HomeMy WebLinkAboutNS-2995 - Rezoing Properties Located at 2300, 2310, and 2320 South Redhill Avenue....LS 8.18.20
ORDINANCE NO. NS-2995
AN ORDINANCE OF THE CITY COUNCIL APPROVING
AMENDMENT APPLICATION NO. 2020-01 REZONING
THE PROPERTY LOCATED AT 2300, 2310, AND 2320
SOUTH REDHILL AVENUE FROM LIGHT INDUSTRIAL (M-
1) TO SPECIFIC DEVELOPMENT NO. 96 (SD-96) AND
ADOPTING SD-96 FOR SAID PROPERTY
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:
WHEREAS, Chapter 41, Article 1, Division 1, Section 41-1 of the Santa Ana
Municipal Code establishes the necessity of segregating the location of residences,
businesses, trades and industries; regulating the use of buildings, structures, and land
regulation; the location, height, bulk and size of buildings and structures, the size of
yards and open space; the City is divided into land -use districts of such number, shape
and area as may be considered best suited to carry out these regulations and provide
for their enforcement; and
WHEREAS, the regulations are considered necessary in order to: encourage
the most appropriate use of land, conserve and stabilize property value, provide
adequate open spaces for light and air and to prevent and fight fires, prevent undue
concentration of population, lessen congestion on streets and highways, and promote
the health, safety and general welfare of the people, all as part of the general plan of
the City; and
WHEREAS, the City of Santa Ana has adopted a zoning map which has since
been amended from time to time; and
WHEREAS, Jeremy Ogulnick, representing Arrimus Capital ("Applicant"), seeks
to develop a Mixed -Use Commercial and Residential Project ("proposed Project"), on a
14.69-acre site at 2300, 2310, and 2320 South Redhill Avenue in Santa Ana, California
("Project Site"); and
WHEREAS, during the City's entitlement and environmental review process, and
in response to comments and concerns raised by the City and public, the Applicant has
proposed the subject mixed -use Project; and
WHEREAS, the Project as currently proposed entails, among other things, (1)
demolition of the existing three (3) structures on the Project Site; (2) redevelopment of
the Project Site with a commercial and residential mixed -use development consisting of
Ordinance No. NS-2995
Page 1 of 9
up to 80,000 square feet leasable commercial area, 1,100 residential units, 2,600 onsite
parking spaces, and onsite landscaping and amenities; (3) approval of General Plan
Amendment (GPA) No. 2020-02, which would change the Project Site's existing land
use designation of Professional & Administration Office (PAO) to District Center (DC);
and (4) approval of Amendment Application (AA) No. 2020-01, which would change the
zoning of the Project Site from Light Industrial (M-1) to Specific Development No. 96
(SD-96) designation; and
WHEREAS, Applicant agrees to execute a Mutual Declaration of
Acknowledgement and Acceptance of Approval Conditions, signed by the developer
and property owner and recorded against the development property, attached hereto
and incorporated herein by reference as Exhibit C; and
WHEREAS, the requested Amendment Application would change the zoning
designation of the property from Light Industrial (M-1) to Specific Development No. 96
(SD-96) and adoption of Specific Development No. 96 to reflect this change in order to
facilitate the construction of the proposed Project; and
WHEREAS, Environmental Impact Report No. 2020-01 (State
Clearinghouse/SCH No. 2019080011) for the proposed Project was circulated
between January 3, 2020 to February 18, 2020; and
WHEREAS, the Environmental Impact Report analyzed the impacts related to
the proposed amendment to the zoning map and adoption of Specific Development
No. 96; and
WHEREAS, during the public comment period, a Planning Commission work-
study session was held on February 10, 2020 where staff presented proposed Project
and described the Draft EIR; and
WHEREAS, on May 11, 2020 and May 26, 2020, the Planning Commission
conducted a duly noticed public hearing to consider the EIR and the GPA, and AA
applications described above. After hearing all relevant testimony from staff, the public
and the City's consultant team, the Planning Commission voted to recommend that the
City Council certify the EIR and adopt the findings, the statement of overriding
considerations and the mitigation monitoring and reporting program and approve the
Project; and
WHEREAS, on August 6, 2020, the City gave public notice of a City Council
public hearing for consideration of Environmental Impact Report No. 2020-01 (State
Clearinghouse No. 2019080011) by advertising in the Orange County Register, a
newspaper of general circulation, and by mailing to owners of property and residents
within 500 feet of the Project; and
WHEREAS, on August 18, 2020, the City Council conducted a duly noticed
public hearing to consider the EIR, General Plan Amendment No. 2020-02, and
Ordinance No. NS-2995
Page 2 of 9
LS 8.18.20
Amendment Application No. 2020-01 and at which hearing members of the public were
afforded an opportunity to comment upon Environmental Impact Report No. 2020-01.
After hearing all relevant testimony from staff, the public and the City's consultant team,
the City Council voted to certify the EIR, adopt the findings, the statement of overriding
considerations and the mitigation monitoring and reporting program and approve the
Project; and
WHEREAS, the "EIR" consists of the Final EIR and all attachments and
appendices, as well as the Draft EIR and its attachments and appendices (as modified
by the Final EIR).
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA
DOES RESOLVE, DETERMINE, FIND, AND ORDER AS FOLLOWS:
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT: The City Council
has reviewed and certified Environmental Impact Report No. 2020-01; adopted the
Mitigation Monitoring and Reporting Program (MMRP); and adopted the Statement of
Overriding Consideration for the proposed Project, including this Amendment
Application No. 2020-01.
SECTION 3. AMENDMENT APPLICATION: The Amendment Application
consists of amendments to the zoning map (SDM IRS-9) and adoption of Specific
Development No. 96, as shown in Exhibit A and Exhibit B respectively, attached
hereto and incorporated herein by reference.
SECTION 4. LOCATION OF DOCUMENTS: The Amendment Application,
Environmental Impact Report and all supporting documents are online, on file and
available for public review at Santa Ana City Hall, 20 Civic Center Plaza, Santa Ana,
California 92702.
SECTION 5. GENERAL PLAN CONSISTENCY: The City Council hereby finds
that the proposed Amendment Application is compatible with the objectives, policies,
and general plan land use programs as amended by General Plan Amendment No.
2020-02 in that:
A. The proposed Amendment Application will not adversely affect the public
health, safety, and welfare in that the Amendment Application will not result
in incompatible land uses on adjacent properties, inconsistencies with any
General Plan goals or policies, or adverse impacts to the environment.
B. The amendment application to change the zoning designation from Light
Industrial (M-1) to Specific Development No. 96 (SD-96) is consistent with
Santa Ana Municipal Code section 41-593.1 for the following reasons:
Ordinance No. NS-2995
Page 3 of 9
(1) Protecting and enhancing the value of properties by encouraging the
use of good design principles and concepts, as related to the division of
property, site planning and individual improvements with full recognition
of the significance and effect they have on the proper planning and
development of adjacent and nearby properties.
The project's site plan has been designed to integrate the project site into
the surrounding community. The development's primary access points will
be from a right -in, right -out driveway on Redhill Avenue, and from a
signalized intersection on Warner Avenue. These access points have
been designed to ensure the safety of residents and visitors of the project
site, as well as commuters, employees, and residents of the surrounding
community.
Onsite circulation has been designed to ensure a high -quality pedestrian
experience, with wide sidewalks, a central paseo, and plazas and
courtyards that buffer or separate pedestrians from onsite vehicular
traffic. Moreover, the project has been broken into four primary buildings
and two freestanding commercial pads, which reduces the overall
massing of the project and creates a more pedestrian -scale village of
buildings onsite. The two future roadway connections on the project site
will allow the development to become integrated with the adjacent site to
the southwest, should an application for redevelopment be approved. (As
of the date of this ordinance, no application for redevelopment of the
adjacent site to the southwest has been submitted for the City's
consideration).
(2) Encouraging, securing and maintaining the orderly and harmonious
appearance, attractiveness and aesthetic development of structures
and grounds in order that the most appropriate use and value thereof
be determined and protected.
The project's six buildings on the 14.69-acre site are designed in a
cohesive manner with unifying materials, floor heights, and articulation
using contemporary architecture in an "industrial tech" style. High -
quality building materials will ensure long-term durability and
maintaining high value of the project, including metal trim, awnings,
railing, slats, and cladding; brick veneers and high -quality light sand
finish stucco; glass railing; and poured concrete forms. Onsite furniture
and details, such as lighting, waste receptacles, benches, tables, and
open space areas, have been designed to complement the site's
contemporary architecture. High ground -floor window and ceiling
heights will contribute to the high -quality commercial component of the
project site, which has been designed to create a dynamic, commercial
and residential village. These finishes and designs are consistent with
Ordinance No. NS-2995
Page 4 of 9
LS 8.18.20
the development standards and design guidelines found in the City's
mixed -use zoning areas such as the Transit Zoning Code and Metro
East Mixed Use (MEMU) Overlay Zone, as well as the Citywide Design
Guidelines.
Open space and amenities will be provided on the site in a variety of
means, including private unit balconies and patios, amenity decks atop
parking structures, ground -level courtyards, the central paseo, and the
central plaza. The resident open space areas will contain pools,
courtyards, exercise areas, relief areas for pets, and other amenities
typical to high -quality mixed -use developments found in Santa Ana and
in Orange County. Based on a standard of two (2) acres of public park
and/or recreational area per 1,000 residents (SAMC Sec. 35-108), the
proposed project would require 4.2 acres of parkland to serve the new
residents. The onsite total proposed open space is 183,363 square feet
(4.21 acres), which is consistent with the SAMC standard and with other
mixed -use projects that provide their own onsite public and private open
space areas.
(3) Providing a method whereby specific development plans are to be
based on the general plan as well as other regulations, programs, and
legislation as may, in the judgment of the city, be required for the
systematic execution of the general plan.
With approval of General Plan Amendment No. 2020-02, the Project will
be consistent with the General Plan Land Use Element. Although the
Project requires an amendment to the Land Use Element to allow for
residential use of the property, the Project still supports and is
consistent with several other overarching goals and policies of the
General Plan. For example, as described in the associated General
Plan Amendment No. 2020-02: Housing Element Goal 2, to create
diversity of quality housing, affordability levels, and living experiences that
accommodate Santa Ana's residents and workforce of all household types,
income levels, and age groups to foster an inclusive community. Land Use
Element Goal 4, to protect and enhance development sites and districts
which are unique community assets that enhance the quality of life. Urban
Design Element, Goal 1, to improve the physical appearance of the City
through development of districts that project a sense of place, positive
community image, and quality environment.
(4) Recognizing the interdependence of land values and aesthetics and
providing a method to implement this interdependence in order to
maintain the values of surrounding properties and improvements and
encouraging excellence of property development, compatible with the
general plan for, and character of, the city, with due regard for the
public and private interests involved.
Ordinance No. NS-2995
Page 5 of 9
The proposed development contains a large commercial component of
80,000 square feet of leasable retail, service, and restaurant area. This
volume of commercial space complements the residents, visitors, and
employees working and living on and around the project site.
The 80,000 square feet of leasable commercial area is among the largest
commercial components proposed in recent mixed -use developments.
For comparison, the Elan project (1660 East First Street) approved in
2018 contains 603 residential units and 20,000 square feet of commercial
space; the First American redevelopment (114 East Fifth Street)
approved in 2019 contains 220 residential units and 12,350 square feet
of commercial space, and The Heritage (2001 East Dyer Road), which is
under construction nearby, contains 1,221 residential units and 18,400
square feet of net new commercial square footage.
The mixture of land uses on the project site, including residential,
commercial, and open space, will contribute to the formation a dynamic
mixed -use village. The commercial and open space components will
serve both residents and visitors of the project site, as well as the large
daytime employee population working in the project site's immediate
vicinity.
(5) Ensuring that the public benefits derived from expenditures of public
funds for improvements and beautification of streets and public facilities
shall be protected by exercise of reasonable controls over the character
and design of private buildings, structures and open spaces.
The mixed -use development will utilize existing water, sewer, and
drainage infrastructure and will not result in the expansion of
infrastructure. In addition, the Project will not result in the expansion of
new or altered police or fire facilities. The Project will be subject to utility
user tax, property taxes based on the valuation of the new construction
and management company business taxes. The building facades and
new landscaping are designed to deter graffiti, existing sidewalks will be
removed and replaced with new sidewalks that are constructed to
current City standards, new street lights will be installed and the City's
Building Security Ordinance will be implemented which includes security
and crime preventing measures to help reduce City expenditures on
public services and maintenance. In addition, the development will be
subject to all required development impact fees.
Ordinance No. NS-2995
Page 6 of 9
LS 8.18.20
SECTION 6. INDEMNIFICATION. A. General Indemnification. The Applicant
shall indemnify, protect, defend and hold the City and/or any of its officials, officers,
employees, agents, departments, agencies, authorized volunteers, and
instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of
mandamus, and other and proceedings (whether legal, equitable, declaratory,
administrative or adjudicatory in nature), and alternative dispute resolution procedures
(including, but not limited to arbitrations, mediations, and such other procedures),
judgments, orders, and decisions (collectively "Actions"), brought against the City
and/or any of its officials, officers, employees, agents, departments, agencies, and
instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or
annul, any action of, or any permit or approval issued by the City and/or any of its
officials, officers, employees, agents, departments, agencies, and instrumentalities
thereof (including actions approved by the voters of the City) for or concerning the
project, whether such Actions are brought under the Ralph M. Brown Act, California
Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act,
Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local
constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court
of competent jurisdiction. It is expressly agreed that the City shall have the right to
approve, which approval will not be unreasonably withheld, the legal counsel providing
the City's defense, and that Applicant shall reimburse the City for any costs and
expenses directly and necessarily incurred by the City in the course of the defense.
City shall promptly notify the Applicant of any Action brought and City shall cooperate
with Applicant in the defense of the Action
B. Further Indemnification. Within five (5) days of receipt of a referendum
petition by the City, Applicant shall deposit Fifty Thousand Dollars
($50,000) ("Referendum Deposit") with the City. City may use the funds to
pay any and all costs associated with said referendum measure. If at any
time the Referendum Deposit account has Five Thousand Dollars ($5,000)
or less remaining, Applicant shall, within three (3) days of receiving notice
from the City, deposit with the City additional funds as requested by the
City to cover all costs and expenses associated with processing the
referendum and holding the related election. Following certification of the
election results, any funds remaining in the Referendum Deposit account
shall be returned to the Applicant.
SECTION 7. 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
sections, subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
Ordinance No. NS-2995
Page 7 of 9
SECTION 8.CITY COUNCIL ACTIONS: The City Council hereby takes the
following actions:
The City Council hereby adopts an Ordinance approving Amendment
Application No. 2020-01 as follows:
A. Subject to compliance with the adopted Mitigation Monitoring and Reporting
Program, the property at 2300, 2310, and 2320 shall be amended to Specific
Development No. 96 and the Specific Development No. 96 plan shall be
adopted as set forth in Exhibit A and Exhibit B, attached hereto and
incorporated herein by reference.
B. The Amendment Application shall not take effect unless and until
Environmental Impact Report No. 2020-01 and General Plan Amendment
No. 2020-02, are each certified and approved by the City Council.
SECTION 9. EXECUTION OF ORDINANCE. The Mayor shall sign this
Ordinance and the Clerk of the Council shall attest and certify to the adoption thereof.
ADOPTED this 15th day of September, 2020.
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By: '(g .' � C. 4G cam,
Lisa Storck
Assistant City Attorney
AYES:
NOES:
ABSTAIN:
NOT PRESENT
Ordinance No. NS-2995
Page 8 of 9
Councilmembers Bacerra, Mendoza, Penaloza Sarmiento,
Solorio (5)
Councilmembers Pulido Villegas (2)
Councilmembers None (0)
Councilmembers None (0)
LS 8.18.20
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify that the attached
Ordinance No. NS-2995 to be the original ordinance adopted by the City Council of the
City of Santa Ana on September 15, 2020, and that said ordinance was published in
accordance with the Charter of the City of Santa Ana.
Date:
Daisy Gomez
Clerk of the uncil
City of Santa Ana
Ordinance No. NS-2995
Page 9 of 9
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Exhibit:
THE WARNER REDHILL MIXED -USE
SPECIFIC DEVELOPMENT No. 96
Table of Contents
Introduction and Applicability of Ordinance ..............................................Page 3
a. Specific Development Location ....................................................Page 3
2. Purpose and Objectives.......................................................................Page 4
3. Land Use and Zoning.........................................................................Page 4
a. Density and Intensity.................................................................Page 4
b. Permitted Uses........................................................................Page 5
G. Development Standards.............................................................Page 6
d. Off -Street Parking Standards .......................................................Page 7
e. Open Space Requirements .........................................................Page 7
f. Walls/ Fences..........................................................................Page 7
4. Design and Performance Standards ......................................................Page 8
a. Materials, Finishes and Colors .....................................................Page 8
b. Exterior Lighting.......................................................................Page 8
c. Refuse Collection and Trash Enclosure .........................................Page 8
d. Utility and Mechanical Equipment .................................................Page 8
5. Public Realm and Landscape Design .....................................................Page 9
6. Signage and Wayfinding......................................................................Page 9
7. Public Art........................................................................................Page 10
8. Property Safety and Maintenance ........................................................Page
10
a.
On -Site Property Manager ........................................................Page
10
b.
Maintenance..........................................................................Page
10
c.
Crime Free Housing................................................................Page
10
d.
Building Security......................................................................Page
10
e.
Emergency Evacuation Plan ......................................................Page
11
f.
On Going Property Maintenance ................................................Page
11
g.
Avigation Easement.................................................................Page
12
Figures
Figure 1: Specific Development Area ..........................................................Page 3
Tables
Table 1: Permitted Uses..........................................................................Page 5
Table 2: Development Standards...............................................................Page 6
SECTION 1 — INTRODUCTION AND APPLICABILITY OF ORDINANCE
The purpose of The Warner Redhill Mixed -Use Specific Development (SD) zone (SD-
96) is to guide the redevelopment of an existing industrial site into a mixed -use and
pedestrian oriented development. SD-96 is authorized by Chapter 41, Division 26,
Section 41-593 et seq. of the Santa Ana Municipal Code (SAMC). SD-96 contains
specific standards and regulations for the purpose of establishing land use regulations
and development and operational standards for the development site. All other
applicable Chapters, Articles, and Sections of the SAMC are in full effect unless
expressly superseded by regulations contained within this specific development.
A. Specific Development Location
The specific development site is 14.37 acres and is located at 2300, 2310, and 2320
South Redhill Avenue in the City of Santa Ana. The site is located at the southwest
corner of Redhill Avenue and Warner Avenue. Regional access to the site is provided
via the Costa Mesa (SR-55) Freeway at the Dyer Road exit. Access to the site is
provided by Red Hill Avenue and Warner Avenue. The site is located within the
southeastern most portion of the City of Santa Ana adjacent to the cities of Tustin and
Irvine and the Tustin Legacy Specific Plan and the Irvine Business Complex.
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SECTION 2 — PURPOSE AND OBJECTIVES
The specific development is intended to redevelop an industrial site into a mixed -use
and pedestrian oriented community. Located at one of the City's southeastern
gateways, the specific development will function as a key focal center, and serve to link
Santa Ana to surrounding industrial, commercial and residential areas. SD-96 will meet
the following objectives:
1. Facilitate development of a mixed -use village containing commercial and multi-
family residential buildings, which would help meet the region's demand for
housing.
2. Transform an underutilized site with an economically viable development
consistent with other regional redevelopments in the Tustin Legacy Specific Plan
and Irvine Business Complex (IBC) and combines residential uses with
community -serving retail near employment opportunities, freeway access, and
transit.
3. Redevelop existing land uses that would utilize existing infrastructure, including:
water, sewer, arterial roadways, transit, and freeways; and provide non -vehicular
(pedestrian and bicycle) circulation.
4. Develop a mix of housing to assist the City in meeting its jobs/housing balance.
5. Provide onsite uses that reduce vehicular miles traveled (VMT) by providing an
internal pedestrian circulation system that links residential uses, recreation areas,
and retail/commercial areas onsite.
6. Implement the SCAG Regional Transportation Plan/Sustainable Communities
Strategy (RTP/SCS) Land Use Policies related to population and housing by
providing additional housing near employment centers.
SD-96 establishes standards and regulations for protecting the health, safety, and
general welfare of the people of the City by promoting and enhancing the value of
property and encouraging the orderly development of the property.
SECTION 3 — LAND USE AND ZONING
A. Density and Intensity
The maximum authorized building density and intensity for the project is a floor area
ratio (FAR) of 2.06, including residential areas, community -serving areas (e.g., leasing
office, gym and club room), commercial components, and interior corridors. The
maximum residential density permitted is 77 dwelling units per acre.
4
B. Permitted Uses
1. SD-96 permits the development of a mixed -use community consisting of 80,000
square feet of leasable commercial area to be constructed in conjunction with a
residential component consisting of up to 1,100 residential units configured in
live/work, stacked dwelling, lined block, or podium configurations.
2. This section identifies the permitted, conditional, and accessory or temporary
uses within the SD-96 area. Uses in the table are permitted subject to the
permit criteria referenced. Uses identified by a "P" are permitted by right,
those identified by a "CUP" are subject to a Conditional Use Permit, and those
identified by "LUC are subject to a Land Use Certificate.
Table 1: Permitted Uses
Commercial/retail and service uses such as
bakeries, bookstores, art galleries, food/grocery
P
stores (retail market), pet stores and similar uses.
Office uses. Professional, administrative and
business offices providing personal and
professional services, including medical and dental
P
offices, architects/engineers, and similar uses.
Service oriented office uses including insurance,
real estate, travel, finance (including walk-up
ATMs), creative office co -working (WeWork,
P
Common Desk, etc.), beauty salons, and similar
uses.
Health and Fitness Clubs
P
Tattoo/Body art establishment
P
Restaurants, cafes and eating establishments
P
Outdoor dining
P
Multi -family apartments and/or condominiums and
associated leasing offices and recreational/fitness
P
facilities.
Live/work lofts
P
Alcohol sales for on -site or off -site consumption
CUP
Subject to SAMC Sec.
41-196
Limited artisan/craft manufacturing, ancillary to a
primary allowed use
CUP
Pick-up windows
P
Food vending vehicles
LUC
Subject to Article XIV
Temporary outdoor activities
LUC
Subject to SAMC
Sec.41-195.5
5
Businesses operating between 12:00 a.m. CUP
(midnight) and 7:00 a.m.
Major wireless communication facilities CUP Subject to SAMC Sec.
41-198
Minor wireless communication facilities LUC Subject to SAMC Sec.
41-198
Any use not included shall be considered prohibited unless deemed to be similar to an
allowable use as interpreted by the Executive Director of the Planning and Building
Agency or his/her designee.
C. Development Standards
The development standards for SD-96 are subject to and shall comply with the
development approved plans per Development Project No. 2019-06 (DP No. 2019-06)
and the approved Mitigation Monitoring and Reporting Program (MMRP), attached
hereto as Attachment A and Attachment B for reference. The plans shall govern in the
event there is a conflict between the SD and the project plans. The following standards
in Table 3 are minimums unless otherwise indicated.
Table 2 — Development Standards
Density 77 dwelling units per acre
Floor Area Ratio (FAR) 2.06
Minimum Lot Size 14 acres (entire specific development area)
Building Height 7 Levels; 94 feet (not including subterranean
levels)
Building Setbacks:
Redhill Avenue Setback
10 feet minimum
Warner Avenue Setback
8 feet minimum
Interior Property Line Setback
10 feet minimum
Outdoor Dinning Setbacks:
Redhill Avenue Setback
6 feet minimum
(1) Prior to the issuance of building permits, any and all subdivision maps, lot line adjustments, or
voluntary lot mergers shall be approved and recorded.
D. Off -Street Parking Standards
The minimum off-street parking requirements for the development is as follows:
1. Two (2) vehicle parking spaces per residential unit, not to be less than 2,200
residential parking spaces;
2. Five (5) vehicle parking spaces per 1,000 square feet of gross floor area of
leasable commercial space, achieved through 351 parking spaces and 49
valet service spaces as administered per the approved Parking Management
Plan, attached hereto as Attachment C;
3. One (1) bicycle parking space per five (5) residential units and one (1) space
per each 7,500 square feet of commercial space; and
4. One (1) motorcycle parking space per every 250 vehicle parking spaces.
E. Open Space Requirements
The development shall provide open space, public plazas and pedestrian paseos as
shown on the approved plans.
1. Common Open Space: The project will provide a minimum of 15 percent of
the total lot size shall be open space in the form of common, landscaped
open space areas, pools, spas, deck, courtyard and lobby, interior community
room, dining room, gym, business room, etc.
2. Private Open Space: Each residential unit shall have a patio or balcony of a
minimum size of 50 square feet.
F. Walls/Fences
A new solid block wall with a minimum height of seven (7) feet shall be constructed
along the project site's entire perimeter, except in street -side landscape setback areas.
The block wall shall be designed to contain a decorative cap, regularly -spaced
decorative pilasters, and a decorative finish in accordance to the design provisions
contained within the most recent version of the City's design guidelines. Fences/walls
along Redhill Avenue and Warner Avenue properties lines are prohibited.
SECTION 4 — DESIGN AND PERFORMANCE STANDARDS
This section provides standards and guidelines to ensure the development is of high
quality and cohesive and to facilitate exterior alterations to the development.
A. Materials, Finishes and Colors
Exterior building and exterior parking structure materials, finishes and colors for the
project shall comply with the approved materials board submitted for the project and as
approved by the Planning and Building Agency Executive Director. Any changes to the
materials, finishes and colors shall be approved by the Planning and Building Agency
Executive Director. All trash enclosures and similar ancillary structures shall match the
texture, material and color of the primary building. Double -paned windows shall be
installed for the project as a means to further reduce noise levels.
B. Exterior Lighting
An exterior lighting plan for the security and safety of on -site areas such as building
entrances, parking, loading, pedestrian walkways, alley walkways and open space
areas shall be provided to the Planning and Building Agency Director for review and
approval. A minimum of one foot-candle evenly distributed across a parking lot is
recommended. At entrances and loading areas, up to 2 foot-candles may be
appropriate. Decorative night lighting is required. Low energy lights, such as LED lights
or solar powered lights, shall be used whenever possible. Light fixtures and their
structural support shall be designed to be architecturally compatible with the main
buildings on -site. Direct glare onto adjoining property, streets, or skyward shall be
avoided. All lighting fixtures shall be shielded to confine light spread on -site.
C. Refuse Collection and Trash Enclosure
Bins for recycling and any other refuse mandated by the State of California shall be
provided for all uses in trash enclosures. There shall be an onsite designated trash
staging area only to be used on service days and the staging area and bins shall not
disrupt vehicular use of streets or drive aisles. The minimum requirements needed to
service the development shall be clearly indicated on the plans and subject to the
approval of the Public Works Agency.
D. Utility and Mechanical Equipment
All utility lines shall be placed underground except where required to be above -ground
by utility providers. Where equipment is located above -ground, it shall be screened from
public view. This includes all ground, wall, and roof mounted equipment. Screening
elements shall be an integral part of the building; no screening method shall give the
appearance of being "tacked on." Typical ground -mounted equipment shall be
adequately screened with decorative walls and/or landscaping.
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SECTION 5 — PUBLIC REALM AND LANDSCAPE DESIGN STANDARDS
A detailed and comprehensive Public Realm and Landscape Plan shall be submitted to
the Planning and Building Agency Executive Director or his/her designee for review and
approval prior to the issuance of building permits.
The plan shall comply with the City's Water Efficient Landscape Ordinance (WELO)
Chapter 41, Article XVI of the SAMC. The plan shall include an irrigation system layout
with the location of controllers and points of connection with data on valve sizes and
gallons per minute (G.P.M.), the size and location of sleeves and all spray heads,
including the location of conventional systems and drip systems; an irrigation legend
with complete specifications; irrigation notes and construction details of all assemblies
and components; a recommended irrigation schedule, preferably on an annual basis;
and a summary block on the initial page of submitted plans that will present the above
information clearly and accurately.
The plan shall include a Plant Legend containing: plant symbol, scientific name of plant
material, common name of plant material, plant container size, and plant spacing. Very
low, low and medium water usage plant materials are encouraged.
The plan shall include details of site furnishings. Site furnishing should be compatible in
style with the buildings and selected to bring comfort, scale and design expression to
the streetscape. These must also be highly durable and easy to maintain. Planters and
pots should be used to complement the project architecture and other site amenities;
avoiding obstructions to pedestrian traffic flow with planters and pots. All elements of
the furniture palette should be uniform.
Landscaping for the project shall be completed in phases by building and shall be
installed and inspected prior to occupancy of units within that building. The Owner shall
be responsible for maintaining all common area landscaping within the development.
SECTION 6 — SIGNAGE AND WAYFINDING
A comprehensive sign program shall be submitted for review and approval by the
Planning and Building Agency Executive Director or his or her designee prior to the
issuance of building permits. The sign program may include creative signage where the
contents and standards of the sign program are not consistent with the Santa Ana
Municipal Code, provided the sign program complements the form and function of the
building and contributes to the aesthetics of the project.
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SECTION 7 — PUBLIC ART
A Public Art Program shall be submitted to the Planning and Building Executive Director
for review and approval prior to the issuance of building permits. Public Art shall be
installed and maintained with a value equivalent to one-half of one percent (0.5%) of the
total construction cost of the development. Total construction cost shall mean all design,
engineering and construction costs.
SECTION 8 — PROPERTY SAFETY AND MAINTENANCE
A. On -Site Property Manager
The specific development area shall include 24-hour on -site Property Management
services and personnel. Up-to-date 24-hour contact information for the on -site
personnel shall be provided to the following City Agencies on an ongoing basis:
1. Police Department,
2. Fire Authority,
3. Planning and Building Agency, and
4. Community Development Agency.
B. Maintenance
The property shall be maintained free of trash, debris and graffiti. Graffiti shall be
removed within 24-hours after its appearance in accordance with Section 10-227 of the
Santa Ana Municipal Code.
C. Crime Free Housing
Prior to submittal into building plan check, a Crime Free Housing Plan shall be
submitted for review and approval by the Planning and Building Agency Director. The
Plan shall be approved prior to occupancy of the first unit and shall be implemented and
administered by the Owner.
D. Building Security.
All structures and parking lots shall comply with the provisions of Chapter 8, Article Il,
Division 3 of the Santa Ana Municipal Code (Building Security Ordinance).
E. Emergency Evacuation Plan.
An approved Emergency Evacuation Plan (EEP) from City Police and Fire Protection
agencies shall be on file for the project. Up-to-date 24-hour emergency contact
information for the on -site personnel shall be provided to the City on an ongoing basis
and the approved EEP shall be kept onsite and also be submitted to the following City
Agencies:
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1. Police Department
2. Orange County Fire Authority
3. Planning and Building Agency
4. Community Development Agency
F. On Going Property Maintenance.
Developer (and the owner of the property upon which the authorized use and/or
authorized improvements are located if different from the Developer) 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:
1. 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.);
2. 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);
3. Ongoing compliance with approved design and construction parameters,
signage parameters and restrictions as well as landscape designs, as
applicable;
4. Ongoing maintenance, repair and upkeep of the property and all
improvements located thereupon at all times (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);
5. 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;
6. 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;
7. 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; and
8. 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.
G. Avigation Easement.
Developer (and the owner of the property upon which the authorized use and/or
authorized improvements are located if different from the Developer) shall, prior to
issuance of a building permit, execute and record an avigation easement on the area
governed by this specific development.
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ATTACHMENT A: Attached to the Agenda as "Plans."
ATTACHMENT B: Attached to the Staff Report as Exhibit B to Exhibit 2
ATTACHMENT C: Attached to the Staff Report as Exhibit 7
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