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HomeMy WebLinkAboutReso25-02 (ME-25-01)_1200 N. Tustin Ave Resolution No. 2025-02 Page 1 of 9 RESOLUTION NO. 2025-02 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA APPROVING MINOR EXCEPTION NO. 2025-01, AS CONDITIONED, TO EXCEED THE MAXIMUM ALLOWABLE BUILDING HEIGHT OF 35 FEET, BY NO MORE THAN TWENTY-FIVE PERCENT, FOR A TOTAL HEIGHT OF 43 FEET AND 9 INCHES, FOR THE DEVELOPMENT OF A NEW OFFICE BUILDING AT 1200 N. TUSTIN AVENUE (APN: 400-152-02) BE IT RESOLVED BY THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Zoning Administrator of the City of Santa Ana hereby finds, determines and declares as follows: A. Selena Kelaher with EPD Solutions, Inc., representing Orange County Employees Retirement System (OCERS) (“Applicant”) and 2223 Wellington Place Corporation (“Property Owner”), is requesting approval of Minor Exception (ME) No. 2025-01 to exceed the maximum allowable building height of 35 feet, by no more than twenty-five percent, for a total height of 43 feet and 9 inches, to facilitate the construction of a new three-story 65,768-square-foot office building to serve as the headquarters for OCERS at 1200 N. Tustin Avenue (“Project”). B. Pursuant to Section 41-315 of the Santa Ana Municipal Code (“SAMC”), buildings in the Professional (“P”) zoning district are limited to a maximum height of 35 feet. C. Pursuant to Section 41-632(a)(3)(d) of the SAMC, applications may be made to obtain a waiver or modification to the maximum allowable building height, not to exceed more than twenty-five percent of the maximum height permitted. D. Pursuant Section 41-638 of the SAMC, the Zoning Administrator is authorized to review and approve minor exceptions from the development standards set forth by the SAMC. E. On June 18, 2025, the Zoning Administrator held a duly noticed public hearing on ME No. 2025-01. F. The Zoning Administrator of the City of Santa Ana determines that the following findings, which must be established in order to grant a Minor Exception pursuant to Section 41-638 of the SAMC, have been established for ME No. 2025-01 to exceed the maximum allowable height of 35 feet, by no more than twenty-five percent, for a total allowable height of 43 feet and 9 inches: Resolution No. 2025-02 Page 2 of 9 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this Chapter. The Project’s site has special circumstances related to its location and surroundings. The Project is within an established office corridor and strict application of the 35-foot maximum height would prevent development of a modern, efficient office building with appropriate clear height (i.e., the height from finished floor to the lowest hanging structural or mechanical element) needed to accommodate evolving workplace needs and essential mechanical equipment. This restriction would deprive the property of a development privilege commonly afforded to similarly situated parcels within the Professional zoning district and the surrounding urban context. Additionally, there are surrounding properties that are developed with buildings that exceed the maximum building height of 35 feet. The property immediately to the west of the project site, 2223 E. Wellington Avenue, is developed with a three-story 44-foot high office building, the property to the southeast, 1001 N. Tustin Avenue, is developed with a seven-story medical office building, and the properties to the northeast, 1401 and 1403 N. Tustin Avenue, are developed three-story office buildings. 2. That the granting of a minor exception is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of this minor exception is necessary for the preservation and enjoyment of substantial property rights. Approval of ME No. 2025-01 is necessary to preserve the property owner’s right to develop and utilize the site for a viable office use consistent with surrounding development. The immediate area includes office and medical uses that exceed 35 feet in height. Without the minor exception, the Applicant would be deprived of the ability to construct a competitively modern office building that aligns with industry norms, tenant expectations, and allowable land uses within the Professional zoning district. Furthermore, the proposed height increase will not result in adverse effects to the public or surrounding properties. The proposed Project is consistent with the zoning district and land use context, which is characterized by low- to mid-rise office development. The Project will maintain compliance with all other development standards, including setbacks, landscaping, and screening. In Resolution No. 2025-02 Page 3 of 9 addition, the building has been placed adjacent to Tustin Avenue and Wellington Avenue, away from the residential community to the northwest corner of the property, in order to mitigate any aesthetics and shade/shadow issues. Lastly, the subject site is identified to be just outside of the height exempt area boundary by being on the westside of Tustin Avenue. Properties on the eastside of Tustin Avenue are allowed unlimited building heights. If the subject property were located within the height exemption area, the proposed building height of 43-feet and nine-inches would be permitted by right. Approval of ME No. 2025-01 is also consistent with other building height increases recently approved by the Zoning Administrator (e.g., ME No. 2024-01 approved by the Zoning Administrator on August 20, 2024 allowed a building height increase from 35 feet to 43 feet and nine-inches at a new industrial building located at 300 and East Dyer Road). 3. That the granting of a minor exception will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of this minor exception will not be detrimental to the public or surrounding properties. The height increase authorized by the exception will only allow the Applicant to develop the property with an office use, which is a typical use for this area. Further, the request will not be materially detrimental to the public welfare or injurious to surrounding property in that surrounding uses are office in nature and several such uses also exceed the 35-foot height limit. In addition, approval of the minor exception will not affect the type or intensity of the use on the property and the property will be required to comply all other development standards, in order to ensure that the development of the property does not injure or detrimentally affect surrounding properties. Lastly, the subject site is identified to be just outside of the height exempt boundary by being on the westside of Tustin Avenue. The properties located on the eastside of Tustin Avenue, are located inside the height exempt area, which allows unlimited building height. If the subject property were located within the height exemption area, the proposed building height of 43-feet and nine-inches would be permitted by right. 4. That the granting of a minor exception will not adversely affect the General Plan of the city. Approval of ME No. 2025-01 is consistent and supported by several goals and policies of the General Plan. The Resolution No. 2025-02 Page 4 of 9 Professional and Administrative Office - Medium (PAO-1) land use designation of the General Plan supports the permitting of a variety of office and office-related uses, including professional and administrative office parks, up to three stories in height. Goal 1 of the Land Use Element (LU) encourages a balance of land uses that meet Santa Ana’s diverse needs. Specifically, the Project is consistent with Policy LU-2.1 that encourages a broad spectrum of land uses and development that offer employment opportunities for current and future Santa Ana residents. Policy LU-2.6 promotes rehabilitation/redevelopment of properties that encourage increased levels of capital investments to create a safe and attractive environment. The proposed Project will redevelop an existing lot with a new office that has not been rehabilitated since the 1970s and will provide on-site and off- site improvements that will contribute to creating a safe and attractive environment for the neighborhood. Policy LU-2.7 also supports land use decisions that encourage the retention of businesses in the City. Approval of these minor exceptions will allow OCERS to remain in Santa Ana in a new building that meets their needs. The Project is also consistent with the Economic Prosperity Element (EP) Policy EP-3.4 which encourages the development of “complete communities” that provide a range of housing, services, amenities, and transportation options that support the retention and attraction of skilled workforce and employment. Policy EP-3.6 encourages flexible and up- to-date land use regulations that are responsive to changing business trends, best practices, technological advancements, and community needs. Approval of the requested minor exceptions are consistent with these two policies because the Project will support the retention of employment and it is meeting the needs of OCERS’ and its employees as they adapt to workplace changes. The Project is consistent with Policy UD-1.1 of the Urban Design Element (UD) which requires that all developments feature high quality design, materials, finishes, and construction. The Project will provide a high-end office environment with amenities and will include building finish materials such as bronze metal panels, perforated metal panels, glass guardrails, and metal building canopies. Lastly, the Project is consistent with Policy UD-2.2 which encourages buffers and other urban design strategies to encourage computability of new development with the scale, bulk, and pattern of existing development. The Project has been Resolution No. 2025-02 Page 5 of 9 designed to be compatible with nearby buildings and it is setback from the adjacent residential development to the northwest of the project site. Section 2. Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the Project is exempt from further review, pursuant to Section 15302 (Class 2) of the CEQA Guidelines (Replacement or Reconstruction), because the Project is consistent with the applicable general plan designation and applicable general plan policies, as well as with applicable zoning designation and regulations. Moreover, the Project meets the criteria for categorically exempt development projects listed in CEQA Guidelines Section 15302 and it would not have a significant effect on the environment. The above-mentioned analysis and use of a Class 2 Categorical Exemption is supplemented by the analysis provided for this Project. Based on this analysis, a Notice of Exemption, Environmental Review No. 2024-116, 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, 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. Section 4. The Zoning Administrator of the City of Santa Ana, after conducting the public hearing, hereby approves Minor Exception No. 2025-01 as conditioned in “Exhibit A” attached hereto and incorporated as though fully set forth herein for the Project located at 1200 N. Tustin Avenue. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Zoning Administrator Action dated June 18, 2025, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. Resolution No. 2025-02 Page 6 of 9 ADOPTED this 18th day of June 2025 by the Zoning Administrator. Siri Champion, AICP Zoning Administrator APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Melissa M. Crosthwaite Senior Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, GEMA ZAPIEN, Acting Recording Secretary, do hereby attest to and certify the attached Resolution No. 2025-02 to be the original resolution adopted by the Zoning Administrator of the City of Santa Ana on June 18, 2025. Date: Acting Recording Secretary 06/18/2025 Resolution No. 2025-02 Page 7 of 9 EXHIBIT A Conditions of Approval for Minor Exception No. 2025-01 Minor Exception 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, they 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 minor exception. 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 minor exception. A. Planning Division Conditions: 1. All proposed site improvements must conform to Development Project Review (DP No. 2024-25) and the staff report exhibit. 2. Any amendment to this Minor Exception, 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 Minor Exception must be amended. 3. Prior to submittal into building plan check, a full landscape and irrigation plan is to be submitted to the Planning Division for review and approval. The landscape plan shall conform to the commercial landscape standards, Citywide Design Guidelines, and the City’s Water Efficient Landscape Ordinance. 4. Prior to issuance of a building permit for any onsite grading activities, the Applicant shall provide the Planning Division a proposed construction plan with details on truck routes used for construction traffic and an overall construction schedule. The truck routes shall avoid passage through neighborhoods with sensitive land uses such as school, parks, and residential land uses. 5. The idling of trucks and passenger vehicles on and in the vicinity of the property, including on adjacent streets, is prohibited. Resolution No. 2025-02 Page 8 of 9 6. Contact information for an onsite manager or other individual responsible for the daily operations during construction shall be posted in a prominent location at the front entry in the event that noise, traffic, and/or parking complaints need reporting. 7. 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. 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: 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 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 Resolution No. 2025-02 Page 9 of 9 signatories to the 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, obligations and responsibilities set forth under the Property Maintenance Agreement; and 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 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.