shall agree to all recommendations contained within the required technical studies and reports prepared for the project. All studies and reports shall be finalized by the Applicant and approved by the City of Santa Ana prior to issuance of building permits. 1-8 Resolution No. 2018-xx 4. Any amendment to this site plan review, including modifications to approved materials, finishes, architecture, site plan, landscaping, unit count, mix, and square footages must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or if the site plan review must be amended. 5. A residential property manager shall be available at all times that the Project is occupied and onsite management shall at all times maintain a 24-hour emergency contact and contact information on file with the City that is also posted at the entrance to the leasing office for public view. 6. All Project mechanical equipment shall be screened from view from public and courtyard areas. 7. A final detailed amenity plan must be submitted by the Applicant to the Planning Division and approved prior to issuance of any building permits. The plan shall include details on the hardscape design, lighting concepts and outdoor furniture for amenity, plaza, or courtyard areas, as well as an installation plan. 8. Prior to installation of landscaping, Applicant shall submit photos and specifications of all trees to be installed on the Project site for review and approval by the Planning Division. Specifications shall include, at a minimum, the species, box size (24 inches minimum), brown trunk height (10-foot minimum), and name and location of the supplier. 9. Prior to issuance of certificate of occupancy and/or building permit final, Applicant shall record a maintenance agreement for street improvements on the west side of Elk Lane, including long-term maintenance of the parkway (irrigation and landscaping but excluding street trees) and the sidewalk. The agreement shall be reviewed and approved by Applicant and the City’s Public Works Agency, Planning and Building Agency, Parks, Recreation and Community Services Agency, and City Attorney Office. 10. Prior to issuance of certificate of occupancy and/or building permit finals, Applicant shall obtain permits for and construct improvements to Elk Lane as per the proposed street improvement plans in DP No. 2017-06. 11. Applicant shall maintain or cause to be maintained the interior and exterior of the Project and the Property in a decent, safe and sanitary manner, and in accordance with the standard of maintenance of first class multifamily rental apartment complexes within Orange County. If at any time Applicant fails to maintain the Project or the Property in accordance with this Site Plan Review approval and such condition is not corrected within five (5) business days after written notice from City with respect to debris and waste material, or thirty (30) calendar days after written notice from City with respect to general maintenance, landscaping and building improvements, then City, in addition to whatever 1-9 Resolution No. 2018-xx remedy it may have at law or at equity, shall have the right to initiate code enforcement action to ensure that the development be maintained in accordance with all approved project plans. 12. After Project occupancy, landscaping and hardscape materials must be maintained as shown on the approved landscape plans. 13. The full volume (first and second levels) of the commercial square footages on First Street, and the ground floor (shopkeeper) commercial spaces within each live/work unit on Lyon Street, shall be maintained for commercial purposes only and may not be converted or used for residential purposes. 14. The Applicant shall maintain a minimum of 20,000 square feet of commercial space within the project at all times. A floor plan of the commercial space shall be provided at plan check submittal for verification. 15. Prior to issuance of building permits, Applicant shall submit a Resident Storage Plan for the Project. Storage shall be available at no cost to the residents. 16. Prior to issuance of building permits, Applicant shall submit a construction schedule and staging plan to the Planning Division for review and approval. The plan shall include construction hours, staging areas, parking and site security/screening during Project construction. 17. Applicant shall provide onsite parking for residents and visitors of the Project and actively monitor the parking demand of the Project site. Applicant shall take continually monitor and take appropriate measures to manage the parking demand of the Project site to mitigate the use of offsite parking spaces on private or public properties and/or right-of-way. Prior to issuance of the certificate of occupancy and/or building permit finals, Applicant shall submit and obtain approval from the Planning and Building Agency a Parking Management Plan (the “PMP”) meeting the requirements of this condition. The approved PMP shall be adhered to and be enforced by the Project at all times. 18. Prior to plan check submittal, the applicant shall submit a public art plan for review. A maximum of $500,000 of the public art requirement for the project shall be utilized for the creation of a sign program, construction of signage, and the installation of signage for the Santa Ana Zoo. 1-10 EXHIBIT 2 1-11 1-12 1-13 1-14 1-15 1-16 1-17 1-18 1-19 1-20 1-21 1-22 1-23 EXHIBIT 1 1-24 1-25 1-26 1-27 1-28 1-29 1-30 1-31 1-32 1-33 EXHIBIT 2 1-34 1-35 EXHIBIT 3 1-36 1-37 1-38 1-39 1-40 1-41 1-42 1-43 1-44 1-45 1-46 1-47 1-48 1-49 !"^$ ?sE BEAR STMAIN STD Y E R R D 1ST ST SUSAN ST1ST ST AL T O N A V EGRAND AVEEUCLID STFLOWER STEUCLID STW A R N E R A V E WARNER AVE TUSTIN AVEHAZARD AVE BRISTOL STHARBOR BLVDFAIRVIEW STLA VETA AVE HARBOR BLVDHARBOR BLVDEDINGER AVE EDINGER AVE HARBOR BLVDFAIRVIEW STRED HILL AVEGARDEN GROVE BLVD SA N T A A N A F R W Y COSTA MESA FRWYCOSTA MESA FRWYCOSTA MESA FRWYGARDEN GROVE FRWY GARDEN GROVE FRWY 4TH STNEWHOPE STNEWHOPE STMcFADDEN AVE SUNFLOWER AVE GREENVILLE STSUNFLOWER AVE M A C A R T H U R B L V D SEGERSTROM AVE MACARTHUR BLVD 17TH ST SANTA CLARA AVE McFADDEN AVE 17TH STWESTMINSTER AVE SANTA ANA RIVERSANTA ANA FREEWAY SA N T A A N A F R E E W A Y SANTA ANA RIVERI Land Use Element Land Use Plan Exhibit 2 Revised - February 2018 Land Use Designations LR-7 (Low Density Residential) LMR-11 (Low-Medium Density Residential) MR-15 (Medium Density Residential) UN (Urban Neighborhood) GC (General Commercial) IND (Industrial) INS (Institutional) DC (District Center) PAO (Professional & Administration Office) OBPDC (One Broadway Plaza District Ctr.) O (Open Space) Pending 1-50 1-51 !"^$ ?sE BEAR STMAIN STDYER R D 1ST ST SUSAN ST1ST ST ALTON A V E GRAND AVEEUCLID STFLOW ER STEUCLID STW A R N E R A V E W ARNER AVE TUSTIN AVEHAZ ARD AVE BRISTOL STHARBOR BLVDFAIRVIEW ST LA VETA AVE HARBOR BLVDHARBOR BLVDEDINGER AVE EDINGER AVE HARBOR BLVDFAIRVIEW STRED HILL AVEGARDEN GROVE BLVD SANTA ANA FR W Y COSTA MESA FRW YCOSTA MESA FRW YCOSTA MESA FRW Y GARDEN GROVE FRW Y GARDEN GROVE FRW Y 4TH STNEW HOP E STNEW HOP E ST McFADDEN AVE SUNFLOW ER AVE GREENVILLE STSUNFLOW E R A V E MAC A R T H U R B L V D SEGERSTROM AVE MACARTHUR BLVD 17TH ST SANTA CLARA AVE McFADDEN AVE 17TH STW ESTMINSTER AVE SANTA ANA RIVERS A N T A A N A F R E EW A Y SANTA AN A F R E E W A Y SANTA ANA RIVER1 23 54 8 109 7 11 6 14 23 1615 22 21 20 19 18 17 23 13 13 24 25 26 26 27 I La nd Use Ele m e nt La nd Use P la n &De ve lopm e ntInte nsity Sta nda rds/FAR Are a s Exhibit A-4 The se la nd use de sig na tions ha ve a floor a re a ra tio a s note d be low unle ss othe rwise indica te d in the ta ble be low. Re vise d - July 2018 UN (Urba n Ne ig hborhood) 0.5 - 1.5 GC (Ge ne ra l Com m e rcia l) 0.5 IND (Industria l) 0.45 INS (Institutiona l) 0.5 O (Ope n Spa ce ) 0.2 DC (District Ce nte r) 1.0 P AO (P rofe ssiona l & Adm inistra tion Office ) 0.5 OBP DC (One Broa dwa y P la za District Ctr.) 2.9 LR-7 (Low De nsity Re side ntia l) LMR-11 (Low-Me dium De nsity Re side ntia l) MR-15 (Me dium De nsity Re side ntia l) P roje ct / Are a Floor Are a Ra tio 1- Ma inP la ce … … … … … … … … … … … … … … .… ... 2.1 2- City P la ce … … … … … … … … … … … … … … … … . 2.54 3- North Ma in St… … … … … … … … … … .… … … .… 1.5 4- North Broa dwa y… … … … … … … … … … .… … … . 1.0 5- Muse um District… … … … … … … … … … … .… … .. 1.5 6- Hutton De ve lopm e nt… … … … … … … … .… … … .. 1.0 7- Civic Ce nte r Spe cific De v P la n… … .… … … … … . 1.0 8- Midtown Spe cific P la n… … … … … .… … … … … … 0.5-1.0 9- Civic Ce nte r… … … .… … … … … … … … … … … … . 1.0 10- Downtown… … … … … … … .… … … … … … … … … 3.0 11- Ora ng e County Re g iste r… … … … .… … … … … … 1.15 12- First St / Tustin Ave … … … … … … … … .… … … … 1.0 13- Be nta ll Ce nte r De v… … … … … … … … … .… … … . 1.5 14- 2720 Hote l Te rra ce Dr… … … … … … … … .… … … 1.0 15- 1951 E Ca rne g ie Ave … … … … … … … … … .… … . 0.55 16- 4040 W Ca rria g e Ave … … … … … … … .… … … … . 0.47 17- La ke Ce nte r De v… … … … … … … … … … … .… … . 0.72 18- South Coa st Me tro… … … … … … … … … … ...… … 1.0 19- Ma c Arthur P la ce … … … … … … … … … .… … … … . 2.0 20- Ma c Arthur P la ce South… … … … … … … … … … .. 1.0 21- P a c Te l Office … … … … .… … … … .… … … … … … . 1.5 22- Me tro Ea st… … … … … … … … … … … … … … … … . 3.0 23- Tra nsit Villa g e … … … … … … … … … … … … … … ... 5.0 24- Town a nd Country Ma nor… … … … … … … … … ... 1.27 25- Ha rbor Mixe d Use Spe cific P la n… … … … … … … 0.5-5.0 26- The He rita g e … … … … … … … … … … … … … … … . 1.7 1-52 17TH ST 4TH ST 1 S T S TGRAND AVCABRILLOPARKDRTUSTI NAVTUSTIN AVGRAND AVSHERRY LNMABURY STDIANNE STFRUIT ST CARDIFFCTGRACEPL VANCEPL S OUTHHAMPTONCT6TH ST NEWCASTLECTBROWN ST LADELL CIR 16THST 14TH ST MABURY STG OLDENCI RCLEDRGRACE ST EASTSIDE AVCONCORD STLINWOOD AV5TH ST WRIGHT ST6TH ST TRINIDADWY FRUIT ST STAFFORDST WRIGHT STLYON ST14TH ST EASTSIDE AVFRUIT ST KRISTI LN 15TH ST CONCORD STCONCORDSTWASHINGTON PL WELLINGTON AVCONCORDST CONCORD STWELLINGTON AV WASHINGTON AV STAFFORDST ELK LNLYON ST6TH STMCCLAY STS 1ST ST14THSTLINWOOD AVLINWOOD AVFRUIT ST WILLIAMS STPALM ST OLDTUSTINAVEASTSIDE AVDAYNA STEASTSIDE AVLYON ST6TH STMIRASOL ST15TH ST LINWOOD AVSHERRY LNMANTLE LN16TH ST MCCLAY STGOLDENCIRCLEDR15TH ST LYON STMABURY STBARCLAYCT BARCL AYCT GOLDEN CIRCLE D RGOLDEN C I R CLEDRWRIGHT STETONCTWRIGHTSTSTAFFORDST PARKCENTERDRPA T R I C I A L N 2ND ST 3RD ST MCCLAY STWRIGHT STSD84 SD84 SD84 A1/OZ1 C1/OZ1 C2/OZ1C2/OZ1C2/OZ1C2/OZ1 C2/OZ1C2/OZ1C2/OZ1 C2/OZ1 C2/OZ1 C5/OZ1 C5/OZ1 C5/OZ1 C5/OZ1 C5/OZ1 P/OZ1 P/OZ1 P/OZ1 P/OZ1 P/OZ1 P/OZ1 P/OZ1 P/OZ1 R2/OZ1 R2/OZ1 SD54/OZ1 SD89/OZ1 R2-B/OZ1 R1-BR1-B R1-B R1-B R1-BR1-B R1-PRD R4-PRD R4-PRD C1 C1 C1 C1 C1 C2 C2 C2 C2 C2 C2 C4 C5 C5 C5 C5 C5 C5 C5 C5 C5 C5C5C5 C5C5 C5 M1 M1 M1 O O O O OO O P PPPPP P PPPP P P P P PP R1 R1R1R1 R1 R1 R1 R1 R1R1R1R1 R1 R1R1R1 R1 R1 R1 R1 R1 R1R1 R1R1 R1 R1 R1R1 R1 R1 R2 R2 R2 R2 R2 R2 R3 R4 R4 R4 R4 SD21 SD84 SD84 OZ1 17-5-9 N/A9-5-95-5-9 N/A9-5-95-5-9 6-5-97-5-917-5-918-5-97-5-9Exhibit 4 Print Date: 12/19/17 Sectional District Map: 8-5-9 I A1 GENERAL AGRICULTURAL CSM SOUTH MAIN STREET COMMERCIAL DIST. R2 TWO-FAMILY RESIDENCE -B PARKING MODIFICATION C1 COMMUNITY COMMERCIAL GC GOVERNMENT CENTER R3 MULTIPLE-FAMILY RESIDENCE -OZ OVERLAY ZONE C1MD COMMUNITY COMMERCIAL - MUSEUM DIST. M1 LIGHT INDUSTRIAL R4 SUBURBAN APARTMENT C2 GENERAL COMMERCIAL M2 HEAVY INDUSTRIAL RE RESIDENTIAL ESTATE C4 PLANNED SHOPPING CENTER O OPEN SPACE SD SPECIFIC DEVELOPMENT -HD2 HEIGHT DISTRICT II C5 ARTERIAL COMMERCIAL P PROFESSIONAL SP SPECIFIC PLAN CR COMMERCIAL RESIDENTIAL R1 SINGLE-FAMILY RESIDENCE OZ1 METRO EAST OVERLAY ZONE PLANNED RESIDENTIAL DEVELOPMENT -PRD City of Santa Ana, California ZONING DISTRICTS 1-53 1 S T S T MCFADDEN AV MAIN ST TUSTIN AVCHESTNUT AV GRANDAVG R A N D A V VILLAGE WYLYON STSANTAFE S T LYON STGOLDENCIRCLEDRRITCHEY STWRIGHTSTLYON STMABURYSTWAL N UTST WARREN ST N O R M ANDYPL S 1ST STNORMANDY PL LINWOODAVWAKEHAM AV WILLIAMS STWILSHIRE AV HUNTER AV CHESTNUT AV WILSHIRE AV M ANTLELNMA R K &BRIAN E X W Y WILSHIRE AVLYON STELK LNWRIGHT STAUTO M A L LDRMCCLAY STM1 A1/OZ1 A1/OZ1 C1/OZ1 C1/OZ1 C2/OZ1C2/OZ1C2/OZ1 C2/OZ1 C2/OZ1 C2/OZ1C2/OZ1C2/OZ1 C5/OZ1 C5/OZ1 C5/OZ1 C5/OZ1 C5/OZ1 R1/OZ1 R3/OZ1 R3/OZ1 SD89/OZ1 A1 A1 A1 A1 C2 C2 C5 M1 M1 M1 M1 M1M1 M1 M1 M1 M1 M1 M1 M1 M1 O O O O O O O O O R1 R3 R4 R4 R4 SD16 SD60 SD85 20-5-9 N/AN/A8-5-9 N/AN/A8-5-9 8-5-918-5-920-5-919-5-918-5-9Exhibit 4: Print Date: 12/19/17 Sectional District Map: 17-5-9 I A1 GENERAL AGRICULTURAL CSM SOUTH MAIN STREET COMMERCIAL DIST. R2 TWO-FAMILY RESIDENCE -B PARKING MODIFICATION C1 COMMUNITY COMMERCIAL GC GOVERNMENT CENTER R3 MULTIPLE-FAMILY RESIDENCE -OZ OVERLAY ZONE C1MD COMMUNITY COMMERCIAL - MUSEUM DIST. M1 LIGHT INDUSTRIAL R4 SUBURBAN APARTMENT C2 GENERAL COMMERCIAL M2 HEAVY INDUSTRIAL RE RESIDENTIAL ESTATE C4 PLANNED SHOPPING CENTER O OPEN SPACE SD SPECIFIC DEVELOPMENT -HD2 HEIGHT DISTRICT II C5 ARTERIAL COMMERCIAL P PROFESSIONAL SP SPECIFIC PLAN CR COMMERCIAL RESIDENTIAL R1 SINGLE-FAMILY RESIDENCE PLANNED RESIDENTIAL DEVELOPMENT -PRD City of Santa Ana, California ZONING DISTRICTS 1-54 City of Santa Ana METRO EAST MIXED-USE OVERLAY ZONE JULY 2018 EXHIBIT 5 1-55 1-56 metro east mixed-use overlay zone i Table of Contents Section 1 1 Section 2 3 Section 3 5 Section 4 9 Section 5 24 Section 6 28 Section 7 30 Section 8 Purpose and Objectives Applicability Development Districts Development Standards Design Principles Signs Compatibility/Operational Standards Implementation 31 3 5 7 9 10 FIGURES Figure 1: MEMU Overlay Zone Location Figure 2: MEMU Overlay Zone Development Districts TABLES Table 1: District Descriptions Table 2: Development Standards Summary Table 3: Land Uses Table 4: Building Setbacks APPENDIX Metro East Public Realm Amenity Plan 21 1-57 metro east mixed-use overlay zone1 Active urban mixed-use 1.0 Purpose and Objectives Contemporary design solutions 1.1 PURPOSE The purpose of the Metro East Mixed Use Overlay Zone, hereinafter referred to as the MEMU Overlay Zone, is to introduce development forms and uses that will provide for the creation of a high-intensity, mixed-use urban village within a previously developed mid-rise to high-rise office environment. This chapter establishes standards which will fulfill the following major objectives for this mixed-use urban village area. 1.2 OBJECTIVES Mixed-use urban village prototype The Metro East Mixed Use Overlay Zone is intended to create a unique urban environment that achieves the following objectives: e.Create highly-amenitized streetscapes that provide items such as landscaping, street furniture, niche or linear parks, passive and active water features, public plazas and courtyards, public art, and public transportation shelters in a design that integrates the public realm with adjacent private development and serves to create a distinct identity for the district. Provide for an appropriate interface of land uses and development intensities relative to the Transit Zoning Code area, the Santa Ana (I-5) Freeway, and the Costa Mesa (SR-55) Freeways. Create a highly-integrated pedestrian system that provides for connectivity between the residential areas and public recreation amenities to the north and the MEMU Overlay Zone area. Create an active, mixed-use urban village where it is possible to live, work, shop and play all within a short walk of each other. Facilitate well-designed new mixed-use development projects that combine residential and nonresidential uses through innovative and flexible design solutions. Achive the harmonious integration of new mixed-use development within the existing fabric of the mid- rise and high -rise office environment and commercial land uses. Encourage urban form anc achitecture that incorporate contemporary design styles and solutions as well as the use of sustainable building and site design concepts such as green buildings, energy-conserving building materials, and landscaping designs that reduce water consumption. b. c. d. f. g. a. 1-58 metro east mixed-use overlay zone 2 Street-facing retail Ground-floor commercial space at strategic corner Contemporary building materials Unique architecture Provide for active street life through the inclusion of dedicated pedestrian-oriented design and active uses on the ground floor at strategic location. Provide for a mix of housing in order to encourage a continuum of living and a variety of household types. Ensure that each project includes exceptional site planning, unique architecture, high-quality building materials, extensive open space, indoor and outdoor amenities and first-rate public improvements. k.Encourage parking solutions that provide for adequate parking to ensure the long-term quality of the project, but that are creative in their design thereby enhancing the area’s urban form. Parking requirements are designed to create a level of scarcity that will discourage vehicle trips, increase pedestrian activity, and enhance the provision of high-quality building and site design. l.Facilitate project designs that encourage adequate amounts of retail or commercial space to service residents and/or employees within the development and the larger Metro East Overlay Zone area. Allow for the development of varied residential types in a mixed-use configuration including, but not limited to loft-style units, live/work units, attached row houses, and high-quality stacked flats. Provide adequate access for public safety services. Stimulate investment and reinvestment in the area through the provision of a comprehensive planning framework that facilitates private-market success. Provide for an alternative set of zoning regulations than is provided for by the underlying zoning district . Implement the City's General Plan. h. i. j. m. n. o. p. q. 1-59 metro east mixed-use overlay zone3 2.0 Applicability Figure 1 MEMU Overlay Zone Location FIRST STREET The MEMU Overlay Zone is comprised of the properties generally bounded by the Santa Ana (I-5) Freeway on the west, Park Court Place and its prolongation to Tustin Avenue on the north, First Street on the south, Tustin Avenue and the Costa Mesa State Route (SR-55) on the east, and also includes properties along First Street and Lyon Street between Grand Avenue to the West and the Santa Ana (I-5) Freeway to the East. The boundaries of the MEMU Overlay Zone are depicted in Figure 1 and the existing sectional district maps. I-5 SANTA ANA FREEWAYCABRILLO PARK DRFOURTH STREETPARK CENTER DRTUSTIN AVENUEFIRST STREETFIRST STREET LYON STREETGRAND AVENUESR - 55 COSTA MESA FREEWAYCHESTNUT AVENUE PARK COURT PL PALM STREET SIXTH STREET 1-60 metro east mixed-use overlay zone 4 These provisions shall apply to all properties within the MEMU Overlay Zone, but do not supersede the underlying zoning districts. All new development within the MEMU Overlay Zone will be subject to the requirements and improvements required in the Metro East Public Realm Amenity Plan, which is included as an Appendix. Definitions of terms not found within the MEMU Overlay Zone are found within SAMC Chapter 41, Article 1, Division 2. 2.2 CONTINUANCE OF DEVELOPMENT RIGHTS UNDERLYING ZONING DISTRICT STANDARDS All regulations, development standards, and requirements in the underlying zoning districts shall continue to apply to those properties that are currently developed according to the existing standards. New properties may also be developed to the existing underlying zoning district provided that all standards and requirements of the underlying zone are met. 2.3 OPTION TO APPLY THE MEMU OVERLAY ZONE Properties within the MEMU Overlay Zone may choose to develop to the standards of the underlying zoning districts or to the standards contained within this MEMU Overlay Zone. In order to exercise the option to develop under the MEMU Overlay Zone district, a MEMU Site Plan Review application approved by the Planning Commission shall be required. In granting such approval, the Planning Commission must find that the proposed development is in compliance with the provisions of the MEMU Overlay Zone and the Findings in Section 8.2 of this code section. 2.1 APPLICABLE REGULATIONS In order to facilitate project and site design consistent with the provisions of this MEMU Overlay Zone, any development proposal for exercising use of the MEMU Overlay Zone shall be designed so that any primary use within the development is located within a newly constructed building. No primary use or uses shall be located in a building that has been rehabilitated or is otherwise the reuse of an existing building. 2.4 USE OF PHOTGRAPHS Photographs are used liberally throughout this document and are intended for illustrative purposes only. Specific development standards and regulations contained in this document are the controlling language for purposes of development regulation. 1-61 3.0 Development Districts Figure 2 MEMU Overlay Zone Development Districts This section delineates the development districts within the MEMU Overlay Zone (Figure 2) and describes the overall form and character of each District (Table 1). There are four development districts in the MEMU Overlay zone that differ in the permitted land uses and development intensity as determined by their location and adjacency to sensitive land uses and freeways as shown on Figure 2. The Village Center District contains a pedestrian-oriented area designed to serve a central core for the Metro East area. Developments within the Village Center core are allowed at a slightly greater intensity to facilitate the role and function of this area as an activity node within the Metro East area. Table 1 provides general descriptions and representative images of the character of each District within the Metro East Mixed-Use Overlay Zone. metro east mixed-use overlay zone5GRAND AVENUECHESTNUT AVENUE ELK LANE PALM STREET 2ND STREET MC CLAY STREETMABURY STREETFIRST STREETMC CLAY STREETWRIGHT STREETLYON STREET LYON STREETMEMU Overaly Zone Boundary Neighborhood Transitional District Village Center District Active Urban District Office District Pedestrian- Oriented Design at Ground Level Potential Roadways 1-62 metro east mixed-use overlay zone 6metro east mixed-use overlay zone 5metro east mixed-use overlay zone 6 TUSTIN AVENUE SANTA ANA (I-5) FREEWAYCOASTA MESA (SR-55) FREEWAYELK LANE PALM STREET MABURY STREETFIRST STREET FOURTH STREET CABRILLO PARK DRIVEPARK COURT PLACE PARK CENTER DRIVESIXTH STREET 1-63 metro east mixed-use overlay zone Table 1 MEMU Overlay District Description Neighborhood Transitional District The Neighborhood Transitional District is intended to provide opportunities for development that acts as a transition between the single-family residential to the north and the adjacent high-intensity Active Urban District. Designated for the lowest scale and the lowest intensity of uses in Metro East, development in this district is limited to residential, live/work, small scale neighborhood serving commercialor office uses. These uses may combine office on the ground floor with residential above or in freestanding single- use buildings on the same site at between two and three four (2-34) stories in height. New development in this area will be designed to provide an appropriate interface with high levels of landscaping and design features that minimize impacts to the adjacent single family residential area to the north. Village Center District The Village Center District is intended to serve as the focal point and central gathering place within Metro East in well-designed highly connected development sites and public spaces. The District will provide a high level of neighborhood identity and activity through its central location and emphasis on creating a vibrant, attractive, and highly-interconnected pedestrian environment. Opportunities will be provided for shopping, dining, recreation, entertainment and services accessed by extensively landscaped, wide sidewalks that allow free flow between jobs, housing, and retail and commercial services, or opportunities for leisure walking within the District. The Village Center will provide commercial, office, and residential uses in the same building or on the same site in mid-rise buildings of from six to ten (6-10) stories in height, in settings that provide open spaces, niches, and areas for gatherings and activities along streets, paseos, and interconnecting walkways that link the Village Center to adjacent districts and nearby public parks to the north. This District contains a pedestrian-oriented area designed to serve as a core activity center for the Metro East area. Developments within this core area along Fourth Street are allowed up to ten (10) stories in height to enhance the function of this area as a major activity center. 7 1-64 metro east mixed-use overlay zonemetro east mixed-use overlay zonemetro east mixed-use overlay zoneELK LANE PALM STREET MABURY STREETActive Urban District The Active Urban District is intended as the location for well-designed high rise mixed use developments in a highly urbanized environment that capitalizes on the exposure and access provided by two adjacent freeways, the Santa Ana (I-5) and Costa Mesa (SR-55), and three major arterials (First and Fourth Streets and Tustin Avenue). Development in this District is envisioned to reflect signature architecture that reinforces the identity and character of Metro East as a vibrant urban village that serves as a regional employment and activity center. The Active Urban District will include major office, residential, commercial, hotel, and entertainment opportunities that are more intensive in scale and design than the adjacent Village Center. Developments in this District may combine office, commercial, and residential uses within one vertical mixed use-building with commercial on the ground floor and office or residential on the upper floors or a mix of uses within freestanding buildings on the same site. Developments will be designed to showcase an amenity-enhanced environment that provides numerous open space opportunities within this urban environment for the enjoyment of residents, employees, and visitors, and to promote pedestrian connections between this District and the Village Center as well as Cabrillo Park located north of Metro East area. Office District The Office District contains existing low-to high-rise office development along Tustin Avenue and adjacent to the Santa Ana (I-5) Freeway. These developments were in place prior to establishment of the MEMU Overlay Zone and will be maintained exclusively as office to promote and maintain a healthy balance between office, commercial and residential land uses within the Metro East area. 81-65 metro east mixed-use overlay zone9 4.0 Development Standards Table 2: Development Standards Summary Development Standards by District Neighborhood Transitional District Village Center District Active Urban District Office District 4.1 Land Uses (See Table 3) 4.2 Maximum No. Stories 4.3 Minimum Development Site Area 4.4 Permitted Street Level Building Frontages Front Porch Stoop Forecourt Shop Front Gallery Arcade 4.5 Publicly Accessible Open Space 4.6 Private/Common Open Space 4.8 Parking * For further detail, refer to Section 4.8, Parking and Access. The MEMU Overlay Zone establishes development standards for each District, as summarized below in Table 2. Additional requirements for the standards listed in Table 2 are specified in Sections 4.1 through 4.8. Open Space 4.7 Building Setbacks 3 4 6 10 stories in Village Core (See Section 4.2) No Maximum 3 Stories Minimum 6 10 1 acre 1.5 acre30,000 sq. ft.20,000 sq. ft. Yes Yes Yes No Yes Yes Yes Yes No No Yes Yes Yes Yes Yes No No Yes Yes Yes Yes Yes Yes Yes Yes 5% of Total Lot Area 10% of Total Lot Area 15% of Total Lot Area 15% of Total Lot Area 100 90 sq. ft. per unit 100 90 sq. ft. per unit 100 90 sq. ft. per unit 10% of Total Lot Area (See Table 4 on Page 21) Residential: 2.25 spaces per unit Non-Residential: Per Code Residential: 2-2.25 spaces per unit Non-Residential: Per Code Residential: 2.25 spaces per unit Non-Residential: Per Code Office: 3 spaces per 1,000 sq. ft. Other: Per Code * 1-66 metro east mixed-use overlay zone 10 Table 3: Permitted Land Uses The allowable uses are established by letter designations as follows: Neighborhood Transitional District Village Center District Active Urban District Office District* P Permitted by right N Prohibited NA Not Applicable CUP Conditional Use Permit required LUC Land Use Certificate required Special Provisions (references to other applicable code sections or limitations) Residential Uses Live/Work Units P P P N Subject to provisions of this division Multiple-Family Residential P N P P N Non-Residential Uses Art galleries and studios including, but not limited to: photography; fine art; fiber art; printing, lithography, and calligraphy; ceramic and pottery; glass blowing and sculpting P P P P Eating establishments, (cafes, restaurants)N P P P P CUP for liquor sales, after hours operation Bakeries N P P P P Retail and Service uses N P P P P Medical and Dental offices P P P P Professional, administrative and business offices P P P P Child care facilities P P P P Gymnasiums and health clubs N P P CUP Hotels N P P CUP Indoor/outdoor entertainment N P P P As defined in Chapter 41 of the SAMC Schools N P P N Temporary outdoor activities LUC Subject to Sec. 41-195.5 of the SAMC Theaters and cinemas N P P P Use/Operational Standards Drive through establishments N N N NNeighborhoodTransitionalVillage CenterActive urbanOffice4.1 LAND USES The MEMU Overlay Zone sets forth specific uses to be allowed within each district, as shown in Table 3, subject to a MEMU Site Plan Review approval by the Planning Commission. Any use that is not specified as permitted or conditionally permitted within the MEMU Overlay Zone is prohibited unless a determination is made by the Executive Director of Planning that the proposed use is compatible with the overall intent and character of the MEMU Overlay Zone as specified in Section 41-601(c) of the Santa Ana Municipal Code (SAMC). Tattoo Establishments Subject to Sec. 41-199.3 of the SAMCNPPN Religious Institutions CUP LUC LUC LUC CUP CUP CUP 1-67 metro east mixed-use overlay zone11 In addition to the land use categories listed in Table 3, the following regulations and operational standards shall apply to development within the MEMU Overlay Zone. 4.1.1 Village Center Core: Pedestrian-Oriented Design and Active Ground-Floor Uses In order to generate pedestrian use and contribute to an active street life, developments located in the Village Center core, properties fronting on Fourth Street will be allowed to develop up to a height of ten stories for a depth of 150’. The ground floor of buildings fronting on Fourth Street between Cabrillo Park Drive and Park Center Drive, and Golden Circle Drive south of Fourth Street as shown in Figure 2 shall have commercial uses and pedestrian-oriented designs. The pedestrian-oriented design features include, but are not limited to, visually transparent and architecturally articulated building facades, or designing arcades or courtyards for activities such as outdoor dining or active open-space areas. Active uses that are visually accessible to the public also may satisfy this requirement and may include, but are not limited to, uses such as a workout room for a health club, a cooking class, the nonresidential portion of live/ work units, or other active-artisan use. Three-story live/work units 4.1.2 Live/Work Units The residential component of live/work units shall be contiguous with and integral to the working space with direct access between the two areas and shall not be designed as a separate stand-alone dwelling unit. This requirement does not preclude a separate access for the residential area as long as there is not a physical separation between the living area and the work areas of the unit. In addition, the following regulations shall apply to live/work units: Two-story live/work units a.Residential use is permitted only in combination with individual studios in a manner which provides an integrated working and living environment. b.At least one (1) off-street parking space shall be provided for each dwelling unit. c.A live/work unit shall be at least one thousand (1,000) square feet in size. d.It shall comply with all Housing Code requirements as modified by section 8-2700 of the SAMC. e.The residential component of a live/work unit shall meet the following standards: 1.It shall have a space of at least seven hundred fifty (750)square feet. 2.It shall have access to separate bathroom facilities, including a water closet, a wash basin, and a bathtub or shower. 3.It shall have separate kitchen facilities including a kitchen sink, cooking appliances and refrigerator. All such facilities shall have a clear working space of at least thirty (30) inches in front. f.On-site laundry facilities are required within each unit. 4.1.3 Stand Alone Residential Development Consistent with the objectives of the MEMU Overlay Zone to encourage and facilitate mixed-use, no stand-alone residential building shall be permitted except in the Neighborhood Transitional District or as a component of a mixed-use project that has different uses in multiple buildings designed as an integrated development on a single development site. An integrated development is a project that is built on a site comprised of more than one parcel or contained in more than one building when the uses and support facilities such as parking or open space are designed to function in a cohesive interactive manner throughout the development site. 1-68 metro east mixed-use overlay zone 12 4.2 MAXIMUM NUMBER OF STORIES A.The overall scale and massing of development within the MEMU Overlay Zone should transition from the existing low-scale intensity of the Neighborhood Transitional District, which is adjacent to an existing single-family residential neighborhood, to mid-rise development in the Village Center and high-rises in the Urban Core adjacent to the Santa Ana Freeway. To create a varied skyline and enhance the form of development sites throughout the Metro East area, building heights will be regulated based on the maximum number of stories permitted. The following maximum story heights are typical established for the uses within a building as calculated from floor to floor: 1.Residential: 9–15 feet (includes lofts and live workunit designs) 2.Retail: 18 feet 3.Retail with mezzanine: 22 feet 4.Specialty retail: 22–24 feet 5.Office: 13.5 feet B.In compliance with the Airport Land Use Commission (ALUC) of Orange County, the following conditions shall apply to all new development with the MEMU Overlay Zone. 1.For development of structures that exceed 200 feet in height above ground level at a development site, applicants shall file a Notice of Proposed Construction or Alteration with the FAA (FAA Form 7460-1). Following the FAA’s Aeronautical Study of the project, projects must comply with conditions of approval imposed or recommended by the FAA. Subsequent to the FAA findings, the City shall refer the project to the ALUC for consistency analysis. 2.Buildings within any District of the Overlay Zone shall not penetrate the FAA FAR Part 77 imaginary obstruction surface for John Wayne Airport. 3.Applicants shall file a Notice of Proposed Construction or Alteration with the FAA (Form 7460-1) for any construction cranes that exceed 200 feet in height above ground level. C.New development will be required to be within the following maximum number of stories based upon their location within the MEMU Overlay Zone except as specified below: 1.Neighborhood Transitional District: Three Four stories maximum New development shall be of a low scale, and should serve as a visual transition between the MEMU Village and adjacent residential areas to the north. New development Three-story live/work units in this District shall be compatible in height, scale, and mass with adjacent residential development to the north, with heights ranging between two and three four stories. 2. Village Center District: Six stories maximum; ten stories maximum within core area (See Section 4.1.1) New development in the Village Center District is more intensive in scale than Neighborhood Transitional, and shall serve as a visual transition from the low-intensity of the Neighborhood Transitional District to the intensive development in the Active Urban District. The height, scale, mass and bulk of new development shall be designed to achieve a “human scale” at the ground level to foster a pedestrian-friendly atmosphere, with buildings located along and oriented to the street frontages and common plazas. In order to encourage and maintain active streets and function as a central gathering place and 18-hour activity center for residents, employees, and visitors, a core area along Fourth Street will be allowed to develop at a height of up to ten stories, for a depth of 150’. Five-story mixed-use corner building 1-69 metro east mixed-use overlay zone13 (See also Section 4.1.1). Properties outside the core of the Village Center will be allowed to develop up to a height of six stories. 3.Active Urban District: No maximum height; minimum three stories required The Active Urban District is the most intensive in scale within the MEMU area, and is designed to create a highly urbanized environment. New development in this District shall relate in scale, height, and configuration with adjacent buildings. New development shall be designed and oriented to promote intensive public activity at the ground level that integrates and establishes a cohesive transition to adjacent Districts. 4.Office District: Six Ten stories maximum Existing development within the Office District varies from two-story garden offices to the high-rise Xerox Center adjacent to the I-5 Freeway. Development in this District is limited to office uses to maintain a core of offices uses within the Metro East area and therefore is least likely to utilize the provisions of the MEMU Overlay Zone. New development in this District under the Overlay Zone will vary from low-rise garden office to mid-rise office buildings with ancillary uses and may not redevelop as quickly as other Metro East areas. a.Neighborhood Transitional District 20,000 square feet b.Village Center District 30,000 square feet Front street building orientation Larger buildings shall be broken down in scale through changes in massing, changes in plane and profile, façade subdivision, as well as other architectural means to ensure that the building is well proportioned and creates a satisfactory composition. Sites in this District shall be designed so that tower elements do not impact adjacent lower intensity developments but rather are designed to maximize exposure to the freeway or to adjacent developments of a similar intensity. A minimum building height of three stories is required within this District to ensure that a level of intensity is achieved on any development site even when there are multiple buildings of various heights. Any new development that is ten stories or greater in the Active Urban District and is proposed at a location adjacent to a multiple-family residential use or zone outside of the MEMU area shall be set back at least 150’ from the property line of the adjacent residentially used or zoned property. Higher intensity mixed-use building The height, scale, mass and bulk of new development shall be designed to achieve a “human scale” at the ground level to foster a pedestrian-friendly atmosphere, with buildings located along and oriented to the street frontages and common plazas. In order to maintain a consistent level of development intensity within this District, a minimum height of three stories is encouraged. If a project is on a large site with multiple buildings, an average of four stories should be used as a guide. 4.3 MINIMUM DEVELOPMENT SITE AREA As a means to encourage development that achieves the objectives of the MEMU Overlay Zone, all new development shall have a minimum lot size that facilitates the use of design principles that achieve adequate setbacks, open spaces, connections with adjacent properties in the district, and a high level of site design. Required development site area is required as follows: 1-70 metro east mixed-use overlay zone 14 c.Active Urban District 1 Acre (43,560 square feet) d. Existing Office District 30,000 square feet 4.4 PERMITTED STREET LEVEL BUILDING FRONTAGES A. Appropriate building frontages reinforce a continous urban street wall defining the street edge and encouraging public-private interaction which results in active pedestrian urban spaces. in order to encourage a stronger public-private interaction within the Metro East area, new development will be required to inlcude one of the building frontages specified by district below: Front Porch Stoop Forecourt Shop Front Gallery Arcade 1.Neighborhood Transitional District: a. Front Porch b. Stoop c. Forecourt building frontages are permitted d. Shop Front 2.Village Center District a. Front Porch b. Stoop c. Forecourt d. Shop Front e. Gallery f. Arcade 3.Active Urban District a. Forecourt b. Shop Front c. Gallery d. Arcade 4.Office District a. Forecourt b. Shop Front c. Gallery d. Arcade 1.Front Porch A front porch is frontage wherein the façade is set back from the frontage line with an attached roofed porch that extends into the front open space area. Porches shall have a minimum dimension of 8 feet in any direction. B. Street level building frontages shall be designed according to the following descriptions and requirements. Front Porch 1-71 metro east mixed-use overlay zone15 2.Stoop A stoop is frontage wherein the façade is aligned close to the frontage line with the first story elevated from sidewalk sufficiently to secure privacy for the windows. The entrance is usually an exterior stair and landing. This type is recommended for ground floor residential uses. 3.Forecourt A forecourt is a frontage wherein a portion of the façade is close to the frontage line and the central portion is set back. The forecourt created is suitable for vehicular drop offs and/or required open space areas. (Minimum dimension of a forecourt should be 20 x 20 feet). This type of frontage should be allocated in conjunction with other frontage types. Large trees within the forecourts may overhang the sidewalks. Forecourt Stoop 1-72 metro east mixed-use overlay zone 16 5.Gallery A gallery is frontage wherein the façade is aligned close to the frontage line with an attached cantilevered shed or a lightweight colonnade which may overlap front open space areas. This type is convenient for retail use. The gallery shall be no less than 10 feet wide and may overlap adjacent open space areas up to within 5 feet of the parkway or sidewalk area. 4.Shop Front A shop front is frontage wherein the façade is aligned close to the frontage line with the building entrance at sidewalk grade. This frontage is conventional for retail use. It has substantial non-reflective glazing at the sidewalk level and should include awnings at main entrances that may overlap the sidewalk consistent with the City’s overhead sidewalk encroachment provisions. Shopfront Gallery 1-73 metro east mixed-use overlay zone17 Public plaza 6.Arcade An arcade is frontage wherein the façade may abut the sidewalk at the frontage line. This frontage type is conventional for retail use. The arcade shall be no less than 12 feet wide and may not overhang the sidewalk but may be within 5 feet of the parkway or sidewalk. 4.5 PUBLICLY ACCESSIBLE OPEN SPACE In order to provide relief from the intensity of development within the MEMU Overlay Zone and provide for a high level of pedestrian connectivity and activity throughout the Metro East area, it is necessary to provide a variety of open space opportunities. Publicly accessible open space areas shall be designed to optimize linkages and connections with adjacent properties within the District. Further, open space areas shall encourage active use and pedestrian activity between the public and the private realm. A.To achieve well-designed and highly amenitized open space areas that are accessible to the public, new development will be required to include an open space component that is accessible to the public through the main street-facing façade entry of the project. These areas may be inclusive of a front setback or driveway areas, but may not include parking areas or rear setbacks to satisfy a private open space requirement. All new development within the MEMU Overlay Zone shall provide publicly accessible open spaces as a percentage of the total development site area as follows: 1.Neighborhood Transitional District: 5 percent 2. Village Center District: 10 percent 3. Active Urban District: 15 percent 4. Office District: 15 percent Arcade 1-74 metro east mixed-use overlay zone 18 Active public/open space areas In addition to the above requirements, the following provisions shall apply to the design, location, and materials used in these open space areas: Plazas, courtyards, or other publicly accessible open space areas at the ground level may be used to satisfy this requirement, and shall be incorporated into the design of the development. Parking and rear setback areas shall not be considered to meet this requirement. Front and side setback areas that are integrated into the design of the public open space may be considered to satisfy this requirement. Public open space areas shall be visible and accessible from the public rights-of-way to engage the interest of pedestrians and encourage public use. A combination of landscape and hardscape materials shall be used in the design of these areas to satisfy the following requirements: Hardscape paving may include brick, stone, interlocking concrete pavers, textured concrete, and/ or impressed patterned concrete. Hardscape elements may include, but are not limited to, seating areas, potted plant materials, water features, and public art installations. The balance of the open space areas shall be landscaped with turf, shrubs, or groundcover, and trees. All plant materials shall be in proportion to the height and mass of the building, and shall be permanently maintained. In order to achieve sunlight and air circulation in required open space areas, the following minimum height to width ratios shall be provided: Enclosed Open Space: 2 to 1 ratio (Open space that is enclosed on four sides, such as a courtyard). The required open space shall have a width of at least one-half the height of the adjacent building façade (measured perpendicularly from the façade). This requirement shall apply to all sides of the required open space. Open Space which is open on one or more sides: 3 to 1 ratio The required open space shall have a width of at least one-third the height of the adjacent building facade (measured perpendicularly from the façade). This requirement shall apply to all sides of the required open space. The required publicly accessible open space areas shall be located and configured as one of the following: B. 1. 2. 3. 4. 5. 6. a. b. a. b. 1-75 metro east mixed-use overlay zone19 Front Forecourt Paseo or Central Courtyard “L” Shaped a.Front: The publicly accessible open space area is located along the street facing frontage of the building as illustrated. b.Forecourt: The publicly accessible open space area is located along a recessed center section of the front façade of the building as illustrated. c.“L” Shaped: The publicly accessible open space area is located along the front and side of the lot as illustrated. d.Paseo or Central Courtyard: The publicly accessible open space area is located on the side of the building or along a center pedestrian paseo or courtyard as illustrated. 1-76 metro east mixed-use overlay zone 20 In the Neighborhood Transitional, Village Center, and Active Urban Districts, a combination of private and common open space shall be provided to satisfy the following requirements: Private balcony Private rooftop deck 4.6 PRIVATE/COMMON OPEN SPACE To support and enhance the publicly accessible open space, new development within the MEMU Overlay Zone will be required to include private and/or common open space for resident, tenant and visitor use. Private and/or common open space shall be provided in addition to the required publicly accessible open space in Section 4.5. Residential developments: Private or common open space shall be provided on a per unit basis for residential projects and shall be a combination of the total required space divided between private areas such as balconies or patios or common areas such as courtyards, recreation facilities, multi-purpose room or other areas designed for the common use of residents as specified below. Nonresidential or mixed-use developments: Private or common open space shall be provided as a percentage of the total lot area for nonresidential projects and may be used to provide site amenities such as rooftop decks, courtyards, or similar features. Mixed use developments shall combine the residential standards and the nonresidential standard to satisfy this provision. A.Private or common open space shall be provided in the following amounts: 1.Neighborhood Transitional District: 100 90 squarefeet per unit 2.Village Center District: 100 90 square feet per unit and 5 percent of the total development site area for nonresidential uses. 3.Active Urban District: 100 90 square feet per unit and 5 percent of the total development site area for nonresidential uses. 4.Office District: 10 percent of the total development site area B.In addition to the above standards, all private and/ or common open space areas are also subject to the following provisions in their design, location, and selection of amenities: 1.Private and common open space areas shall be designed for the exclusive use of the residents or tenants of the property and their guests and shall not be publicly accessible except in the Neighborhood Transitional District where the required private/common open space may be designed in combination with the required publicly accessible open space specified in Section 4.5. Common open space amenities shall include, but are limited to, one or more of the following amenities: courtyards, plazas, tennis courts, swimming pools, spas, permanently equipped gym/ exercise rooms, or other permanent amenity. Rooftop decks and terraces may be used to satisfy this requirement, however, these areas shall be easily accessible to all residents within the building, and face the public rights-of-way where possible. Private open space areas may include balconies, patios, terraces, or rooftop decks. These areas shall be carefully integrated into the overall architectural design of the building. Architectural elements such as railings, trellises, short walls, or roof top enclosures shall be consistent with the architectural style of the structure to which they are attached. Open space areas shall be constructed of permanent materials and be permanently integrated into the design of the building. In order to achieve sunlight in outdoor common open space areas, the following building height to open space width ratios are required: 1 to 1; and 2 to 1 if the space is open on one or more sides. 2. a. b. 3. 4. 1-77 metro east mixed-use overlay zone21 6.Clear Zones: a. Clear zones are required at driveway, street, or alley intersections to provide adequate line of sight for drivers, bicyclists, and pedestrians as they approach intersections. The clear zone shall consist of an isosceles right triangle with 25-foot sides along the property line. b. The clear zone shall not be occupied by a ground floor building facade. Site and building features that are taller than 30 inches in height, including utilities, mechanical equipment, fences, and landscaping, are prohibited in the clear zone. c. Upper floors may extend over the clear zone. Awnings must maintain a vertical clearance of at least 15 feet within the clear zone. 4.7 BUILDING SETBACKS A.Setback area requirements facilitate the incorporation of publicly accessible open space while reinforcing a continuous urban street frontage that defines the street edge. Setback requirements are designed as a range so that variety may be achieved in the public/ private interface area depending on the site and building design and its relationship to adjacent developments. Setbacks are designed to coordinate with the public improvements identified in the Metro East Public Realm Amenity Plan (Appendix). New development within the MEMU Overlay Zone shall be designed to provide setback areas from private or public streets as follows: Notes 1.Setbacks are measured from the closest point of a building to the property line or public easement, except for clear zones. If a front yard/porch frontage is used, the building facade may be setback a maximum of 15 feet. 2. Additional setbacks for entry plazas or courtyards, or to meet adjacent structures, may be permitted subject to additional design review. Frontage types may be used to satisfy setback requirements. 3. Building planes above 3rd floor shall have, at a minimum, a 50% variation in setback within the specific standards in Table 4. 4.If a development project has multiple frontages, the maximum setback along one street frontage may be exceeded if the area is used for publicly-accessible open space. 5. For building with seven or more stories, the third floor and above must be set back a minimum of 30 feet from any residential use. In addition to the above setback requirements, the following provisions shall also apply to new development projects: In order to encourage flexibility and provide an organic feel in the design and building-street interaction, there is no minimum setback requirement within the MEMU Overlay Zone, with the exception that all structures shall maintain the maximum rear setback specified if the property abutting on the rear property line is developed solely as a residential use. Setbacks abutting public right-of-way may be further recessed from the maximum setback specified for the purpose of a public open space, dining/gathering or special entry area. These areas may not satisfy private open space requirements. Setbacks abutting public rights-of-way shall be landscaped with lawn, trees, shrubs, or other plants and/or decorated as a hard surface expansion of the sidewalk. A combination of landscape and hardscape materials shall be provided as follows: Hardscape paving may include brick, stone, interlocking concrete pavers, textured concrete, and/or impressed patterned concrete. Hardscape elements shall also be provided when setback area is being used to satisfy publicly accessible open space areas. These elements may include, but are not limited to, seating areas, potted plant materials, water features, and public art installations. The balance of the setback areas shall be landscaped with turf, shrubs, or groundcover, and trees. All plant materials shall be in proportion to the height and mass of the buildin, and shall be permanently maintained. B. 1. 2. 3. a. b. 1-78 metro east mixed-use overlay zone 22 4.8 PARKING AND ACCESS Adequate parking is necessary to service the full-range of uses permitted within a development project. In order to enhance the appearance and character of the Metro East area, parking should not be a part of the pedestrian level streetscape. The goal of the Metro East area is to provide adequate parking that encourages people to “park once” and conveniently walk to multiple destinations in the same area. Standards below reflect this concept except in the Neighborhood Transition District where parking is established at a rate that does not impact the adjacent residential neighborhood to the north. The parking standards for the MEMU Overlay Zone are designed to accommodate the wide variety of uses in the area while providing an incentive for mixed-use projects that encourage an active street life and convenient services and leisure activities for Metro East residents and visitors. A mixed-use development is defined as any development that contains more than one type of use in a building or set of buildings and contains within the development a residential component. Stand alone uses are defined as operations or uses that are not a component of an integrated mixed-use development project. Dimensions of parking spaces and drive aisles shall be consistent with SAMC Article XV, Division 1. A.Parking within the MEMU Overlay Zone shall be required for new development in each district as follows: 1.Neighborhood Transitional District a.Stand-alone residential: 2.0 spaces perresidential unit, inclusive of guest parking b.Office or other permitted nonresidential uses: As required by Division 3 of Article 15, Off-Street Parking Requirements, SAMC. 2.Village Center District a. Stand-alone nonresidential Uses: As required by Division 3 of Article 15, Off- Street Parking Requirements, SAMC. b. Stand-alone Residential Uses: As required by Division 3 of Article 15, Off-Street Parking Requirements, SAMC. c. Mixed-use Developments with less than 10 percent of the gross floor area devoted to a commercial activity: A minimum of 1.8 spaces per residential or live/work unit inclusive of guest parking and any nonresidential uses. d.Mixed–use developments with 10 percent or greater of the gross floor area devoted to a commercial activity: Any development proposal that devotes 10 percent or more of the development’s gross floor area to a nonresidential use shall be required to provide a parking study by a city approved consultant to establish an adequate parking requirement for the mixture of uses in the proposed development. In no case, however, shall a standard of less than 2.25 spaces per unit inclusive of guest parking and any nonresidential uses be established. 3.Active Urban District a.Stand-alone Nonresidential Uses: As required by Division 3 of Article 15, Off- Street Parking Requirements, SAMC. b.Stand-alone Residential Uses: As required by Division 3 of Article 15, Off-Street Parking Requirements, SAMC. c.Mixed-use Developments with less than 10 percent of the gross floor area devoted to a commercial activity: A minimum of 1.8 spaces per residential or live/work unit inclusive of guest parking and any nonresidential uses. d.Mixed-use developments with 10 percent or greater of the gross floor area devoted to a commercial activity: Any development proposal that devotes 10 percent or more of the development’s gross floor area to a nonresidential use shall be required to provide a parking study by a city approved consultant to establish an adequate parking requirement for the mixture of uses in the proposed development. In no case, however, shall a standard of less than 2.25 spaces per unit inclusive of guest parking and any nonresidential uses be established. 4.Office District a. Office or other permitted nonresidential uses: As required by Division 3 of Article 15, Off-Street Parking Requirements, SAMC. B.In addition to the parking requirements above, new developments in the MEMU Overlay Zone shall provide parking in compliance with the following: 1.Guest parking at a rate of 10 percent of the total required parking spaces shall be set aside and assigned for the exclusive use of guests in any development project within the MEMU Overlay Zone. 2.All residential units shall be provided a minimum of one (1) assigned space per unit. 1-79 metro east mixed-use overlay zone23 In order to provide well-designed parking areas that enhance the pedestrian experience and adequately provide for the mixture of uses that may occur on a development site, the following standards shall be required for all new developments within the MEMU Overlay Zone: 3.Parking facilities (surface or structures) shall be located below grade, behind buildings, and/or screened from the main right of way and all active public areas, except for areas designed for and devoted to vehicular access, drop off, or valet parking. Those portions of new parking structures that face a public street shall include commercial spaces or other pedestrian oriented design features at the ground floor level. 4.Parking spaces specifically designated for nonresidential and residential uses shall be clearly marked by the use of posting, pavement markings, and/or physical separation. Parking area design shall incorporate a separation of the parking for nonresidential and residential uses, except that guest parking may be combined with nonresidential parking as long as the total required parking for the development is not reduced. 5.Driveways shall be a maximum of 24 feet wide, in order to enhance the pedestrian experience, except as required to satisfy fire and/or waste collection requirements. A maximum of one curb cut shall be permitted for each parcel with up to 150 feet of street frontage. Development sites exceeding 150 feet of street frontage shall be permitted a maximum of two curb cuts. Three curb cuts shall be permitted only if a separate residential entrance is required. Screening of parking structures along main streets 1-80 metro east mixed-use overlay zone 24 5.0 Design Principles The MEMU Overlay Zone establishes qualitative design principles that will be used by Staff and decision makers in evaluating proposed projects. This section establishes qualitative design standards intended to guide the developer to achieve the image and design desired for the Metro East Overlay Zone. Staff and decision makers will use these principles to review proposed development projects and determine their approval based on the extent to which the plans address the intent of the City for the area as part of the MEMU Overlay Zone Site Plan Review process. Architectural/massing variety 5.1 INTEGRATED DESIGN The design of buildings, signs, landscaping, and other structures or elements shall feature a unified and integrated theme. 5.2 ARCHITECTURAL QUALITY Projects shall utilize materials, window and door systems, hardscape, softscape, and water features, and architectural details and components throughout that convey a distinct sense of endurance and quality. 5.3 ARCHITECTURAL VARIETY Projects shall utilize architectural means such as varied massing, breaks in plane, a diverse palette of high-quality materials, and changes in form, proportion and detail, as well as a variety of unit types to create variety and differentiation between and within project components. In order to further promote variety and interest within the project as a whole, the use of more than one architect is required for projects on development sites with an area that exceeds two (2) acres. This requirement can be met by compliance with any one of the following as approved by the Planning Manager at the time of the initial Site Plan Review: a.Architectural design is completed by two different firms b.Architectural design is peer reviewed by a second architectural firm c.Architectural design is completed by different studios within one architectural firm d.Applicant conducts an architectural design workshop with City staff in the early phase of design 1-81 metro east mixed-use overlay zone25 The building articulation may include private/ common open space terraces or roof decks. The minimum upper level setback area shall be 10 Ft wide (parallel to the building façade) by 6 Ft deep. c.Buildings facades shall be articulated through the use of separated wall surfaces, contrasting colors and materials, variations in building setbacks, and attractive window fenestrations. Street-facing facade elements Street-facing building elements and massing Building is broken down into distinct elements Arcade at street levelDriveway Upper level setback creates mass articulation 5.4 MASSING a.In general, project massing should be broken down into discrete building elements and components that reinforce a continuous street-facing urban block pattern. This pattern should be broken by intervening the required publicly accessible open space areas. See Section 4.5. b.Within this block pattern, individual buildings shall be massed such that individual building planes or architectural masses do not exceed one-hundred-fifty (150) feet in length. c.The design of buildings shall incorporate a variety of massing and forms to introduce variety at the ground plane and skyline of the project. 5.5 FACADES a.Street facing facades shall be architecturally enhanced through the use of arcades, colonnades, recessed entrances, window details, bays, variation in building materials, and other details such as cornices and contrasting colors. b.Building step backs at the upper level of buildings along public rights-of-ways in the Neighborhood Transitional, Village Center, and Active Urban Districts shall be provided as a means to provide building articulation. 1-82 metro east mixed-use overlay zone 26 d.Street facing facades shall be integrated with public plazas, mini parks, outdoor dining, and other pedestrian-oriented amenities where feasible. Contrasting colors and materials Primary pedestrian access Overhangs, and awnings along street-facing facade Street-facing ground floor elements 5.6 GROUND FLOOR USES a.Ground floor commercial or retail uses oriented to the street shall provide primary pedestrian access directly from the adjacent public street frontage. b.Ground floor commercial or retail uses oriented to the street shall incorporate the use of overhangs, awnings, or trellis work for at least 60 percent of the frontage. 5.7 COMMUNITY CONNECTIONS Project site plans shall create community connections and linkages between developments within the various Districts within the MEMU Overlay Zone area, as well as facilitate comfortable and visually interesting pedestrian and bicycle movements. a.Pedestrian- and sidewalk-oriented buildings. Projects as a whole, as well as individual building components, shall reinforce activity and pedestrian scale along adjacent sidewalks through the use of active building entries and frontages, and/or publicly accessible open space fronting the streets. 1-83 metro east mixed-use overlay zone27 Podium parking screening Ventilation Podium parking Landscape screening berm b.Pedestrian-oriented sidewalks and streetscapes. Projects as a whole shall incorporate design and development features that facilitate pedestrian and bicycle-scale orientation at the street level. These features include, but are not limited to, street trees, improved medians with trees, widened sidewalks, pedestrian-scale lighting, integrated bicycle paths, curbside parkways, and feasible curbside parking to create a streetscape that accommodates increased and comfortable pedestrian and bicycle use. 5.8 LANDSCAPE BUFFERS a.In order to establish a strong public street and sidewalk edge, building massing shall establish variation in relationship of the building frontages to the street. Landscape buffers should be provided along driveways which are adjacent to any project which includes residential development. b.Landscape buffers in addition to other screening techniques should also be provided as a means to screen trash collection areas, and above grade surface parking. 5.9 PARKING Parking areas, whether at grade or in a structure, shall be completely screened from the public street view. Above-grade parking structures shall be completely screened at the street level by architectural features including retail spaces, stoops, porches, landscaping or other pedestrian oriented design features. 5.10 TION—SHADE AND ENERGY CONSERVA SHADOW Energy consumption shall be minimized using the following features where feasible: cogeneration, solar access, south facing windows with eave coverage, double glazed windows, deciduous shade trees, good ventilation, efficient lighting, and day lighting. Individual units, where possible, should be oriented such that they receive a minimum of two (2) hours of direct sunlight in major living spaces such as living rooms, dining rooms, dens, great rooms, or kitchens on the day of the winter solstice. 5.11 RESIDENTIAL UNIT SIZE An average unit size of 1,200 square feet per unit will be used as a guideline to assess the overall quality and livability of any residential units. The mix of unit sizes within a project should be more heavily weighted towards units larger than 1,000 square feet in size. Pedestrian/bicycle oriented streetscape 1-84 metro east mixed-use overlay zone 28 6.1 MASTER SIGN PROGRAM Building identification and signage can be used as a creative tool to enhance the look and design of a development project. When signs are designed to complement the form and function of the building and its users it contributes to the aesthetics of the project and aids in way finding. The provisions of this section encourage creative sign proposals where the standard provisions of the sign code may not well suit a particular need, situation, or circumstance. In exchange, certain signs that otherwise would be allowed might not be allowed in the MEMU Overlay Zone. Prior to issuance of any sign permits or certificates of occupancy for any building or portion thereof, a master sign program for the entire site, including directional signs and graphics for any parking structure, shall be submitted to the Planning Commission as part of the MEMU Site Plan Review application. The purpose of the Master Sign Program is as follows: 6.0 Signs Main access signage a.The primary purpose of a master sign program is to provide a mechanism by which the sign regulations established in the SAMC can be modified to ensure that signs for a uniquely planned or designed development are most appropriate for that development or area. b.A master sign program may include sign regulations that are, at the same time, both more restrictive in some respects and less restrictive in other respects than the regulations established in the SAMC. Less restrictive provisions in a master sign program may also include signs that are otherwise prohibited by the SAMC. c.Each master sign program application shall show to the Planning Commission's satisfaction why the modifications requested are warranted and how the total sign proposal for the development meets the general purpose and intent of the SAMC. Building identification and signage can be used as a creative tool to enhance the look and design of a development project. When signs are designed to complement the form and function of the building and its users, it contributes to the aesthetics of the project and aids in way finding. The City desires to encourage creative sign proposals where the standard provisions of Article XI do not well suit a particular need, situation, or circumstance. In exchange, certain signs that otherwise would be allowed by Article XI might not be allowed. Secondary access sign 1-85 metro east mixed-use overlay zone29 d.The Planning Commission shall approve, conditionally approve, or disapprove any application for a master sign program based on the signage and its compatibility with the proposed development project based on the following findings: 1.Compliance with the objectives of the MEMU Overlay Zone as specified in Section 1.2. 2.Compliance with the purpose and objectives outlined in the Citywide Design Guidelines; and 3.Compliance with the purpose and intent of Section 41-860 et seq. except for the variations specified in the Master Sign Program application. Applications for a Master Sign Program that are denied by the Planning Commission may be appealed to the City Council. Appeals from decision of the Planning Commission shall be processed and considered consistent with SAMC Chapter 41, Article 5. e. 1-86 metro east mixed-use overlay zone 30 7.0 Compatibility/Operational Standards The following standards are intended to ensure the compatibility of the mix of residential and nonresidential uses that may occur within one building or on a development site in the MEMU Overlay Zone. These standards are intended to mitigate the potential impacts that may occur as a result of the interface between nonresidential and residential uses within one project. Compatible design: Public open space, retail on first level, and residential uses on top 7.1 SECURITY Residential units shall be designed to ensure the security of residents through the provision of secured entrances and exits that are separate from the nonresidential uses and are directly accessible to parking areas. Nonresidential and residential uses shall not have common entrances that provide direct access to residential units. The separation of entrances shall be shown on the development plan and the separations shall be permanently maintained. 7.2 RESTRICTION ON ACTIVITIES Commercial uses shall be designed and operated, and hours of operation limited, so that neighboring residents are not exposed to offensive noise, especially from traffic, trash collection, routine deliveries, or late night activity. There shall be no loading or unloading of trucks between the hours of 9:00 P.M. and 9:00 A.M. 7.3 LOADING AND UNLOADING Every building involving the receipt or distribution by vehicle of materials or merchandise incidental to carrying on such activity shall provide adequate area for the loading and unloading of vehicles, include moving vans, garbage trucks, and other delivery vehicles. Mixed use along corridor 7.4 VIBRATIONS AND ODORS No use, activity, or process shall produce vibrations or noxious odors that are perceptible without instruments by the average person at the property lines of the site or within the interior of residential units on the site. 7.5 LIGHTING Outdoor lighting associated with commercial uses shall not adversely impact surrounding residential uses, but shall provide sufficient illumination for access and security purposes consistent with the lighting standards in Chapter 8 of the SAMC (Security Ordinance). 7.6 WINDOWS Residential windows shall not directly face loading areas and docks. To the extent windows of residential units face each other, the windows shall be offset to maximize privacy. 1-87 metro east mixed-use overlay zone31 8.0 Implementation This Division includes development Standards and design principles that are designed to work in concert to facilitate the vision for the long-term development of the MEMU Overlay Zone. Successful implementation of this Division requires effective and coordinated administration of these required standards and principles by professional staff on a cooperative basis with developers and property owners with the goal of expediting the entitlement/permit process for projects consistent with the plan. 8.1 MEMU SITE PLAN REVIEW BY PLANNING COMMISSION A.Any application for development subject to the provisions of the MEMU Overlay Zone shall require filing an application with the Planning Manager for approval of a MEMU Site Plan Review by the Planning Commission. The application and development plan shall contain the materials outlined in the Planning Division’s Development Review Committee Checklist which includes but is not limited to the following materials that shall demonstrate conformance with the provisions of this section and other required sections of the SAMC: 1. A site plan consisting of architectural drawings or sketches and plot plans, all to a workable scale and fully dimensioned, showing the elevations of the proposed building or structure, off-street parking and other physical features such as trees, hydrants, poles, and other installations, and any other such information as determined necessary by the Planning Manager to fully evaluate any requirement of a building permit. 2. A landscape design plan, pursuant to the requirements of Section 41-1507, showing fully dimensioned private, common, and public open space areas. 3. A master sign program, pursuant to the requirements of Section 6. B.Upon receipt of a MEMU Site Plan Review application, the same shall be reviewed by City staff to determine conformance with the provisions of the MEMU Overlay Zone and referred to the Planning Commission for review and recommendations. The Planning Commission shall review said plans for the purpose of ensuring that buildings, structures, and grounds will be in keeping with the compatibility standards and design principles of this division, and will not be detrimental to the harmonious development of the city or impair the desirability of investment or occupation in the MEMU Overlay Zone. Depending on the level of conformance with the findings of the MEMU Overlay Zone, the Planning Commission may take any of the following actions: 1.Approve the development plan 2.Approve the development plan with conditions 3.Deny the development plan 8.2 FINDINGS FOR GRANTING A MEMU OVERLAY ZONE SITE PLAN REVIEW APPROVAL The Planning Commission may grant a MEMU Overlay Zone Site Plan Review approval subject to finding the following: a.That the proposed development plan is consistent with and will further the objectives outlined in Section 1.2 for the MEMU Overlay Zone. b.That the proposed development plan is consistent with the development standards specified in Section 4 of the MEMU Overlay Zone. c.That the proposed development plan is designed to be compatible with adjacent development in terms of similarity of scale, height, and site configuration and otherwise achieves the objectives of the Design Principles specified in Section 5 of the MEMU Overlay Zone. d.That the land use uses, site design, and operational considerations in the proposed development plan have been planned in a manner that will result in a compatible and harmonious operation as specified in Section 7 of the MEMU Overlay Zone. 8.3 CONDITIONAL USE PERMITS, VARIANCES AND MINOR EXCEPTIONS Conditional use permits, variances and minor exceptions in the MEMU Overlay Zone shall be processed and considered pursuant to SAMC Chapter 41, Article 5. 1-88 metro east mixed-use overlay zone 32 8.4 TIME LIMITS MEMU Site Plan Review shall automatically become void after two (2) years from the effective date of such approval when the owner fails to institute an action to erect, build, alter, move or maintain the use of the property as specified in the terms and conditions of the MEMU Site Plan Review. City Council may, by resolution, extend the date on which a MEMU Site Plan Review becomes void for a period or periods not exceeding three (3) years in total beyond the date it would otherwise become void. Acceptable action shall be considered to be actual construction, alteration, repairs and use of the structures and land. Preparation of plans, financial negotiations, or change of property owners are not considered sufficient evidence of action. 8.5 DEVELOPMENT CAPACITY MONITORING AND ENVIROMENTAL REVIEW In order to maintain conformity with the provisions of the environmental analysis completed for this project under the California Environmental Quality Act (CEQA), development capacity within the MEMU Overlay Zone shall be limited to 1.27 million gross square feet of commercial (retail and service) and 3.41 million gross square feet of office space. This corresponds to a potential net increase of 963,000 square feet of commercial, and 690,000 square feet of office space, and the potential for 5,551 residences above existing development constructed prior to March of 2007. When new development within the MEMU Overlay Zone reaches 80 percent of the allowable increased capacity, no development shall be entitled until an environmental review, including a traffic study, has been completed pursuant to CEQA. These development capacity “triggers” are as follows: a. Commercial—770,400 square feet b. Office—552,000 square feet c. Residential—4,440 units 1-89 1-90 SPR No. 2018-02 ELAN MIXED-USE RESIDENTIAL COMMUNITY 1660 EAST FIRST STREET SITE PHOTO EXHIBIT 6 7/12/2018 1-91 EXHIBIT 71-92 0’ TCA # 2016-070 REVISED ENTITLEMENT SUBMITTAL #3 JUNE 25, 2018 120’60’30’COMPOSITE LANDSCAPE PLAN2018.06.22 Revised 3rd Entitle- ment Package 2018.06.22 Revised 3rd Entitle- ment Package SANTA ANA, CA WERMERS PROPERTIESWFIRST STREETLYON STREET BUILDING 1 RESIDENT LOUNGE (LEASING BELOW) ARTIST’S GALLERY SCREENING ROOM CLUB HOUSE CABANA FITNESS LOBBY MOVE-IN LOBBY POST FITNESSYOGA RESTROOMS & SHOWERS RESTROOMS & SHOWERS BUILDING 2 ELK LANE STREETSCAPE -see L.-6.1 CENTRAL COURTYARD -see L-2.1 BUILDING 1 POOL COURTYARD -see L-3.1 BUILDING 1 ROOFTOPBUILDING 1 ENTERTAINMENT COURTYARD -see L-3.1 BUILDING 1 VIEW TERRACE -see L-3.1 BUILDING 2 “BACKYARD” COURTYARD -see L-3.2 BUILDING 2 POOL COURTYARD -see L-3.2 ELK LANE NOT A PART L-1.0 EXHIBIT 8 1-93 0’ TCA # 2016-070 REVISED ENTITLEMENT SUBMITTAL #3 JUNE 25, 2018 120’60’30’GROUND LEVEL LANDSCAPE PLAN SANTA ANA, CA WERMERS PROPERTIESWFIRST STREETBUILDING 1 ARTIST’S GALLERY CLUB HOUSE CABANA FITNESS BUILDING 2 ELK LANE STREETSCAPE -see L.-6.1 benches - 980 feet to e. 1st Street bus stop CENTRAL COURTYARD -see L-2.1 BUILDING 2 POOL COURTYARD -see L-3.2 BUILDING 2 “BACKYARD” COURTYARD -see L-3.2 LEASING SHARED CLUB LOADINGLOBBY MOVE-IN LOBBY RESTROOMS & SHOWERS PET SPA COMMERCIAL POST POST SCREENING ROOM LOBBY public art (4) short term bike stalls - 380 feet to e. 1st Street bus stop (4) short term bike stalls - 970 feet to e. 1st Street bus stop drinking fountain public art drinking fountain NOTE: THE DESIGN, SELECTION and PLACEMENT OF ALL SITE FURNISHINGS (E.G. TABLES, BENCEHS, BOLLARS, BIKE RACKS, AND TRASH RECEPTACLES) SHALL BE COMPATIBLE WITH THE OVERALL SITE DESIGN AND ARCHITECUTRAL CHARACTER OF THE DEVELOPMENT (CDG SECTION 7.12) LOBBY ELK LANE LYON STREET NOT A PART L-1.1 1-94 TCA # 2016-070 ENTITLEMENT PACKAGE #3 JANUARY 8, 2018 CENTRAL COURTYARD AND STREETSCAPE IMAGERY SANTA ANA, CA WERMERS PROPERTIESW L-2.0 1-95 0’ TCA # 2016-070 ENTITLEMENT PACKAGE #3 JANUARY 8, 2018 40’20’10’CENTRAL COURTYARD ENLARGEMENT SANTA ANA, CA WERMERS PROPERTIESW ELK LANELEASING ARTIST’S GALLERYPOSTMOVE-IN LOBBY SHARED CLUBLOADING SCULPTURE GARDEN •art •specimen tree •meandering decomposed granite walk COMMUNITY LAWN •turf lawn •shade trees SEAT WALL •wood clad angular wall •cantilevered benches PUBLIC BOARDWALKBARK PARK •low louvered fence •synthetic turf •boulders and benches LOUVERED ART FENCE AND GATES •central courtyard security PAVILION •decorative trellis •accent wall with signage FOREST WALK •lush planting •meandering d.g. walk •enlarged patios GAME ROOM •outdoor games •firepit •lounge seating FIRST STSEATING AREA SHADED with TREE CANOPY BIKE RACKS DROP OFF/ PICKUP AREA DRINKING FOUNTAIN L-2.1 1-96 TCA # 2016-070 ENTITLEMENT PACKAGE #3 JANUARY 8, 2018 RESIDENT COURTYARD IMAGERY SANTA ANA, CA WERMERS PROPERTIESW L-3.0 1-97 0’ TCA # 2016-070 ENTITLEMENT PACKAGE #3 JANUARY 8, 2018 64’32’16’BUILDING 1 LEVEL 3 LANDSCAPE PLAN SANTA ANA, CA WERMERS PROPERTIESW OUTDOOR LIVING ROOM RESIDENT LOUNGE FITNESSYOGA RESTROOMS & SHOWERS LOUNGE LAWN ENTERTAINMENT TERRACE DINING TERRACE COMMUNITY KITCHEN POOL DECK VIEW TERRACE ACTIVITY LAWN L-3.1 1-98 0’ TCA # 2016-070 ENTITLEMENT PACKAGE #3 JANUARY 8, 2018 64’32’16’BUILDING 2 LANDSCAPE PLAN SANTA ANA, CA WERMERS PROPERTIESW BACKYARD LOUNGE LOUNGE LAWN TRELLIS with VINES TRELLIS with VINES SOCIAL CLUB GAME LAWN POOL DECK CLUBROOM DECK ARTIST’S GALLERY FITNESS LOBBY LOBBY POST CLUB HOUSESCREENING ROOM RESTROOMS & SHOWERS L-3.2 1-99 PRELIMINARY PLANT PALETTE PRENTICE PARK APARTMENTS SANTA ANA, CA THE OBJECTIVE OF THE OVERALL LANDSCAPING CONCEPT IS TO PROVIDE A DISTINCT VISUAL IMPRESSION AND BUILDING IDENTITY, SOFTEN THE URBAN EXPERIENCE, PROVIDE THE HIGHEST LEVEL OF AESTHETIC STANDARDS COMPLIMENTED BY THE QUALITY OF THE BUILDING MATERIALS THAT WILL ASSURE AN ATTRACTIVE ENVIRONMENT ENHANCING THE QUALITY OF LIFE AMONG ITS RESIDENTS AND VISITORS. SUCCESSFUL STREETSCAPES ARE A PARTNERSHIP BETWEEN THE BUILDING DESIGN AND THE LANDSCAPED EDGE OF THE STREET DISTINGUISHING PRENTICE PARK LANE, LYON STREET & FIRST STREET THROUGH DISTINCTIVE LANDSCAPING, STREET TREE SPACING, LIGHTING AND STREET FURNISHINGS. THE LANDSCAPE IRRIGATION CONCEPT FOR THE SITE WILL BE DESIGNED TO PROVIDE THE MOST EFFICIENT AND CONSERVING MEANS TO DISTRIBUTE IRRIGATION WATER AND PROVIDE THE PROPERTY MANAGEMENT COMPANY WITH THE LATEST TECHNOLOGY FOR WATER CONSERVATION AND DISTRIBUTION. THE PRELIMINARY PLANT PALETTE IS DESIGNED TO UTILIZE A MAJORITY OF WATER-CONSERVING PLANTS. THE FOLLOWING PLANT MATERIAL AS SELECTED IS COMPLIANT WITH CITY OF SANTA ANA WATER CONSERVATION MEASURES WITH CONSIDERATION FOR NON-INVASIVE SPECIES. TREES: Botanical Name Common Name Size: First Street: Platanus a. 'Bloodgood'Plane Tree (to match existing) 36" box Location to be coordinated with City of Santa Ana Public Works Street Tree Supervisor Tree to be planted in 6' x 4' tree wells. Elk Lane: Ceiba speciosa Floss Silk Tree 24" box Eucalyptus citriodora Lemon-Scented Gum 24" box Eucalyptus ficifolia Red-Flowering Gum 24" box Jacaranda mimosifolia Jacaranda 36" box Magnolia g. 'St. Mary"Southern Magnolia 36" box Quercus virginiana Southern Live Oak 36" box Tipuanu tipu Tipu Tree 36" box Tristania conferta Brisbane Box 36" box Lyon Street: Tristania conferta Brisbane Box 24" box Location to be coordinated with City of Santa Ana Public Works Street Tree Supervisor Tree to be planted in 6' x 4' tree wells. Central Courtyard Trees: Aloe barberae Tree Aloe 24" box Arbutus x 'Marina'Hybrid Strawberry Tree 36" box Archontophoenix cunninghamiana King Palm 48" box Bambusa oldhamii Timber Bamboo 24" box Brahea armata Mexican Blue Palm 36" box Draceana draco Dragon Tree 24" box Erythrina crista-galli Cockspur Coral Tree 48" box Jacaranda mimosifolia Jacaranda 36" box Olea europeae 'Wilsonii''Fruitless Olive 48" box Platanus mexicana Mexican Sycamore 36" box Plumeria obtusa 'Singapore White'Singapore Plumeria 36" box Prunus caroliniana 'Bright & Tight'Compact Carolina Cherry 24" box Quercus agrifolia Coast Live Oak 48" box Spathodea campanulata African Tulip Tree 48" box Tabebuia ipe Pink Trumpet Tree 36" box Tipuanu tipu Tipu Tree 36" box Trachycarpus fortunei Windmill Palm 6'-10' b.t.h. Washingtonia robusta Mexican Fan Palm - Hts. vary 12'-24' b.t.h. Pool Courtyard Trees/Palms (in raised planters over-structure): Arbutus x 'Marina'Hybrid Strawberry Tree 36" box Archontophoenix cunninghamiana King Palm 48" box Bambusa oldhamii Timber Bamboo 24" box Dactylifera 'Medjool"Medjool Date Palm - matching hts. 18' b.t.h. Draceana draco Dragon Tree 24" box Ficus m. 'Green Gem'Green Gem Laurel (Column) 36" box Howea forsteriana Kentia Palm 36" box Laurus noblis 'Saratoga'Sweet Bay (Column) 36" box Magnolia 'Little Gem'Southern Magnolia 36" box Olea europeae 'Wilsonii''Fruitless Olive 48" box Prunus caroliniana 'Bright & Tight'Compact Carolina Cherry 24" box Strelitzia nicolai Giant Bird of Paradise 24" box Tabebuia ipe Pink Trumpet Tree 48" box Trachycarpus fortunei Windmill Palm 6'-10' b.t.h. Entertainment Terraces (in raised planters over-structure): Aloe barberae Tree Aloe 24" box Arbutus x 'Marina'Hybrid Strawberry Tree 36" box Archontophoenix cunninghamiana King Palm 48" box Bambusa oldhamii Timber Bamboo 24" box Brahea armata Mexican Blue Palm 36" box Citrus species Thornless Citrus-in Pots 24" box Draceana draco Dragon Tree 24" box Ficus m. 'Green Gem'Green Gem Laurel-Column 36" box Erythrina crista-galli Cockspur Coral Tree 48" box Howea forsteriana Kentia Palm 36" box Magnolia 'Little Gem'Southern Magnolia 36" box Olea europeae 'Swan Hill'Fruitless Olive 48" box Plumeria obtusa 'Singapore White'White Plumeria 36" box Prunus caroliniana 'Bright& Tight'Compact Carolina Cherry 24" box Spathodea campanulata African Tulip Tree 48" box Strelitzia nicolai Giant Bird of Paradise 36" box Tabebuia ipe Pink Trumpet Tree 48" box Trachycarpus fortunei Windmill Palm 6'-10' b.t.h. SHRUBS and ACCENT PLANTS: Botanical Name Common Name Large shrubs (minimum 15 gallon size at 3' o.c.) Arbutus unedo Strawberry Tree Furcraea 'Mediopicta'Mauritius Hemp Hibiscus rosa-sinensis Tropical Hibiscus Philodendron monstera Philodendron Phormium hybrids Hybrid Flax Raphiolepis 'Majestic Beauty'Yedda Hawthorne-Modular Wetland Strelitzia nicolai Giant Bird of Paradise Tecoma stans Yellow Bells Medium Shrubs (minimum 5 gallon size) Asparagus meyerii Meyer's Asparagus Bougainvillea species Bouganivillea Callistemon 'Little John'Dwarf Bottlebrushco Dietes vegeta 'Orange Drop'Fortnight Lily Olea 'Little Ollie'Little Ollie Olive Pittosporum species Mock Orange Philodendron xanadu Dwarf Philodendron Raphiolepis 'Enchantress White' Yedda Hawthorn Strelitzia reginae Bird of Paradise Westringia f. 'Smokey'Dwarf Coast Rosemary Low Shrubs and Groundcovers (minimum 5 gallon size) Buxus 'Green Beauty'Boxwood Carissa m. 'Boxwood Beauty'Natal Plum Carex species Sedge Hemerocallis hybrids Evergreen Daylilies Liriope gigantea Giant Liriope Rosmarinus o. prostratus Dwarf Rosemary Accent/Color Shrubs (minimum 5 gallon size) Aeonium x floribundum Aeonium Hybrid Aloe species Agave Bromeliad species Bromeliad Canna species Canna Colocasia species Elephant Ears Cycas revoluta Sago Dypsis lutescens Areca Palm Rose 'Carpet Red'Carpet Rose Screen Shrubs for Above-Ground Utilites (minimum 15 gallon size) Ligustrum j. texanum Wax Leaf Privet - Column Podocarpus maki Shrubby Yew Pine Prunus c. 'Bright & Tight' Compact Carolina Cherry 1. MAINTAIN SHRUBS AT 24" HIGH INSIDE OF STREET AND DRIVEWAY LINE OF SIGHT. 2. ROOT BARRIERS ARE REQUIRED FOR ALL TREES WITHIN 5' OF ANY HARDSCAPE SURFACE. GENERAL PLANTING NOTES: ALL ABOVE-GROUND UTILITIES INCLUDING BACKFLOW DEVICES AND TRANSFORMERS WILL BE SCREENED WITH A DENSE PLANTING HEDGE TO MITIGATE VIEWS OF THE UTILITIES FROM THE PUBLIC REALM AS REQUIRED BY THE CITY OF SANTA ANA ORDINANCE. UTILITY SCREENING NOTES: TREES FOUND WITHIN THE FIRE LANE SHALL BE MAINTAINED AT THE MINIMUM CLEARANCE OF 13'-6" FOR FIRE DEPARTMENT ACCESS. FIRE ACCESS NOTES: WUCOLS, WATER USE CLASSIFICATION OF LANDSCAPE SPECIES, IS A UNIVERSITY OF CALIFORNIA COOPERATIVE EXTENSION PUBLICATION AND IS A GUIDE TO THE WATER NEEDS OF LANDSCAPE PLANTS. THIS PRELIMINARY PLANT PALETTE IS INTENDED TO REPRESENT A TYPICAL SAMPLE OF THE PROPOSED PLANTS BUT DOES NOT INDICATE THE EXACT SPECIES WHICH WILL BE DEVELOPED ON THE DETAILED PLANS. 1.SITE PREVIOUSLY GRADED. NO EXISTING TREES. WATER EFFICIENT LANDSCAPING: THE FOLLOWING MEASURES WILL BE INCORPORATED INTO THE PROJECT TO CONSERVE WATER: 1.THE IRRIGATION SYSTEM SHALL MEET THE REQUIREMENTS OF THE CITY OF SANTA ANA GUIDELINES FOR WATER EFFICIENT LANDSCAPES. 2.THE ESTIMATED APPLIED WATER USE ALLOWED FOR THE LANDSCAPE AREA SHALL NOT EXCEED THE MAWA CALCULATION. 1.LANDSCAPE TO BE DESIGNED TO CONFORM WITH THE CITY OF SANTA ANA COMMERCIAL AREA LANDSCAPE STANDARDS SEC 41-372(d). 2.PLANT MATERIALS WILL BE MAINTAINED AND DEAD MATERIAL REPLACED AS SPECIFIED IN THE CITY OF SANTA ANA CODE SECTION 41-609. GENERAL PLANTING NOTES: 1.MAINTAIN SHRUBS AT 24" HIGH INSIDE OF VEHICULAR LINE OF SIGHT. 2.SECURITY PLANTING MATERIALS WILL BE UTILIZED ALONG WALL AND PROPERTY LINES AND UNDER VULNERABLE WINDOWS. 3.ROOT BARRIERS ARE REQUIRED FOR ALL TREES WITHIN 5' OF ANY HARDSCAPE SURFACE. POLICE DEPARTMENT SECURITY NOTES: ADEQUATE LIGHTING OF PARKING STRUCTURE, CIRCULATION AREAS, AISLES, PASSAGEWAYS, RECESSES, and GROUNDS CONTIGUOUS TO BUILDINGS SHALL BE PROVIDED with LIGHTING of SUFFICIENT WATTAGE TO PROVIDE ADEQUATE ILLUMINATION TO MAKE CLEARLY VISIBLE THE PRESENCE OF ANY PERSON ON or ABOUT THE PREMISES DURING HOURS OF DARKNESS and PROVIDE A SAFE, SECURE ENVIRONMENT FOR ALL PERSONS, PROPERTY, and VEHICLES ON-SITE. LANDSCAPE STANDARDS: WUCOLS NOTE: PLANT PALETTE NOTES: TREE SURVEY NOTE: LANDSCAPE NOTES: 1.ALL LANDSCAPING MUST MEET THE STANDARDS SET BY THE STATE OF CALIFORNIA EMERGENCY DROUGHT PLAN. 2.ALL SYNTHETIC TURF MUST MEET THE CITY OF SANTA ANA'S STANDARDS FOR SYNTHETIC TURF. 3.ALL STREET STREETS SHALL BE 24-INCH BOX AT 35 FEET O.C. ON THEORETICAL STREET, INCLUDING DEEP ROOT IRRIGATION SYSTEMS, PER CITY STANDARDS. 4.INSTALL 24-INCH BOX STREET TREES PER THE CITY STANDARDS AND APPROVED PLAN, AS NEEDED. 5.THE DEVELOPER SHALL MAINTAIN SIDEWALK AND TREES IN THE PUBLIC RIGHT-OF-WAY. 6.LANDSCAPING ON ELK LANE AND LYON STREET SHALL BE DROUGHT TOLERANT LANDSCAPE PER THE CITY OF SANTA ANA PARKWAY GUIDELINE FOR DROUGHT TOLERANT PLANTS IN THE EXISTING PARKWAY. 7.A NEW DEDICATED IRRIGATION WATER SERVICE WILL BE PROVIDED PER PUBLIC WORKS REQUIREMENTS. THESE FACILITIES WILL BE INSTALLED IN CONFORMANCE WITH CITY STANDARDS AND APPROVED PLANS. INSTALLATION WILL BE DONE BY THE DEVELOPERS CONTRACTOR (REQUIRING "A" OR A "C-34" CONTRACTING LICENSE) FOLLOWING THE ISSUANCE OF A WATER APPLICATION AND A STREET WORK PERMIT. DEMAND CALCULATIONS PER GALLON PER MINUTE FOR SIZE DETERMINATION ARE REQUIRED FOR BOTH DOMESTIC AND IRRIGATION WATER METERS. CONTACT PHILLIP VAKILI AT (714) 647-5038 FOR ASSISTANCE. GRAFFITI NOTES: 1.ANY GRAFFITI PAINTED OR MARKED UPON THE PREMISES OR ON ANY ADJACENT AREA UNDER THE CONTROL OF THE LICENSEE(S) SHALL BE REMOVED OR PAINTED WITHIN 24 HOURS OF BEING APPLIED. TREES: Perimeter Common Area: Bambusa oldhamii Timber Bamboo 24" box Hymenosporum flavum Sweetshade 24" box Pinus eldarica Afghan Pine 36" box Podocarpus 'Icee Blue'Icee Blue Yellow-Wood 15 gal. Podocarpus maki Shrubby Yew Pine 24" box Tristania conferta Brisbane Box 36" box TCA # 2016-070 REVISED ENTITLEMENT SUBMITTAL #3 JUNE 25, 2018 PRELIMARY PLANT PALETTE / NOTES / FURNITURE IMAGES L-4.0 SANTA ANA, CA WERMERS PROPERTIESW SITE BENCHES HAMMOCK BIKE RACKS HANGING CHAIRS DRINKING FOUNTAIN 1-100 0’ TCA # 2016-070 REVISED ENTITLEMENT SUBMITTAL #3 JUNE 25, 2018 120’60’30’GROUND LEVEL LANDSCAPE PLAN SANTA ANA, CA WERMERS PROPERTIESWFIRST STREETBUILDING 1 ARTIST’S GALLERY CLUB HOUSE CABANA FITNESS BUILDING 2 ELK LANE STREETSCAPE -see L.-6.1 benches - 980 feet to e. 1st Street bus stop CENTRAL COURTYARD -see L-2.1 BUILDING 2 POOL COURTYARD -see L-3.2 BUILDING 2 “BACKYARD” COURTYARD -see L-3.2 LEASING SHARED CLUB LOADINGLOBBY MOVE-IN LOBBY RESTROOMS & SHOWERS PET SPA COMMERCIAL POST POST SCREENING ROOM LOBBY public art (4) short term bike stalls - 380 feet to e. 1st Street bus stop (4) short term bike stalls - 970 feet to e. 1st Street bus stop drinking fountain public art drinking fountain NOTE: THE DESIGN, SELECTION and PLACEMENT OF ALL SITE FURNISHINGS (E.G. TABLES, BENCEHS, BOLLARS, BIKE RACKS, AND TRASH RECEPTACLES) SHALL BE COMPATIBLE WITH THE OVERALL SITE DESIGN AND ARCHITECUTRAL CHARACTER OF THE DEVELOPMENT (CDG SECTION 7.12) LOBBY ELK LANE LYON STREET NOT A PART L-1.1 1-101 0’ TCA # 2016-070 REVISED ENTITLEMENT SUBMITTAL #3 JUNE 25, 2018 120’60’30’COMPOSITE LANDSCAPE PLAN2018.06.22 Revised 3rd Entitle- ment Package 2018.06.22 Revised 3rd Entitle- ment Package SANTA ANA, CA WERMERS PROPERTIESWFIRST STREETLYON STREET BUILDING 1 RESIDENT LOUNGE (LEASING BELOW) ARTIST’S GALLERY SCREENING ROOM CLUB HOUSE CABANA FITNESS LOBBY MOVE-IN LOBBY POST FITNESSYOGA RESTROOMS & SHOWERS RESTROOMS & SHOWERS BUILDING 2 ELK LANE STREETSCAPE -see L.-6.1 CENTRAL COURTYARD -see L-2.1 BUILDING 1 POOL COURTYARD -see L-3.1 BUILDING 1 ROOFTOPBUILDING 1 ENTERTAINMENT COURTYARD -see L-3.1 BUILDING 1 VIEW TERRACE -see L-3.1 BUILDING 2 “BACKYARD” COURTYARD -see L-3.2 BUILDING 2 POOL COURTYARD -see L-3.2 ELK LANE NOT A PART L-1.0 EXHIBIT 9 1-102 TCA # 2016-070 ENTITLEMENT PACKAGE #3 JANUARY 8, 2018 CENTRAL COURTYARD AND STREETSCAPE IMAGERY SANTA ANA, CA WERMERS PROPERTIESW L-2.0 1-103 0’ TCA # 2016-070 ENTITLEMENT PACKAGE #3 JANUARY 8, 2018 40’20’10’CENTRAL COURTYARD ENLARGEMENT SANTA ANA, CA WERMERS PROPERTIESW ELK LANELEASING ARTIST’S GALLERYPOSTMOVE-IN LOBBY SHARED CLUBLOADING SCULPTURE GARDEN •art •specimen tree •meandering decomposed granite walk COMMUNITY LAWN •turf lawn •shade trees SEAT WALL •wood clad angular wall •cantilevered benches PUBLIC BOARDWALKBARK PARK •low louvered fence •synthetic turf •boulders and benches LOUVERED ART FENCE AND GATES •central courtyard security PAVILION •decorative trellis •accent wall with signage FOREST WALK •lush planting •meandering d.g. walk •enlarged patios GAME ROOM •outdoor games •firepit •lounge seating FIRST STSEATING AREA SHADED with TREE CANOPY BIKE RACKS DROP OFF/ PICKUP AREA DRINKING FOUNTAIN L-2.1 1-104 TCA # 2016-070 ENTITLEMENT PACKAGE #3 JANUARY 8, 2018 RESIDENT COURTYARD IMAGERY SANTA ANA, CA WERMERS PROPERTIESW L-3.0 1-105 0’ TCA # 2016-070 ENTITLEMENT PACKAGE #3 JANUARY 8, 2018 64’32’16’BUILDING 1 LEVEL 3 LANDSCAPE PLAN SANTA ANA, CA WERMERS PROPERTIESW OUTDOOR LIVING ROOM RESIDENT LOUNGE FITNESSYOGA RESTROOMS & SHOWERS LOUNGE LAWN ENTERTAINMENT TERRACE DINING TERRACE COMMUNITY KITCHEN POOL DECK VIEW TERRACE ACTIVITY LAWN L-3.1 1-106 0’ TCA # 2016-070 ENTITLEMENT PACKAGE #3 JANUARY 8, 2018 64’32’16’BUILDING 2 LANDSCAPE PLAN SANTA ANA, CA WERMERS PROPERTIESW BACKYARD LOUNGE LOUNGE LAWN TRELLIS with VINES TRELLIS with VINES SOCIAL CLUB GAME LAWN POOL DECK CLUBROOM DECK ARTIST’S GALLERY FITNESS LOBBY LOBBY POST CLUB HOUSESCREENING ROOM RESTROOMS & SHOWERS L-3.2 1-107 PRELIMINARY PLANT PALETTE PRENTICE PARK APARTMENTS SANTA ANA, CA THE OBJECTIVE OF THE OVERALL LANDSCAPING CONCEPT IS TO PROVIDE A DISTINCT VISUAL IMPRESSION AND BUILDING IDENTITY, SOFTEN THE URBAN EXPERIENCE, PROVIDE THE HIGHEST LEVEL OF AESTHETIC STANDARDS COMPLIMENTED BY THE QUALITY OF THE BUILDING MATERIALS THAT WILL ASSURE AN ATTRACTIVE ENVIRONMENT ENHANCING THE QUALITY OF LIFE AMONG ITS RESIDENTS AND VISITORS. SUCCESSFUL STREETSCAPES ARE A PARTNERSHIP BETWEEN THE BUILDING DESIGN AND THE LANDSCAPED EDGE OF THE STREET DISTINGUISHING PRENTICE PARK LANE, LYON STREET & FIRST STREET THROUGH DISTINCTIVE LANDSCAPING, STREET TREE SPACING, LIGHTING AND STREET FURNISHINGS. THE LANDSCAPE IRRIGATION CONCEPT FOR THE SITE WILL BE DESIGNED TO PROVIDE THE MOST EFFICIENT AND CONSERVING MEANS TO DISTRIBUTE IRRIGATION WATER AND PROVIDE THE PROPERTY MANAGEMENT COMPANY WITH THE LATEST TECHNOLOGY FOR WATER CONSERVATION AND DISTRIBUTION. THE PRELIMINARY PLANT PALETTE IS DESIGNED TO UTILIZE A MAJORITY OF WATER-CONSERVING PLANTS. THE FOLLOWING PLANT MATERIAL AS SELECTED IS COMPLIANT WITH CITY OF SANTA ANA WATER CONSERVATION MEASURES WITH CONSIDERATION FOR NON-INVASIVE SPECIES. TREES: Botanical Name Common Name Size: First Street: Platanus a. 'Bloodgood'Plane Tree (to match existing) 36" box Location to be coordinated with City of Santa Ana Public Works Street Tree Supervisor Tree to be planted in 6' x 4' tree wells. Elk Lane: Ceiba speciosa Floss Silk Tree 24" box Eucalyptus citriodora Lemon-Scented Gum 24" box Eucalyptus ficifolia Red-Flowering Gum 24" box Jacaranda mimosifolia Jacaranda 36" box Magnolia g. 'St. Mary"Southern Magnolia 36" box Quercus virginiana Southern Live Oak 36" box Tipuanu tipu Tipu Tree 36" box Tristania conferta Brisbane Box 36" box Lyon Street: Tristania conferta Brisbane Box 24" box Location to be coordinated with City of Santa Ana Public Works Street Tree Supervisor Tree to be planted in 6' x 4' tree wells. Central Courtyard Trees: Aloe barberae Tree Aloe 24" box Arbutus x 'Marina'Hybrid Strawberry Tree 36" box Archontophoenix cunninghamiana King Palm 48" box Bambusa oldhamii Timber Bamboo 24" box Brahea armata Mexican Blue Palm 36" box Draceana draco Dragon Tree 24" box Erythrina crista-galli Cockspur Coral Tree 48" box Jacaranda mimosifolia Jacaranda 36" box Olea europeae 'Wilsonii''Fruitless Olive 48" box Platanus mexicana Mexican Sycamore 36" box Plumeria obtusa 'Singapore White'Singapore Plumeria 36" box Prunus caroliniana 'Bright & Tight'Compact Carolina Cherry 24" box Quercus agrifolia Coast Live Oak 48" box Spathodea campanulata African Tulip Tree 48" box Tabebuia ipe Pink Trumpet Tree 36" box Tipuanu tipu Tipu Tree 36" box Trachycarpus fortunei Windmill Palm 6'-10' b.t.h. Washingtonia robusta Mexican Fan Palm - Hts. vary 12'-24' b.t.h. Pool Courtyard Trees/Palms (in raised planters over-structure): Arbutus x 'Marina'Hybrid Strawberry Tree 36" box Archontophoenix cunninghamiana King Palm 48" box Bambusa oldhamii Timber Bamboo 24" box Dactylifera 'Medjool"Medjool Date Palm - matching hts. 18' b.t.h. Draceana draco Dragon Tree 24" box Ficus m. 'Green Gem'Green Gem Laurel (Column) 36" box Howea forsteriana Kentia Palm 36" box Laurus noblis 'Saratoga'Sweet Bay (Column) 36" box Magnolia 'Little Gem'Southern Magnolia 36" box Olea europeae 'Wilsonii''Fruitless Olive 48" box Prunus caroliniana 'Bright & Tight'Compact Carolina Cherry 24" box Strelitzia nicolai Giant Bird of Paradise 24" box Tabebuia ipe Pink Trumpet Tree 48" box Trachycarpus fortunei Windmill Palm 6'-10' b.t.h. Entertainment Terraces (in raised planters over-structure): Aloe barberae Tree Aloe 24" box Arbutus x 'Marina'Hybrid Strawberry Tree 36" box Archontophoenix cunninghamiana King Palm 48" box Bambusa oldhamii Timber Bamboo 24" box Brahea armata Mexican Blue Palm 36" box Citrus species Thornless Citrus-in Pots 24" box Draceana draco Dragon Tree 24" box Ficus m. 'Green Gem'Green Gem Laurel-Column 36" box Erythrina crista-galli Cockspur Coral Tree 48" box Howea forsteriana Kentia Palm 36" box Magnolia 'Little Gem'Southern Magnolia 36" box Olea europeae 'Swan Hill'Fruitless Olive 48" box Plumeria obtusa 'Singapore White'White Plumeria 36" box Prunus caroliniana 'Bright& Tight'Compact Carolina Cherry 24" box Spathodea campanulata African Tulip Tree 48" box Strelitzia nicolai Giant Bird of Paradise 36" box Tabebuia ipe Pink Trumpet Tree 48" box Trachycarpus fortunei Windmill Palm 6'-10' b.t.h. SHRUBS and ACCENT PLANTS: Botanical Name Common Name Large shrubs (minimum 15 gallon size at 3' o.c.) Arbutus unedo Strawberry Tree Furcraea 'Mediopicta'Mauritius Hemp Hibiscus rosa-sinensis Tropical Hibiscus Philodendron monstera Philodendron Phormium hybrids Hybrid Flax Raphiolepis 'Majestic Beauty'Yedda Hawthorne-Modular Wetland Strelitzia nicolai Giant Bird of Paradise Tecoma stans Yellow Bells Medium Shrubs (minimum 5 gallon size) Asparagus meyerii Meyer's Asparagus Bougainvillea species Bouganivillea Callistemon 'Little John'Dwarf Bottlebrushco Dietes vegeta 'Orange Drop'Fortnight Lily Olea 'Little Ollie'Little Ollie Olive Pittosporum species Mock Orange Philodendron xanadu Dwarf Philodendron Raphiolepis 'Enchantress White' Yedda Hawthorn Strelitzia reginae Bird of Paradise Westringia f. 'Smokey'Dwarf Coast Rosemary Low Shrubs and Groundcovers (minimum 5 gallon size) Buxus 'Green Beauty'Boxwood Carissa m. 'Boxwood Beauty'Natal Plum Carex species Sedge Hemerocallis hybrids Evergreen Daylilies Liriope gigantea Giant Liriope Rosmarinus o. prostratus Dwarf Rosemary Accent/Color Shrubs (minimum 5 gallon size) Aeonium x floribundum Aeonium Hybrid Aloe species Agave Bromeliad species Bromeliad Canna species Canna Colocasia species Elephant Ears Cycas revoluta Sago Dypsis lutescens Areca Palm Rose 'Carpet Red'Carpet Rose Screen Shrubs for Above-Ground Utilites (minimum 15 gallon size) Ligustrum j. texanum Wax Leaf Privet - Column Podocarpus maki Shrubby Yew Pine Prunus c. 'Bright & Tight' Compact Carolina Cherry 1. MAINTAIN SHRUBS AT 24" HIGH INSIDE OF STREET AND DRIVEWAY LINE OF SIGHT. 2. ROOT BARRIERS ARE REQUIRED FOR ALL TREES WITHIN 5' OF ANY HARDSCAPE SURFACE. GENERAL PLANTING NOTES: ALL ABOVE-GROUND UTILITIES INCLUDING BACKFLOW DEVICES AND TRANSFORMERS WILL BE SCREENED WITH A DENSE PLANTING HEDGE TO MITIGATE VIEWS OF THE UTILITIES FROM THE PUBLIC REALM AS REQUIRED BY THE CITY OF SANTA ANA ORDINANCE. UTILITY SCREENING NOTES: TREES FOUND WITHIN THE FIRE LANE SHALL BE MAINTAINED AT THE MINIMUM CLEARANCE OF 13'-6" FOR FIRE DEPARTMENT ACCESS. FIRE ACCESS NOTES: WUCOLS, WATER USE CLASSIFICATION OF LANDSCAPE SPECIES, IS A UNIVERSITY OF CALIFORNIA COOPERATIVE EXTENSION PUBLICATION AND IS A GUIDE TO THE WATER NEEDS OF LANDSCAPE PLANTS. THIS PRELIMINARY PLANT PALETTE IS INTENDED TO REPRESENT A TYPICAL SAMPLE OF THE PROPOSED PLANTS BUT DOES NOT INDICATE THE EXACT SPECIES WHICH WILL BE DEVELOPED ON THE DETAILED PLANS. 1.SITE PREVIOUSLY GRADED. NO EXISTING TREES. WATER EFFICIENT LANDSCAPING: THE FOLLOWING MEASURES WILL BE INCORPORATED INTO THE PROJECT TO CONSERVE WATER: 1.THE IRRIGATION SYSTEM SHALL MEET THE REQUIREMENTS OF THE CITY OF SANTA ANA GUIDELINES FOR WATER EFFICIENT LANDSCAPES. 2.THE ESTIMATED APPLIED WATER USE ALLOWED FOR THE LANDSCAPE AREA SHALL NOT EXCEED THE MAWA CALCULATION. 1.LANDSCAPE TO BE DESIGNED TO CONFORM WITH THE CITY OF SANTA ANA COMMERCIAL AREA LANDSCAPE STANDARDS SEC 41-372(d). 2.PLANT MATERIALS WILL BE MAINTAINED AND DEAD MATERIAL REPLACED AS SPECIFIED IN THE CITY OF SANTA ANA CODE SECTION 41-609. GENERAL PLANTING NOTES: 1.MAINTAIN SHRUBS AT 24" HIGH INSIDE OF VEHICULAR LINE OF SIGHT. 2.SECURITY PLANTING MATERIALS WILL BE UTILIZED ALONG WALL AND PROPERTY LINES AND UNDER VULNERABLE WINDOWS. 3.ROOT BARRIERS ARE REQUIRED FOR ALL TREES WITHIN 5' OF ANY HARDSCAPE SURFACE. POLICE DEPARTMENT SECURITY NOTES: ADEQUATE LIGHTING OF PARKING STRUCTURE, CIRCULATION AREAS, AISLES, PASSAGEWAYS, RECESSES, and GROUNDS CONTIGUOUS TO BUILDINGS SHALL BE PROVIDED with LIGHTING of SUFFICIENT WATTAGE TO PROVIDE ADEQUATE ILLUMINATION TO MAKE CLEARLY VISIBLE THE PRESENCE OF ANY PERSON ON or ABOUT THE PREMISES DURING HOURS OF DARKNESS and PROVIDE A SAFE, SECURE ENVIRONMENT FOR ALL PERSONS, PROPERTY, and VEHICLES ON-SITE. LANDSCAPE STANDARDS: WUCOLS NOTE: PLANT PALETTE NOTES: TREE SURVEY NOTE: LANDSCAPE NOTES: 1.ALL LANDSCAPING MUST MEET THE STANDARDS SET BY THE STATE OF CALIFORNIA EMERGENCY DROUGHT PLAN. 2.ALL SYNTHETIC TURF MUST MEET THE CITY OF SANTA ANA'S STANDARDS FOR SYNTHETIC TURF. 3.ALL STREET STREETS SHALL BE 24-INCH BOX AT 35 FEET O.C. ON THEORETICAL STREET, INCLUDING DEEP ROOT IRRIGATION SYSTEMS, PER CITY STANDARDS. 4.INSTALL 24-INCH BOX STREET TREES PER THE CITY STANDARDS AND APPROVED PLAN, AS NEEDED. 5.THE DEVELOPER SHALL MAINTAIN SIDEWALK AND TREES IN THE PUBLIC RIGHT-OF-WAY. 6.LANDSCAPING ON ELK LANE AND LYON STREET SHALL BE DROUGHT TOLERANT LANDSCAPE PER THE CITY OF SANTA ANA PARKWAY GUIDELINE FOR DROUGHT TOLERANT PLANTS IN THE EXISTING PARKWAY. 7.A NEW DEDICATED IRRIGATION WATER SERVICE WILL BE PROVIDED PER PUBLIC WORKS REQUIREMENTS. THESE FACILITIES WILL BE INSTALLED IN CONFORMANCE WITH CITY STANDARDS AND APPROVED PLANS. INSTALLATION WILL BE DONE BY THE DEVELOPERS CONTRACTOR (REQUIRING "A" OR A "C-34" CONTRACTING LICENSE) FOLLOWING THE ISSUANCE OF A WATER APPLICATION AND A STREET WORK PERMIT. DEMAND CALCULATIONS PER GALLON PER MINUTE FOR SIZE DETERMINATION ARE REQUIRED FOR BOTH DOMESTIC AND IRRIGATION WATER METERS. CONTACT PHILLIP VAKILI AT (714) 647-5038 FOR ASSISTANCE. GRAFFITI NOTES: 1.ANY GRAFFITI PAINTED OR MARKED UPON THE PREMISES OR ON ANY ADJACENT AREA UNDER THE CONTROL OF THE LICENSEE(S) SHALL BE REMOVED OR PAINTED WITHIN 24 HOURS OF BEING APPLIED. TREES: Perimeter Common Area: Bambusa oldhamii Timber Bamboo 24" box Hymenosporum flavum Sweetshade 24" box Pinus eldarica Afghan Pine 36" box Podocarpus 'Icee Blue'Icee Blue Yellow-Wood 15 gal. Podocarpus maki Shrubby Yew Pine 24" box Tristania conferta Brisbane Box 36" box TCA # 2016-070 REVISED ENTITLEMENT SUBMITTAL #3 JUNE 25, 2018 PRELIMARY PLANT PALETTE / NOTES / FURNITURE IMAGES L-4.0 SANTA ANA, CA WERMERS PROPERTIESW SITE BENCHES HAMMOCK BIKE RACKS HANGING CHAIRS DRINKING FOUNTAIN 1-108 EXHIBIT 101-109 EXHIBIT 111-110 1-111 1-112 1-113 1-114 1-115 1-116 1-117 1-118 EXHIBIT 121-119 1-120 1-121 5’0’10’20’ TCA # 2016-070 REVISED ENTITLEMENT SUBMITTAL #3 JUNE 25, 2018 L-6.080’40’20’ELK LANE STREETSCAPE SANTA ANA, CA WERMERS PROPERTIESWFIRST STREETMATCHLINE - SEE ABOVEMATCHLINE - SEE BELOWELK LANE STREETSCAPE INSPIRATIONAL IMAGERY ELK LANE ELK LANE ZOO ACCESS GATE ZOO ACCESS GATE 11’ SHARED PEDESTRIAN / BIKE PATH SIDEWALK CONCEPT SIDEWALK CONCEPT STREETSCAPE CONCEPT IRREGULAR PLANTING BULBOUTS EXAMPLE CROSS GUTTER TO DELINEATE DRIVE AISLE - BOTH SIDES 11’ SHARED PEDESTRIAN / BIKE PATH STREETSCAPE DESIGN NARRATIVE: STREETSCAPE: THE DESIGN INTENT IS TO CREATE A STREETSCAPE WITH TREE CANOPIES THAT PULLS FROM THE ZOO FLORA TO CREATE A SENSE OF COHESION AND NOT A SEPARATION AS YOUR ARRIVE FROM FIRST STREET. IN AN EFFORT TO MITIGATE CAR SPEED AND PROVIDE A TREE LINED STREETSCAPE, BULBOUTS IN THE CURBS ARE PROVIDED THE FULL LENGTH OF ELK LANE. CROSS GUTTERS ON BOTH SIDES OF THE STREET HAVE BEEN PROVIDED TO DELINEATED THE DRIVE AISLE. PARALLEL PARKING WILL BE PROVIDED BETWEEN TREE BULBOUTS. SIDEWALK: AN ANGULAR WALK DESIGN WHICH WILL ALLOW MEANDERING WHILE ALSO ALLOWING A DIRECT PATH OF TRAVEL, IF DESIRED. THE ANGULAR WALK WILL ALLOW ACCESS TO THE PARKED CARS AND PROVIDE LANDSCAPE AT THE STREETSCAPE EDGE. WALKS WILL BE ACCENTED WITH PAVER BANDS TO ENHANCE THE PEDESTRIAN EXPERIENCE. ELKS STREETSCAPE •angular meandering walk with paver or decorative concrete bands •lush natural tree placement NOT A PART NOT A PART MID BLOCK CROSSINGPARALLEL PARKING ON BOTH SIDES OF THE STREET WITH PLANTING BULBOUTS 20 ‘- (2) LANE DRIVE - 24’ CURB TO CURB (PLANTING BULBOUTS) - 36’ CURB TO CURB (PARALLEL PARKING) PARALLEL PARKING ON BOTH SIDES OF THE STREET WITH PLANTING BULBOUTS 20 ‘- (2) LANE DRIVE - 24’ CURB TO CURB (PLANTING BULBOUTS) - 36’ CURB TO CURB (PARALLEL PARKING) EXHIBIT 13 1-122 STREETSCAPE DESIGN NARRATIVE: STREETSCAPE: THE DESIGN INTENT IS TO CREATE A STREETSCAPE WITH TREE CANOPIES THAT PULLS FROM THE ZOO FLORA TO CREATE A SENSE OF COHESION AND NOT A SEPARATION AS YOUR ARRIVE FROM FIRST STREET. IN AN EFFORT TO MITIGATE CAR SPEED AND PROVIDE A TREE LINED STREETSCAPE, BULBOUTS IN THE CURBS ARE PROVIDED THE FULL LENGTH OF ELK LANE. CROSS GUTTERS ON BOTH SIDES OF THE STREET HAVE BEEN PROVIDED TO DELINEATED THE DRIVE AISLE. PARALLEL PARKING WILL BE PROVIDED BETWEEN TREE BULBOUTS. SIDEWALK: AN ANGULAR WALK DESIGN WHICH WILL ALLOW MEANDERING WHILE ALSO ALLOWING A DIRECT PATH OF TRAVEL, IF DESIRED. THE ANGULAR WALK WILL ALLOW ACCESS TO THE PARKED CARS AND PROVIDE LANDSCAPE AT THE STREETSCAPE EDGE. WALKS WILL BE ACCENTED WITH PAVER BANDS TO ENHANCE THE PEDESTRIAN EXPERIENCE. 5’0’10’20’ TCA # 2016-070 REVISED ENTITLEMENT SUBMITTAL #3 JUNE 25, 2018 L-6.0A80’40’20’ELK LANE STREETSCAPE with EXISTING OVERLAYSANTA ANA, CA WERMERS PROPERTIESWFIRST STREETMATCHLINE - SEE ABOVEELK LANE STREETSCAPE CROSS GUTTER TO DELINEATE DRIVE AISLE - BOTH SIDES EXISTING CURB 11’ SHARED PEDESTRIAN / BIKE PATH 11’ SHARED PEDESTRIAN / BIKE PATH MATCHLINE - SEE BELOWELKS STREETSCAPE • angular meandering walk with paver or decorative concrete bands • lush natural tree placement ELK LANE ELK LANE INSPIRATIONAL IMAGERY SIDEWALK CONCEPT SIDEWALK CONCEPT STREETSCAPE CONCEPT IRREGULAR PLANTING BULBOUTS EXAMPLE ZOO ACCESS GATE ZOO ACCESS GATE NOT A PART NOT A PART MID BLOCK CROSSINGPARALLEL PARKING ON BOTH SIDES OF THE STREET WITH PLANTING BULBOUTS 20 ‘- (2) LANE DRIVE - 24’ CURB TO CURB (PLANTING BULBOUTS) - 36’ CURB TO CURB (PARALLEL PARKING) PARALLEL PARKING ON BOTH SIDES OF THE STREET WITH PLANTING BULBOUTS 20 ‘- (2) LANE DRIVE - 24’ CURB TO CURB (PLANTING BULBOUTS) - 36’ CURB TO CURB (PARALLEL PARKING) EXISTING CURB EXISTING CURB 1-123 0’ TCA # 2016-070 REVISED ENTITLEMENT SUBMITTAL #3 JUNE 25, 2018 10’20’40’L-6.10’ELK LANE STREETSCAPE ENLARGEMENT SANTA ANA, CA WERMERS PROPERTIESW ELK LANE FIRST STREETPOST LOFT UNITS LOBBY ENTRY PLAZA • art • enhanced paving • raised metal planter • accent trees PRENTICE PARK GATEWAY MONUMENTS ELKS STREETSCAPE • angular meandering walk with paver or decorative concrete bands • lush natural tree placement PRIVATE PATIOS AT LOFT UNITS (TYPICAL) • raised decks with irregular edges • patio trees • cable rail fence • direct access EXISTING ZOO SIGNAGE PRENTICE PARK GATEWAY MONUMENTS 11’ SHARED PEDESTRIAN / BIKE PATH EXISTING FENCE NOT A PART PARALLEL PARKING ON BOTH SIDES OF THE STREET WITH PLANTING BULBOUTS 20 ‘- (2) LANE DRIVE - 24’ CURB TO CURB (PLANTING BULBOUTS) - 36’ CURB TO CURB (PARALLEL PARKING) 1-124 5’0’10’20’ TCA # 2016-070 REVISED ENTITLEMENT SUBMITTAL #3 JUNE 25, 2018 L-6.2STREETSCAPE CUTSHEETS SANTA ANA, CA WERMERS PROPERTIESW SIDEWALK BANDS OPTION 1: PAVERS ACKERSTONE -4 X 24 - GRAPHITE - RUNNING BOND OPTION 2: CONCRETE DARK GRAY WITH MEDIUM RELEASE SIDEWALK CONCRETE NATURAL GREY WITH MEDIUM RELEASE FINISH STREET TREE CEIBA SPECIOSA BACKGROUND TREE JACARANDA MIMOSIFOLIA STREET TREE EUCALYPTUS CITRIODORA BACKGROUND TREE EUCALYPTUS FICIFOLIA BACKGROUND TREE MAGNOLIA G. ‘ST MARY’ BACKGROUND TREE QUERCUS VIRGINIANA BACKGROUND TREE TIPUANU TIPU BACKGROUND TREE TRISTANIA CONFERTA STREET LIGHTING / TREE SETBACKS: IN ORDER TO CREATE A LUSH STREETSCAPE, THE FOLLOWING UPRIGHT TREES TO BE PLACED 10’- 20’ FROM STREETS LIGHTS (DEVIATION FROM CITY STD 1124B): CEIBA SPECIOSA EUCALYPTUS CITRIODORA THE REMAINING TREES LISTED TO BE LOCATED PER CITY STD. 1124B POLE LIGHTS OPTION 1: VEHICULAR (HIGH) AND PEDESTRIAN (LOW) LANDSCAPE FORMS RAMA or APPROVED EQUAL - COLOR: STROMCLOUD OPTION 2: DOUBLE KING POLE LIGHT CITY OF SANTA ANA STANDARD 1-125 1-126 1-127 EXHIBIT 14 The Metro East Mixed Use (MEMU) Overlay Zone Subsequent Environmental Impact Report (SEIR) and technical appendices may be accessed at: Santa Ana City Hall Planning Counter, First Floor 20 Civic Center Plaza Santa Ana, CA 92701 or Santa Ana Main Library 26 Civic Center Plaza Santa Ana, CA 92701 or http://santa-ana.org/pba/planning/MetroEastMixed-UseOverlayZoneExpansion.asp 1-128 2-1 2-2 2-3 2-4 2-5 This page left blank intentionally. Resolution No. 2018-xx Page 1 of 5 LS 10.8.18 RESOLUTION NO. 2018-xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING GENERAL PLAN AMENDMENT NO. 2018-04 FOR THE PROPOSED ANNEXATION OF A COUNTY ISLAND GENERALLY LOCATED AT THE NORTHEAST CORNER OF SEVENTEENTH STREET AND TUSTIN AVENUE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The City of Santa Ana (City) is requesting approval of General Plan Amendment No. 2018-04 to incorporate into the City’s various General Plan elements a 24.78-acre unincorporated area of land that is currently located within the County of Orange. B. Over the past several months, the County has been working with the developer of a proposed project at the northeast corner of Seventeenth Street and Tustin Avenue. This development has been unable to move forward due to the inability to connect to the City’s sewer system as they are currently located outside the City boundaries. C. On June 5, 2018, the City Council of the City of Santa Ana held a duly noticed public hearing to consider the annexation of the 24.78-acre County island generally located at the northeast corner of Seventeenth Street and Tustin Avenue. At this hearing, the Council directed staff to initiate the process to annex the County island and continue discussions with the County and the Orange County Local Agency Formation Commission (LAFCO) regarding the annexation. D. On September 14, 2018, the City, County of Orange, and the Orange County Local Agency Formation Commission held a duly noticed community workshop regarding the proposed annexation to obtain community input. E. On October 22, 2018, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council adopt a resolution EXHIBIT 1 2-6 Resolution No. 2018-xx Page 2 of 5 approving General Plan Amendment No. 2018-04. F. On November 20, 2018, the City Council of the City of Santa Ana held a duly noticed public hearing to consider all testimony, written and oral, related to General Plan Amendment No. 2018-04 for the Seventeenth and Tustin annexation project, at which time all persons wishing to testify were heard, the project was fully considered, and all other legal prerequisites to the adoption of this Resolution occurred. G. Pursuant to the California Environmental Quality Act (Pub. Res. Code sec. 21000 et seq.; “CEQA”), and the State CEQA Guidelines, the City has determined that a Categorical Exemption will be filed for the proposed project. H. General Plan Amendment No. 2018-04 has been filed to amend the General Plan to change the land use designation of certain parcels located in the Seventeenth and Tustin County island boundaries. The proposed land use designations will be consistent with the current land uses and proposed pre- zoning designations of the annexation project area. The amendments will pre-designate properties located in the annexation area as Low-Density Residential (LR-7), Medium-Density Residential (MR-15), or General Commercial (GC) as shown on Exhibit A, attached hereto and incorporated herein by reference. I. The City Council has weighed and balanced the General Plan’s policies, both old and new, and has determined that based upon this balancing that General Plan Amendment No. 2018-04 is consistent with the purpose of the General Plan. Section 2. CEQA Compliance. In accordance with the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, a categorical exemption will be filed for this project pursuant to section 15319. This Class 19 exemption applies to projects involving annexation of existing facilities and lots for exempt facilities. The proposed annexation area is developed to the density allowed by the current zoning or pre-zoning, with the extension of utility services having the capacity to serve only the existing facilities. The City Council has, as a result of its consideration and the evidence presented at the hearings on this matter, determined that, as required pursuant to CEQA, a categorical exemption adequately addresses the expected environmental impacts of this project. On the basis of this review, the City Council finds that there is no evidence from which it can be fairly argued that the project will have a significant adverse effect on the environment therefore, it is categorically exempt from the requirement for the preparation of environmental documents. As a result, Environmental Review No. 2018-89 will be filed for this project. 2-7 Resolution No. 2018-xx Page 3 of 5 Section 3. Approvals. The City Council of the City of Santa Ana after conducting the public hearing hereby approves General Plan Amendment No. 2018-04. The amendments to the Land Use Element are attached hereto as Exhibit B and incorporated herein by this reference as though fully set forth herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Council Action dated November 20, 2018 and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. Section 4. This Resolution shall not be effective unless and until Ordinance No. NS- (AA No. 2018-07) become effective. If said ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise does not go into effect for any reason, then this resolution shall be null and void and have no further force and effect. Section 5. This Resolution shall not be effective unless and until the Orange County Local Agency Formation Commission (LAFCO) passes a resolution adopting the annexation of the County island. If the resolution is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise does not go into effect for any reason, then this Resolution shall be null and void and have no further force and effect. ADOPTED this ___ day of ____________, 2018. _______________________ Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:________________________ Lisa Storck Assistant City Attorney 2-8 Resolution No. 2018-xx Page 4 of 5 AYES: Councilmembers _______________________________________ NOES: Councilmembers _______________________________________ ABSTAIN: Councilmembers _______________________________________ NOT PRESENT: Councilmembers _______________________________________ CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2018-xx to be the original resolution adopted by the City Council of the City of Santa Ana on _______________, 2018. Date: ________________ ____________________________________ Clerk of the Council City of Santa Ana 2-9 Resolution No. 2018-xx Page 5 of 5 Exhibit A: General Plan Amendments 2-10 Ordinance No. NS-XXXX Page 1 of 4 LS 10.8.18 ORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2018-07 PRE-ZONING THE PROPERTIES LOCATED WITHIN AN UNINCORPORATED COUNTY ISLAND PROPOSED FOR ANNEXATION GENERALLY LOCATED AT THE NORTHEAST CORNER OF SEVENTEENTH STREET AND TUSTIN AVENUE THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The City of Santa Ana (City) is requesting approval of Amendment Application No. 2018-07 to amend the zoning designation of a 24.78-acre unincorporated area of land that is currently located within the County of Orange. B. General Plan Amendment No. 2018-04 was filed concurrently with the Amendment Application for consistency with the General Plan to incorporate into the City’s various General Plan elements. C. On October 22, 2018, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council adopt an ordinance approving Amendment Application No. 2018-07 which is consistent with the General Plan, as amended by General Plan Amendment No. 2018-04. D. The City Council has reviewed applicable general plan policies and has determined that this proposed pre-zoning is consistent with the purpose of the general plan. F. The City Council, prior to taking action on this ordinance, held a duly noticed public hearing on November 20, 2018. G. The City Council also adopts as findings all facts presented in the Request for Council Action dated November 20, 2018 accompanying this matter. H. For these reasons, and each of them, Amendment Application No. 2018- 07 is hereby found and determined to be consistent with the intent and purpose of Chapter 41 of the Santa Ana Municipal Code, thus changing of the zoning districts has been found to be consistent with the General Plan EXHIBIT 2 2-11 Ordinance No. NS-XXXX Page 2 of 4 of the City of Santa Ana and otherwise justified by the public necessity, convenience, and general welfare. Section 2. The Planning Commission of the City of Santa Ana recommends that the City Council adopt an ordinance pre-zoning the real properties generally located at the northeast corner of Seventeenth Street and Tustin Avenue and Amended Sectional District Map number 4-5-9 showing the above described change in use district designation (AA No. 2018-07). This recommendation is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: The Request for Planning Commission and Council Action dated October 8, 2018 and November 20, 2018, respectively and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Section 3. In accordance with the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, a categorical exemption will be filed for this project pursuant to section 15319. This Class 19 exemption applies to projects involving annexation of existing facilities and lots for exempt facilities. The proposed annexation area is developed to the density allowed by the current zoning or pre- zoning, with the extension of utility services having the capacity to serve only the existing facilities. The City Council has, as a result of its consideration and the evidence presented at the hearings on this matter, determined that, as required pursuant to CEQA, a categorical exemption adequately addresses the expected environmental impacts of this project. On the basis of this review, the City Council finds that there is no evidence from which it can be fairly argued that the project will have a significant adverse effect on the environment therefore, it is categorically exempt from the requirement for the preparation of environmental documents. As a result, Environmental Review No. 2018-89 will be filed for this project Section 4. The zoning designation of the real properties generally located within the 24.78-acre County island at the northeast corner of Seventeenth Street and Tustin Avenue shall be reclassified from the County’s Local Business (C-1) and Single- Family Dwellings (R-1) designations to Community Commercial (C1), Single- Family Residence (R-1) and Two-Family Residence (R-2). An amended Sectional District Map, showing the above described changes in use district designation, is hereby approved and attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein. Section 5. This ordinance shall not be effective unless and until Resolution No. 2018-____ (Environmental Review No. 2018-89 and General Plan Amendment No. 2018-04) is adopted and becomes effective. If either resolution and/or ordinance are for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise does not go into effect for any reason, then this ordinance shall be null and void and have no further force and effect. Section 6. This ordinance shall not be effective unless and until the Orange County Local Agency Formation Commission (LAFCO) passes a resolution adopting the 2-12 Ordinance No. NS-XXXX Page 3 of 4 annexation of the County island. If the resolution is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise does not go into effect for any reason, then this ordinance shall be null and void and have no further force and effect. Section 7. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. ADOPTED this ____ day of _____________, 2018. _______________________ Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By:________________________ Lisa Storck Assistant City Attorney AYES: Councilmembers ___________________________________ NOES: Councilmembers ___________________________________ ABSTAIN: Councilmembers ___________________________________ NOT PRESENT: Councilmembers ___________________________________ 2-13 Ordinance No. NS-XXXX Page 4 of 4 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-_____ to be the original ordinance adopted by the City Council of the City of Santa Ana on __________, 2018 and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: ________________ ____________________________________ Clerk of the Council City of Santa Ana 2-14 2-15 2-16 2-17 2-18 2-19 2-20 2-21 2-22 2-23 2-24 2-25 2-26 2-27 2-28 2-29 3-1 3-2 3-3 3-4 3-5 3-6 3-7 3-8 9/24/2018 . http://apps.spatialstream.com/production/dashboard/8/9/0/CurrentBuild/html/Reporting.html 1/1 CUP NO. 2018-19, CUP NO. 2018-20 & VAR NO. 2018-11 Starbucks Development2301 North Tustin Avenue Exhibit 1 - Vicinity Zoning and Aerial View © 2018 Digital Map Products. All rights reserved. 2017 Aerial Zoning Labels: Zoning Markup 250 feet 3-9 This page left blank intentionally. Resolution No. 2018-xx Page 1 of 8 LS 10.22.18 RESOLUTION NO. 2018-xx BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Ralph Deppisch, representing The Liese L. Rego Family Trust (“Applicant”), is requesting approval of Conditional Use Permit No. 2018-19 to allow drive- through window service for a restaurant in the Arterial Commercial (C5) zoning district at 2301 North Tustin Avenue. B. Santa Ana Municipal Code (SAMC) Section 41-424.5(e) requires approval of a conditional use permit for eating establishments with drive-through window service. C. Pursuant to SAMC Section 41-638, the Planning Commission is authorized to review and approve the conditional use permit for this project as set forth by the Santa Ana Municipal Code. D. On October 8, 2018, the Planning Commission held a duly noticed public hearing for Conditional Use Permit No. 2018-19. At the conclusion of the public hearing, the Commission continued the item to the October 22, 2018 Planning Commission meeting and asked staff and the Applicant to review potential traffic safety measures. E. The Planning Commission of the City of Santa Ana has considered the information and determines that the following findings, which must be established in order to grant Conditional Use Permit No. 2018-19, for drive-through window service, have been established as required by SAMC Section 41-638: 1. That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. The proposed eating establishment with drive-through window service will provide a service to persons that are working or A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2018-19 AS CONDITIONED TO ALLOW A DRIVE-THROUGH FOR THE PROPERTY LOCATED AT 2301 NORTH TUSTIN AVENUE EXHIBIT 2 3-10 Resolution No. 2018-xx Page 2 of 8 residing in the area. The project will redevelop a vacant lot with a new building with a contemporary design with cement plaster finishes, metal canopies, stained cedar siding, green screens, an outdoor patio and enhanced landscaping which will contribute to the aesthetics of the area. This will benefit the community by allowing the construction of a retail building on a vacant lot. 2. That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The proposed drive-through will not be detrimental to the health, safety or welfare of those residing or working in the vicinity. The closest residential land use is approximately 185 feet to the east of the site. The drive-through lane meets the City’s stacking requirements and provides for queuing of approximately 8 vehicles. In addition, the drive-through lane was placed at the rear of the site to reduce the chance for overflow vehicular queuing onto any public streets. The menu board and speaker are at the rear and will be oriented towards the north to reduce any noise impacts to the nearby residential uses to the east. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The drive-through will not adversely affect the economic stability or future economic development of properties in the surrounding area. The site is currently vacant and the new building will establish a commercial use of the property. An eating establishment with drive-through service will provide an additional service and eating opportunities for the area and will provide a commercial business that generates sales tax revenue for the City. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The proposed use complies with the regulations and conditions in Chapter 41 including building heights, yards, parking and landscaping. A condition of approval has been added to the conditional use permit for a property maintenance agreement to be recorded against the property which will ensure that the property and all improvements are properly maintained. 3-11 Resolution No. 2018-xx Page 3 of 8 5. That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. The proposed eating establishment with drive-through service will not adversely affect the General Plan. The project is located in a General Commercial (GC) General Plan land use designation which allows for commercial uses such as retail, service and eating establishment uses. The project is consistent with several goals and policies of the General Plan, including the Economic Development Element, Land Use Element, and Urban Design Element. Land Use Element Goal 1 promotes a balance of land uses to address basic community needs. Policy 1.10, encourages the location of commercial centers at arterial roadway intersections in commercial districts. The project will provide for a new commercial building on two arterial streets. Land Use Element Goal 2 promotes land uses that enhance the City’s economic and fiscal viability. Policy 2.8, promotes rehabilitation of commercial properties, and encourages increased levels of capital investment. The drive-through will contribute to the viability of the commercial center in which it is located and the existing building will be rehabilitated to match the design of the new building. Policy 2.9, supports developments that create a business environment that is safe and attractive. The Condition of Approval for property maintenance will maintain a safe and attractive environment in the community. Economic Development Element Goal 2 maintains and enhances the diversity of the City’s economic base. Policy 2.3 encourages the development of mutually beneficial and supportive business clusters within the community. Urban Design Element Goal 1 improves the physical appearance of the City through development of districts that project a sense of place, positive community image and quality environment. Specifically, Policy 1.5 enhances architectural forms, textures, colors, and materials for all projects. Section 2. In accordance with the California Environmental Quality Act, the project is exempt from further review per Section 15303 of the Guidelines for the California Environmental Quality Act. The Class 3 exemption applies to the construction of small structures, which in an urbanized area is defined as a building not exceeding 10,000 square feet in floor area, on sites zoned for such use, not using significant amounts of hazardous substances, where public services are available and the surrounding area is not environmentally sensitive. The proposed building is 3,567 square feet in floor area within the Arterial Commercial zone which allows for service, retail and commercial uses. The proposed 3-12 Resolution No. 2018-xx Page 4 of 8 tenants are not anticipated to use significant amounts of hazardous substances. There are public services available through the City of Santa Ana and the Orange County Fire Authority and the surrounding area is not environmentally sensitive. As a result, Categorical Exemption, Environmental Review No. 2017-136 will be filed for this project. Section 3. The Applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the project, including, without limitation, any environmental review or approval, except to the extent caused by the sole negligence of the City of Santa Ana. Section 4. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2018-19, as conditioned in Exhibit A, attached hereto and incorporated herein for the project located at 2301 North Tustin Avenue. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Request for Planning Commission Action dated October 8, 2018 and October 22, 2018, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 22nd day of October, 2018. AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: _______________________ Mark McLoughlin Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:________________________ Lisa Storck Assistant City Attorney 3-13 Resolution No. 2018-xx Page 5 of 8 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2018-xx to be the original resolution adopted by the Planning Commission of the City of Santa Ana on October 22, 2018. Date: ________________ ____________________________________ Recording Secretary City of Santa Ana 3-14 Resolution No. 2018-xx Page 6 of 8 EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2018-19 Conditional Use Permit No. 2018-19 for drive-through window service is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. In addition, they shall meet the following conditions of approval: The Applicant must comply with each and every condition listed below prior to exercising the rights conferred by this conditional use permit. I. The Applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. 1. All proposed site improvements must conform to the Site Plan Review (DP No. 2017- 37) and the staff report exhibits. 2. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. Prior to the issuance of a building permit, a lot merger for 2031 North Tustin Avenue and 2151 East Santa Clara Avenue shall be recorded. 4. Prior to the issuance of a certificate of occupancy, the non-conforming pole sign on 2151 East Santa Clara Avenue must be removed. 5. Prior to the issuance of a building permit, a landscape and irrigation plan is to be submitted for review and approval. The landscape plan shall conform to the commercial landscape standards, Citywide Design Guidelines and the City’s Water Efficient Landscape Ordinance. 6. Prior to the issuance of a building permit, a Property Maintenance Agreement must be recorded against the property. The agreement will be subject to review and applicability by the Planning and Building Agency, the Community Development Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained, Developer (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the Applicant) shall execute a Maintenance Agreement with the City of Santa Ana which shall be recorded against the property and which shall be in a form reasonably satisfactory to the City Attorney. The Maintenance Agreement shall contain covenants, conditions and restrictions relating to the following: 3-15 Resolution No. 2018-xx Page 7 of 8 (a) Compliance with operational conditions applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing etc.); (b) Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including but not limited to hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses, (c) Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable; (d) Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable); (e) If Developer and the owner of the property are different (e.g., if the Applicant is a tenant or licensee of the property or any portion thereof), both the Applicant and the owner of the property shall be signatories to the Maintenance Agreement and both shall be jointly and severally liable for compliance with its terms. (f) The Maintenance Agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties, obligations and responsibilities set forth under the Maintenance Agreement. (g) The Maintenance Agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property. The maintenance agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City. 3-16 Resolution No. 2018-xx Page 8 of 8 (h) The execution and recordation of the Maintenance Agreement shall be a condition precedent to the issuance of final approval for any construction permit related to this entitlement. II. The following are requirements that will need to be addressed and/or approved by the Police Department prior to issuance of a building permit: 1. Submitted plans must indicate that all structures and parking lots comply with the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). All applicable sections must be printed verbatim on the submitted set of plans. III. The following are requirements that will need to be addressed and/or approved by the Orange County Fire Authority prior to issuance of a building permit: 1. Prior to the issuance of a building permit, the Applicant shall submit the Architectural Plans (PR208) for Starbucks to the Orange County Fire Authority for review and approval. IV. The following are requirements that will need to be addressed and/or approved by the Public Works Agency prior to issuance of a building permit: 1. The Applicant shall submit plans to install a “pork chop” right-turn only directional curb on-site within the driveway on Tustin Avenue. The driveway and “pork chop” shall be designed to City Standards and approved by the Public Works Agency. The improvements shall be installed prior to issuance of a Certificate of Occupancy. 2. The Applicant shall submit plans showing the installation of a right-turn only sign at the Santa Clara Avenue driveway. The improvements shall be installed prior to issuance of a Certificate of Occupancy. 3. The Applicant shall submit payment of the fair-share contribution in the amount of $30,898.00 for the Santa Clara Avenue and Tustin Avenue traffic signal modification. 3-17 Resolution No. 2018-xx Page 1 of 8 LS 10.22.18 RESOLUTION NO. 2018-xx BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Ralph Deppisch, representing The Liese L. Rego Family Trust (“Applicant”), is requesting approval of Conditional Use Permit No. 2018-20 to allow Starbucks to operate after-hours (24-hours) in the Arterial Commercial (C5) zoning district at 2301 North Tustin Avenue. B. Santa Ana Municipal Code (SAMC) Section 41-424.5(j) requires approval of a conditional use permit for eating establishments open at any time between the hours of 12:00 a.m. and 5:00 a.m. and located within one hundred fifty (150) feet of residentially zoned or used property. C. Pursuant to SAMC Section 41-638, the Planning Commission is authorized to review and approve the conditional use permit for this project to as set forth by the Santa Ana Municipal Code. D. On October 8, 2018, the Planning Commission held a duly noticed public hearing for Conditional Use Permit No. 2018-20. At the conclusion of the public hearing, the Commission continued the item to the October 22, 2018 Planning Commission meeting and asked staff and the Applicant to review potential traffic safety measures. E. The Planning Commission of the City of Santa Ana has considered the information and determines that following findings, which must be established in order to grant Conditional Use Permit No. 2018-20, to operate between the hours of 12:00 a.m. and 5:00 a.m. within one hundred fifty (150) feet of residentially zoned and used property, have been established as required by SAMC Section 41-638: 1. That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2018-20 AS CONDITIONED TO ALLOW AFTER-HOURS (24-HOUR) OPERATION FOR AN EATING ESTABLISHMENT LOCATED AT 2301 NORTH TUSTIN AVENUE EXHIBIT 3 3-18 Resolution No. 2018-xx Page 2 of 8 The proposed eating establishment with 24-hour operations will provide a service to persons that are working or residing in the area. The site will be redevelop a vacant lot with a new building with a contemporary design with cement plaster finishes, metal canopies, stained cedar siding, green screens, an outdoor patio and enhanced landscaping which will contribute to the aesthetics of the area. 2. That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The proposed operations will not be detrimental to the health, safety or welfare of those residing or working in the vicinity. The closest residential building is approximately 185 feet to the east of the proposed building. In addition, the existing commercial building at 2151 East Santa Clara Avenue creates an additional buffer between the new building with after-hours operations and the residential units. Any light, noise or traffic from the business during after-hours operations will be minimal. In addition, the Police Department has determined that there are no crime related issues and does not object to granting the conditional use permit. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The after-hours operations will not adversely affect the economic stability or future economic development of properties in the surrounding area. The site will be redeveloped with a new building and water efficient landscaping. An eating establishment with after-hours operations will provide additional service and eating opportunities for the area and will provide a commercial business that will generate sales tax revenue for the City. The new businesses will provide job opportunities and allow the business to compete with other after-hours businesses within close proximity. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The proposed use complies with the regulations and conditions in Chapter 41 including building heights, yards, parking and landscaping. A condition of approval has been added to the conditional use permit for a property 3-19 Resolution No. 2018-xx Page 3 of 8 maintenance agreement to be recorded against the property which will ensure that the property and all improvements are properly maintained. 5. That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. The proposed eating establishment with after-hours operations will not adversely affect the General Plan. The project is located in a General Commercial (GC) General Plan land use designation which allows for commercial uses such as retail, service and eating establishment uses. The project is consistent with several goals and policies of the General Plan, including the Economic Development Element, Land Use Element, and Urban Design Element. Land Use Element Goal 1 promotes a balance of land uses to address basic community needs. Policy 1.10, encourages the location of commercial centers at arterial roadway intersections in commercial districts. The project will provide for a new commercial building on two arterial streets. Land Use Element Goal 2 promotes land uses that enhance the City’s economic and fiscal viability. Policy 2.8, promotes rehabilitation of commercial properties, and encourages increased levels of capital investment. The after-hours operations will contribute to the viability of the business and the existing building will be rehabilitated to match the design of the new building. Policy 2.9, supports developments that create a business environment that is safe and attractive. The Condition of Approval for property maintenance will maintain a safe and attractive environment in the community. Economic Development Element Goal 2 maintains and enhances the diversity of the City’s economic base. Policy 2.3 encourages the development of mutually beneficial and supportive business clusters within the community. Urban Design Element Goal 1 improves the physical appearance of the City through development of districts that project a sense of place, positive community image and quality environment. Specifically, Policy 1.5 enhances architectural forms, textures, colors, and materials for all projects. Section 2. In accordance with the California Environmental Quality Act, the project is exempt from further review per Section 15303 of the Guidelines for the California Environmental Quality Act. The Class 3 exemption applies to the construction of small structures, which in an urbanized area is defined as a building not exceeding 10,000 square feet in floor area, on sites zoned for such use, not using significant 3-20 Resolution No. 2018-xx Page 4 of 8 amounts of hazardous substances, where public services are available and the surrounding area is not environmentally sensitive. The proposed building is 3,567 square feet in floor area within the Arterial Commercial zone which allows for service, retail and commercial uses. The proposed tenants are not anticipated to use significant amounts of hazardous substances. There are public services available through the City of Santa Ana and the Orange County Fire Authority and the surrounding area is not environmentally sensitive. As a result, Categorical Exemption, Environmental Review No. 2017-136 will be filed for this project. Section 3. The Applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the project, including, without limitation, any environmental review or approval, except to the extent caused by the sole negligence of the City of Santa Ana. Section 4. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2018-20, as conditioned in Exhibit A, attached hereto and incorporated herein for the project located at 2301 North Tustin Avenue. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Request for Planning Commission Action dated October 8, 2018 and October 22, 2018, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 22nd day of October, 2018. AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: _______________________ Mark McLoughlin Chairperson 3-21 Resolution No. 2018-xx Page 5 of 8 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:________________________ Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2018-xx to be the original resolution adopted by the Planning Commission of the City of Santa Ana on October 22, 2018. Date: ________________ ____________________________________ Recording Secretary City of Santa Ana 3-22 Resolution No. 2018-xx Page 6 of 8 EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2018-20 Conditional Use Permit No. 2018-20 for after-hours operations (24-hours) is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. In addition, they shall meet the following conditions of approval: The Applicant must comply with each and every condition listed below prior to exercising the rights conferred by this conditional use permit. I. The Applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. 1. All proposed site improvements must conform to the Site Plan Review (DP No. 2017- 37) and the staff report exhibits. 2. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. Prior to the issuance of a building permit, a lot merger for 2031 North Tustin Avenue and 2151 East Santa Clara Avenue shall be recorded. 4. Prior to the issuance of a certificate of occupancy, the non-conforming pole sign on 2151 East Santa Clara Avenue must be removed. 5. Prior to the issuance of a building permit, a landscape and irrigation plan is to be submitted for review and approval. The landscape plan shall conform to the commercial landscape standards, Citywide Design Guidelines and the City’s Water Efficient Landscape Ordinance. 6. Prior to the issuance of a building permit, a Property Maintenance Agreement must be recorded against the property. The Agreement will be subject to review and applicability by the Planning and Building Agency, the Community Development Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained, Developer (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the Applicant) shall execute a maintenance agreement with the City of Santa Ana which shall be recorded against the property and which shall be in a form reasonably satisfactory to the City Attorney. The Maintenance Agreement shall contain covenants, conditions and restrictions relating to the following: 3-23 Resolution No. 2018-xx Page 7 of 8 (a) Compliance with operational conditions applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing etc.); (b) Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including but not limited to hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses, (c) Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable; (d) Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable); (e) If Developer and the owner of the property are different (e.g., if the Applicant is a tenant or licensee of the property or any portion thereof), both the Applicant and the owner of the property shall be signatories to the Maintenance Agreement and both shall be jointly and severally liable for compliance with its terms. (f) The Maintenance Agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties and obligations and responsibilities set forth under the Maintenance Agreement. (g) The Maintenance Agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property. The Maintenance Agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City. 3-24 Resolution No. 2018-xx Page 8 of 8 (h) The execution and recordation of the Maintenance Agreement shall be a condition precedent to the issuance of final approval for any construction permit related to this entitlement. II. The following are requirements that will need to be addressed and/or approved by the Police Department prior to issuance of a building permit: 1. Submitted plans must indicate that all structures and parking lots comply with the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). All applicable sections must be printed verbatim on the submitted set of plans. III. The following are requirements that will need to be addressed and/or approved by the Orange County Fire Authority prior to issuance of a building permit: 1. Prior to the issuance of a building permit, the Applicant shall submit the Architectural Plans (PR208) for Starbucks to the Orange County Fire Authority for review and approval. IV. The following are requirements that will need to be addressed and/or approved by the Public Works Agency prior to issuance of a building permit: 1. The Applicant shall submit plans to install a “pork chop” right-turn only directional curb on-site within the driveway on Tustin Avenue. The driveway and “pork chop” shall be designed to City Standards and approved by the Public Works Agency. The improvements shall be installed prior to issuance of a Certificate of Occupancy. 2. The Applicant shall submit plans showing the installation of a right-turn only sign at the Santa Clara Avenue driveway. The improvements shall be installed prior to issuance of a Certificate of Occupancy. 3. The Applicant shall submit payment of the fair-share contribution in the amount of $30,898.00 for the Santa Clara Avenue and Tustin Avenue traffic signal modification. 3-25 Resolution No. 2018-xx Page 1 of 7 RESOLUTION NO. 2018-xx LS 10.22.18 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2018-11 AS CONDITIONED TO ALLOW FOR A DRIVEWAY WITHIN 150-FEET OF AN INTERSECTION AT 2301 NORTH TUSTIN AVENUE BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Ralph Deppisch, representing The Liese L. Rego Family Trust (“Applicant”), is requesting approval of Variance No. 2018-11 as conditioned, to allow for a driveway within 150-feet of an intersection at 2301 North Tustin Avenue. B. Santa Ana Municipal Code (SAMC) Section 41-428 states that no entry way or exit ways shall be located within one hundred fifty (150) feet of any street intersection corner radius. The Applicant is proposing a driveway approximately 110 feet from the street intersection corner radius. C. Pursuant to SAMC Section 41-638, the Planning Commission is authorized to review and approve the variance for this project as set forth by the Santa Ana Municipal Code. D. On October 8, 2018, the Planning Commission held a duly noticed public hearing for Variance No. 2018-11. At the conclusion of the public hearing, the Commission continued the item to the October 22, 2018 Planning Commission meeting and asked staff and the Applicant to review potential traffic safety measures. E. The Planning Commission of the City of Santa Ana has considered the information and determines that the following findings, which must be established in order to grant Variance No. 2018-11, for vehicle access within 150 feet of an intersection as required by SAMC Section 41-638: 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this Chapter. There are special circumstances related to the existing dimensions of the property. The property is located at the northeast corner of Tustin and Santa Clara Avenues and is currently 125 feet by 125 feet. In order to provide direct vehicular access which is needed for any commercial EXHIBIT 4 3-26 Resolution No. 2018-xx Page 2 of 7 business, a variance from the development standards of the Arterial Commercial zoning district is required. In addition, the proposed project will improve the existing conditions, by eliminating three (3) existing driveways to the site and replacing them with curb and sidewalks constructed to City standards and allowing the site to be developed with a less intense commercial use. 2. That the granting of a variance is necessary for the preservation and enjoyment of one (1) or more substantial property rights. Granting this variance is necessary for the preservation and enjoyment of substantial property rights. Vehicular access is required for the viability of any commercial business. In addition, the proposed tenant Starbucks is requesting a driveway along Tustin Avenue to provide direct access for customers traveling north. Tustin Avenue is a north-south arterial street with access to the State Route 22 highway and provides local access to east-west arterials. Providing vehicular access from both Tustin and Santa Clara Avenues will increase opportunities for sales. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. Granting this variance will not be detrimental to the public or surrounding properties. The Public Works Agency reviewed the proposed plans and did not identify concerns regarding the location of the driveway. The design of the driveways, drive aisles and parking areas are safe and practical. Additionally, the property owner to the north did not want vehicles from the subject property on their site, so the driveway will provide customers with direct access to the subject site. 4. That the granting of a variance will not adversely affect the General Plan of the city. The variance for vehicle access will not adversely affect the General Plan. The project is located in a General Commercial (GC) General Plan land use designation which allows for commercial uses such as retail, service and eating establishment uses. The project is consistent with several goals and policies of the General Plan, including the Economic Development Element, Land Use Element, and Urban Design Element. Land Use Element Goal 1 promotes a balance of land uses to address basic community needs. Policy 1.10, encourages the location of commercial centers at arterial roadway intersections in commercial districts. The project will provide for a new commercial building on two arterial streets. 3-27 Resolution No. 2018-xx Page 3 of 7 Land Use Element Goal 2 promotes land uses that enhance the City’s economic and fiscal viability. Policy 2.8, promotes rehabilitation of commercial properties, and encourages increased levels of capital investment. The driveway will contribute to the viability of the commercial center in which it is located and the existing building will be rehabilitated to match the design of the new building. Policy 2.9, supports developments that create a business environment that is safe and attractive. The Condition of Approval for property maintenance will maintain a safe and attractive environment in the community. Economic Development Element Goal 2 maintains and enhances the diversity of the City’s economic base. Policy 2.3 encourages the development of mutually beneficial and supportive business clusters within the community. Urban Design Element Goal 1 improves the physical appearance of the City through development of districts that project a sense of place, positive community image and quality environment. Specifically, Policy 1.5 enhances architectural forms, textures, colors, and materials for all projects. Section 2. In accordance with the California Environmental Quality Act, the project is exempt from further review per Section 15303 of the Guidelines for the California Environmental Quality Act. The Class 3 exemption applies to the construction of small structures, which in an urbanized area is defined as a building not exceeding 10,000 square feet in floor area, on sites zoned for such use, not using significant amounts of hazardous substances, where public services are available and the surrounding area is not environmentally sensitive. The proposed building is 3,567 square feet in floor area within the Arterial Commercial zone which allows for service, retail and commercial uses. The proposed tenants are not anticipated to use significant amounts of hazardous substances. There are public services available through the City of Santa Ana and the Orange County Fire Authority and the surrounding area is not environmentally sensitive. As a result, Categorical Exemption, Environmental Review No. 2017-136 will be filed for this project. Section 3. The Applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the project, including without limitation, any environmental review or approval, except to the extent caused by the sole negligence of the City of Santa Ana. Section 4. The Planning Commission of the City of Santa Ana, after conducting the public hearing, hereby approves Variance No. 2018-11 as conditioned in Exhibit A, attached hereto and incorporated as though fully set forth herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated October 8, 2018 and October 22, 3-28 Resolution No. 2018-xx Page 4 of 7 2018, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 22nd day of October, 2018. AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: _______________________ Mark McLoughlin Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:________________________ Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2018-xx to be the original resolution adopted by the Planning Commission of the City of Santa Ana on October 22, 2018. Date: ________________ ____________________________________ Recording Secretary City of Santa Ana 3-29 Resolution No. 2018-xx Page 5 of 7 EXHIBIT A Conditions of Approval for Variance No. 2018-11 Variance No. 2018-11 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. In addition, they shall meet the following conditions of approval: The Applicant must comply with each and every condition listed below prior to exercising the rights conferred by this variance. I. The Applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. 1. All proposed site improvements must conform to the Site Plan Review (DP No. 2017- 37) and the staff report exhibits. 2. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. Prior to the issuance of a building permit, a lot merger for 2031 North Tustin Avenue and 2151 East Santa Clara Avenue shall be recorded. 4. Prior to the issuance of a certificate of occupancy, the non-conforming pole sign on 2151 East Santa Clara Avenue must be removed. 5. Prior to the issuance of a building permit, a landscape and irrigation plan is to be submitted for review and approval. The landscape plan shall conform to the commercial landscape standards, Citywide Design Guidelines and the City’s Water Efficient Landscape Ordinance. 6. Prior to the issuance of a building permit, a Property Maintenance Agreement must be recorded against the property. The Agreement will be subject to review and applicability by the Planning and Building Agency, the Community Development Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained, Developer (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the Applicant) shall execute a maintenance agreement with the City of Santa Ana which shall be recorded against the property and which shall be in a form reasonably satisfactory to the City Attorney. The Maintenance Agreement shall contain covenants, conditions and restrictions relating to the following: 3-30 Resolution No. 2018-xx Page 6 of 7 (a) Compliance with operational conditions applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing etc.); (b) Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including but not limited to hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses, (c) Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable; (d) Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable); (e) If Developer and the owner of the property are different (e.g., if the Applicant is a tenant or licensee of the property or any portion thereof), both the Applicant and the owner of the property shall be signatories to the maintenance agreement and both shall be jointly and severally liable for compliance with its terms. (f) The Maintenance Agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties and obligations and responsibilities set forth under the Maintenance Agreement. (g) The Maintenance Agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property. The maintenance agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City. (h) The execution and recordation of the Maintenance Agreement shall be a condition precedent to the issuance of final approval for any construction permit related to this entitlement. 3-31 Resolution No. 2018-xx Page 7 of 7 II. The following are requirements that will need to be addressed and/or approved by the Police Department prior to issuance of a building permit: 1. Submitted plans must indicate that all structures and parking lots comply with the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). All applicable sections must be printed verbatim on the submitted set of plans. III. The following are requirements that will need to be addressed and/or approved by the Orange County Fire Authority prior to issuance of a building permit: 1. Prior to the issuance of a building permit, the Applicant shall submit the Architectural Plans (PR208) for Starbucks to the Orange County Fire Authority for review and approval. IV. The following are requirements that will need to be addressed and/or approved by the Public Works Agency prior to issuance of a building permit: 1. The Applicant shall submit plans to install a “pork chop” right-turn only directional curb on-site within the driveway on Tustin Avenue. The driveway and “pork chop” shall be designed to City Standards and approved by the Public Works Agency. The improvements shall be installed prior to issuance of a Certificate of Occupancy. 2. The Applicant shall submit plans showing the installation of a right-turn only sign at the Santa Clara Avenue driveway. The improvements shall be installed prior to issuance of a Certificate of Occupancy. 3. The Applicant shall submit payment of the fair-share contribution in the amount of $30,898.00 for the Santa Clara Avenue and Tustin Avenue traffic signal modification. 3-32 EXHIBIT 5 SITE PLAN 2301 NORTH TUSTIN & 2151 EAST SANTA CLARA AVENUE 3-33 EXHIBIT 6 CONVENIENCE STORE ELEVATIONS 2151 EAST SANTA CLARA AVENUE 3-34 EXHIBIT 6 STARBUCKS ELEVATIONS 2301 NORTH TUSTIN AVENUE 3-35 4-1 4-2 4-3 4-4   1    ORDINANCE NO. NS-XX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTIONS 41-150.5, 41-365, 41-365.5, 41-412.5, 41-424, 41-424.5, 41-521, 41-522, 41- 584 and 41-584.5 (SCHOOLS), 41-160 AND DIVISION 6 OF ARTICLE III (TOWNHOUSE DEVELOPMENT STANDARDS), 41-246, 41-247.5, 41-249, 41-250 AND 41- 251 (TWO-FAMILY RESIDENCE/R2), AND 41-668 (DEVELOPMENT PROJECT PLAN) OF THE SANTA ANA MUNICIPAL CODE, AND GENERAL PROVISIONS OF SPECIFIC DEVELOPMENT NO. 19 (SD-19)/FRENCH PARK AND SPECIFIC DEVELOPMENT NO. 40 (SD- 40)/HENINGER PARK THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Various sections of Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC) have been revised periodically over the last several years to respond to changes in development, to adopt new permitting procedures, and to comply with changes to State and Federal laws. In a continuing effort to establish high-quality development standards and to create a user-friendly environment for residents and the business community within the City, the Planning Division is proposing revisions to various sections of Chapter 41 (Zoning) of the SAMC and to Specific Development 19 (SD-19)/French Park and Specific Development No. 40 (SD-40)/Heninger Park. B. After a thorough analysis of the current code requirements in the City, staff identified several sections of the code for amendments necessary to ensure clear, uniform, and legally consistent regulations. The proposed amendments will enable the City to implement a regulatory framework that protects the health, safety and welfare of the City and limits undue strain on home owners, business operators and developers. C. On October 22, 2018, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council adopt Zoning Ordinance Amendment No. 2018-04. D. The City Council, on November 20, 2018, held a duly noticed public hearing on this ordinance and has considered all testimony presented thereto. 4-5   2    Section 2. The proposed ordinance has been reviewed with respect to applicability of the California Environmental Quality Act (“CEQA”) and the State CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.). The project is exempt from CEQA as it can be seen with certainty that there is no impact on the environment [Section 15061(b) (3)] and a Notice of Exemption will be filed upon adoption of this ordinance. Section 3. Section 41-150 (Reserved) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-150. – Reserved Schools. A school means any public, charter, or private educational facility for elementary, middle, junior high, and high school, serving kindergarten through twelfth grade students, including denominational and sectarian, boarding schools, and military academies, but does not include preschools and child day care uses as defined in Section 41-42.5. Section 4. Section 41-160 (Townhouse) of Chapter 41 the SAMC is hereby amended to read as follows: Sec. 41-160. – Townhouse. A townhouse is a dwelling unit located in a group of three (3) or more attached dwelling units with no dwelling unit located above or below another and with each dwelling unit having its own exterior entrance. A townhouse is a single-family dwelling unit that: (a) is constructed in a group of three (3) or more attached dwelling units; (b) extends from foundation to roof with a yard or public way on two or more sides; and (c) has its own exterior entrance. Section 5. Section 41-246 (Applicability of regulations) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-246. – Applicability of regulations. R-2 (Two-Family Residence) districts are specifically subject to the regulations contained in this Division, except that one-family dwelling unit on a single lot is are subject to the design and development standards set forth in Division 3 of this Article, townhouses are subject to the design and development standards set forth in Division 6 4-6   3    of this Article, and nonresidential uses allowed under section 41-247.5 are subject to the design and development standards set forth in Division 12 of this Article. Section 6. Section 41-247.5 (Uses subject to a conditional use permit in the R2 district) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-247.5. – Uses subject to a conditional use permit in the R2 district. (a) Any use which may be permitted in the R1 district subject to the issuance of a conditional use permit pursuant to Section 41-232.5 may likewise be permitted in the R2 district subject to a conditional use permit. (b) Care homes, as defined by Section 41-41.5 of this Chapter, which previously were permitted pursuant to a validly issued conditional use permit and subsequently lost the permitted use pursuant to the provisions of this Chapter. (c) Townhouse of thirty-five (35) feet or three (3) stories in height, whichever is less, as measured from the lowest adjacent grade of the structure to the top of the structure. Section 7. Section 41-249 (Front yards in the R2 district), Section 41-250 (Side yards in the R2 district) and Section 41-251 (Rear yards in the R2 district) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-249. – Front yards in the R2 district. There shall be a front yard of not less than twenty (20) feet from the street. If there are two (2) single-family detached units on a site, the front yard of the rear unit adjacent to the rear yard of the front unit shall be not less than ten (10). Sec. 41-250. – Side yards in the R2 district. There shall be a Each side yard shall be of not less than five (5) feet for each building from the street. On corner lots, the side yard on the street side shall be not less than ten (10) feet for each building from the street. The restrictions on nonconforming buildings set forth in Article VI of this Chapter shall not apply to buildings which are nonconforming solely for the reason that they do not have interior side yards meeting the standard set by this Section, provided the interior side yards of such building are at least three (3) feet wide. Sec. 41-251. – Rear yards in the R2 district. There shall be a rear yard of not less than fifteen (15) feet for each dwelling unit from. Such rear yard may be reduced to not less than ten (10) feet in width, provided that the 4-7   4    development site it has at least one thousand two hundred (1,200) square feet of open space area, exclusive of front and side yard areas. Section 8. Division 6 (Townhouse Standards) of Article III of Chapter 41 of the SAMC is hereby amended to read as follows: DIVISION 6. – TOWNHOUSE DEVELOPMENT STANDARDS Sec. 41-273. – Applicability of division. Townhouse developments are specifically subject to the regulations contained in this division. Sec. 41-274. – Minimum development site size. The minimum development site size shall be twelve thousand (12,000) square feet of contiguous land, with a minimum street frontage of one hundred (100) feet. Sec. 41-275. – Minimum lot area per unit. The minimum lot area shall be three thousand (3,000) square feet per unit. Sec. 41-277. – Building height. (a) No primary structure shall exceed twenty-seven (27) feet or two (2) stories in height, as measured from the lowest adjacent grade of the structure to the top of the structure, unless a conditional use permit is approved by the Planning Commission to allow thirty-five (35) feet or three (3) stories in height. (b) Accessory structures shall not exceed fifteen (15) feet or one (1) story in height. Sec. 41-278. – Lot coverage. No more than fifty (50) per cent of the lot shall be covered by structures. Sec. 41-279. – Front yard. Each townhouse Front yard shall have a front yard of not be less than twenty (20) feet. Sec. 41-280. – Side yard. Each sSide yard of a townhouse shall be not be less than ten (10) feet. Side yards which front on a local street shall be a minimum of ten (10) feet. Side yards that front on an arterial street shall be a minimum of fifteen (15) feet. Sec. 41-281. – Rear yard. 4-8   5    Each townhouse Rear yard shall have a rear yard of not be less than fifteen (15) feet. Sec. 41-282. – Off-street parking. (a) Off-street parking shall be provided comply per Table 41-282. as follows: Table 41-282 Townhouse Development Parking Standards # of Bedrooms # of Required Off-Street Parking 2 bedrooms 2.0 garage spaces per unit 3 or more bedrooms 2.0 garage spaces per unit and 1.0 (covered or uncovered) space per unit, plus 0.5 spaces per each bedroom over 3 bedrooms. # of Guest Parking 1. 0.5 spaces per unit 1. Required garage spaces may be tandem spaces (b) Site Access. (1) Site access shall be primarily from side streets or alleys. If access from side streets is not possible due to lot location and/or configuration; vehicular access shall be constructed so as to minimize the disruption of the pedestrian right-of-way on the primary streets. (2) Garages shall be accessed from internal private driveways or alleys. (3) A garage shall have access directly into the dwelling unit or into the private yard area of the dwelling unit. (1) Each unit shall have two (2) spaces in a garage. (2) Garages shall not face the street. (3) A garage shall have access directly into the townhouse or into the private yard area of the townhouse. (4) Two (2) guest spaces shall be provided for each townhouse.   Sec. 41-283. – Open space. For a townhouse development, both pPrivate and common open space shall be provided within the project. Minimum open space requirements for townhouse developments are as follows: 4-9   6    (1) Private open space:   (a) Shall be a single pPrivate open space shall be no less than two hundred fifty (250) square feet per unit, with a minimum dimension of ten (10) six (6) feet in each direction. (b) Shall be at the ground level.   (cb) Private open space Sshall be accessible from the unit's kitchen, dining area, den, family room, master bedroom and/or living room. (2) Common open space:   (a) Shall be a single cCommon open space shall be equivalent to no less than two hundred fifty (250) square feet per unit, with a minimum of fifteen (15) feet in each direction.   (b) Is in addition to yard areas. Front, side and rear yards may shall not be counted to satisfy this requirement. Sec. 41-284. – Fences. (a) A fence plan for any townhouse development project shall be submitted for review and approval to the Planning Manager or his/her designee. The fence plan shall include, but is not limited to, the following:   (1) The plan shall delineate and dimension the location, size and materials of all fences.   (2) The plan shall provide elevations demonstrating the architectural compatibility of the proposed fences with the proposed project. (3) The plan shall include installation specifications ensuring long term quality of the proposed fencing.   (b) Fences shall not be located within the required front yard setbacks or located within ten (10) feet of the side property line on any street- oriented side yard. Sec. 41-285. – Building separation. The building separation between primary structures shall be not less than twenty (20) fifteen (15) feet. 4-10   7    Sec. 41-286. – Access. (a) Each townhouse shall have a minimum of forty (40) per cent of the living area and be accessible from ground level.   (b) A front door must face the street or a common area.   (c) No exterior stairwells shall be permitted on units abutting street-oriented yards. Sec. 41-287. – Storage space. For each townhouse unit, there shall be a separate, enclosed, lockable storage space area reserved for the occupants of such townhouse unit. Such storage space may be located inside the garage of the townhouse unit or elsewhere within the development. but may not be directly accessible from the townhouse. Such storage space shall be at least two hundred fifty (250) cubic feet in size and shall have minimum dimensions of four (4) feet by eight (8) feet. Sec. 41-288. – Landscaping. All yards shall be landscaped with the exception of approved driveways and walkways by the Planning Manager or his/her designee. Each townhouse development shall meet the following minimum landscaping standards: (a) Front yard:   (1) One (1) 24-inch box canopy tree.   (2) All trees shall be double-staked.   (3) Six (6) five-gallon size shrubs and ten (10) one-gallon size herbaceous perennials/shrubs as a foundation planting.   (4) Turf or acceptable dry climate ground cover:   a. Turf shall be drought tolerant variety and planted as sod or hydroseed.   b. Ground cover shall be well-rooted cuttings from flats and planted as appropriate spacing for that particular plant material. 4-11   8      (5) Root barriers shall be required on all trees.   (b) Side yard: Corner lots shall have one (1) 15-gallon size tree for every thirty (30) linear feet of property abutting a street plus six (6) five-gallon size shrubs as a foundation planting. Root barriers shall be required on all trees planted along the street-oriented yards.   (c) Project perimeter walls:   (1) Flowering vines shall be secured to a decorative masonry wall or wood fence material.   (2) The vines shall be five-gallon size and be planted at 20-foot intervals. They shall be secured to the walls with eye hooks and wire.   (3) Espaliered shrubs, fruit trees, or other ornamental trees may be substituted for the flowering vines.   (d) Irrigation system:   (1) All planting areas must be designed with an automatic irrigation system. A pop-up sprinkler type irrigation system shall be provided for all yards. Drip, bubbler, or other low gallonage systems may be used in buffer areas and narrow strips.   (2) The use of "xeriphytic" or dry climate type plant materials is encouraged. Irrigation systems may require special fittings to properly water dry climate plantings.   (3) All irrigation systems shall be equipped with a controller capable of dual or multiple station programming.   (e) Screening:   (1) All meters shall be appropriately screened from public view with trellis work and vines, a hedge type shrub or be incorporated into the residential structure. (2) Any enclosed structure for utilities must not encroach into the required setback.   4-12   9    (f) Maintenance: All plant material shall be maintained per section 41-609 of this Code.   (g) [Compliance with article XVI:] Landscaping shall be installed and maintained in compliance with Article XVI of this Chapter (Water Efficient Landscape Standards), pertaining to water conservation.   Sec. 41-289. - Reserved.    Section 9. Section 41-365 (Uses permitted in the C1 district) and Section 41- 365.5 (Uses subject to a conditional use permit in the C1 district) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-365. – Uses permitted in the C1 district. The following uses are permitted in the C1 district: (a) Retail and service uses. (b) Professional, administrative and business offices. (c) Automobile parking lots and parking structures. (d) Automobile sales, but excluding truck, trailer, tractor and boat sales. (e) Churches and accessory church buildings. (f) Mortuaries. (g) Theaters. (h) Hospitals, clinics, and sanitariums. (i) Animal hospitals and veterinaries. (j) Plant nurseries. (k) Gymnasiums. (l) Golf courses, both regulation and miniature, and driving ranges. (m) Public utility structures, including electric distribution and transmission substations. (n) Restaurants, cafes, and eating establishments, other than those specified in section 41-365.5. 4-13   10    (o) Schools and sStudios operated for commercial or public purposes. (p) Childcare facilities. (q) Service stations. (r) Automobile servicing. (s) Cyber cafes, subject to compliance with the requirements of section 41- 198.200. (t) Tattoo and/or body art establishments, subject to the development and operational standards set forth in section 41-199.3. Sec. 41-365.5. – Uses subject to a conditional use permit in the C1 district. The following uses may be permitted in the C1 district subject to the issuance of a conditional use permit: (a) Clubs. (b) Outdoor and indoor recreational or entertainment uses other than those set forth in section 41-365. (c) Hotels, motels, lodging houses, care homes, fraternity houses and sorority houses. (d) Thrift shops, purchase and loan, pawn shops. (e) Eating establishments with drive-through window service. (f) Eating establishments open at any time between the hours of 12:00 a.m. and 5:00 a.m. and located within one hundred fifty (150) feet of residentially zoned or used property, measured from property line to property line. (g) Laundromats, subject to the development and performance standards set forth in section 41-199. (h) Retail markets having less than twenty thousand (20,000) square feet of floor area which are open at any time between the hours of 12:00 midnight and 5:00 a.m. (i) Check cashing facilities, as defined by Section 41-42.7. 4-14   11    (j) Banquet facilities, subject to development and operational standards set forth in section 41-199.1. (k) Banquet facilities as an ancillary use, subject to development and operational standards set forth in section 41-199.1. (l) Adult day care facilities. (m) Superstores. (n) Tattoo and/or body art establishments open at any time between the hours of 12:00 a.m. and 7:00 a.m., subject to the development and operational standards set forth in section 41-199.3. (o) Schools, as defined by Section 41-150.5. Section 10. Section 41-412.5 (Uses subject to a conditional use permit in the C4 district) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-412.5. – Uses subject to a conditional use permit in the C4 district. The following uses may be permitted in the C4 district subject to the issuance of a conditional use permit: (a) Hotels, motels, lodging houses, care homes, fraternity houses and sorority houses. (b) Indoor swap meets, bulk merchandise stores, and home improvement warehouse stores. (c) Eating establishments with drive-through window service. (d) Eating establishments open at any time between the hours of 12:00 a.m. and 5:00 a.m. and located within one hundred fifty (150) feet of residentially zoned or used property, measured from property line to property line. (e) Laundromats, subject to the development and performance standards set forth in section 41-199. (f) Retail markets having less than twenty thousand (20,000) square feet of floor area which are open at any time between the hours of 12:00 midnight and 5:00 a.m. 4-15   12    (g) Check cashing facilities, as defined by section 41-42.7 of this Code. (h) Banquet facilities, subject to development and operational standards set forth in section 41-199.1. (i) Banquet facilities as an ancillary use, subject to development and operational standards set forth in section 41-199.1. (j) Adult day care facilities. (k) Superstores. (l) Tattoo and/or body art establishments open at any time between the hours of 12:00 a.m. and 7:00 a.m., subject to the development and operational standards set forth in section 41-199.3. (m) Schools, as defined by Section 41-150.5. Section 11. Section 41-424 (Uses permitted in the C5 district) and Section 41- 424.5 (Uses subject to a conditional use permit in the C5 district) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-424. – Uses permitted in the C5 district. The following uses are permitted in the C5 district: (a) Administrative and professional offices. (b) Retail and service uses. (c) Automobile parking lots, but excluding the sale or storage of automobiles, trucks, trailers, boats, or tractors, whether new or used. (d) Churches, chapels, mortuaries, and theaters. (e) Government buildings. (f) Restaurants and cafes, other than those specified in section 41-424.5. (g) Schools and sStudios operated for commercial or public purposes. (h) Child care facilities. (i) The printing, publishing, and circulation of a newspaper, including plant and office. 4-16   13    (j) Two-family dwellings not exceeding one (1) unit per three thousand (3,000) square feet of lot area, provided such units front on a secondary or local street. (k) Cyber cafes subject to compliance with the requirements of section 41- 198.200. (l) Gymnasiums and health clubs. Sec. 41-424.5. – Uses subject to a conditional use permit in the C5 district. The following uses may be permitted in the C5 district subject to the issuance of a conditional use permit: (a) Hotels, motels, lodging houses, care homes, fraternity houses, and sorority houses. (b) Dwelling units when erected above the ground floor of a commercial structure when the ground floor is devoted exclusively to nonresidential uses. (c) Hospitals. (d) Public utility structures, including electric distribution and transmission substations. (e) Eating establishments with drive-through or walk-up window service. (f) Service stations and automobile servicing. (g) Car wash establishments, provided they are wholly enclosed. (h) Laundries. (i) Indoor swap meets, bulk merchandise stores, and home improvement warehouse stores. (j) Eating establishments open at any time between the hours of 12:00 a.m. and 5:00 a.m. and located within one hundred fifty (150) feet of residentially zoned or used property, measured from property line to property line. (k) Laundromats, subject to the development and performance standards set forth in section 41-199. 4-17   14    (l) Retail markets having less than twenty thousand (20,000) square feet of floor area which are open at any time between the hours of 12:00 midnight and 5:00 a.m. (m) Banquet facilities, subject to development and operational standards set forth in section 41-199.1. (n) Banquet facilities as an ancillary use, subject to development and operational standards set forth in section 41-199.1. (o) Adult day care facilities. (p) Superstores. (q) Schools, as defined by Section 41-150.5. Section 12. Section 41-521 (Uses permitted in the C-SM district) and Section 41-522 (Uses subject to a conditional use permit in the C-SM district) of Chapter 41 of the SAMC is hereby amended as follows: Sec. 41-521. – Uses permitted in the C-SM district. The following uses are permitted in the C-SM district: (a) Retail and service uses. (b) Professional, administrative, and business offices. (c) Public parking lots and parking structures. (d) Animal hospitals and veterinarians. (e) Gymnasiums, health clubs, and martial arts studios. (f) Public utility structures, including electric distribution and transmission substations. (g) Restaurants, cafes, coffeehouses, and eating establishments, other than those provided in section 41-522, excluding the establishment of drive through service facilities. (h) Schools and sStudios operated for commercial or public purposes. (i) Child care facilities. 4-18   15    (j) Art galleries, museums and exhibit halls. (k) Plant nurseries. (l) Theaters. (m) Furniture stores. (n) Youth amusement rides ancillary to grocery, general merchandise and department retail store uses. Sec. 41-522. – Uses subject to a conditional use permit in the C-SM district. The following uses may be permitted in the C-SM district subject to the issuance of a conditional use permit: (a) Clubs, lodges and fraternal organizations. (b) Outdoor and indoor recreational or entertainment uses including night clubs, other than those set forth in section 41-521. (c) Hotels, motels, lodging houses, care homes, fraternity houses and sorority houses. (d) Thrift and resale stores, antique shops and collectable stores, excluding pawn shops and auction houses. (e) Eating establishments open at any time between the hours of 12:00 midnight and 5:00 a.m. and located within one hundred fifty (150) feet of residentially zoned or used property, measured from property line to property line. (f) Laundromats. (g) Ancillary outdoor dining facilities located in the front yard area. (h) Banquet facilities, subject to development and operational standards set forth in section 41-199.1. (i) Banquet facilities as an ancillary use, subject to development and operational standards set forth in section 41-199.1. (j) Automobile repair and automobile servicing. 4-19   16    (k) Retail markets having less than twenty thousand (20,000) square feet of floor area which are open at any time between the hours of 12:00 midnight and 5:00 a.m. (l) Churches and accessory church buildings. (m) Schools, as defined by Section 41-150.5. Section 13. Section 41-584 (Uses permitted in the O district) and Section 41- 584.5 (Uses subject to a conditional use permit in the O district) of Chapter 41 of SAMC is hereby amended to read as follows: Sec. 41-584. – Uses permitted in the O district. The following uses are permitted in the O district: (a) Open-air recreational and entertainment uses, including bike or bridle trails, and buildings and uses accessory thereto. (b) Government buildings, school buildings and facilities, public utility facilities, quasi-public and service facilities, flood-control structures, and uses accessory thereto. Sec. 41-584.5. – Uses subject to a conditional use permit in the O district. The following uses may be permitted in the O district subject to the issuance of a conditional use permit: (a) Community gardens operated by a non-profit organizations. (b) Production greenhouses and nurseries with no retail sales. (c) Interpretive centers. (d) Schools, as defined by Section 41-150.5. Section 14. Section 41-668 (Definitions) of Chapter 41 of SAMC is hereby amended to read as follows: Sec. 41-668. – Definitions. (a) Development Project. As used in this division, the term "development project" includes any of the following projects: 4-20   17    (1) The new construction of any building or buildings, and additions to any existing building or buildings, if new floor space of two thousand five hundred (2,500) square feet or more is constructed or added; but excluding the following: a. Single family homes; b. Room additions to duplexes; c. Tenant improvements not involving a change of use; d. Facade improvements; e. Equipment covers or structures to cover equipment. (2) Tenant improvements involving an intensification or change in occupancy classification. (3) New service stations (34) Any project that requires a discretionary approval, excluding conditional use permits for operation of eating establishments between the hours of 12:00 a.m. and 5:00 a.m. and conditional use permits for the sale of alcoholic beverages. (b) Discretionary approval. As used in this division, the term "discretionary approval" means a conditional use permit, variance, minor exception, tentative map approval, change in use district designation, or similar entitlement for development, the granting of which involves the exercise of discretion, other than the plan approval process set forth in this division. Section 15. Section 8 (General Provisions) of Specific Development No. 19 (SD-19) of Chapter 41 of the SAMC is hereby amended to read as follows: Section 8 General Provisions All new construction, excluding interior modifications, and including the restoration, rehabilitation, alteration, conversion and/or addition of any structure involving modification to the exterior of a structure within the area as defined as Historic French Park District (SD-19) must shall proceed through the following established review process. This includes review of structures destroyed by natural occurrences, pursuant to SAMC Sec. 41-682. Final approval shall be granted by the Planning Commission. 1. GUIDELINES AND STANDARDS. The architectural design guidelines used by City staff and the French Park Architectural Review Committee (Committee) and adopted by resolution by the City Council, is entitled 4-21   18    “Historic French: Its Architectural Legacy and Design Guidelines” (French Park Guidelines). All projects must adopt one of the historical architectural styles of the district which is identified in the Guidelines. All accessory structures shall comply with these architectural design guidelines. 2. NEIGHBORHOOD REVIEW. The French Park Architectural Review Committee is a volunteer group comprised of French Park neighborhood residents and/or property owners shall who are authorized to review proposals for new construction, restoration, rehabilitation, alteration, conversion and/or additions to an existing structure within the boundaries of SD-19. A Neighborhood Review Application shall be submitted to the Planning Division for all minor and major modifications for evaluation by staff and shall be forward to the French Park Architectural Review Committee for comments. make findings that the proposed new construction, restoration, rehabilitation, alteration, conversion and/or addition to an existing structure. Staff and the Committee will review the Neighborhood Review Application for is in compliance with the French Park Guidelines and is in compliance with the Secretary of the Interior’s Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings. The findings shall be made a part of the City’s formal review process. If there is not an active Committee, by request of the French Park Neighborhood Association Chairperson, City staff shall provide the sole Neighborhood Review evaluation. 3. EXCEPTIONS. All projects, except those requiring any discretionary action, are exempt from the Development Project Plan approval process as set forth in Sections 41-668 through 674 of the SAMC. 4. HISTORIC RESOURCES COMMISSION APPROVAL. Final approval of major exterior modifications shall be granted by the Historic Resource Commission. Final approval of minor exterior modifications as outlined per Resolution No. 2006-001 and adopted by the Historic Resource Commission on January 5, 2006 shall be granted administratively by staff. The French Park Architectural Review Committee comments are to be made a part of the City’s shall be included into staff’s evaluation and recommendation to the Historic Resource Commission. The decision of the Historic Resource Planning Commission regarding approval of the major exterior modifications shall be final unless an appeal is filed as set forth in Section 30-8 of Chapter 30 of the SAMC. Section 16. Section General Provisions (General Provisions) of Specific Development No. 40 (SD-40) of Chapter 41 of the SAMC is hereby amended to read as follows: GENERAL PROVISIONS 4-22   19    A. Exterior rehabilitation and conversion of residences shall be subject to design review by the Planning Department prior to issuance of building permits. Rehabilitation of designated historic structures shall conform to the Secretary of Interior’s Standards of Rehabilitation and Guidelines for Rehabilitation Historic Buildings (used by the Secretary of Interior when determining if a rehabilitation project qualifies as “Certified rehabilitation” pursuant to U.S tax legislation). All exterior work shall also conform with Council approved Development Standards and Guidelines as they are adopted. B. All new construction shall be subject to Planning Commission site plan review process as required in Santa Ana Municipal Code, Chapter 41, Article III, Division 26, except as provided for in this subsection. 1. For properties listed on the City of Santa Ana Register of Historical Properties, with no discretionary actions before the Planning Commission, the Historic Resources Commission shall solely conduct the site plan review and the exterior physical modification approval as defined in Santa Ana Municipal Code, Chapter 30. 2. For projects with discretionary actions before the Planning Commission, the Planning Commission shall conduct site plan review, and the Historic Resource Commission shall conduct the exterior physical modification approval process. C. All exterior rehabilitation and new construction shall maintain architectural standards compatible with the architectural character of the Heninger Park Specific Development zone. Design criteria includes the use of historically appropriate exterior materials, gable treatment and architectural massing consistent with existing historic architectural styles found in the area. All new construction, excluding interior modifications, and including the restoration, rehabilitation, alteration, conversion and/or addition of any structure involving modification to the exterior of a structure within the area as defined as Heninger Park District (SD-40) must proceed through the following established review process. This includes review of structures destroyed by natural occurrences, pursuant to SAMC Sec. 41-682. A. GUIDELINES AND STANDARDS. The architectural design guidelines used by City staff and the Heninger Park Architectural Review Committee (Committee) and adopted by resolution by the City Council, is entitled “Heninger Park Architectural Design Guidelines” (Heninger Park Guidelines). All projects must adopt one of the historical architectural 4-23   20    styles of the district which is identified in the Guidelines. All accessory structures shall comply with these architectural design guidelines. B. NEIGHBORHOOD REVIEW. The Heninger Park Architectural Review Committee is a volunteer group comprised of Heninger Park neighborhood residents and/or property owners who are authorized to review proposals for new construction, restoration, rehabilitation, alteration, conversion and/or additions to an existing structure within the boundaries of SD-40. A Neighborhood Review Application shall be submitted to the Planning Division for all minor and major modifications for evaluation by staff and shall be forward to the Heninger Park Architectural Review Committee for comments. Staff and the Committee will review the Neighborhood Review Application for compliance with the Heninger Park Guidelines and compliance with the Secretary of the Interior’s Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings. If there is not an active Committee, by request of the Heninger Park Neighborhood Association Chairperson, City staff shall provide the sole Neighborhood Review evaluation. C. EXCEPTIONS. All projects, except those requiring any discretionary action, are exempt from the Development Project Plan approval process as set forth in Sections 41-668 through 41-674 of the SAMC. D. HISTORIC RESOURCES COMMISSION APPROVAL. Final approval of major exterior modifications shall be granted by the Historic Resource Commission. Final approval of minor exterior modifications as outlined per Resolution No. 2006-001 and adopted by the Historic Resource Commission on January 5, 2006 shall be granted administratively by staff. The Heninger Park Architectural Review Committee comments shall be included into staff’s evaluation and recommendation to the Historic Resource Commission. The decision of the Historic Resource Commission regarding approval of the major exterior modifications shall be final unless an appeal is filed as set forth in Section 30-8 of Chapter 30 of the SAMC. Section 17. If any section, subsection, sentence, clause, phrase or portion of this ordinance for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause phrase or portion thereof irrespective of the fact that any one or more 4-24   21    sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this ______ day of ______________, 2018. _______________________ Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By:________________________ Lisa Storck Assistant City Attorney 4-25   22      AYES: Councilmembers __________________________________ NOES: Councilmembers __________________________________ ABSTAIN: Councilmembers __________________________________ NOT PRESENT: Councilmembers __________________________________ CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on _______________, and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: ________________ ____________________________________ Clerk of the Council City of Santa Ana 4-26 EXHIBIT 2 COMPARISON TABLE OF SCHOOL REVIEW PROCESS Cities Review Process Irvine Public: Permitted by right (No Conditional Use Permit required). School sites are chosen in advance and in accordance with school district master plan. Private: A Conditional Use Permit is required Charter: Not specified Garden Grove A Conditional Use Permit is required for both public and private schools Costa Mesa A Conditional Use Permit is required for both public and private schools Tustin A Conditional Use Permit is required for both public and private schools Fountain Valley A Conditional Use Permit is required for both public and private schools 4-27 EXHIBIT 3 COMPARISON TABLE OF OFF-STREET PARKING RATIOS Cities Off-Street Parking Required Guest Parking Costa Mesa Studio = 1.5 / unit 1 bedroom = 2 / unit 2 bedrooms = 2.5 / unit 3 or more bedrooms = 3.5 / unit 0.5 / unit Irvine Studio = 1 / unit 1 bedroom = 1.5 / unit 2 or more bedrooms = 2 / unit 0.7 / unit Anaheim Studio = 1.25 / unit 1 bedroom = 2 / unit 2 bedrooms = 2.25 / unit 3 or more bedrooms = 3 / unit + 0.5 space per each bedroom over 3 bedrooms 0.25 / unit Orange Studio = 1.2 / unit 1 to 2 bedrooms = 1.7 / unit 3 bedrooms = 2.4 / unit 0.2 / unit Los Angeles Studio – 2 bedrooms = 1 / unit 3 bedrooms = 1.5 / unit 3 or more bedrooms = 2 / unit 5 / each 30 units Long Beach Studio = 1 / unit 1 bedroom = 1.5 / unit 2 or more bedrooms = 2 / unit 0.25 / unit Pasadena 1 space per unit if less than 650 SF 2 spaces per unit if more than 650 SF 1 / each 10 units 4-28