HomeMy WebLinkAboutRESO 2018-20_2110, 2114 AND 2020 E FIRST STREETLS 6.04.18
RESOLUTION NO. 2018-20
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING SITE PLAN
REVIEW NO. 2017-09 AS CONDITIONED AND DENSITY
BONUS AGREEMENT NO. 2017-02 AS CONDITIONED FOR
A NEW MIXED-USE FAMILY AFFORABLE RENTAL
RESIDENTIAL AND COMMERCIAL DEVELOPMENT FOR
THE PROPERTIES LOCATED AT 2110, 2114, AND 2020
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. Gene Broussard, representing Affordable Housing Land Consultants, Inc.
(AMG & Associates, hereinafter referred to as "Applicant'), is requesting
approval of Site Plan Review No. 2017-09, as conditioned, and Density
Bonus Agreement No. 2017-02, as conditioned, to allow the construction
of a new mixed-use 552 -unit family affordable rental residential and
commercial development at 2110 and 2114 East First Street.
B. The Metro East Mixed Use overlay district was adopted in 2007 as a result
of interest in developing mixed-use residential and commercial projects in
its project area. 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. The California Density Bonus law allows developers to seek increases in
base density for providing on-site housing units in exchange for providing
affordable units on site. To help make constructing on-site affordable units
feasible, the law allows developers to seek incentives/concessions or
waivers that would help the project be built without significant burden and
without detriment to public health.
D. On June 4, 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.
E. 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
Resolution No. 2018-20
Page 1 of 11
apply the overlay zone, to ensure the project is in conformity with the
overlay zone plan.
F. The zoning designation for the subject property is Metro East Mixed Use
(MEMU) Overlay Zone (OZ -1) in the Active Urban land use district.
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.
2017-09 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 552 residential units (including
one manager's unit) with a substantial (up to 10,000 square
feet) commercial component. In addition, the project has
been designed to feature a public plaza at its frontage on
First Street, designed for temporary activities or kiosks.
Constructing 552 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, dry cleaning 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 publicly -
accessible open space, building setbacks, off-street parking,
and driveway widths. These standards require approval of
incentives/concessions and/or waivers through the Density
Bonus Agreement application.
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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 a six -level project
surrounded by multi-level and single -story structures. A
single -level school campus abuts the site to the south, and
single -story commercial development is to the north across
First Street and east abutting the site. A midrise office
building abuts the site to the west. The MEMU anticipates
developments of this scale or larger in the "Active Urban"
land use district, and this development would continue the
scale of existing buildings in its immediate vicinity. 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 between 12 and 22 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
(EIR No. 2006-01) and in the MEMU overlay district
regulating plan. No negative impacts from noise, air quality,
aesthetics, or traffic are expected except for temporary
impacts arising during construction of the project. The site's
design is intended to activate its frontage on First Street by
providing flexible community areas that can be programmed
with activities or temporary uses, and the landscape palette
has been carefully selected to complement existing
landscape patterns of the surrounding land uses.
H. The Planning Commission determines that the following findings, which
must be established in order to grant this Density Bonus Agreement
pursuant to SAMC Section 41-1607, have been established for Density
Bonus Agreement No. 2017-02 to allow construction of the proposed
project:
1. That the proposed development will materially assist in
accomplishing the goal of providing affordable housing
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opportunities in economically balanced communities throughout the
city.
The proposed development will provide 552 affordable rental
family housing units, contributing toward the City's rental
housing stock to serve the needs of diverse and
underserved populations. The area in which the project is
proposed, the Metro East Mixed Use overlay district,
currently contains one market -rate mixed use community
and another entitled market -rate mixed use community. The
construction of this project will contribute toward an
economically balanced community by providing housing for
different demographic and income levels in an area rich with
employment opportunities, commercial development, and
market -rate housing.
2. That the development will not be inconsistent with the purpose of
the underlying zone or applicable designation in the general plan
land use element.
The project site is located in an area already identified in
both the City's Zoning Code (the Metro East Mixed Use
overlay district) and General Plan (the Land Use and
Housing elements) for new residential communities.
Moreover, the proposed density of 80 units per acre is
consistent with the anticipated development intensity of 90
units per acre in the General Plan Land Use element, and is
below the density bonus provisions in the California Density
Bonus Law for family-oriented projects (35 -percent density
bonus) and in the City's Housing Opportunity Ordinance (35 -
percent density bonus).
3. That the deviation is necessary to make it economically feasible for
the Applicant to utilize a density bonus authorized for the
development pursuant to section 41-1603.
The proposed project requires three deviations through
incentives/concessions: publicly -accessible open space,
building setbacks (side and rear), and offsite parking, as well
as one deviation through a waiver in driveway width. The
four deviations are described as follows:
First, the MEMU regulating plan requires that publicly -
accessible open space be provided along main street -facing
fagades. Because the project has frontage on only one
street, meeting this requirement would result in the building
being pushed back significantly from First Street and would
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render almost the first 1/4 of the site's depth unusable for
building area, resulting in the developer having to construct a
parking structure or subterranean parking, significantly
increasing building costs. Moreover, in order to maintain the
current proposed unit count, the developer would be
required to construct additional levels, resulting in a different
type of construction (steel-frame/Type I versus wood/Type
III), further increasing development costs. If the publically
accessible open space standard were applied as written, the
result would be a significant loss of units and parking area.
Pushing the building back would also reduce the contribution
to creating a more urban, walkable environment. The
Applicant intends to compensate for this reduction by
providing a greater average square footage of
private/common open space per unit on the project site.
Second, for a project of this size and construction type,
OCFA requires 360 -degree circulation on the project site
with minimum 20 -foot fire lanes. The addition of landscaping
and walkways around the project perimeter results in the
project not being able to meet the maximum 10 -foot side
yard requirement. Further, for a project of this height, the
MEMU requires a 100 -foot rear yard setback. In order to
maintain the current proposed unit count, the developer
would be required to construct additional levels, resulting in
a different type of construction (steel-frame/Type I versus
wood/Type III), further increasing development costs.
Implementing this standard as written would result in the
building being set back an additional 55 feet from the rear lot
line, resulting in a significant loss of units and parking area.
Third, constructing 2.0 parking spaces per residential unit on
the project site would require the developer to construct an
additional level of parking either above- or below -grade,
resulting in increased construction costs and/or a loss of an
entire level of residential units. Staff has analyzed the
proposed project and finds that there is potential that the
project and neighborhood may be impacted by the reduced
parking. The City has identified the MEMU area for high-
intensity, mixed use development in order to reduce
demands for parking and traffic impacts. However, the
MEMU area is still in transition, and portions including the
MEMU area have yet to redevelop and produce the
pedestrian -scale environment envisioned by the plan. To
mitigate these impacts, the applicant prepared a parking
study that shows that providing valet service and/or a shuttle
to major transit stops will reduce parking demand on the site
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by 150 parking spaces. The study also identifies the project
and its proximity to transit will generate 105 new transit trips.
Based on these factors and comparison against other major
parking studies prepared by public agencies (San Diego,
2011 and Los Angeles, 2016), the parking study states that
the project will have a peak demand of 349 vehicles for the
residential component only and 399 parking spaces,
including the commercial component. The report and staff
analysis also show that the site lies along an express and a
standard bus line that provide service approximately every
10 to 15 minutes during rush hour. These lines connect the
project to points west (central Santa Ana, Garden Grove,
and Westminster), north (Tustin, Orange, and Placentia),
and east (central Tustin). Finally, the Applicant is proposing
valet service to nearby parking lots and a parking shuttle to
major transit stops to further reduce the demand for on-site
parking.
Fourth, if the project was designed with narrower driveways,
the driveways would not conform to minimum standards
established for fire ingress/egress by OCFA and for trash
truck ingress/egress established by the Public Works
Agency and Waste Management, the current waste collector
contracted by the City. As a result, a waiver from the
maximum driveway width is required.
The three requested concessions could be avoided if the
project were constructed using a different site plan and
building type. If the project were designed with a multi-level
parking and/or subterranean parking structure, or if the
applicant used different building materials (non-combustible,
Type 1) to construct a taller project, additional area on site
would become available to provide open space and parking,
and to meet the required rear yard setback. However, these
changes would increase development costs, resulting in the
affordable housing project becoming financially infeasible
due to the significantly -increased financial implications of
using Type I construction.
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.
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Section 2. In accordance with the California Environmental Quality Act
(CEQA), the recommendation is exempt from further review pursuant to Sections 15162
and 15168 of the CEQA guidelines.
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 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. As required by the MMPR, a traffic impact analysis was performed to analyze
any potential changes in area traffic as a result of the proposed development. The
study concluded that no additional significant impacts would trigger the requirement for
additional environmental review. In addition, a health risk assessment (HRA) was
prepared to identify any impacts from developing a residential community near a major
freeway. The HRA finds that no mitigation measures are required for the project due to
its distance from the Santa Ana (1-5) and Costa Mesa (SR -55) freeways. In considering
additional analysis, the applicant submitted a greenhouse gas study to indicate that the
project will not negatively impact greenhouse gas reduction goals.
As outlined in the accompanying staff report, the project is consistent with the
City's General Plan and the MEMU regulating plan. Further, it is consistent with the
density bonus provisions outlined in the City's Housing Opportunity Ordinance. The
project site is located within city limits and is less than five acres in size. It is already in
an urbanized setting surrounded by urban uses, and the project has not been identified
as habitat for endangered, rare or threatened species.
Section 3. The Planning Commission of the City of Santa Ana, after conducting the
public hearing, hereby approves Site Plan Review No. 2017-09 and Density Bonus
Agreement No. 2017-02 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 May 14, 2018, and exhibits attached thereto; and the public
testimony, written and oral, all of which are incorporated herein by this reference.
ADOPTED this 4t" day of June, 2018 by the following vote:
AYES: Commissioners: MCLOUGHLIN, MENDOZA, VERINO,
NOES: Commissioners: BACERRA
ABSENT: Commissioners: ALDERETE, CONTRERAS-LEO
ABSTENTIONS: Commissioners:
***Signature page follows***
Resolution No. 2018-20
Page 7 of 11
Mark oughlin
Chairman
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
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. 2018-20 to be the original resolution adopted by the Planning
Commission of the City of Santa Ana on June 4, 2018.
Date: 171 b oma/ ('Ulf % " A�j t
Recording Secretary
City of Santa Ana
Resolution No. 2018-20
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Conditions for Approval for Site Plan Review No. 2017-09 and Density Bonus
Agreement No. 2017-02
Site Plan Review No. 2017-09 and Density Bonus Agreement No. 2017-02 are
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 must comply with each and every condition listed belowrip or 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. 2016-33.
2. Prior to issuance of building permits for above -ground construction, the Applicant
shall record terms into an agreement with the City of Santa Ana detailing operations
of the proposed shuttle and/or valet service. The applicant shall provide a map of
the off-site parking lot locations and number of off-site parking stalls before
occupancy of the facility, as part of the Density Bonus agreement approved by City
Council. The terms and contents of the agreement may be included in any required
density bonus and/or inclusionary housing agreement and shall be reviewed and
approved by the Planning Division, Public Works Agency, and City Attorney's Office
prior to recordation. Upon review and approval, proof of the agreement's
recordation shall be submitted to the Planning Division prior to building permit
issuance. After 12 months of operation, the Applicant shall prepare a review of the
operations detailed in the agreement, including the shuttle and/or valet services, for
review and analysis by the City, after which modifications and/or alternate parking
reduction strategies will be considered if necessary. Any modifications and/or
alternate parking reduction strategies will be reviewed by the Planning Manager,
after which a determination will be made if the agreement can be amended by the
City Manager or his designee, or if the Planning Commission must review any new
proposed conditions of approval.
The initial "deal points" are outlined below:
• AMG must identify which parking lots have agreed to rent out parking spaces for
the valet service
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• AMG must identify specific shuttle stop locations and must obtain approval from
the Orange County Transportation Authority (OCTA) if it wishes to utilize its bus
stops/pullouts as part of its shuttle service operations
• All residents of driving age must disclose any owned, leased, or rented vehicles
to be permitted to park on the project site or any properties as part of the valet
or shuttle service
• Each tenant must agree to lease terms prohibiting parking of his or her vehicle
on any City -owned property
o Every such agreement must contain penalties/consequences for violating
the terms of the agreement
o Terms shall also be incorporated into the City's housing plan or agreement
for the project
• The shuttle shall be operated by the developer and at the developer's sole
expense
• The developer and/or management company shall maintain a copy of the
shuttle's operating plan, including days, times, and frequency of service, with
the City's Planning Division and Public Works Agency
• The City can record a lien to collect any unpaid fines or monitoring costs
• The developer may require include lease provisions that limit the number of
vehicles a tenant may possess during the term of occupancy
• The developer and/or management company shall coordinate with the City's
Planning Division, Public Works Agency, and City Attorney's Office to document
and record the agreement
3. Prior to issuance of building permits for above -ground construction, the Applicant
shall provide the City of Santa Ana a copy of a recorded easement for reciprocal
access (ingress, egress, and fire access) for any and all proposed shared drive
aisle(s) between the project site and the adjacent property to the west.
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 on site at all times that the project is
occupied and the developer and onsite management shall at all times maintain a
24-hour emergency contact and contact information on file with the City.
6. All mechanical equipment shall be screened from view from public and courtyard
areas.
7. A final detailed amenity plan must be reviewed 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
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well as an installation plan. The exact specifications for these items are subject to
the review and approval by the Planning Division.
8. Prior to installation of landscaping, the 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. After project occupancy, landscaping and hardscape materials must be maintained
as shown on the approved landscape plans.
10. A Resident Storage Plan shall be provided for the project prior to occupancy.
Storage shall be available at no cost to the residents.
11. Prior to issuance of building permits, the 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.
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