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HomeMy WebLinkAboutReso25-16_2020 E First St_SPR(2053110.1) Resolution No. 2025-16 Page 1 of 10 RESOLUTION NO. 2025-16 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING SITE PLAN REVIEW NO. 2025-01 AS CONDITIONED FOR A MULTI- FAMILY RESIDENTIAL DEVELOPMENT WITH EIGHTY SIX RESIDENTIAL UNITS FOR THE PROPERTY LOCATED AT 2020 EAST FIRST STREET (APN: 402-191-03) BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines, and declares as follows: A. Louisa Feletto, with MLC Holdings, Inc./Meritage Homes, (“Applicant”) representing property owner Paul Miszkowicz with 2020 E First, LLC, (“Property Owner”) is requesting approval of Vesting Tentative Tract Map No. 2025-01 (VTTM-2025-01), Density Bonus Application No. 2025-01 (DBA-2025-01), and Site Plan Review Application No. 2025-01 (SP-2025- 01) to facilitate the construction of a multi-family residential development, including eighty townhome units and six duplexes (eighty-six total units), for the property located at 2020 East First Street (“Project”). B. California Senate Bill 330, the Housing Crisis Act of 2019 (HCA), amending the Permit Streamlining Act and the Housing Accountability Act, became effective on January 1, 2020, and established a statewide "housing emergency" until January 1, 2025. C. On January 1, 2022, the HCA was extended until January 1, 2030, with the passage of Senate Bill 8. D. The proposed development is “housing development project” being submitted as a Senate Bill No. 330 (SB 330) application. E. The Project site has a General Plan land use designation of District Center – Medium High (DC-3) and is located within the General Commercial (C2) zoning district. In addition, the Project Site is located within the Active Urban District (AU) of the Metro East Mixed-Use Overlay Zone (“MEMU”). F. Pursuant to Section 41-595.5 of the Santa Ana Municipal Code (“SAMC”) and sections 2.3 and 8.1 of the MEMU, approval of a SPR by the Planning Commission is required for any project wishing to develop per the MEMU standards. Resolution No. 2025-16 Page 2 of 10 G. On March 24, 2025, the Planning Commission of the City of Santa Ana held a duly noticed public hearing on SPR No. 2025-01 and at that time considered all testimony, written and oral. H. The Planning Commission of the City of Santa Ana determines that the following findings, which must be established in order to grant a SPR No. 2025-01, as required by Section 8.2 of the MEMU, have been established to allow the construction of the Project: 1. The proposed development plan is consistent with and will further the objectives outlined in Section 1.2 for the MEMU. The objectives of the MEMU are to create an active, mixed- use urban village where residents can live, work, shop, and play within a short walking distance of one another. It aims to facilitate well-designed mixed-use developments, achieve the harmonious integration of new projects, and encourage contemporary architectural designs that enhance the built environment. The proposed Project is consistent with these objectives, as it incorporates both residential units and flex spaces within the proposed duplexes, allowing owners the opportunity to live and work in the same space. Additionally, the contemporary design of the Project strengthens its connection to the public realm, enhancing pedestrian accessibility and connectivity to open spaces on-site. The mass and scale of the development are also comparable to that of neighboring properties with approved projects, ensuring a harmonious and cohesive urban environment. 2. That the proposed development plan is consistent with the development standards specified in Section 4 of the MEMU. The proposed Project conforms to the majority of development standards detailed in Section 4 of the MEMU, with the exception of publicly accessible open space, for which a concession is being requested under the Density Bonus Law. However, the Project exceeds the required amount of common open space, providing approximately 13,179 square feet where only 8,007 square feet are required. As designed, the project promotes connectivity to the public realm and may function as publicly accessible open space. 3. That the proposed development plan is designed to be compatible with the adjacent development in terms of similarity of scale, height, and site configuration and otherwise achieves the objectives of the Design Principles specified in Section 5 of the MEMU overlay district. Resolution No. 2025-16 Page 3 of 10 The proposed development is designed to be compatible with the adjacent properties, as the applicant has thoughtfully designed the units to range from three to four stories, ensuring a compatible mass and scale with the surrounding area while maintaining a minimum building height of three stories. Along the frontage, the proposed duplexes feature a mix of materials and incorporate a stepped-back fourth floor, which is offset by a trellis to provide articulation and architectural variety. The ground-floor shopfront frontage further enhances the streetscape by creating the appearance of a vibrant commercial storefront, seamlessly integrating with the public plaza and fostering an active, pedestrian-friendly environment. Lastly, landscaping within the public plaza helps soften the building’s appearance, further blending the development with the public realm and enhancing the overall aesthetic and connectivity of the space. 4. That the land use uses, site design, and operational considerations in the proposed development plan have been planned in a manner that will result in a compatible and harmonious operation as specified in Section 7 of the MEMU overlay district. The proposed Project is consistent with the applicable operational standards outlined in Section 7, as it has been carefully designed to ensure safety, privacy, and functionality for future residents and the surrounding community. The development incorporates lighting throughout the site to enhance visibility and security in shared spaces such as walk ways, adjacent to trash enclosures, and within the private plaza as detailed in the lighting plan of Exhibit No. 7. Additionally, windows have been strategically placed to maintain privacy between units and neighboring properties, minimizing potential intrusions while maximizing natural light. Furthermore, on-site activities will be regulated and formalized as part of the conditions of approval, ensuring that community spaces are used in a way that promotes a balanced and well-maintained environment. Common entrances will also be designed to prevent direct access to individual residential units, enhancing resident security and controlled access within the development. Section 2. Pursuant to the California Environmental Quality Act (CEQA) and CEQA Guidelines, the proposed Project is exempt from further environmental review under Section 15168 (Program EIR). This exemption applies when a previously certified Program Environmental Impact Report (Program EIR) has adequately analyzed the environmental effects of an activity, and no new significant impacts would result from the proposed Project. If the proposed Project remains within the scope of the Program EIR Resolution No. 2025-16 Page 4 of 10 and does not require a subsequent Environmental Impact Report (EIR), no additional environmental documentation is required. A CEQA Section 15168 Consistency Memorandum was prepared by First Carbon Solutions, the Applicant’s environmental consultant. The purpose of the memorandum was to determine whether the proposed Project was exempt from further review, pursuant to the relevant 2007 MEMU Program EIR, certified in 2007, and the MEMU Subsequent EIR, certified in 2018. This memorandum was reviewed by City staff and City’s environmental consultant, Ardurra Consulting. Upon review, it was determined that the Project does not introduce new or more severe environmental effects beyond those previously identified. Additionally, there are no substantial changes in environmental circumstances that would necessitate further review. Moreover, as required under CEQA Guidelines Section 15168(c)(3), all applicable mitigation measures from the MEMU EIR and SEIR will be incorporated into the Project. Based on this analysis, the Project qualifies for an exemption under CEQA, and no further environmental documentation is necessary. Therefore, Notice of Exemption, Environmental Review No. 2024-53, will be filed for the 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 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 SPR No. 2025-01 as conditioned in “Exhibit A”, attached hereto and incorporated as though fully set forth herein, based on the findings contained in Section 1. 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 March 24, 2025, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. Resolution No. 2025-16 Page 5 of 10 Section 5. This Resolution No. _____ for SPR No. 2025-01 shall not be effective unless and until Density Bonus Agreement Application No. 2025-01 is approved, considered concurrently with this Site Plan Review No. 2025-01, and the Density Bonus Housing Agreement associated therewith is approved, executed and recorded. ADOPTED this 24th day of March 2025, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: _______________________ Jennifer Oliva Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:________________________ Melissa M. Crosthwaite Senior Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, ______________, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2025-16 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on March 24, 2025. Date: ________________ ____________________________________ Nuvia Ocampo Recording Secretary City of Santa Ana Nuvia Ocampo 3/24/2025 Resolution No. 2025-16 Page 6 of 10 EXHIBIT A Conditions for Approval for Site Plan Review No. 2025-01 Site Plan Review No. 2025-01 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, Applicant 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 this site plan review. The Applicant must remain in compliance with all conditions listed below throughout the life of the development project. Failure to comply with each and every condition may result in the revocation of the site plan review. 1. All proposed site improvements must conform to the Development Project (DP) approval of DP No. 2024-14. 2. Any proposed amendment to this site plan review, including modifications to approved materials, finishes, architecture, site plan, landscaping, parking, and square footages, must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or if the site plan review must be amended. 3. The Project shall comply with all applicable mitigation measures as identified by the Mitigation Monitoring and Reporting Program of the 2007 Environmental Impact Report (EIR) and 2018 Subsequent EIR (SCH No. 2006031041). 4. The Project shall comply with any and all recommendations contained with the technical studies and reports prepared for the Project. All studies and reports shall be finalized by the Applicant and approved by the City of Santa Ana prior to the issuance of any building permits. 5. 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. Any changes to the materials, finishes and colors shall be approved by the Planning and Building Agency. All trash enclosures and similar ancillary structures shall match the texture, material and color of the primary building. 6. The Applicant shall work with Planning Division staff to redesign the storefront of the six (6) proposed duplex units, to provide a storefront design that is more consistent with the goals and objectives of the Metro East Mixed-Use Overlay Zone (“MEMU”). Added by the Planning Commission on March 24, 2025. Resolution No. 2025-16 Page 7 of 10 7. The Applicant shall provide good faith effort and work with staff to explore the feasibility of incorporating additional affordable units and/or incorporating a deeper affordability rate at extremely low-income, as defined by the California Department of Housing and Community Development (HCD). Added by the Planning Commission on March 24, 2025. 8. Walls and Fencing. a. The Applicant shall construct a minimum six-foot (6’) tall solid perimeter wall, as measured from nearest adjacent finished sidewalk, surrounding the Project site. The perimeter wall shall conform to all applicable Citywide Design Guidelines, including a split-face or painted design with regularly-spaced pilasters and decorative cap. The Applicant is responsible for coordination with any adjacent property owners to avoid double-walls or gaps between walls where possible. b. Climbing vines shall be planted at regularly-spaced intervals along all exposed walls and wrought-iron fencing to deter graffiti. All solid walls shall be finished with anti-graffiti coating. 9. All mechanical equipment shall be screened from view from public and courtyard areas. 10. All balconies shall be designed and constructed with adequate drainage systems to prevent water accumulation and ensure proper runoff, subject to review and approval by the Planning Division prior to issuance of building permits. 11. Applicant must submit Covenants, Conditions and Restrictions (CC&Rs) for the Project to the case planner for review and approval prior to the final map being recorded. 12. The following parking management practices shall be incorporated into the final, recorded CC&Rs and shall apply through the life of the Project: a. Requiring onsite parking permits (such as stickers or hang-tags) for any parking in the surface guest parking spaces; b. Policies for maximum time vehicles may be parked in the surface guest spaces; 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; and d. Routine garage inspections to ensure garages are available for vehicle parking. 13. 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. Resolution No. 2025-16 Page 8 of 10 14. A final detailed amenity plan must be reviewed and approved prior to issuance of any building permits. The plan shall include details on the hardscape design, lighting concepts and outdoor furniture for amenity, plaza, or courtyard areas as well as an installation plan. The exact specifications for these items are subject to the review and approval by the Planning Division. 15. Before submitting a landscape review application, the Applicant shall meet with Planning Division staff to evaluate the proposed plant species, sizes, quantities, and placement of trees, shrubs, and groundcover to ensure they maximize onsite landscaping in compliance with established landscape standards. The final landscape plan shall include a diverse selection of shade-producing canopy trees from the City's approved street tree list, ensuring the maximum possible number is incorporated. 16. Prior to installation of landscaping, the Applicant shall submit photos and specifications of all trees to be installed on the Project site for review and approval by the Planning Division. Specifications shall include, at a minimum, the species, box size (24 inches minimum), brown trunk height (10-foot minimum), and name and location of the supplier. 17. The Applicant shall install enhanced lighting within the publicly accessible open space, spanning south from First Street towards the project’s common open space, between Buildings 14 and 15, as shown on the approved site plan. The enhanced lighting shall include pedestrian-scaled lighting along all walkways and where appropriate, wall-mounted lighting to be architecturally compatible and pedestrian scaled. The lighting levels shall be sufficient to create a perceived sense of security and safety, and for sidewalk and street illumination. 18. After Project occupancy, landscaping and hardscape materials must be maintained as shown on the approved landscape plans. 19. The publicly accessible open space areas as shown on the plans shall remain accessible to the public during daylight hours as per plans approved by the Planning and Building Agency. 20. 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 property management agreement, and incorporate the form of this condition within the Project’s CC&R’s. The agreement shall be recorded against the property by the City and shall be in a form reasonably satisfactory to the City Attorney. The executed agreement must be submitted to the Planning Division by the Applicant within 90 days of the approval of this Resolution. The agreement shall contain covenants, conditions and restrictions relating to the following: Resolution No. 2025-16 Page 9 of 10 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 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 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 agreement. g. The 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 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. Resolution No. 2025-16 Page 10 of 10 h. The execution and recordation of the agreement shall be a condition precedent to the final map being recorded.