HomeMy WebLinkAbout2023-080 - Approving Density Bonus Agreement No. 2023-02RESOLUTION NO. 2023-080
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA APPROVING DENSITY BONUS AGREEMENT
NO. 2023-02 AS CONDITIONED FOR A NEW RENTAL
RESIDENTIAL DEVELOPMENT WITH TWENTY-TWO
UNITS FOR THE PROPERTY LOCATED AT 322 NORTH
HARBOR BOULEVARD (APN: 198-051-17)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. The Jager Company, Ltd. (Applicant), on behalf of P&P Bros Corp. (Property
Owner), is requesting approval of Density Bonus Agreement (DBA) No. 2023-
02 to allow the construction of a rental residential development, consisting of
twenty-two apartment units with two units proposed as affordable to very low
income households earning less than 50 percent of the area median income
(AMI) for the property located at 322 N. Harbor Boulevard.
B. The Harbor Mixed Use Transit Corridor Specific Plan was adopted in 2014 to
lay the foundation for a more livable and sustainable corridor by creating zoning
to allow for new housing and mixed -use development opportunities, providing
development flexibility to meet market demands, using a multimodal approach
to circulation, and creating a stronger identity for the area. The regulating plan,
which establishes land uses and development standards, allows a variety of
housing and commercial projects, including affordable residential communities,
live/work units, service and retail, and professional 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 incentivize constructing on -site affordable units, the law allows
developers to seek a density bonus that allows a project to exceed local
density restrictions, as specified by state law, as well as incentives/concessions
or waivers that would help the project be built without significant burden and
without detriment to public health.
D. The Applicant's request has been thoroughly evaluated by the City's
Development Review Committee (DRC) through Development Project No.
2022-03. Through this review, the DRC has considered the subject site,
proposed development, and the Applicant's requests for a density bonus, and
requested incentives/concessions and waivers pursuant to the State's Density
Bonus Law.
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E. Section 41-1607 of the 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.
F. On September 25, 2023, 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 and unanimously voted to approve Site Plan Review (SPR) No. 2023-
02 as conditioned, and recommended that the City Council approve Density
Bonus Agreement No. 2023-02 as conditioned.
G. On November 21, 2023, the City Council of the City of Santa Ana held a duly
noticed public meeting and at that time considered all testimony, written and oral.
H. The City Council 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. 2023-02 to allow construction of the proposed project:
That 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 twenty-two residential
rental units, including two units for very low income
households, 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
Harbor Mixed Use Transit Corridor, currently contains a mix
of uses, including single-family residential, medium and
medium -high density apartments, townhomes, and
neighborhood- serving commercial. 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 in an area already identified in both the City's
Zoning Code (the Harbor Mixed Use Transit Corridor) and
General Plan (the Land Use and Housing elements) for new
residential communities. Moreover, the City's General Plan land
use designation for the project site is Urban Neighborhood -
Medium High (UN-50), which allows for the development of
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semi -urban villages that are well connected to schools, parks,
and shopping centers. These areas are accessible by multiple
modes of transportation, have lively and pedestrian -friendly
streetscapes, and are designed to foster community interaction.
This designation allows a mix of uses, including medium and
medium -high density apartments, townhomes, garden- or
motor -court homes, and neighborhood- serving commercial.
Mixed -use projects are allowed in both horizontal
configurations, with commercial and residential uses side -by -
side, and vertical, with commercial uses on the ground floor and
residential above. Lastly, the proposed density of 64.71
dwelling units per acre (dulac) is within the limits established by
the California Density Bonus Law for an eleven -percent
affordability rate for two very -low income units.
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 two deviations through
incentives/concessions: (1) minimum common open space
and (2) building frontage type/floor height; as well as two
deviations through a waiver; (1) lot size/width; and (2) onsite
open space (i.e., open to the sky, open space design, and
interior open space). The deviations are described as follows:
Minimum Common Open Space Requirement
Table 3-9 (Onsite Open Space Requirements) in the Harbor
Mixed -Use Transit Corridor Plan (SP2) requires a minimum of
15 percent of the lot size to be provided as common open
space or plaza space.
As proposed, the project provides 5 percent common open
space or 800 square feet in the form of a common open deck
on the second floor. Strict adherence to this common open
space requirement would result in a reduction in the number
of units that can be provided in the overall project, thus not
achieving the full 35-percent density bonus to which the
Applicant is entitled and affecting the feasibility to construct
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the project. In order to provide the required common open
space and maintain the current proposed unit count, the
developer would be required to construct additional floor
levels, which would exceed the maximum allowable height as
part of the Harbor Mixed Use Transit Corridor Plan (SP-2),
and would further increase development costs making the
project economically infeasible. To help alleviate the common
open space deficiency, the project proposes a 1,477-square-
foot community room, a separate fitness room, and an
average of 50 square feet of private open space per unit
(1,100 square feet total), through use of private
balconies/decks for each unit.
Building Frontage Type and Floor Height Requirement
(Incentive/Concession)
Table 3-4 (Frontage Floor Height Minimums and Districts) of
the SP2 indicate that arcade, gallery, shop front, forecourt,
stop, and front yard/porch are the six allowed frontage types.
As proposed, the project does not identify a frontage type that
is consistent with SP2.
Maintaining the required frontage type and minimum floor
heights would result in a complete site and architectural
redesign, involving more of the site area dedicated to the
frontages design. In order to maintain the current proposed
unit count, the developer would be required to redesign the
site and elevation design, further increasing development
costs and potentially leading to a loss of residential units, and
a loss of further open space. Additionally, adherence to the
frontage and floor height minimum requirements would be
economically infeasible, as it would require additional cost to
provide the materials required for the allowed frontage types.
Lot Size/Width (Stacked Dwelling building type) (Waiver)
Table 3-3 (Building Type and Form) of the SP2 required
Stacked Dwellings to have the minimum lot size dimensions
of 130 feet deep and 125-200 feet wide. As proposed, the
project is located in a lot with the lot size dimensions of 148.25
feet deep and 100 feet wide.
The proposed development is located on an existing lot
surrounded by existing commercial and residential
development. Specifically, the project is abutting an
apartment complex that was first constructed in 1986 to the
west and commercial buildings that were constructed in 1962
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to the north and south. In order to comply with lot width
standards, the developer would be required to purchase a lot
to the north or south and demolish the existing development
on either site. This would result in increasing costs and would
make the project infeasible. Moreover, the development site
and adjacent properties all have smaller than average lot
widths, compared lots along north Harbor Boulevard. These
lots range in lot depth and width, but most exceed 200 feet in
lot width. In comparison, the site would have a lot width and
depth of 148.25 feet deep and 100 feet wide, with a deviation
of25 feet for the minimum required lot width. Although the site
has a deviation of 25 feet in the lot width, the Applicant's
stacked dwelling building design still accomplishes the
intention of the SP2 by providing a compatible design and
balanced composition of massing on the project site, with
appropriate interior floor area and individual unit sizes.
Onsite Open Space (Stacked Dwelling building type) (Waiver)
Pursuant to the Open Space Standards in SP2, the total
onsite open space open to the sky must be two-thirds and
designed as a courtyard or forecourt. Based on the lot size for
the proposed project, the total onsite open space open to the
sky should be 1,482 square feet and designed as a courtyard
orforecourt. As proposed, the project will have an 800 square -
foot deck.
As proposed, the project provides 800 square feet of open
space that is designed as a deck open to the sky. The deck
will be furnished, landscaped, and connected to the interior
1,477-square-foot community room. The proposed
configuration would provide a contiguous 2,277 square feet of
open space. Strict adherence to the two-thirds requirement
would lead to the elimination of two or more units, which would
affect the feasibility to construct the project. In order to
maintain the current proposed unit count, the developer would
be required to construct additional floor levels or required to
provide underground parking, which would further increase
development costs and make the project financially infeasible.
Moreover, due to the site's limited size, the project proposed
podium level parking, and the residential units stacked above
the podium parking. Creating a courtyard or forecourt, would
result in the project reducing the number of units by two or
more in order to adhere to the open space standards
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Section 2. In accordance with the California Environmental Quality Act (CEQA)
and the CEQA Guidelines, an Environmental Impact Report (EIR) was prepared and
certified in 2014 in order to address the potential environmental impacts associated with the
Harbor Mixed Use Plan. A mitigation monitoring and reporting program (MMRP), findings of fact,
and a statement of overriding consideration were adopted with the 2014 EIR. As proposed, the
development is not anticipated to have additional environmental impacts not addressed in the
2014 EIR. Therefore, no additional environmental review will be required. Based on this analysis, a
Notice of Exemption, Environmental Review No. 2022-12 will be filed for this project. However, all
applicable mitigation measures in the original EIR and associated MMRP will be enforced.
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
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 City Council of the City of Santa Ana, after conducting the public
hearing, hereby approves Density Bonus Agreement No. 2023-02 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 September 25, 2023, and exhibits
attached thereto; the Request for City Council Action dated November 21, 2023, and
exhibits attached thereto; and the public testimony, written and oral, all of which are
incorporated herein by this reference.
ADOPTED this 21st day of November 2023.
Resolution No. 2023-080
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APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By: " k . � v-
Jose Montoya
Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
Amezcua Bacerra Hernandez Lopez,
Penaloza, Phan, Vazquez (7)
None (0)
None (0)
NOT PRESENT: Councilmembers None (0)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
1, JENNIFER L. HALL, City Clerk, do hereby attest to and certify the attached Resolution
No. 2023-080 to be the original resolution adopted by the City Council of the City of Santa
Ana on November 21, 2023.
Date: 3
nnifer L. I
erk
City of Santa Ana
Resolution No. 2023-080
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EXHIBIT A
Conditions for Approval for Density Bonus Agreement Application No. 2023-02
Density Bonus Agreement Application No. 2023-02 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 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.
1. All proposed site improvements must conform to the Development Project (DP)
approval of DP No. 2022-03.
2. Any amendment to the DP No. 2022-03, 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 must be amended.
3. All mechanical equipment shall be screened from view from public and courtyard
areas.
4. 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.
5. Prior to issuance of building permits, the Applicant shall provide written
notification to the residential community located to the west of the site. This
notification shall include comprehensive information about the nature of the
proposed activities, anticipated timelines, and contact information for inquiries.
The notification shall be delivered via certified mail. Additionally, a designated
representative shall be available to address any concerns or inquiries raised by
the residential community during this notification period.
6. Prior to issuance of building permits, the Applicant shall submit to the Planning
Division and have approved a Parking Management Plan (PMP). The PMP shall
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provide for measures to address any parking shortages that may result from the
project, with terms including but not limited to:
a. Requiring onsite parking permits (such as stickers or hang -tags) for any
parking in the onsite parking spaces for both residents and guests;
b. Policies for maximum time vehicles may be parked in the surface parking
spaces, including any guest parking; and
c. Policies for towing unauthorized vehicles; vehicles parked in unauthorized
locations, such as fire lanes; vehicles parking in surface guest parking
without a sticker, hang -tag, or other identifiers; and vehicles parked longer
than any maximum guest parking timeframes allowed.
7. Two weeks prior to the commencement of construction, notification must be
provided to property owners within 500 feet of the project site disclosing the
construction schedule, including the various types of activities that would be
occurring throughout the duration of the construction period.
8. Prior to installation of landscaping, the Applicant shall submit representative
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. Prior to final occupancy, a Property Maintenance Agreement must be recorded
against the property. The agreement will be subject to review and applicability by
the Planning and Building Agency, the Community Development Agency, the
Public Works Agency, and the City Attorney to ensure that the property and all
improvements located thereupon are properly maintained, 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
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and noise mitigation measure; adherence to approved project phasing
etc.);
b. Compliance with ongoing operational conditions, requirements and
restrictions, as applicable (including but not limited to hours of operation,
security requirements, the proper storage and disposal of trash and debris,
enforcement of the parking management plan, and/or restrictions on
certain uses);
c. Ongoing compliance with approved design and construction parameters,
signage parameters and restrictions as well as landscape designs, as
applicable;
d. Ongoing maintenance, repair and upkeep of the property and all
improvements located thereupon (including but not limited to controls on
the proliferation of trash and debris about the property; the proper and
timely removal of graffiti; the timely maintenance, repair and upkeep of
damaged, vandalized and/or weathered buildings, structures and/or
improvements; the timely maintenance, repair and upkeep of exterior
paint, parking striping, lighting and irrigation fixtures, walls and fencing,
publicly accessible bathrooms and bathroom fixtures, landscaping and
related landscape improvements and the like, as applicable);
e. If 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 and obligations and responsibilities set forth under the
maintenance agreement;
g. The maintenance agreement shall contain provisions relating to the
enforcement of its conditions by the City and shall also contain provisions
authorizing the City to recover costs and expenses which the City may
incur arising out of any enforcement and/or remediation efforts which the
City may undertake in order to cure any deficiency in maintenance, repair
or upkeep or to enforce any restrictions or conditions upon the use of the
property. The maintenance agreement shall further provide that any
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unreimbursed costs andlor 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
h. The execution and recordation of the maintenance agreement shall be a
condition precedent to the Certificate of occupancy.
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