HomeMy WebLinkAbout181008_RESO 2018-34_1660 E FIRST STREETRESOLUTION NO. 2018-34
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.
Resolution No. 2018-34
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.
Resolution No. 2018-34
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 cafe.
Resolution No. 2018-34
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: �.
Resolution No. 2018-34
AYES: Commissioners: MCLOUGHLIN, MENDOZA, NGUYEN, VERINO
(4)
NOES: Commissioners:
ABSENT: Commissioners: ALDERETE, CONTRERAS-LEO, REYNA (3)
ABSTENTIONS: Commissioners:
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. 2018-34 to be the original resolution adopted by the Planning
Commission of the City of Santa Ana on October 22, 2018.
Date: lO 0 Zz 11 g
Recording Secretary
City of Santa Ana
Resolution No. 2018-34
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 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. 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.
Resolution No. 2018-34
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
Resolution No. 2018-34
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.
Resolution No. 2018-34