HomeMy WebLinkAboutRESO 2022-14_1411 N. BroadwayRESOLUTION NO. 2022-14
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING DENSITY BONUS
AGREEMENT APPLICATION NO. 2022-01 AS
CONDITIONED FOR A NEW PERMANENT SUPPORTIVE
HOUSING DEVELOPMENT FOR THE PROPERTY
LOCATED 1411 NORTH BROADWAY
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:
Brateil Aghasi, representing WISEPIace, on behalf of WISEPIace, a
California nonprofit public benefit corporation (Property Owner), is
requesting approval of Density Bonus Agreement Application No. 2022-01,
;as conditioned, to allow the construction of an affordable 48-unit permanent
supportive housing community at 1411 North Broadway.
2. The City's Adaptive Reuse Ordinance was adopted in 2014 in support of
the General Plan policies of encouraging high -density residential
development within the City's District Centers, in support of projects that
contribute to the redevelopment and revitalization of the urban centers,
promotion of rehabilitation of commercial properties, and support of
development which provides a positive contribution to neighborhood
character and identity. The City found and determined that the Adaptive
Reuse Ordinance was consistent with the General Plan of the City of Santa
Ana.
3. The California Density Bonus law allo
base density for providing on -site hou:
affordable units on site. To help make
feasible, the law allows developers
waivers that would help the project be
without detriment to public health.
Ns developers to seek increases in
>ing units in exchange for providing
constructing on -site affordable units
to seek incentives/concessions or
built without significant burden and
4. The project is eligible to exercise its ability to seek State density bonus
incentives and/or concessions because it is a 100-percent affordable
project for permanent supportive housing, less one (1) manager's unit.
However, the project does not seek an increase in allowable dwelling units
as the project is designed as an adaptive reuse project.
5. On March 3, 2022, the Historic Resources Commission (HRC) held a duly
noticed public hearing to consider Historic Exterior Modification Application
(HEMA) No. 2022-02 to allow exterior modifications to the historic Santa
Resolution No. 2022-14
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Ana -Tustin Young Women's Christian Association (YWCA) building. The
HRC recommended approval of HEMA No. 2022-02, with added conditions,
by a vote of 8:0 (Commissioner Frazier absent).
6. Density Bonus Agreement Application No. 2022-01 was originally
agendized for the April 25, 2022, Planning Commission meeting. However,
at the request of staff the Planning Commission voted to continue the item
to the May 9, 2022, Planning Commission meeting, without opening up the
public hearing for testimony, written and oral.
7. On May 9, 2022, the Planning Commission of the City of Santa Ana held
the duly noticed, continued public hearing regarding the density bonus
application and at that time considered all testimony, written and oral.
8. Section 41-1607,ofithe Santa Ana Municipal Code (SAMC) requires an
application •for a density bonus agreement containing deviations
(incentives/concessions and/or waivers) to be approved by the Planning
Commission.
9. The Planning Commission determines that the following findings, which
must be established in order to grant this Density Bonus Agreement
application pursuant to SAMC Section 41-1607, have been established for
Density Bonus Agreement No. 2022-01 to allow construction of the
proposed project:
1. The proposed development will materially assist in accomplishing
the goal of providing affordable housing opportunities in
economically balanced communities throughout the city.
The proposed development will provide 47 permanent
supportive rental -housing units and one (1) onsite manager
unit, contributing toward the City's rental housing stock to
serve the needs of diverse and underserved populations. The
request satisfies the purpose and intent of the City's Adaptive
Reuse Ordinance and the Midtown Specific Plan (SP-3)
zoning designation to promote a pedestrian -oriented
environment with a mix of land uses, and will provide
additional affordable housing stock to an underserved
segment of the region's population. Moreover, 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.
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The development will not be inconsistent with the purpose of the
underlying zone or applicable designation in the general plan land
use element.
At the time of adoption, the City found that the Adaptive Reuse
Ordinance would not adversely affect the character, livability
or appropriate development in the City and that the adaptive
reuse ordinance is consistent with the goals, objectives and
provisions of the City's General Plan. Pursuant to the
ordinance, residential uses are permitted in the project
incentive areas irrespective of the underlying zoning as part
of an approved adaptive reuse project.
.Therefore, pursuant to the Adaptive Reuse Ordinance, the
proposed project is found and determined to be consistent
with ; the purpose of the underlying zone or applicable
designation in the general plan land use element. Moreover,
the project supports the Adaptive Reuse Ordinance and
General Plan policies of: encouraging high -density residential
development within the City's District Centers; promoting
rehabilitation of commercial properties; supporting
development which provides a positive contribution to
neighborhood character and identity; encouraging the
retention and reuse of historical buildings and sites; and
encourage development which provides a clean and safe
environment for the City's residents, workers and visitors.
3. 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 two deviations through
incentives/concessions: (1) Building Height and Number of
Stories; and (2) Underground Utility Installations. The two
deviations are described as follows:
Building Height and Number of Stories
(Incentive/Concession)
The maximum height permitted in the Corridor District of the
Midtown Specific Plan (SP-3) is 35 feet or three stories
(whichever is less). As proposed, the height of the new
structure would be 54 feet, six inches (54'6"), and four -stories.
The proposed fourth story is needed to make construction of
the residential development financially feasible. As designed,
the upper three levels above the ground floor parking are
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needed to accommodate space for 45 of the on -site affordable
units. The proposed parking stalls account for one above -
grade level of the building, adding to the overall height of the
development and restricting the residential units to three
levels. The application of the three-story maximum building
height standard would physically preclude construction of the
permanent supportive housing project.
Lastly, the proposed new construction will only be a few
inches taller than the existing north -south wing (two-story
portion) of the Santa Ana -Tustin YWCA building. Additionally,
the new construction will be significantly set back from North
Broadway in order to minimize its visibility and overall visual
impact on the historic character of the existing building from
the public right-of-way.
Underground Utility Installations (Inventive/Concession)
The SAMC requires that all utilities be installed underground
when: (1) Any property is developed with a new or relocated
buildingor structure; or (2) When an addition is proposed to a
multi -family or non-residential structure in excess of twenty-
five (25) percent of the existing floor area. The existing project
site conditions include an overhead utility pole with overhead
power lines over the existing building along with a recorded
SCE easement.
The design is proposed to preserve the historic materials and
features of the east -west wing (one-story portion) of the Santa
Ana -Tustin YWCA building, including its overall form, low-
pitched clay tile roof, board -formed concrete walls, north
fagade porch, French doors, most steel windows.
Undergrounding the existing overhead power lines would
compromise the historic one-story portion and would result in
the demolition of the historic materials and features, to a point
where the essential form and integrity of the historic building
and its environment would be impaired. Therefore, the project
would not comply with Chapter 30 (Places of Historical And
Architectural Significance) of the SAMC, nor comply with the
Secretary of the Interior Standards, and would potentially
result in a loss of a cultural resource.
Lastly, the undergrounding of the overhead power lines would
result in the loss of three units, and essential services to the
residential community, including offices, a training center, and
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a community room. In order to maintain the current proposed
unit count and offer the proposed site amenities, the
developer would be required to provide new construction
(rather than adaptive reuse), further increasing development
costs.
When analyzed cumulatively, the two requested concessions
could be avoided if the project were designed on a different
site, using a different site plan, or demolished a cultural
resource. If the project were designed with a subterranean
parking structure, designed with reduced massing (one less
- level), or designed to demolish and replace the one-story
portion of the historic building, additional area on site would
become available to allow for the undergrounding the
overhead utilities, and would allow the project to meet the
required height requirement. However, these changes would
reduce the number of units that could be constructed on the
site and therefore reduce the number of affordable housing
units that would result from the project. In addition, the
changes would increase development costs and reduce the
financial feasibility of redeveloping the site, resulting in the
affordable housing project becoming financially infeasible due
to the significantly increased financial implications.
10. 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, the
recommended action is exempt from further review under Section 15194 (Affordable
Housing Exemption), as this project meets all the required criteria as a 100-percent
affordable/permanent supportive housing development. Based on this analysis, a Notice of
Exemption, Environmental Review No. 2022-05 will be filed for this project.
Section 3. 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, referendum, and other 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
Resolution No. 2022-14
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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
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.
Section 4. The Planning Commission of the City of Santa Ana, after conducting
the public hearing, hereby approves Density Bonus Agreement No. 2022-01 as
conditioned for the construction of an affordable 48-unit rental residential community for
the project located at 1411 North Broadway, as conditioned in Exhibit A, attached hereto
and incorporated herein. This decision is based upon the evidence submitted at the
above -referenced hearing, which includes, but is not limited to: the Request for Planning
Commission Action dated May 9, 2022, and exhibits attached thereto; and the public
testimony, written and oral, all of which are incorporated herein by this reference.
ADOPTED this 9th day of May, 2022 by the following vote:
AYES: Commissioners: ALDERETE, CALDERON, MORRISSEY, RAMOS,
WOO (5)
NOES: Commissioners:
ABSENT:, Commissioners: MCLOUGHLIN, PHAM (2)
ABSTENTIONS: Commissioners:
Thomas Morrissey
Chairperson
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:
Ryan O, odje
Assistan City Attorney
Resolution No. 2022-14
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CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, CHRISTINA LEONARD Recording Secretary, do hereby attest to and certify the
attached Resolution No. 2022-14 to be the original resolution adopted by the Planning
Commission of the City of Santa Ana on May 9, 2022.
Date: �113 9-2w , C,� �Y
Recording Secretary
City of Santa Ana
Resolution No. 2022-14
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EXHIBIT A
Conditions for Approval for Density Bonus Agreement Application No. 2022-01
Density Bonus Agreement Application No. 2022-01 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 must comply with each and every condition listed below prior to exercising
the rights conferred by the Density Bonus Agreement.
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/termination of the Density Bonus Agreement.
All proposed site improvements must conform to the Development Project (DP)
Review approval of DP No: 2022-01 and Historic Exterior Modification Application
(HEMA) No. 2022-02.
2. Any amendment to the DP No. 2022-01 or HEMA No. 2022-02, 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 Development Project Review or Historic Exterior Modification Application must
be amended.
3. A residential property manager shall live on site, and the Applicant and onsite
management shall at all times maintain a 24-hour emergency contact and contact
information on file with the City.
4. All mechanical equipment shall be screened from view from public and courtyard
areas.
5. Plans submitted for building plan check shall depict and dimension all existing
topography, within the public right-of-way, along the property frontage (i.e., trees,
driveway approach, street signs, streetlights, etc.).
6. Plans submitted for building plan check shall depict and note the installation of all
public utilities required to service the project site (i.e., new sewer lateral, water
laterals, fire service, irrigation laterals and storm drain).
7. Plans submitted for building plan check shall depict and note all existing
easements, per the current title report. Moreover, the applicant shall submit copies
of all the referenced and supporting documents defining each easement, as well
as clarify easements on the site plan and/or Alta/ACSM Land Title Survey.
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8. Plans submitted for building plan check shall depict and note the removal of
abandoned driveway(s) and replacement with sidewalk, curb and gutter (per City
Standards.)
9. Plans submitted for building plan check shall depict and note the removal and
reconstruction of the concrete sidewalk along the entire property frontage of
Sycamore Street, with tree wells.
10. Plans submitted for building plan check shall depict and note the relocation of any
and all utility to be 10-feet minimum away from the driveways top of the "X".
11. Plans submitted for building plan check shall depict and note the removal of the
PCC pavement for half of the street width, along the property frontage on
Sycamore Street and reconstruction of full depth (8-inch) PCC pavement per City
Standards, and the approved street improvement plans.
12. The applicant shall provide a will serve letter obtained from Republic Services. The
trash service shall be required to be roll -off, where the waste truck operator pulls
the bin out to the street. Moreover, the trash enclosure shall be close enough to
the street for roll -off service. Lastly, the trash enclosure shall be designed to handle
new waste requirements per Senate Bill (SB) 1383.
13. Plans submitted for building plan check shall include a note to read, "The
Developer agrees to enter into a Maintenance Agreement with the City for the
maintenance of all improvements within the public right-of-way. The Maintenance
Agreement shall include and note the affirmative obligation by the Developer to
maintain all improvements in the public right-of-way, which include the meandering
sidewalk 20 feet on either side of the trash enclosure and ramp. The area shall be
free of debris, oil, and any hazardous material that might endanger pedestrians
and subject to cleaning in accordance with all state and federal laws. The cost of
such maintenance shall be exclusively borne by the Developer".
14. The applicant shall provide to the City of Santa Ana a letter requesting the removal
of any existing street tree(s) that conflict with the proposed improvements. Any
street tree removal within the public right-of-way is subject to approval by the
Environmental and Transportation Advisory Committee (ETAC). The City will
present the information to the ETAC committee for action.
15. Plans submitted for building plan check shall include a note to read, "This site will
be designed and constructed in accordance with the California Regional Water
Quality Control Board Santa Ana Region Order No. R8-2009-0030 discharge
requirements (MS4 Permit)."
16. 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,
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lighting concepts and outdoor furniture for amenity, plaza, or courtyard areas as
well as an installation plan. The exact specifications for these items are subject to
the review and approval by the Planning Division.
17. 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 narne
and location of the supplier.
18.
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.
19. Prior to any structural modification/demolition activities, the Applicant shall retain,
at its sole expense, a professional who meets the Secretary of the Interior's
Historic Preservation Professional Qualifications Standards ("Professional"). The
Professional should have experience in architectural historic preservation and
adaptive re -use of historic structures. The Professional shall be onsite to monitor
the complete demolition of the two-story portion and the partial demolition of the
one-story portion of the historic Santa Ana -Tustin YWCA building. The partial
demolition of the one-story portion shall be consistent with Secretary of the
Interior's Standards (the "Standards") for the Treatment of Historic Properties with
Guidelines for Preserving, Rehabilitating, Restoring, & Reconstructing Historic
Buildings (Kay D. Weeks and Anne E. Grimmer, revised 2017).
20.
21.
22.
The Professional shall ensure that the project will not result in the demolition of the
Santa Ana -Tustin YWCA building. The one-story portion of the building (east -west
wing), which has only been minimally altered and is the portion of the building most
visible from the public right-of-way, shall be retained and rehabilitated and shall
continue to retain all of its character -defining features.
Five (5) calendar days prior to any structural modification/demolition activities, the
Applicant shall provide written and electronic notice of the start date for the removal
work to the following organizations and the City: Santa Ana Planning and Building
Agency, Santa Ana Planning Commission, and Santa Ana Historic Resources
Commission. Notice shall be provided via email if available and in writing and
delivered by overnight delivery to the address on record with the City for each
named organization.
After project occupancy, landscaping and hardscape materials must be maintained
as shown on the approved landscape plans.
Prior to final occupancy, a Property Maintenance Agreement must be recorded
against the property. The agreement will be subject to review and applicability by
Resolution No. 2022-14
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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, Applicant (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:
(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 and immediately adjacent to the property; the proper and timely
removal of graffiti; the timely maintenance, repair and upkeep of damaged,
vandalized and/orweathered 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 Applicant 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
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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.
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