HomeMy WebLinkAbout75D - PH - ZONING 301 E JEANETTE LANERYAN OGULNICK
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
NOVEMBER 4, 2013
TITLE:
PUBLIC HEARING —ZONING ORDINANCE
AMENDMENT NO. 2013 -03, SITE PLAN REVIEW
NO. 2013 -05, INCLUSIONARY HOUSING PLAN
AND AGREEMENT FOR A NEW MULTI - FAMILY
RESIDENTIAL DEVELOPMENT AT 301 EAST
JEANETTE LANE — VINEYARD DEVELOPMENT,
APPLICANT
CITY MANAGE
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
•:• o,
❑
As Recommended
❑
As Amended
❑
Ordinance on 1s` Reading
❑
Ordinance on 2 n Reading
❑
Implementing Resolution
❑
Set Public Hearing For
CONTINUED TO
FILE NUMBER
Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program,
Environmental Review No. 2013 -14.
2. Adopt an ordinance approving Zoning Ordinance Amendment No. 2013 -03.
3. Adopt a resolution approving Site Plan Review No. 2013 -05 as conditioned.
4. Approve an Inclusionary Housing Plan and Agreement authorizing payment of an in -lieu fee.
PLANNING COMMISSION ACTION
On October 14, 2013, the Planning Commission recommended that the City Council approve and
adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review
No. 2013 -14; adopt an ordinance approving Zoning Ordinance Amendment No. 2013 -03; and adopt
a resolution approving Site Plan Review No. 2013 -05 as conditioned by a vote of 6:1 (Yrarrazaval
dissenting) to allow the construction of a multi - family residential project with 182 units at 301 East
Jeanette Lane. The Planning Commission made no changes to the recommendations and
conditions outlined in the attached staff report (Exhibit A).
DISCUSSION
In addition to the actions taken by the Planning Commission, the applicant has requested to satisfy
the Housing Opportunity Ordinance by payment of a one -time fee. The Housing Opportunity
Ordinance allows payment of a fee if substantial evidence supports that the cost of providing
inclusionary units on -site would substantially exceed the amount of the in -lieu fee. The amount of
the fee is based on the affordability gap associated with fulfilling the required affordable housing
7501-1
ZOA No. 2013 -03, SPR No. 2013 -05 &
Inclusionary Housing Plan and Agreement
November 4, 2013
Page 2
units on -site within The 301 residential development project. With the assistance of Keyser
Marston, a consultant in affordable housing financial analysis, a calculation was performed to
determine the fee amount. The fee calculation is based on the affordability gap of $10,900.00 per
unit which equates to a total in -lieu fee of $1,977,000 and by code requires payment prior to
issuance of a building permit for any portion of the project. Further, Keyser Marston has evaluated
the request and determined that including affordable units in high density and /or luxury projects
could be more expensive than paying the-in-lieu fee. The in -lieu fee is measured solely off the
affordability gap between the market rent and the defined affordable rent. It does not take into
account the cost of constructing the unit. The affordability gap is a good measurement of the impact
of the inclusionary requirements. In this case, the cost to provide the inclusionary units on -site
exceeds the amount of the calculated in -lieu fee. This finding is necessary to substantiate the
payment of the fee in -lieu of providing the units on -site. These actions allows for the construction of
a new multi - family residential project on a two -acre vacant parcel located at City Place.
FISCAL IMPACT
Funds received will be deposited into the Inclusionary Housing Fund account (no. 41718002-
57896).
4
ay M. Trevino
Executive Director
Planning and Building Agency
SK:rb
Wreports \The 301 AA. cc
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez ,SfL
Executive Director
Finance & Management Services Agency
Exhibit: A. Planning Commission Staff Report
B. Inclusionary Housing Agreement
75D -2
REQUEST FOR
Planning Commission Action
PLANNING COMMISSION MEETING DATE:
OCTOBER 14, 2013
TITLE:
PUBLIC HEARING — ZONING ORDINANCE
AMENDMENT NO. 2013-03 AND SITE PLAN
REVIEW NO. 2013 -05 FOR A NEW MULTI - FAMILY
RESIDENTIAL DEVELOPMENT AT 301 EAST
JEANETTE LANE
Prepared by Sergio Klotz
Executive Director
RECOMMENDED ACTION
Recommend that the City Council:
PLANNING COMMISSION SECRETARY
APPROVED
•
As Recommended
•
As Amended
•
Set Public Hearing For
DENIED
•
Applicant's Request
•
Staff Recommendation
14�I►111l 119!i[k
L�lk tLi b �oK-_
Plannint Manager
1. Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program,
Environmental Review No. 2013 -14.
2. Adopt an ordinance approving Zoning Ordinance Amendment No. 2013 -03.
3. Adopt a resolution approving Site Plan Review No. 2013 -05 as conditioned.
DISCUSSION
Reauest of the Applicant
Mr. Ryan Ogulnick with Vineyard Development is requesting approval of an amendment to an existing
specific development zone (zoning ordinance amendment) and site plan review to allow the
construction of a multi - family residential project with 182 units at 301 East Jeanette Lane.
Project Location and Site Description
The proposed project lies within the City Place development (SD -59), a master planned, 18 -acre
mixed -use project located on the north side of Memory Lane between Main Street and Lawson Way
to the city border.
The subject site is situated on an approximately two acre vacant parcel located on the northeast
portion of City Place and generally bounded by Lawson Way on the east, Jeanette Lane along the
south to the existing City Place development to the west and to the city border on the north. The
subject site is located within Specific Development No. 59 (SD -59) zoning district and has a General
Plan Land Use designation of District Center (DC), which permits residential development.
Currently, the City Place area is developed with approximately 58,000 square feet of retail space, 73
live -work units and 112 residential townhome units.
EXHIBIT A
75D -3 4
ZOA No. 2013 -03 & SPR No. 2013 -05
October 14, 2013
Page 2
Surrounding land uses include the Main Place Mall, commercial, retail and residential to the west;
Santiago Park, offices and parking structure to the south; a senior residential development and
offices to the east; and retail, offices and parking structure to the north (Exhibits 1 and 2).
City Place (SD -59)
Project Description
The City Place land use, planning and design provide a mixture of uses within a common setting. It
stresses a people oriented environment where pedestrian and automobile traffic can co -exist on -site to
create an experience of urban activity in a safe and high quality setting.
City Place has been designed with the commercial component oriented to the west end of the site and
the residential component on the east. The site has been aligned to allow the development to have a
greater presence along all of the frontage streets. The location of the buildings along Main Street, a
commercial corridor, provides a link to the corridor and a visual connection to the Main Place shopping
mall.
75D -4
ZOA No. 2013 -03 & SPR No. 2013 -05
October 14, 2013
Page 3
Currently, the City Place commercial component includes approximately 57,700 square feet of retail
and restaurant space. Mother's Market and several restaurants such as Corner Bakery, The Habit,
Z Pizza and the newly opened Chipotle operate within the commercial center. Additionally, other
commercial uses include a Pinkberry's, Coffee Bean, Bank of the West and a nail salon continue to
serve the area.
Seventy -three live -work lofts have been completed extending from Main Street to the north along the
curved City Place Drive to Memory Lane. The design of the loft units provides storefronts, pedestrian
level windows, zero setbacks and a height that is consistent in mass, scale and rhythm with other
structures in the area.
The townhouse component provides two designs: The Courtyards and The Park. Both the Courtyard
and Park designs provide residential units with front doors facing open areas or interconnected
walkways. These developments provide a total of 112 residential units.
The proposed project is a 182 -unit multi - family development consisting of one four -story building over a
podium parking garage containing two- levels of parking (Exhibit 3). Access to the project will be
provided from Jeanette Lane with vehicular access taken from the newly created North Road. A
description of each of the project components is provided in more detail below. An analysis of each of
the project features will be provided in the Project Analysis section of the report.
Unit Mix — The project is proposed to consist of a mix of unit types ranging in size from 744 square
feet for the smallest one - bedroom unit to 1,260 square feet for the largest unit, a two- bedroom unit.
Table 1 below provides a breakdown of the units within the project.
Tahle 1 — Unit Mix
The 301 Unit Summary
Unit Type
Units Proposed
Percent of total
Square Footage
1 bedroom
125
69%
540 -815
2 bedroom
56
30.7%
860 -1,260
3 bedroom
1
.03%
1,145
Total
182
100%
n/a
Parkin — Parking for the project is proposed to be provided within a two -level semi - subterranean
parking structure, which will consist of one level above grade and one level semi - subterranean. The
overall parking ratio is proposed at 1.8 spaces per unit, regardless of bedroom count, for a total of 328
spaces. The applicant proposes to provide an additional 36 spaces of guest parking or 0.2 spaces per
unit, for a total of 364 spaces — an overall parking ratio of 2.0 spaces per unit. The applicant proposes
to provide this parking in a combination of standard single -car stalls and tandem stalls. Table 2 details
the proposed parking.
75D -5
ZOA No. 2013 -03 & SPR No. 2013 -05
October 14, 2013
Page 4
Table 2 — Pro sed Parking Summary
The 301 Proposed Parking Summary
Proposed Parkin
Apartment unit parking
1.8 spaces/unit
328 spaces
Guest parking
0.2 spaces/unit
36 spaces
Total
2.0 spaces/unit
364 spaces
Proposed Parking Stall Type
Standard single-car stall
130 spaces 36%
Tandem car stall
234 spaces 64%
Architecture — The project's unique design creates three distinct courtyards that allow the building to
engage its residents as well as provide a visual connection to the surrounding neighborhood.
The east and west courtyards are oriented south towards the street, providing a dynamic landscape
that cascades down to the side walk at Jeanette Lane. The terraced garden forms a backdrop to a
public art piece and lobby entrances at the east and west comers of the project. The center courtyard
forms a more intimate environment offering a pool, spa, and garden lounges for the residents. Large
cuts in the building along the south side of the courtyard craft distinctive sky deck patios, while letting
south facing light to filter into the open space below. The project will host a variety of additional
amenities for the residents, including a fitness center, resident lounge, and outdoor gathering facilities.
The project's bold material palette playfully juxtaposes the darker color of the exterior with the warmth
of the wood cuts that form French balconies for many of the street facing apartments. Interior
courtyards are designed with a lighter and more delicate screen of shifting wood slats. Many of the
project's walkways are outdoors along the courtyard perimeters, allowing for cross ventilation through
the units and the opportunity for residents to engage with the community's social activities.
The architectural style proposed for this mid -rise project is contemporary. Proposed building materials
include wood siding, fiber cement panels, wood louvers, wood board and batten, metal handrails and
aluminum doors and windows. The project includes a consistent roofline, varied facades and
architectural projections and overhangs at key locations, with the highest point of the building at
approximately 60 feet.
Amenities — Exterior amenities include water features, landscaping and public art. Two courtyards
and a podium level area will provide the majority of the open space. The courtyard areas will provide a
connection to the ground level, having direct pedestrian access to the street level. The courtyards are
defined by landscaping, decorative pavement, fire pits, seating areas and water features. The podium
level area will provide a pool and spa, outdoor barbeque area, fire pit, landscaping and seating areas.
The project is proposed to have two additional amenity areas: a resident lounge located on the second
level of approximately 950 square feet and a fitness center of approximately 1,540 square feet is also
proposed. The project will also provide two first floor lobbies and a leasing office.
75D -6
ZOA No. 2013 -03 & SPR No. 2013 -05
October 14, 2013
Page 5
Building Height — The proposed structure provides a podium design with four residential floors above
two levels of parking. The lower level of parking is semi - subterranean and the upper level of parking
sits atop. The height of the top of the parapet from the lowest adjacent existing grade is 59 feet.
Open Space — The project proposes three large outdoor courtyards, two 'skycourts', private decks and
common area amenities. The open space proposed equates to a total of 205 square feet of open
space per unit. All of the open space will be located above ground level with the majority atop the
podium level. Of the 182 units, 10 units will have private open space in the form of balconies or patios.
The remainder of the open space is aggregated within the courtyards, common area amenities and
'skycourt' areas.
Landscaping — The project proposes to provide perimeter landscaping to a standard of 18 feet along
Lawson Way, 6.5 feet along Jeanette Lane, 10 feet along Jeanette Way and 3 feet along the North
Road. The project interior also includes landscaping within the courtyard areas.
Proiect Backaround
The 301 parcel is part of the larger master plan called City Place, a mixed use development plan that
was approved by the City Council via a Specific Development (SD -59) zone on May 3, 1993. In 2004,
the City Place mixed -use development entitlements were approved. At that time, the City Council by
way of a development agreement required the developer to investigate the feasibility of developing a
high rise project on the subject two acre site. As a result, in 2007 the developer proposed a high rise
residential project on the site. Unfortunately, due to financial constraints the project was withdrawn with
no entitlements issued. In early 2012, Vineyard Development filed plans in order to construct The 301
project. With the exception of the subject site, the remainder of the property has been fully developed
with a mix of commercial, live -work units and townhomes.
General Plan and Zonina Analysis
The General Plan land use designation for the site is District Center (DC), which allows for major
development sites such as the multi - family residential development. District Centers are designed to
serve as anchors to the City's commercial corridors, and to accommodate major development
activity. The project site is consistent with this General Plan land use designation. The site is
surrounded by residential, retail uses and Santiago Park to the south and west; office and commercial
development to the north; office and a care facility to the east.
The zoning for the site is for City Place a mixed -use development, Specific Development District
No. 59 (SD -59). This zone allows for a mix of uses including office, restaurant, retail and residential
land uses. The applicant has requested several amendments to SD -59 in order to allow for an
increase in the total number of units permitted on the development site, establishment of a multi-
family parking ratio for the project and to allow tandem parking, an increase in building height and
an amendment to the open space requirement. With these amendments, the proposed project
would be consistent with the zoning designation (Exhibit 4).
75D -7
ZOA No. 2013 -03 & SPR No. 2013 -05
October 14, 2013
Page 6
Project Analysis
Zoning Ordinance Amendment — The applicant is requesting amendments to the existing zoning, SD-
59 to allow a multi - family use, increase the maximum number of permitted residential units on the
development site, establish a multi- family parking ratio, allow for the use of tandem parking stalls,
increase the building height and adjust the open space location requirement. Each of these requested
amendments is analyzed in more detail below.
Multi- family Use and Increase in Maximum Number of Residential Units — SD-59 currently allows a
maximum of one single family residence per acre of land on the subject parcel. At the time of the City
Place development entitlements, the City Council approved a development agreement and established
zoning regulations for the single family requirement to allow the developer an opportunity to evaluate
high rise potential on the site. Any future amendment would require a zoning action by the Council.
Since that time, the development agreement has expired and Mr. Ogulnick, along with past developers,
have expressed to staff that high rise development is not economically feasible. The 301 is proposed
to contain 182 multi- family units, which exceeds the maximum permitted units and provides a new land
use — multi - family use. The applicant is requesting an amendment to SD -59 to increase the maximum
number of permitted units to 182 as well as allow a multi- family use. Amendments to SD -59 are
needed to Part Il.1.j (Permitted Land Uses). It is recommended that this section be modified to allow
the 182 unit multi- family land use.
Establish Multi- Family Residential Parking Ratio — Additionally, amendments are needed to establish
parking requirements for multi - family residential uses. SD -59 currently does not contain a multi - family
parking ratio. As proposed, the project will provide a total of 364 spaces at an overall ratio of 2.0
spaces per unit, regardless of bedroom count, and inclusive of guest parking. Due to the absence of
multi - family parking standards within SD -59, the requirements contained within the Santa Ana
Municipal Code would apply or a ratio must be established.
The following table provides a comparison.
Table 3 — Parking Standards Comparison
SAMC
SD -59 Standards The 301
1space + No. of bdrms
NA 328 spaces + 36 guest (364 total)
plus
or
25% guest
2.0 /unit
For purposes of further comparison, the following table shows the parking ratios used for recent multi-
family projects.
Table 3a — Multi - Family Parking Ratio Comparison
Recent Multi-Family Parking Ratio Comparison
The Marke
(SD -43
The Met
SD -43
1901 East First Street
Metro East Overlay)
The 301
(City Place)
2.2
2.2
2.0
1 2.0
75D -8
ZOA No. 2013 -03 & SPR No. 2013 -05
October 14, 2013
Page 7
In an effort to further understand multi - family parking demands and the use of tandem parking design a
parking study was conducted by Fehr & Peers, a traffic consulting firm and is attached as Exhibit 5.
The study evaluated parking ratios for similar multi - family projects and the use of tandem parking. The
study concludes that the total number of parking spaces is sufficient to accommodate the highest
anticipated parking demand and that the tandem parking arrangement is in line with other similar
successful projects.
Staffs parking approach is one that reflects the setting of a project. In this particular case, The 301
project is located within the City Place mixed use development, a development showcasing a mixture
of compatible uses such as retail, restaurant and service uses, as well as, live -work and townhome
units within a walkable community. Further, the project is located within one of the City's designated
District Centers offering an opportunity for more intense uses to be located within close proximity of
one another and as such allowing connections that allow a more walkable environment. With the
Westfield Mall located across the street from City Place and the Discovery Science Center in close
proximity, the pieces are in place to foster and encourage a more complete approach — walking, biking
and mass transit. Additionally, the unit mix proposed within The 301 includes one and two- bedroom
units, with one three - bedroom unit is appropriate given the current mix of unit types within City Place,
three and four bedroom units. A parking ratio of 2.0 takes into account that some but not all of the one-
bedroom units will contain two residents; and therefore, not need two parking spaces and as such
provides a higher per bedroom parking ratio. As an example, the residential units at City Place have a
parking ratio of 2.4 parking spaces per unit regardless of bedroom count. When compared, The 301
project provides a higher per bedroom parking ratio. Staff recommends that Part III.A.4 (Development
Standards - Parking) of SD -59 be amended to reflect the overall ratio of 2.0 parking spaces per unit
inclusive of guest parking.
Allowance for Tandem Parking to Satisfy Parking Requirement — The Santa Ana Municipal Code
contains provisions for tandem parking to satisfy some portion of any required parking, but only for
commercial development. SD -59 does not contain any specific standards allowing the use of tandem
parking within the project area although a small percentage of the existing residential uses within City
Place provide individual tandem garages.
As proposed, the applicant is requesting an amendment to SD -59 that would allow for tandem parking
up to 64 percent of total parking.
The Fehr & Peers Parking Study and research found that tandem parking is an industry- accepted
practice that can be successful if it is used primarily for units with no more than two occupants and if
the stall is assigned to a specific unit. The proposed project has a corresponding percentage of
tandem units to one - bedroom units, which lends itself to the appropriate assignment of parking
resources. In addition, the applicant will be required to submit a parking management plan, which will
detail the procedures for addressing any operational issues that might arise. As previously discussed
in the parking ratio section, The 301 is located in a setting that provides a complete array of uses to
support a walkable environment, more so than almost any other area of the City outside of the
downtown. The setting, which supports reduced auto use, further substantiates the use and
percentage of tandem parking.
7501-9
ZOA No. 2013 -03 & SPR No. 2013 -05
October 14, 2013
Page 8
Staff recommends a modification to SD -59 to allow no more than 64 percent of the overall parking
spaces to be in a tandem configuration provided a parking management plan is approved addressing
items such as the need to link percentage of tandem with percentage of one - bedroom units.
Open Space Requirement — The open space provision within SD -59 requires that each residential
development provide usable open space at a rate of square feet per unit at the ground level.
The applicant estimates that the project provides for 205 square feet of open space per unit. The open
spaces are located within three courtyards, fitness room, two lobbies, open decks and private patios.
The applicant is requesting an amendment to SD -59 in order to allow the required open space to be
located on levels other than the ground level. The project design does not lend itself to achieving
ground level open space. Open space at or above the podium level is an accepted practice in this
design due to most, if not all, of the units being located at or above the ground level. Staff
recommends an amendment to Part III.A.5 (Development Standards -Open Space), to allow The 301
open space to be located above the ground level.
Building Height — The overall building height measures 59 feet from the lowest adjacent grade. SD-
59 allows a maximum building height of 50 feet consistent with the current development within City
Place. Surrounding structures within City Place measure up to 50 feet in height. Other structures
outside of City Place include a large parking structure and office building immediately to the north.
Staff supports an amendment to Part III.C.1 (Building Height) an increase to 59 feet and thereby
allowing the project as designed and compatible in height with the surrounding area.
Public Art — SD -59 identifies a requirement to provide public art. The provision requires art valued
at one -half of one percent (.5 %) of the value of the overall project construction valuation, for the
installation on the site, at a prime location visible to the public, of permanent work(s) of public art.
The work(s) of public art shall be subject to review and approval by the Planning Commission and in
place prior to the issuance of any certificate of occupancy for the project and shall be maintained in
perpetuity by the property owner(s).
inclusionary Housing — Santa Ana Municipal Code Article XIX, Housing Opportunity Ordinance
(HOO) requires all residential development over five units and requesting zoning amendments that
would allow the use or an increase in the allowed density subject to the provisions of the ordinance.
Compliance with the provisions includes 15 percent of the proposed units to be affordable units or
28 units. An applicant has the ability in lieu of providing the units on -site to pay a fee subject to City
Council approval. The applicant has chosen to pay a fee rather than provide the units within the
development.
75D -10
ZOA No. 2013 -03 & SPR No. 2013 -05
October 14, 2013
Page 9
Site Plan Review
Section 41- 593.5(c) of the Santa Ana Municipal Code requires a review by the Planning Commission of
all plans within a specific development plan area to ensure the project is in conformity with the plan's
development standards. As previously discussed, the proposed project lies within the City Place
Specific Development (SD -59) and the applicant has requested several amendments to the SD in
order to accommodate the project. In addition to analyzing the project's conformance with the zoning
standards, site plan review also addresses project features such as architecture, landscaping,
amenities, public realm features and building materials.
Public Notification
As required by the recently adopted Sunshine Ordinance, the applicant held a neighborhood
meeting on January 25, 2013 at the Bowers Museum in the Gloria and Si Fluor and Family Gallery.
At that meeting a total of 14 members from the public attended. During the meeting, several owners
of units within the City Place development expressed concern with the project. The minutes from
this meeting are provided as Exhibit 6.
The project site is not located within a neighborhood association, but is adjacent to the Park
Santiago Neighborhood Association. Given Park Santiago's involvement in the entitlements for City
Place, City staff directed the applicant to meet with the Association to discuss and review the
project. A meeting occurred on May 1, 2013.
Finally, the contacts for this Neighborhood Association were notified by mail 10 days prior to this
public hearing.
Further, through the California Environmental Quality Act process, the neighborhood contacts, as well
as adjacent properties and public agencies were notified of the release of Mitigated Negative
Declaration (MND) prepared for the project and invited to provide comments. The notice identified the
environmental process, availability of documents and contact information.
The project site itself was posted with two notices advertising this public hearing, a notice was
published in the Orange County Reporter and mailed notices were sent to all property owners and
occupants within 500 feet of the project site, as well as concerned citizens listed on the Permanent
Notification List. The City received written comments on the MND, which are contained within the
Final MND. At the time of this printing, no additional correspondence, either written or electronic,
had been received from any members of the public.
75D -11
ZOA No. 2013 -03 & SPR No. 2013 -05
October 14, 2013
Page 10
CEQA Analysis
As part of the City's permitting process, the proposed project is required to undergo an environmental
review in accordance with the California Environmental Quality Act (CEQA). In accordance with the
CEQA, the recommended actions have been reviewed through a Mitigated Negative Declaration
(MND), Environmental Review No. 2013 -14. Section 15063 of the State CEQA Guidelines and
Sections 15070 -15075 of Article 6 guide the process for the preparation of a mitigated negative
declaration.
This MND, as required by CEQA, contains 1) a project description; 2) a description of the
environmental setting, potential environmental impacts, mitigation measures for any significant effects,
and consistency with plans and policies; and 3) names of preparers. The mitigation measures included
in this IS /MND are designed to reduce or eliminate the potentially significant environmental impacts
described herein. The scope of the MND evaluates the proposed project's effects on the following
resource topics:
• Aesthetics
• Agriculture and forest resources
• Air quality
• Biological resources
• Cultural resources
• Geology and soils
• Greenhouse gas emissions
• Hazards and hazardous materials
• Hydrology and water quality
• Land use and planning
• Mineral resources
• Noise
• Population and housing
• Public services
• Recreation
• Transportation /traffic
• Utilities and service systems
75D -12
ZOA No. 2013 -03 & SPR No. 2013 -05
October 14, 2013
Page 11
The City prepared a draft MND and posted the Notice of Intent (NOI) to adopt an MND at the
Orange County Clerk's office; the NO1 was published in the Orange County Register on August 1,
2013. The City circulated the draft MND for a 34 -day public review between August 1, 2013 and
September 3, 2013. The draft MND was available for public review at the Santa Ana City Hall, the
City of Santa Ana Main Library, and on the City's website.
This final IS /MND contains the original draft IS /MND as published, as well as comments received on
the draft IS /MND and the responses of the lead agency to significant environmental points raised in the
review and consultation process. The intent of the final IS /MND is to provide a forum to air and
address comments pertaining to the analysis contained in the draft IS /MND and to provide an
opportunity for clarification, corrections, or minor revisions to the draft IS /MND as needed. Comments
were received during the public review period. Pursuant to Section 15088 of the State CEQA
Guidelines, the City, as the lead agency for the project, has reviewed all comments received on the
draft IS /MND (Exhibit 7).
As a result of the environmental analysis, mitigation measures have been provided to address
potential environmental impacts. A list of these mitigation measures are found within the MND
document. Mitigation measures have been outlined to address potential impacts on aesthetics, air
quality, cultural resources, geology and soils, noise, and transportation and traffic.
Conclusion
Based on the analysis provided within this report, staff recommends that the Planning Commission
recommend that the City Council approve Zoning Ordinance Amendment No. 2013 -03 and Site Plan
Review No. 2013 -05 as conditioned.
G- 'r
Sergi lotz, AICP
Principal Planner
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WrepoMkThe 301 AA 101413.m
Attachments:
Exhibit 1 — General Vicinity Map
Exhibit 2 — Land Use Map
Exhibit 3 — Site Plan, Floor Plan, Building Elevations, Landscape Plan
Exhibit 4 — Specific Development No. 59 (SD_59) Amendments
Exhibit 5 — Parking Study
Exhibit 6 — Sunshine Meeting and minutes
Exhibit 7 — Final Mitigated Negative Declaration and Mitigation Monitoring & Reporting Program
75D -13
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ZOA 2013- 03 /SPR 2013 -05
RYAN OGULNICK _ - _ 500 FEET
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RYAN OGULNICK
301 JEANETTE LANE
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APPLICABILITY OF ORDINANCE
The specific development zoning district, as authorized by Chapter 41, Division
26, of the Santa Ana Municipal Code, is specifically subject to the regulations
contained in this ordinance for the express purpose of establishing use district
regulations. All other applicable chapters, articles and sections of the Santa Ana
Municipal Code shall apply unless expressly waived or superseded by this
ordinance. Use district regulations established in Chapter 4l, Article III, of the
Santa Ana Municipal Code for zoning districts other than the SD zoning district
may be incorporated herein by reference.
PURPOSE
The Specific Development No. 59 (SD -59) use district regulations are hereby
established for the express purpose of protecting the health, safety and general
welfare of the City by encouraging the use of innovative planning concepts and
principles and promoting and enhancing the value of properties and encourage
orderly development.
The SD -59 regulations will establish a professional district that will entitle 57,700
square feet of commercial space at the northeast corner of Main Street and
Memory Lane with 187 for sale and 182 rental residential units further to Lawson
Way. This area will be a mixed use district with eating establishments, support
services and a residential component consisting of live -work, and townhouse units
and multi - family apartments.
EXHIBIT 4
75D -61
PART 1. GOALS, OBJECTIVES AND POLICIES
City Place Specific Development District is located within the northern area of the
City. The City Place Specific Development District encompasses a large vacant
property bounded by Main Street to the west, Memory Lane to the south, Lawson
Way to the east and the City boundaries to the north. A regional mall,
professional offices, a senior care facility and Santiago Park surround the project
site.
The City Place Specific Development District maintains a commercial corridor
along Main Street while introducing a residential character along the eastern
portion of the district, with a mixture of live -work, aad townhome buildings and
multi - family apartments. The City Place mixed -use project is intended to be an
addition to the commercial corridor and an infusion of housing to the district
along the north Main Street section of the City. In addition, the mixed use plan
for this site will result in the project becoming a node, or place of activity. The
objectives of the City Place Specific Development Plan includes the provision of
the following:
A long -tern development that is of the highest architectural quality
and design;
2. A landscaping plan that is complementary to a large scale mixed
use development;
3. An exciting and visually cohesive development as viewed both
internally and extemally;
4. A bold but integrated sign program suitable for a mixed use project
of this scale and scope;
5. A development that is consistent with the District Center
designation of the General Plan and which implements the spirit
and intent and policies of the General Plan;
6. Concentrated and internally integrated development rather than
development that spreads activities into adjacent residential
neighborhoods;
7. A development that provides special design themes which are
expressed in building appearance and configuration, street and
pedestrian area design, landscaping, lighting and signage, and also
provides for pedestrian linkages internally and to the surrounding
neighborhood, traffic and service buffering and transitions in
architectural scale and character;
75D -62
Provision of off - street parking sufficient to service the
development, consistent with the mix of uses contained in the
project;
9. Provision or replacement of public streets, sidewalks, sewers,
storm drains, traffic signals, lighting systems, and other public
facilities and improvements, as necessary;
10. Opportunities for cultural amenities and facilities serving the visual
and performing arts which are open for public patronage:;
11, A landmark mixed -use project along north Main Street across from
Main Place Mall.;
12. Maintain the existing streetscape pattern including sidewalk
design, mature trees and light fixtures.;
13. Introduce a mixture of multi - family housing types to the district.;
14. Provide a mixed -use project in scale and character with established
commercial and residential structures along the north end of the
district-.Land
15. Enhance the pedestrian experience through the development of
new plaza areas and water features throughout the project as well
as the intersection of Main Street and Memory Lane.
75D -63
PART 11. PERMITTED LAND USES
The categories of land uses to be included within the project area are: banks and
similar financial institutions, retail and restaurants. In addition multi- family
residential uses (excluding live -work units) are permitted. If a use is for any
reason omitted from those specified as permissible or if ambiguity arises
concerning the approximate classification of a particular use within the meaning
and intent of this Plan, the determination shall be at the discretion of the Planning
Manager. Such decision may be appealed to the Planning Commission whose
decision is final.
Permitted Uses.
a. Within Buildings A, B, C and D (as identified on site plan), the
following uses are permitted:
b. Retail sales uses including but not limited to clothing stores or
boutiques; florists; news - stands; pet stores; photography studios;
video stores; office and computer equipment book and stationery
store; camera shop; shoe store sporting goods store; art gallery;
craft store; cultural displays and related merchandising; bicycle
store; pharmacies and drug stores; fabric shops; jewelry shops;
furriers, design and furniture centers; cookware and gourmet
specialty shop; office furniture store.
C. Full service cafes and restaurants which may include incidental
take out service. Full service cafes and restaurants shall be limited
to those that provide sit -down dining areas and exclusive table
service for ordering and delivering meals and beverages.
d. Day care facilities
e. Museums and libraries
f. Theaters
g. Within Building E, as identified on site plan:
Retail use with a minimum of 25,000 square feet.
h. Within the Courtyards and The Park, as identified on site plan:
Multiple family residences as condominiums.
75D -64
ii. Uses incidental or ancillary to any residential use, such as
swimming pool, sauna, jacuzzi, benches, playgrounds,
BBQ and other outdoor recreational facilities.
Within The Lofts, as identified on site plan:
Permitted uses as identified in Section A. 1 -5, 8, 9 and 11.
ii. Uses incidental or ancillary to any residential use, such as
swimming pool, sauna, jacuzzi. benches, playgrounds,
BBQ and other outdoor recreational facilities.
Within Lot 1, as identified on Vesting Tract Map No. 2004 -06
(County No. 16565):
Single family residenees eta maximufn density of one un;t
per aere. One hundred and eighty two 082) unit multi-
family use.
k. Ancillary uses to commercial area:
A maximum of five permanent outdoor sales kiosks or
carts. The size and location of each Kiosk or cart shall be
approved on a mastetplan of such uses by the Planning
Commission prior to their construction or installation.
2. Conditionally Permitted Uses
The following uses are permitted upon the approval of a conditional use
permit in accordance with the Santa Ana Municipal code:
a. Within Buildings A, B, C and D (as identified on site plan):
i. Uscs open between midnight to 5:00 a.m.
ii. Banquet facilities, subject to development and operational
standards set forth in 41- 199.1.
iii. Nightclubs, bars and indoor entertainment uses whether
freestanding or part of another permitted or conditionally
permitted use, except adult entertainment businesses.
iv. Establishments selling or serving alcoholic beverages.
Coffee houses houses or similar uses not specifically listed
in Part 11, Section I.d. of this ordinance.
75D -65
vi. Parking structures
b. Within The Lofts, as identified on site plan:
i. Live -work communities
ii. Ceramic and pottery studios
iii. Glass blowing and sculpturing studios
iv. Coffeehouses
V. Temporary residential model complex and office
C. Within The Courtyards and The Park, as identified on site plan:
i. Temporary residential model complex and office
d. Within Building E, as identified on site plan:
i. Retail grocery markets which are open at any time between
the hours of midnight and 5:00 a.m.
e. Within the commercial component area:
i. Certified Farmers Market for the sale of vegetables, fruits
and other agricultural products on weekends and holidays
only from 6 a.m. to 2 p.m.
ii. Community oriented live performance theater.
3. Uses Not Permitted
a. Schools, private or public.
b. Medical office or clinics.
C. Commercial uses with vehicular dive - through lanes or windows
(i.e. drive - through restaurants, pharmacy or similar uses) are
prohibited.
d. Fast food or exclusively take -out restaurants.
e. All other uses not expressly permitted or conditionally permitted in
this ordinance
6
75D -66
75D -67
PART III. DEVELOPMENT STANDARDS
The City Place Specific Development District is intended to allow the development
of a mixed -use project maintaining a commercial presence along Main Street, while
introducing a mixture of multiple family housing to the eastern portion of the
development site. The following general development standards are applicable to
this project:
A. Floor Area Ratio /Density.
The following sets forth the maximum allowable floor areas for the
various permitted use classifications of the project. The overall Floor
Area Ratio ( "FAR ") of the Main Street Concourse project of
approximately 2.54. This FAR represents the maximum intensity of
development for the site.
Floor Area Ratio (F.A.R.)
The maximum floor area ratio for the project site shall be 2.54. The
FAR is calculated by dividing the total square footage of the
structures by the total square footage of the project site. Consistent
with the General Plan, parking structures are not included in the FAR
calculation.
2. Parcel Size
The City Place development project site is 17.7 acres. Subdivision of
the parcel shall be consistent with Vesting Tract Map No. 2004 -06
(County No. 16565). In no case shall commercial buildable parcels be
less than 6 acres in size and residential buildable parcels be less than 2
acres in size.
Screening
All appurtenances shall be located outside any required setback
and shall be screened from view.
4. Parking
A. As a mixed -use development, the Specific Development
standards recognize the opportunity to share parking
amongst the mixture of commercial uses. In addition the
SD 59 acknowledges that the mix and proximity of
residential units and commercial space allows for the
opportunity for a variety of transportation modes, primarily
walking as an alternative. As such, the following parking is
required:
75D -68
a. Parking has been calculated utilizing the Urban
Land Institute methodology for shared parking. As
such, the following square footage can be utilized
within the commercial area of the City Place
development project:
For the first 23,300 square feet of restaurant,
33,800 square feet of retail, the parking
requirement shall be 410 parking spaces.
ii. Any additional development above item
4A.a. i. shall be parked pursuant to the
City's parking standards then in effect.
b. Lot 1 of Vesting Vesting Tract Map No. 2004 -06
(County No. 16565) Mulit - family Residential 13n
Parking
L One, two and three bedroom units shall
provide 1.8 two parking spaces per unit.
ii. In addition to items 4.b.i, 0.2 parking spaces
shall be provided as guest parking.
iii. Up to 64% of the required tenant parking
(item 4.b.i) shall be designed in a tandem
configuration.
be. Parking Setbacks
Internal Loop Road:
The minimum required setback for the
parking area is 15 feet as measured from edge
of sidewalk.
ed. Screening
All appurtenances shall be located outside any
required setback and shall be screened from view.
de. Landscaping:
75D -69
Landscaping throughout the project shall be
in compliance with the landscape plan
attached.
ii. The landscape plan shall be fully
implemented prior to the issuance of any
certificate of occupancy.
5. Open Space
a. A minimum ground level open space shall be provided at a
minimum rate of 60 square feet per unit. This ground level
open space shall be centrally located on the site to provide
access to all units.
Private open space shall be provided at a minimum rate of 50
square feet per unit.
h. Item 5.a.shall not apply to Lot 1 of Vesting g esting Tract Map
No. 2004 -06 (County No. 16565). A minimum of open space
at a rate of 205 square feet per unit shall be provided. The
oven space shall be located throughout Lot 1 to provide access
to all units. Such open space shall provide at minimum the
following: excercise pool, water features, firevits, seat walls,
tables, chairs, chaise lounges as well as mature landscaping,.
6. Signage
a. All signage shall comply with the Santa Ana Municipal
Code.
b. Prior to issuance of any sign permits or certificates of
occupancy for any building or portion thereof, a
comprehensive sign program for the entire site, including
directional signs and graphics, shall be submitted to and be
approved by the Planning Division.
Plaza and Fountain Design
a. The overall plaza design theme shall incorporate a
minimum of 6 major pedestrian -level water features within
the commercial component and 7 pedestrian level water
features elements within the residential component.
b. The plaza landscape palette must include a minimum of
four (4) tree species, to be approved by the Landscape
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75D -70
Development Associate prior to the issuance of any
building permit. The minimum established size for palm
trees shall be 30 feet brown trunk height. Non -palm tree
species shall be a minimum of 20 feet in height and 60 -inch
box.
C. Exterior kiosks, carts or other temporary outdoor uses are
not allowed unless specifically submitted to and approved
by the Planning Commission as ^ °a y °i" in r'°^^ 5.a. as
this doeumertt.
d. Plazas shall incorporate seating, benches and landscaping
to provide visual interest and additional amenities within
the plaza.
e. Pedestrian amenities shall be provided such as lighting,
planters, unit pavers, and bicycle racks.
f. The color and appearance of the plaza furniture products
and other elements must complement the overall plaza
design and building architecture.
g. Benches and pedestrian seating shall be made of a durable
material such as concrete or painted iron and be designed to
minimize effects from vandalism, skateboarding and
weather.
h. Trash receptacles should be located in high- activity areas,
such as plazas and other public open spaces. The style
shall be compatible with other project furnishings.
Bike racks shall be provided at key activity locations within
the plaza.
j. All street furniture surfaces, pedestrian -level walls and
amenities shall incorporate graffiti resistant coatings.
k. Soft as well as hard surfaced areas shall be incorporated
into the Plaza area. Plaza area paving shall consist of
quality decorative elements.
Lighting height in the plaza area should be at a pedestrian
scale. A range between 16 feet and 22 feet in the plaza area
should be fully illuminated from dusk until dawn. The
overall lighting shall be maintained at one -foot candle and
incorporate other pedestrian - oriented lights, such as lighted
Il
75D -71
bollards. Uplighting of trees and other site features is also
required.
m. The required plaza area shalt include adequate provisions
for the on -going maintenance of all plaza and pedestrian
improvements.
n. Plans shall include design details, materials and provisions
for the on -going maintenance for all interior public areas
within the plaza area.
8. Public Art
a. Public art valued at one half of one percent of the overall
project construction valuation is required. The cost of any
water feature or portion thereof shall not be included for
purposes of complying with the public art requirement.
Public art may be comprised of multiple art pieces,
however, at least one such art piece shall be placed at the
northeast comer of the project site adjacent to Main Street
and Memory Lane. The public art should invite
participation and interaction, inspire, add local meaning,
interpret the community by revealing its culture or history,
and /or capture or reinforce the unique character of the new
place. A comprehensive Public Art Plan indicating
compliance with this requirement, and which proposes
specific pieces of art for specific locations or applications,
shall be submitted to the Planning Commission for review
and approval prior to issuance of any certificate of
occupancy. All public art approved by the Planning
Commission in the Public Art Plan shall be completely
installed prior to the issuance of any certificates of
occupancy for the project.
b. Art should be sited to complement features such as plaza or
architectural components so that the art is an integral part
of the development site.
C. Public art should be constructed using durable materials
and finishes including but not limited to stone or metal.
d. No art piece provided pursuant to the public art
requirement shall include advertising of any type, including
but not limited to products, services or businesses.
e. All public art provided pursuant to the public art
requirement shall be properly maintained at all times, be
free of any graffiti and shall not incorporate any flashing or
distracting form of illumination.
12
75D -72
f. All art pieces approved and installed pursuant to the Public
Art Plan shall remain on the project site and may not be
removed without the approval of the Planning Commission.
B. CC &Rs.
Reciprocal easements and Conditions, Covenants, and Restrictions
(CC &RS) tying the overall project together as an integrated development
and providing for joint access, ingress, egress, drainage, property
maintenance standards, trash pick -up operations, circulation and parking
management shall be recorded with the first final map prior to for the first
phase of development. The residential and non - residential portions may
be described in separate sections but they must be tied together by a single
master document. The Master CC &R's shall address trash and reciprocal
use rights in the residential and commercial components.
C. Building Height.
On any lot or portion of a lot�of the Specific Development Plan
area no building or structure shall exceed 59 0-feet in height, as
measured from the lowest adjacent finished grade.
D. Setbacks.
Setbacks at ground level are established to enhance pedestrian
space throughout the district, create compatible relationships
between existing and future building street elevations and
recognize opportunities to create new open space resources, such as
plazas, pedestrian ways and landscaped areas.
Except as otherwise indicated, all setbacks shall be measured from
the street side property line to the first building element or
structure. No building, structure, or parking facility shall encroach
into any required perimeter setback either at or below grade. For
the purpose of this Plan, a street side property line is that line
created by the ultimate right -of -way line of the adjoining public
street. Minimum setbacks are as follows:
a. Main Street (perimeter): The average building setback
shall be 19.5 feet. The minimum setback shall be 8 feet.
This setback area may include hardscape as shown on the
approved site plan.
b. Lawson Way (perimeter): The average building setback
shall be 18 feet. The minimum setback shall be 7 feet.
13
75D -73
Memory Lane (perimeter): The average building setback
shall be 11 feet 8 inches. The minimum setback shall be 3
feet 4 inches. Hardscape, landscape and water features
shall be provided in the required setback as shown on the
approved site plan.
d. City Place Eeneeurse Drive (interior street set backs): The
minimum setback shall be 15 feet measured from street
curb.
e. Jeanette Lane (interior street setback): The minimum
setback shall be 13 feet measured from street curb.
Required on -site perimeter landscaped setbacks shall not exceed an
aggregate 33% slope.
Within the interior of the project, retail canopies may project five
(5) feet into setback area.
E. Site Coverage And Open Space.
For purposes of this Section 6, open space shall not include private
streets or driveways, roadways or parking stalls. Open space does
include landscaping, walkways, and covered arcades.
2. Residential open space may be private common area or private
yard but shall in no event include any space provided in required
setback areas. The CC &Rs shall require that all residents be
allowed access to all residential common areas in the project,
subject to reasonable restrictions as may be imposed for security
and safety by property management. No required setback area
shall be calculated as required open space.
3. Individual parcels or lots will not be limited in site coverage. Each
parcel shall have a minimum 120 feet of street frontage.
4. Single family attached residential shall provide a minimum of 50
square feet of ground level private yard open space per unit, which
open space shall be adjacent to the living, dining or kitchen area of
each unit. Perimeter fence shall be provided and shall not exceed
five feet in height on the exterior and 42 inches on the interior.
Condominium units shall contain a balcony with dimensions not
less than six feet in any direction of private open space area.
14
75D -74
6. Pathways from the common area through the private yard open
space shall not be included in the calculation of private open space
area.
F. Parking.
Vehicular site access points will be provided from Lawson Way,
Main Street, end €fam Memory Lane, and €rem- Jeanette Lane and
North Road, as defined on the site plan.
2. There shall be no sharing of residential parking.
3. Parking gate locations and stacking distances shall comply with
applicable Department of Public Works policies.
4. No partitions, walls or other obstructions shall be built or placed
with the garages preventing the spaces from being used by
residents for the parking of vehicles.
5. Recreational vehicle, boats, trailers or similar storage is prohibited
on -site.
6. The townhouses shall be designed with vertical roll -up garage
doors, where applicable.
7. All paved areas shall be sloped to drain. Finished slope of areas
paved with asphalt concrete (AC) shall be not less than one
percent. Finished slope of areas paved with portland concrete
cement (PCC) shall not be less than one -half of one percent.
Portland Cement concrete gutters shall be installed to receive
drainage from asphalt concrete paved areas; such gutters shall be
not less than three feet in width.
Residential parking is calculated separate from commercial
designated parking and no provision is made for shared parking
consideration.
All parking areas shall be surfaced with material so as to provide a
permanent surface capable of withstanding the type of vehicular
traffic to which such an area is likely to be subjected as follows:
a. Covered Parking Areas - Passenger vehicle parking areas
within or under building shall be paved with Portland
Cement Concrete with a minimum compressive strength of
2,000 p.s.i.
15
75D -75
b. Open Parking Areas - Parking areas other than those within
a building may be paved with asphalt concrete. Asphalt
concrete pavement shall be a minimum thickness of three
and one -half for passenger vehicle parking areas.
Thickness of asphalt concrete may be reduced to a
minimum thickness of two inches for passenger vehicle
only traffic, provided an approved aggregate base course is
constructed under the asphalt pavement. The minimum
thickness of such base course shall be four inches.
Surfacing, Parking or Drive Aisles - All off - street parking,
vehicle maneuvering areas, tum- around areas, driveways,
and private streets, shall be surfaced, and thereafter
maintained with Portland Cement Concrete poured to a
minimum thickness of 5% inches.
M Paved areas shall be designed to carry surface water to the nearest
practical street, storm drain, or natural watercourse. Concentrated
flows of water from parking areas shall not flow by gravity over
any public property or pedestrian walkway, but shall be collected
in an appropriate manner within the property confines and
conducted under the sidewalk.
11. All parking areas shall be maintained in a safe and sanitary
condition free of dust, mud, or trash, and shall be kept in good
repair. Any alteration, enlargement, maintenance or repairs shall
be pursuant to the aforementioned standards.
12. All parking spaces shall be double striped in a manner clearly
showing the layout of the intended parking stall. Such striping
shall be maintained in a clear, visible and orderly mariner.
G. Loading Areas.
Entrances and exits to loading facilities should be limited in
number and shall not interfere with the flow of traffic along the
perimeter streets.
2. Loading areas should be located so as to minimize potential for
intrusion into residential portions of the project and adjacent
neighborhoods while allowing for efficient utilization by
commercial users.
Loading areas shall be located and designed to minimize direct
exposure to public view. These areas shall be screened with
landscaping and walls to reduce visual impacts.
16
75D -76
4. Loading areas shall be visibly separated from public entrances and
parking areas.
5. Loading stalls shall be designed to not interfere with circulation or
parking, and to permit trucks to fully maneuver on the property
without backing up from or onto a public street.
6. Loading areas shall be graded to drain surface water to an alley,
street or public storm drain. Surface water shall be conducted
under any intervening public sidewalk by a drain approved by the
Public Works Department and in accordance with a valid NSDES
Permit. Under no circumstances shall surface water be allowed to
collect in pedestrian areas.
The surface area used for any loading activity shall be paved with
not less than 4 inches of asphaltic concrete on 8 inches of crushed
rock base, or with 5 %: inches of Portland concrete cement. Soil
conditions or the nature of the trucking activity may necessitate
greater requirements as determined by the Division of Building
and Safety and a soils report prepared by a licensed soils engineer.
8. Each loading space aligned with and directly adjacent to a parking
space shall be clearly designated, "LOADING ONLY."
9. At a minimum, separate loading areas shall be designated on the
approved site plan or any modification thereto, for each adjacent
retail shops /restaurants.
10. A loading areas for the project shall be able to accommodate a 55
foot semi - trailer for the Building E.
H. Storage Areas/Mechanical Equipment.
All mechanical equipment shall be screened below parapets and
situated to minimize visual impacts.
No outdoor storage shall be permitted.
There shall be no exposed television, ham radio, dish or other
antenna.
L Refuse Collection Area.
A refuse collection area shall be located at each loading dock per
approved site plan.
17
75D -77
2. All outdoor refuse collection areas shall be visually screened from
access streets and adjacent property by a complete opaque screen
or by rolldown screened doors, or by landscaping and fencing.
3. No refuse collection areas shall be permitted between a frontage
street and the building line, unless adequate screening is provided.
4. The commercial and residential uses shall provide a trash pick -up
operation agreement to be included in the CC &R's for the project.
5. Each trash enclosure shall have a minimum of six inch concrete
slab in front of the enclosure that is at least the same dimension as
the trash enclosure.
6. Townhouse unit trash vestibules shall be designed with a hose bib
for washing out the area.
All trash enclosures throughout the project shall be designed with
metal doors.
Telephone, Electrical, Water, Gas, Cable TV, Storm Drains and Sewer
Service.
1. All "on- site" utilities shall be placed underground.
2. Transformers or terminal equipment shall be visually screened
from view from streets and adjacent properties and may be located
in concrete vaults below grade.
3. There shall be no exposed downspouts, scupper drains, electrical
or mechanical limes on the building. All mechanical equipment
shall be screened from view in an architecturally integrated
manner.
4. All residential units shall be separately metered for electrical, gas
and water service.
5. Sanitary sewer, storm drainage and water service shall be designed
as a private system on -site. There shall be private water meters as
outlined in Section 34 -313.5 of the Santa Ana Municipal Code.
6. The utility lines in the townhouse drive aisle shall be laid out so as
to not prevent the planting of trees and other landscape material in
the drive aisle area.
IF
75D -78
K. Maintenance.
The entire project shall be maintained to exceed community standards for
attractive and sanitary conditions. The CC &Rs for the project shall set
forth the maintenance procedures applicable to the project. A
maintenance agreement approved by the Executive Director of Public
Works Agency shall be executed with the City for the maintenance of
special pavement treatment, planting, street lights, etc. in the public right -
of -way and in required easement areas. This agreement shall be executed
with the City prior to recordation of any subdivision map and included or
referenced in the CC &Rs for the project.
19
75D -79
FEHR PEERS
MEMORANDUM
Date: October 8, 2013
To: Karen Haluza AICP, City of Santa Ana
From: Christopher Gray AICP, Fehr & Peers
Subject. Parking Study- The 301 East Jeanette Lane Project in Santo Ana
This memo documents the results of a parking study we conducted for the 301 East Jeanette Lane Project
in the City of Santa Ana. This memo documents two major items including an evaluation of parking
demand and our review of tandem parking operations at other facilities.
PARKING SUPPLY AND DEMAND CALCULATIONS
When we evaluate parking for a new site, we consider two separate items:
1. Consistency with parking code requirements: This criteria refers to whether a project provides
sufficient parking based on rates in the Municipal Code for a particular City
2. Parking demand: This criteria addresses whether the demand for parking, as measured by the
number of persons wanting to park simultaneously, is equal to or less than the supply. Parking
demand is assessed through historical parking surveys of other comparable sites to determine
how many persons actually park,
A variety of sources can be used to asses parking demand. One industry standard reference is Parking
Generation developed by the Institute of Transportation Engineers (ITE). The latest editio-i available is the
3r° edition, which was used as part of this analysis. The Parking Generation book reports parking demand
based on empirical data in which parking demand was counted for a particular site and then reported to
ITE. ITE then aggregates this data for studies across the United States and compiles the information in the
Parking Generation manual.
Our review indicates that parking demand for multi - family units varies based on the location (in a central
city or suburban area) and other factors. The range of rates varies from approximately 0.7 to 1.96 parking
spaces per unit. A majo -ity of the parking demand rates identified in this document are approximately 1.5
parking spaces per unit. This number is inclusive of residents, guests, deliveries, and other vehicles parking
on -site for other reasons.
Using both the average and maximum value, yields the parking demand for the site ranging from 273
parking spaces to 356 spaces. Since the project proposes to provide 364 spaces, we can conclude that the
parking supply is sufficient, even for the highest demand scenario.
8141 E. Kaiser Boulevard, Suite 110, CA 92808 (714) 941 -8800
www.fehrandpeers.com
EXHIBIT 5
91 X40
Karen Haluza
October 8, 2013
Page 2
TANDEM PARKING SURVEY
FEHR'i' PEERS
A portion of the parking supply will be provided through tandem parking spaces. Approximately 64% of
the parking spaces will be tandem spaces which will be assigned to the 1 bedroom units. We conducted a
survey of comparable projects.
The survey posed the following questions:
1. Name of the facility
2. Contact
3. Address
4. How many units are in your facility?
5. What is the distribution of units by number of bedrooms?
a. 1 bedroom:
b. 2 bedroom:
c. 3 bedrooms:
6. How many parking spaces do you provide on -site?
7. Do you provide any parking spaces off -site or have agreements with other facilities allowing your
residents to park at alternative locations?
8. How many of these spaces are tandem parking spaces?
9. How are tandem spaces assigned?
a. By unit?
b. By bedroom?
c. By person?
d. First come /first serve?
10. Can tenants rent additional spaces?
11. Do you use a valet to manage the operations of the tandem parking?
12. Have you had specific complaints about the tandem parking spaces from guests or residents?
a. If so, how often do they occur?
b. What complaints do you receive?
13. Do you have a mechanism or procedure to help residents or guests who might get stuck behind a
car in a tandem space?
14. When new residents move into your facility, how often do they express concern about the tandem
spaces?
15. Do you have a written or adopted parking management plan that limits your parking?
16. Do you have any other comments or observations about the tandem spaces in your facility?
We identified and contacted 15 potential survey sites. We then administered the survey to six of the
15 sites which have tandem parking. The other sites either did not have tandem parking or were non-
Page 2 of 12
75D -81
Karen Haluza
October 8, 2013
Page 3
FEH R -' PEERS
responsive when contacted. The survey results for key questions are provided below. The actual
survey results for each facility are provided in Appendix A.
Ouestion #8- How Many Spaces are Tandem Spaces
The percentage of spaces which were tandem spaces vaned. Two projects provided
approximately 1/3 of their spaces through tandem parking, two projects provided about 45 -50%
of their parking through tandem spaces, while the final project had a tandem percentage which
was 70 %, similar to the proposed project.
Ouestion #9- How are Tandem Spaces Assigned
Tandem spaces are assigned similarly in all projects. In most instances, the tandem spaces are
assigned to a particular unit, though the approach differs. For example, the 1818 Platinum
Triangle Project assigns tandem spaces to any one bedroom unit with two occupants. The Del Rio
Apartments ass gns the tandem spaces to the two bedroom units.
Question #11- Do you use a valet to manage the operations of the tandem spaces?
All five survey respondents indicated that they did not use a valet to manage the operations of
the tandem spaces.
Ouestion #12- Have you had specific complaints about the tandem oarkina spaces from guests or
residents?
None of the survey respondents indicated that there were any complaints about the tandem
spaces. In fact, the opposite was indicated. The manager of the Del Rio Apartments explained
that there were no complaints about the tandem spaces because "People who tandem park live in
the same unit." The manager of the Magnolia at Sherman Oaks said 'People are familiar with
tandem parking."
Ouestion #14- When new residents move into your facility, how often do they express concern about
the tandem spaces?
Respondents indicated that prospective residents rarely, if ever, expressed concerns about the
tandem spaces. The manager of the 1818 Platinum Triangle Project stated the following in
response to this question:
Page 3 of 12
75D -82
Karen Haluza
October 8, 2033
Page 4
FEH R � PEERS
"No, they usually understand how tandem parking works. They'll choose a different apartment
complex if they don't want to tandem park."
This last item is critical since it reinforces the element of self - selection. Our experience is that someone
who is uncomfortable with a particular parking configuration will simply choose not to live in a particular
building, whether the parking is provided as tandem spaces, unbundled parking, or other configuration.
However our research has found no evidence to suggest that any significant proportion of potential
residents have an aversion to tandem or other configuration and would select another option because
tandem was provided.
CONCLUSIONS
Based on the information above, we can conclude that the parking provided for this site will be sufficient
based on two primary items of information:
First, our estimates of parking demand indicate that the parking supply is sufficient for even the
highest parking demand scenario based on the most conservative data which we can find.
Second, the proposed tandem parking arrangement is similar to what is employed at other
residential projects throughout Southern California. We would therefore conclude that the
tandem parking arrangement will be successful based on three specific items:
o The tandem spaces will be assigned to specific units, meaning that persons will be able to
easily communicate their schedules and be able to move their cars more easily than if the
tandem spaces were randomly assigned as sometimes happens with spaces in office
buildings.
o Tandem parking for residential units is becoming more common place in Southern
California. As shown in the survey, we were able to quickly and easily find six residential
projects which successfully provided tandem parking including three in Orange County.
o The self - selection factor will also limit any likely problems. Persons who are not
comfortable with tandem spaces will simply choose not to live in the project (although we
found no evidence that tandem is undesirable). In many cases the extra space will be
utilized as a private guest parking for the one bedroom renter (because a majority of the
one bedroom units may be occupied by one person with one car).
We hope you find this information informative and useful. If you have any specific questions or concerns,
please contact us at 714- 941 -8800.
Page 4 of 12
75D -83
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1. Name of the facility: 1818 Platinum Triangle
2. Contact: Andre (714.978 -1818)
3. Address: 1818 S. State College Blvd, Anaheim, CA
4. How many units are in your facility? 265
5. What is the distribution of units by number of bedrooms?
a. 1 bedroom: 160
b. 2 bedroom: 105
c. 3 bedrooms:
6. How many parking spaces do you provide on -site? Approximately 500 -600 total (75 guest
spaces)
7. Do you provide any parking spaces off -site or have agreements with other facilities allowing
your residents to park at alternative locations? No
B. How many of these spaces are tandem parking spaces? Approximately 35'%
9. How are tandem spaces assigned?
a. By unit?
b. By bedroom? One beds with two people
c. By person?
d. First come /first serve?
10. Can tenants rent additional spaces? Yes, $50
11. Do you use a valet to manage the operations of the tandem parking? No
12. Have you had specific complaints about the tandem parking spaces from guests or residents? No
a. If so, how often do they occur?
b. What complaints do you receive?
13. Do you have a mechanism or procedure to help residents or guests who might get stuck behind
a car in a tandem space?
14. When new residents move into your facility, how often do they express concern about the
tandem spaces? Rarely, they usually understand how tandem parking works. They'll choose a
different apartment complex if they don't want to tandem park (only applicable to 1 bedroom
units with two tenants).
15. Do you have a written or adopted parking management plan that limits your parking? No
16. Do you have any other comments or observations about the tandem spaces in your facility? No
Page 7 of 12
75D -86
1. Name of the facility: Del Rio Apartments
2. Contact: Travis (310.390.5909)
3. Address: 3430 S. Sepulveda Blvd, Los Angeles, CA
4. How many units are in your facility? 81
5. What is the distribution of units by number of bedrooms?
a. 1 bedroom: Does not know
b. 2 bedroom: Does not know
c. 3 bedrooms: None
6. How many parking spaces do you provide on -site? 81
7. Do you provide any parking spaces off -site or have agreements with other facilities allowing
your residents to park at alternative locations? No
8. How many of these spaces are tandem parking spaces? Approximately 30%
9. How are tandem spaces assigned?
a. By unit? Yes, all 2 bedroom units have tandem parking
b. By bedroom?
c. By person?
d. First come /first serve?
10. Can tenants rent additional spaces? No
11. Do you use a valet to manage the operations of the tandem parking? No
12. Have you had specific complaints about the tandem parking spaces from guests or residents?
No, since people who tandem park live in the same unit.
a. If so, how often do they occur?
b. What complaints do you receive?
13. Do you have a mechanism or procedure to help residents or guests who might get stuck behind
a car in a tandem space? No, since people who tandem park live in the same unit.
14. When new residents move into your facility, how often do they express concern about the
tandem spaces? Very rarely.
15. Do you have a written or adopted parking management plan that limits your parking? No
16. Do you have any other comments or observations about the tandem spaces in your facility?
Since tandem is for the two bedroom units, the tenants coordinate parking since they live
together.
Page 8 of 12
75D -87
1. Name of the facility: Magnolia at Sherman Oaks
2. Contact: Alex (818.981.3449)
3. Address: 15357 Magnolia Blvd, Sherman Oaks, CA
4. How many units are in your facility? 99
5. What is the distribution of units by number of bedrooms?
a. 1 bedroom: Does not know
b. 2 bedroom: Majority of units (does not know court)
c. 3 bedrooms: Does not know
6. How many parking spaces do you provide on -site? Just over 100 (does not know exact count)
7. Do you provide any parking spaces off -site or have agreements with other facilities allowing
your residents to park at alternative locations? No
8. How many of these spaces are tandem parking spaces? About 70%
9. How are tandem spaces assigned?
a. By unit? Yes, all two bedroom units get tandem spaces, all three bedrooms get tandem
and one additional space (not tandem).
b. By bedroom?
c. By person?
d. First come /first serve?
10. Can tenants rent additional spaces? Yes, $50 per additional (additional space is not tandem)
11. Do you use a valet to manage the operations of the tandem parking? No
12. Have you had specific complaints about the tandem parking spaces from guests or residents?
No, most tenants have come from other apartments with tandem parking so it is not a surprise
to them.
a. If so, how often do they occur?
b. What complaints do you receive?
13. Do you have a mechanism or procedure to help residents or guests who might get stuck behind
a car in a tandem space? No
14. When new residents move into your facility, how often do they express concern about the
tandem spaces? Rarely since they are generally use to tandem parking.
15. Do you have a written or adopted parking management plan that limits your parking? No
16. Do you have any other comments or observations about the tandem spaces in your facility?
People work around each other's schedules. They coordinate parking with their spouses or
roommates.
Page 9 of 12
75D -88
1. Name of the facility: Skyline at MacArthur Place
2. Contact: Kathy (714.557.4444)
3. Address: 9 MacArthur Place, Santa Ana, CA
4. How many units are in your facility? 349
5. What is the distribution of units by number of bedrooms?
a. 1 bedroom: 72
b. 2 bedroom: 277
c. 3 bedrooms:
6. How many parking spaces do you provide on -site? 780
7. Do you provide any parking spaces off -site or have agreements with other facilities allowing
your residents to park at alternative locations? Tenants who want additional parking can contact
4 Hutton Center across the street and make arrangements to park in a garage. Kathy does not
know any specifics of the parking arrangements.
8. How many of these spaces are tandem parking spaces? Not sure (would not give an
approximate percentage either).
9. How are tandem spaces assigned?
a. By unit? Yes, all one bedrooms and some two beds in north tower (fluctuates for 2
bedrooms depending on demand)
b. By bedroom?
c. By person?
d. First come /first serve?
10. Can tenants rent additional spaces? Tenants can rent an additional space at 4 Hutton Center
garage across the street.
11. Do you use a valet to manage the operations of the tandem parking? No
12. Have you had specific complaints about the tandem parking spaces from guests or residents? No
a. If so, how often do they occur?
b. What complaints do you receive?
13. Do you have a mechanism or procedure to help residents or guests who might get stuck behind
a car in a tandem space? No
14. When new residents move into your facility, how often do they express concern about the
tandem spaces? Rarely
15. Do you have a written or adopted parking management plan that limits your parking? No
16. Do you have any other comments or observations about the tandem spaces in your facility? No
Page 10 of 12
75D -89
1. Name of the facility: Sterling Westwood Towers (310.473.5998)
2. Address: 1260 Veteran Ave, Los Angeles, CA
3. How many units are in yourfacility? 59
4. What is the distribution of units by number of bedrooms?
a. 1 bedroom: Does not know
b. 2 bedroom: Does not know
c. 3 bedrooms: Does not know
5. How many parking spaces do you provide on -site? Does not know
6. Do you provide any parking spaces off -site or have agreements with other facilities allowing
your residents to park at alternative locations? No
7. How many of these spaces are tandem parking spaces? Approximately 50%
8. How are tandem spaces assigned?
a. By unit? Yes
b. By bedroom?
c. By person?
d. First come /first serve?
9. Can tenants rent additional spaces? No
10. Do you use a valet to manage the operations of the tandem parking? No
11. Have you had specific complaints about the tandem parking spaces from guests or residents?
No, tenants are familiar with tandem parking.
a. If so, how often do they occur?
b. What complaints do you receive?
12. Do you have a mechanism or procedure to help residents or guests who might get stuck behind
a car in a tandem space? No
13. When new residents move into your facility, how often do they express concern about the
tandem spaces? Never, they are usually use to tandem parking from their previous residence.
14. Do you have a written or adopted parking management plan that limits your parking? No
15. Do you have any other comments or observations about the tandem spaces in your facility? No
Page 11 of 12
75D -90
1. Name of the facility: Stadium Lofts
2. Contact: Karl (714.939 7935)
3. Address: 1801 E. Katella, Anaheim, CA
4. How many units are in your facility? 251
5. What is the distribution of units by number of bedrooms?
a. 1 bedroom: 80
b. 2 bedroom: 162
c. 3 bedrooms: 9
6. How many parking spaces do you provide on -site? 423 residential spaces
7. Do you provide any parking spaces off -site or have agreements with other facilities allowing
your residents to park at alternative locations? No
8. How many of these spaces are tandem parking spaces? 98 tandems (196 spaces;
9. How are tandem spaces assigned?
a. By unit?
Is. By bedroom? Majority of 2 bed /?baths
c. By person?
d. First come /first serve?
10. Can tenants rent additional spaces? Yes, $100 /month for a single space, tandem is $175 /month
11. Do you use a valet to manage the operations of the tandem parking? No
12. Have you had specific complaints about the tandem parking spaces from guests or residents?
No, people who don't want to tandem park will not rent here. Guests don't have to tandem
park.
a. If so, how often do they occur?
Is. What complaints do you receive?
13. Do you have a mechanism or procedure to help residents or guests who might get stuck behind
a car in a tandem space? No.
14. When new residents move into your facility, how often do they express concern about the
tandem spaces? Rarely, people who don't want to tandem park will not rent here.
15. Do you have a written or adopted parking management plan that limits your parking? No
16. Do you have any other comments or observations about the tandem spaces in your facility? No
Page 12 of 12
75D -91
V�
January 29, 2013
Community Meeting Notes for The 301 Project
Meeting Date: Januray 25, 2013
Developer: Vineyards Development, Inc.
Location: Bowers Museum, Santa Ana
Notice was sent on January 15, 2013 to each dwelling unit having a valid US Postal Service address within a 500 foot radius of the
project site, as well as all property owners within the 500 foot boundary. This list was provided by Ronald Cogswell/Title Pro
Sytems. Approximately 265 notices were mailed adjacent property owners and renters.
Our notice included:
• The time, place and date of the community meeting
• A map depicting the location of the subject property, including the properties contained within the notification boundary
• A brief description of the project
• Project contact information
• Notice was printed in both English and Spanish with instructions as to how to request language interpretation services for
those wishing to have interpretation during the community meeting in languages other than English. We received no
requests for interpretation services.
• Notice was also posted on the project site
• Notice was posted in the OC Register Online in addition to the OC Reporter.
14 residents (we believe 12 were couples from same residence, approximately R homes were represented) attended the
Community Open House, some signed in. We had a presentation conducted by Alex Anamos of LOHA (Architect), after which, we
answered questions that were posed by some of the attendees.
The topics raised were:
• Ingress /Egress to the building
• Dog Walking/Dog bags
• Rental vs Ownership
• High rise building being a detriment to the existing community
• Adequate parking
Overall, the response to the architecture and design was positive, the main concern of the attendees seemed to be the ingress
points to the building. We are in the process of determining if Public Works will allow an entrance off of Lawson Way, which was
the preferred entry and exit poirt for the existing residents.
EXHIBIT 6
Page 1 of 3
75D -92
Community Meeting Notes for The 301 Project
01.29.13 // Page 2 of 3
In response to the pet issue the developer will consider installing Dog Waste Stations, and have the property serviced by a
"pooper scooper" company to ensure waste is properly removed. Further, resident leases will contain rules and regulations to
make sure residents are responsible pet owners.
The current City Place residents are not supportive of high rise development on the site, and voiced that a structure which is the
same scale and magnidue as the the existing City Place community is in order.
The project will be mapped for condominiums and the developer would sell the units some time in the future if the economics
become viable, the initial plan is to maintain high end, luxury rental units.
The 301 project's ratio of parking is approximately two times that per bedroom of the existing City Place community and the
developer believes if anything the property will be over parked.
Page 2 of 3
75D -93
Community Meeting Notes for The 301 Project
Affidavit
State of California
County of,os Angeles
I, the undersigned, do hereby swear, certify and affirm that,
01.29.1311 Page 3 of 3
Pursuant to Ord -ante No NS -2838, Article 11 1 through Article 11.111 to Chapter 2 of the Santa Ana Municipal Code (relating tc
the City of Santa Ana Sunshine Ordnance) I held the required community meeting for the 301 Project. The meeting was held in
compliance as set by the City of Santa Ana Planning Department, inclusive of copies of all notices, notification lists, meeting sign -in
sheets, site postings, advertisements, or other communications used to publicize the meeting.
I declare under penalty of perjury that the foregoing is true and correct
Executed this "day ofJ' /I'i!j ,2013
Los Angeles, California
f
r
r-
RyariOgulnkk
CEO, Vineyards Develooment
Page 3 of 3
75D -94
THE 301
MULTI - FAMILY RESIDENTIAL PROJECT
MITIGATED NEGATIVE DECLARATION
Including the Final Mitigated Negative Declaration,
Mitigation Monitoring & Reporting Program, and
Response to Comments
is available for review at the following:
http:// www. santa- ana.orq /pba /planning/The30l Develop mentatCityPlace.asp
Planning and Building Agency
Planning Counter, First Floor
20 Civic Center Plaza
Santa Ana, CA 92701
7501-95
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Santa Ana
20 Civic Center Plaza
Santa Ana, California 92702
Attention: City Clerk
To be recorded without fee. (Space Above This Line For Recorders Use Only)
(Government Code, §§ 6103 and 27383)
INCLUSIONARY HOUSING AGREEMENT
THIS INCLUSIONARY HOUSING AGREEMENT is dated as of
, 2013, by and between the CITY OF Santa Ana, a California
municipal corporation, and a
( "Developer').
A. The City's Inclusionary Housing Ordinance ( "Ordinance ") became effective
on November 28, 2011.
B. The Developer is the fee owner of the Property located at
, Santa Ana, California.
C. The Developer desires to, at the Developer's sole cost and expense,
develop a (_) unit Project on the Property.
D. On , the City Council approved Ordinance /Resolution
Number , which sets forth the City Approvals for the Project.
E. On , the Inclusionary Housing Administrator, acting on
behalf of the City, approved an Inclusionary Housing Plan that was
prepared by the Developer in accordance with the requirements imposed
by the Ordinance and the Administrative Procedures Manual established
by the City Council to implement the Ordinance requirements.
EXHIBIT B
Inclusionary Housing Agreement Page 1
City of Santa Ana November 4, 2013
7501-96
F. This Inclusionary Housing Agreement, when fully executed by the City and
the Developer and recorded, is intended to satisfy the requirement that the
Developer enter into an Inclusionary Housing Agreement, as set forth in
the Ordinance and the conditions to City Approvals.
NOW, THEREFORE, in consideration of the mutual promises set forth in this
Inclusionary Housing Agreement and other good and valuable consideration, the
receipt and sufficiency of which is acknowledged by the City and the Developer,
the Parties, agree as follows:
DEFINITIONS OF TERMS
The following words, terms and phrases are used in this Inclusionary Housing
Agreement, as follows, unless the particular context of usage of a word, term or
phrase requires another interpretation.
Administrative Procedures Manual is this administrative procedures manual,
which has been prepared by the City for the implementation and enforcement of
the Ordinance. A copy of the Administrative Procedures Manual shall be
maintained on file with the City, and shall be provided to the Developer. A copy
of the Administrative Procedures Manual shall be made available to the
Homeowner upon request.
Affordability Gap is equal to the difference between the Fair Market Value of the
Inclusionary Unit and the Affordable Sales Price for the Inclusionary Unit.
Affordable Housing Cost means the maximum costs that can be borne by a
Low or Moderate Income Household based on the requirements imposed by
HSC Section 50052.5. The calculation methodology is described in the
Administrative Procedures Manual.
California Health and Safety Code ( "HSC ") provides definitions of household
income and affordable housing costs that are used in this Inclusionary Housing
Agreement.
City means the City of Santa Ana, California.
City Approvals are defined as the entitlement approvals and the Inclusionary
Housing Plan that must be approved by the City Council prior to the issuance of
building permits for the Project.
Inclusionary Housing Agreement Page 2
City of Santa Ana November 4, 2013
7501-97
City Council means the City of Santa Ana City Council.
City Manager is the City Manager of the City of Santa Ana.
Default means the failure of a Party to perform any action or covenant required
by this Inclusionary Housing Agreement within the time period provided herein
following notice and opportunity to cure, as set forth in Article 3 — Section 1 of
this Inclusionary Housing Agreement.
Developer means the developer of the residential project that is subject to this
Inclusionary Housing Agreement.
Effective Date means the date on which the Inclusionary Housing Agreement is
approved and executed by appropriate authorities of the Developer and the City;
and the Inclusionary Housing Agreement is executed by the authorized
representatives of the City and delivered to the Developer.
Exhibits means the exhibits to this Inclusionary Housing Agreement, which are
listed in Section 1.6.
Fair Market Value means the value of the Inclusionary Unit under normal
circumstances in which the seller and the buyer freely negotiate the terms of the
transfer of ownership. The Fair Market Value is estimated based on the
assumption that no income or affordability restrictions are placed on the
Inclusionary Unit.
Gross Income means all income from whatever source from all adult household
members for the previous calendar year as defined in California Code of
Regulations Title 25 Housing and Community Development Section 6914. The
definition includes the following specific requirements:
Except as provided in subdivision (2), all payments from all sources
received by the head of household (even if temporarily absent) and each
additional member of the household who is not a minor shall be included
in the annual income of a household. Gross Income shall include, but not
be limited to:
a. The gross amount, before any payroll deductions, of wages and
salaries, overtime pay, commissions, fees, tips and bonuses;
b. The net income from operation of a business or profession or from
rental or real or personal property (for this purpose, expenditures
Inclusionary Housing Agreement Page 3
City of Santa Ana November 4, 2013
75D -98
for business expansion or amortization of capital indebtedness shall
not be deducted to determine the net income from a business);
C. Interest and dividends;
The full amount of periodic payments received from social security,
annuities, insurance policies, retirement funds, pensions, disability
or death benefits and other similar types of periodic receipts (but
see subdivision (2)(c));
e. Payments in lieu of earnings, such as unemployment and disability
compensation, worker's compensation and severance pay.
Public Assistance. If the public assistance payment includes an
amount specifically designated for shelter and utilities which is
subject to adjustment by the public assistance agency in
accordance with the actual cost of shelter and utilities, the amount
of public assistance income to be included as income shall consist
of:
The amount of the allowance or grant exclusive of the
amount specifically designated for shelter and utilities, plus
ii. The maximum amount which the public assistance agency
could in fact allow for the household for shelter and utilities,
g. Periodic and determinable allowances such as alimony and child
support payments, and regular contributions or gifts received from
persons not residing in the dwelling;
h. All regular pay, special pay and allowances of a member of the
Armed Forces (whether or not living in the dwelling) who is head of
the household or spouse (but see subdivision (2)(e)).
Where a household has net assets in excess of $5,000, income
shall include the actual amount of income, if any, derived from all of
the net household assets or 10 percent (10 %) of the value of all
such assets, whichever is greater. For purposes of this section, net
households assets means value of equity in real property other
than the household's full -time residence, savings, stocks, bonds,
Indusionary Housing Agreement Page 4
City of Santa Ana November 4, 2013
75D -99
and other forms of capital investment. The value of necessary items
such as furniture and automobiles shall be excluded.
2. The following items shall not be considered as income:
a. Casual, sporadic or irregular gifts;
b. Amounts which are specifically for or in reimbursement of the cost
of medical expenses;
C. Lump -sum additions to household assets, such as inheritances,
insurance payments (including payments under health and accident
insurance and worker's compensation), capital gains and
settlement for personal or property losses;
Amounts of educational scholarships paid directly to the student or
to the educational institution, and amounts paid by the government
to a veteran for use in meeting the costs of tuition, fees, books and
equipment. Any amounts of such scholarships, or payments to
veterans not used for the above purposes of which are available for
subsistence are to be included in income;
e. The special pay to a serviceman head of a household away from
home and exposed to hostile fire;
Relocation payments made pursuant to federal, state, or local
relocation law;
Foster child care payments;
h. The value of coupon allotments for the purchase of food pursuant
to the Food Stamp Act of 1964 which is in excess of the amount
actually charged the eligible household;
Payments received pursuant to participation in the following
volunteer programs under the ACTION Agency:
National Volunteer Antipoverty Programs which include
VISTA, Service Learning Programs and Special Volunteer
Programs.
Indusionary Housing Agreement Page 5
City of Santa Ana November 4, 2013
75D -100
National Older American Volunteer Programs for persons
aged 60 and over which include Retired Senior Volunteer
Programs, Foster Grandparent Program, Older American
Community Services Program, and National Volunteer
Program to Assist Small Business Experience, Service
Corps of Retired Executive (SCORE) and Active Corps of
Executives (ACE).
HCD means the California Department of Housing and Community Development.
HUD means the United States Department of Housing and Urban Development.
Inclusionary Housing Administrator has the day -to -day authority for making
determinations related to the Ordinance and Administrative Procedures Manual.
The Inclusionary Housing Administrator will be appointed by the City Manager.
Inclusionary Housing Fund means a separate fund of the City established
pursuant to the Housing Opportunity Ordinance of the Santa Ana Municipal
Code. The fund was established for the specific purpose of providing the City
with funds to assist in the development of housing that is affordable to Low and
Moderate Income Households. The allowable uses of Inclusionary Housing
Funds, and the related reporting are described in the Administrative Procedures
Manual.
Inclusionary Housing Plan means an in -lieu fee submitted for approval to the
Inclusionary Housing Administrator that details the manner in which the
Inclusionary Housing obligations will be fulfilled by the project. The Inclusionary
Housing Plan form is presented in the Administrative Procedures Manual.
In -Lieu Fee refers to a fee that may be paid by a developer in specific
circumstances in lieu of providing Inclusionary Units within a project. Orange
County Median Income is calculated by HCD using non - aggregated census
income data and applying trending factors for metropolitan statistical areas
(MSA) throughout the country. The MSA for Santa Ana is Orange County. The
current household income information is presented in Attachment I of the
Administrative Procedures Manual.
Low Income Household refers to households whose incomes meet the
standards defined Title 25 of the California Code of Regulations Section 6932,
and by the HSC Section 50079.5. The maximum household income amount for
Indusionary Housing Agreement Page 6
City of Santa Ana November 4, 2013
75D -101
Low Income Households shall be the amount published by HCD as adjusted to
reflect the household size of the Homebuyer of the Inclusionary Unit.
Market Rate Unit means any unit in the project that is not restricted for
ownership and occupancy by Eligible Purchaser.
Moderate Income Household refers to households whose income meets the
standards defined Title 25 of the California Code of Regulations Section 6932,
and by the HSC Section 50093. The maximum household income amount for
Moderate Income Households shall be the amount published by HCD as
adjusted to reflect the household size of the Homebuyer of the Inclusionary Unit.
Ordinance means the Housing Opportunity Ordinance adopted by the City
Council on November 28, 2011 as it has been amended from time to time, which
is codified in the Santa Ana Municipal Code.
Party and Parties mean the City and the Developer as parties to this
Inclusionary Housing Agreement.
Project means the housing project proposed to be developed on the Property at
the Developer's sole cost and expense.
Property means the real property on which the Project is to be developed, for
which the legal description is provided in Exhibit A to this Inclusionary Housing
Agreement.
ARTICLE 1
PARTIES; REPRESENTATIONS AND WARRANTIES; EFFECTIVE
DATE; RECITALS; AND EXHIBITS
I. Parties to the Inclusionary Housing Agreement
-A. City. The City is a California municipal corporation. The address of the
City, for the purposes of this Inclusionary Housing Agreement, is:
City of Santa Ana
20 Civic Center Plaza
Santa Ana, California 92702
Attention: Executive Director, Community
Indusionary Housing Agreement Page 7
City of Santa Ana November 4, 2013
75D -102
Development Agency
-B. Developer. The Developer is a . The principal office and
address of the Developer, for the purposes of this Inclusionary Housing
Agreement, is:
Ryan Olgunick
Vineyards Development, Inc.
828 North Ogden Drive
Los Angeles, CA 90064
II. Developer Representations And Warranties
The representations and warranties of the Developer contained in Article 1 —
Section 11 shall be based upon the actual knowledge of the Developer as of the
Effective Date, and are true and correct as of the Effective Date. The
Developer's liability for misrepresentation or breach of warranty, representation
or covenant, wherever contained in this Inclusionary Housing Agreement, shall
survive the execution and delivery of the Inclusionary Housing Agreement.
The Developer hereby makes the following representations, covenants and
warranties, and Developer acknowledges that the execution of this Inclusionary
Housing Agreement by the City has been made in material reliance by the City
on such covenants, representations and warranties:
II -A. The Developer is a , lawfully entitled to do business in
the State of California and the City. The Developer has the legal right,
power and authority to enter into this Inclusionary Housing Agreement and
the instruments and documents referenced herein and to consummate the
transaction contemplated hereby. The persons executing this Inclusionary
Housing Agreement and the instruments referenced herein on behalf of
the Developer hereby represent and warrant that such persons have the
power, right and authority to bind the Developer.
II -B. The Developer has taken all requisite action and obtained all requisite
consents in connection with entering into this Inclusionary Housing
Indusionary Housing Agreement Page 8
City of Santa Ana November 4, 2013
7501-103
Agreement and the instruments and documents referenced herein and the
consummation of the transactions contemplated hereby, and no consent
of any other party is required for the Developer's authorization to enter into
this Inclusionary Housing Agreement.
II -C. Neither the execution of this Inclusionary Housing Agreement nor the
consummation of the transactions contemplated hereby shall result in a
breach of or constitute a default under any other agreement, document,
instrument, or other obligation to which the Developer is a party or by
which the Developer may be bound, or under any law, statute, ordinance,
governmental regulation or any writ, injunction, order or decree of any
court or governmental body applicable to the Developer or to the Property.
II -D. This Inclusionary Housing Agreement is, and all agreements, instruments
and documents to be executed by the Developer pursuant to this
Inclusionary Housing Agreement shall be duly executed by and are or
shall be valid and legally binding upon the Developer and enforceable in
accordance with their respective terms.
III. Effective Date
This Inclusionary Housing Agreement is dated November 4, 2013 for reference
purposes only. This Inclusionary Housing Agreement shall not go into effect
before the Effective Date.
IV. Recitals
The Recitals set forth above are true and correct. The Recitals are incorporated
into this Inclusionary Housing Agreement in their entirety by this reference.
V. Exhibit List
The following is a list of the exhibits attached to this Inclusionary Housing
Agreement. Each of the exhibits is incorporated by reference into the text of this
Inclusionary Housing Agreement.
Exhibit A Legal Description of Property
Exhibit B Site Map Depicting Property and Zoning Designations
City of Santa Ana
7501-104
Page 9
November 4, 2013
Exhibit C Calculations of In -Lieu Fee (Inclusionary Housing Plan)
ARTICLE 2
INCLUSIONARY HOUSING COVENANTS
I. Developer Compliance with the Ordinance
The Developer acknowledges that the City has provided the Developer with
copies of the Ordinance and the Administrative Procedures Manual. The
Developer is familiar with the requirements of all the foregoing documents and
shall ensure that the Project complies with this Inclusionary Housing Agreement
and the requirements set forth in all the foregoing documents.
II. In -Lieu Fee
In lieu of providing any fractional Inclusionary Unit specified in the Inclusionary
Housing Plan, the Developer shall pay to the City of Santa Ana the sum of
$1,977,000.00 prior to obtaining the first building permit related to the Project.
ARTICLE 3
DEFAULTS AND REMEDIES
I. Default
If either Party defaults with regard to any provision of this Inclusionary Housing
Agreement, the non - defaulting Party shall serve written notice of such default
upon the defaulting Party. If, after the service of written notice of such default,
Inclusionary Housing Agreement Page 10
City of Santa Ana November 4, 2013
75D -105
the defaulting Party does not cure such default within thirty (30) calendar days
after service of the notice of default (or, if such cure reasonably takes longer than
thirty (30) days, if such cure has not been commenced within the thirty (30) day
period and is promptly completed within a reasonable time, not to exceed ninety
(90) calendar days), the defaulting Party shall be in Default of the terms of the
Inclusionary Housing Agreement, and shall be liable to the other Party for
damages caused by such Default. Alternatively, the non - defaulting Party, at its
option, may institute an action for specific performance of the terms of this
Inclusionary Housing Agreement.
II. Legal Actions
In addition to any other rights or remedies, either Party may institute legal action
to cure, correct or remedy any Default, to recover damages for any Default, or to
obtain any other remedy consistent with the purposes of this Inclusionary
Housing Agreement. Further, in the event that the Developer sells or rents any
of the Inclusionary Units in violation of this Inclusionary Housing Agreement, as
restitution to the City, the Developer shall forfeit all monetary amounts obtained
through the sale or rental of the Inclusionary Units. All such restitution shall be
made to the City, and shall be placed in the City's Inclusionary Housing Fund.
II -A. The laws of the State of California shall govern the interpretation and
enforcement of this Inclusionary Housing Agreement.
II -B. In the event that any legal action is commenced by the Developer against
the City, service of process on the City shall be made by personal service
upon the City Manager, or in such other manner as may be provided by
law.
II -C. In the event that any legal action is commenced by the City against the
Developer, service of process shall be made by personal service on the
Developer's designated agent at such address as may be specified in
written notice to the City, or in such other manner as may be provided by
law, and shall be valid whether made within or without the State of
California.
III. Rights and Remedies are Cumulative
The rights and remedies of the Parties are cumulative and the exercise by either
Party of one or more of such rights or remedies shall not preclude the exercise
Indusionary Housing Agreement Page 11
City of Santa Ana November 4, 2013
7501-106
by it, at the same or different times, of any other rights or remedies for the same
Default or any other Default by the other Party.
ARTICLE 4
ICI 21 ' : GITIMtOI►K
Notices, Demands and Communications Between the Parties
Any and all notices, demands or communications submitted by any Party to
another Party pursuant to, or required by, this Inclusionary Housing Agreement
shall be proper if in writing and dispatched by messenger for immediate personal
delivery, or by registered or certified United States mail, postage prepaid, return
receipt requested, to the address of the City and Developer, as applicable, as
designated in Article 1 — Section I of this Inclusionary Housing Agreement. Such
written notices, demands and communications may be sent in the same manner
to such other addresses as either Party may from time -to -time designate as
provided in this Section.
Any notice, demand or communication shall be deemed to be received by the
addressee, on the day that it is personally delivered, if dispatched by messenger,
or two (2) calendar days after it is placed in the United States mail. In addition to
the submission of notices, demands or communications to the Parties via United
States Mail, copies of all notices shall also be delivered by facsimile to the
facsimile numbers designated in Article 1 — Section I.
Conflict of Interest
No council member, official, contractor, consultant, attorney or employee of the
City having any conflict of interest, direct or indirect, related to this Inclusionary
Housing Agreement, or in the development of the Property, shall participate in
any decision relating to this Inclusionary Housing Agreement. The Parties
represent and warrant that they do not have knowledge of any such conflict of
interest.
III. Nonliability of City or City Officials and Employees
No council member, official, contractor, consultant, attorney or employee of the
City shall be personally liable to the Developer, any voluntary or involuntary
successors and assignees, or any lender or other party holding any interest in
Inclusionary Housing Agreement Page 12
City of Santa Ana November 4, 2013
7501-107
the Property, in the event of any default or breach by the City, or for any amount
which may become due to the Developer or to its successors or assignees, or on
any obligations arising under this Inclusionary Housing Agreement.
IV. Indemnification
The Developer agrees to indemnify and hold the City, and their officers,
employees and agents, harmless from and against all damages, judgments,
costs, expenses and fees arising from or related to any act or omission of the
Developer in performing its obligations hereunder. The City agrees to indemnify
and hold the Developer and its officers, employees and agents, harmless from
and against all damages, judgments, costs expenses and fees arising from or
related to any act or omission of the City in performing its obligations hereunder.
V. No Waiver
Failure to insist upon strict compliance with any of the terms, covenants,
conditions and restrictions hereof on any one occasion shall not be deemed a
waiver of such term, covenant, condition or restriction. Any waiver or
relinquishment of rights or powers hereunder at any one time or more times shall
not be deemed a waiver or relinquishment of such other rights or powers at any
other time or times.
VI. Jurisdiction and Venue
Any legal action or proceeding concerning this Inclusionary Housing Agreement
shall be filed and prosecuted in the appropriate State of California court in
Orange County, California. Each Party hereto irrevocably consents to the
personal jurisdiction of that court. The City and the Developer each hereby
expressly waive the benefit of any provision of federal or state law or judicial
decision providing for the filing, removal, or change of venue to any other court or
jurisdiction, including without implied limitation, federal district court due to any of
the following:
Any diversity of citizenship between the City and the Developer; or
The fact that the City is a party to such action or proceeding; or
That a federal question or federal right is involved or alleged to be
involved.
Indusionary Housing Agreement Page 13
City of Santa Ana November 4, 2013
75D -108
Without limiting the generality of the foregoing, the Developer and the City
specifically waive any rights provided to it pursuant to California Code of Civil
Procedure 394. The Developer acknowledges that the provisions of this Article 3
— Section VII are material consideration to the City for its entry into this
Inclusionary Housing Agreement, in that the City will avoid the potential cost,
expense and inconvenience of litigating in a distant forum.
VII. Inspection of Books and Records
To enforce its rights under this Inclusionary Housing Agreement, the City shall
have the right at all reasonable times, at the City's cost and expense, to inspect
the books and records of the Developer pertaining to the Property. Matters
discovered by the City shall not be disclosed to third parties unless required by
law, or unless otherwise resulting from or related to the pursuit of any remedies
or the assertion of any rights of the City hereunder.
VIII. Successors and Assigns
This Inclusionary Housing Agreement shall be binding upon, and inure to the
benefit of, the Parties hereto and their respective heirs, executors,
administrators, legal representatives, successors and assigns.
IX. No Third Party Beneficiaries
The performance of the City's and the Developer's respective obligations under
this Inclusionary Housing Agreement are not intended to benefit any party other
than the City or the Developer, except as expressly provided otherwise herein.
No person or entity not a signatory to this Inclusionary Housing Agreement shall
have any rights or causes of action against any Party to this Inclusionary Housing
Agreement as a result of that Party's performance or non - performance under this
Inclusionary Housing Agreement, except as expressly provided otherwise herein.
X. Entire Agreement
This Inclusionary Housing Agreement integrates all of the terms and conditions
mentioned herein or incidental hereto. This Inclusionary Housing Agreement
supersedes all negotiations or previous agreement between the Parties with
respect to all or any portion of the Property and the Project thereof.
Indusionary Housing Agreement Page 14
City of Santa Ana November 4, 2013
75D -109
XI. Recordation
The Developer and the City agree to permit recordation of this Inclusionary
Housing Agreement, or a memorandum of this Inclusionary Housing Agreement,
against the Property in the Office of the County Recorder of Orange County,
California.
XI I. Termination
This Inclusionary Housing Agreement shall be effective until all of the following
have been completed:
1. Payment has been received and funds deposited in accordance with this
agreement.
IN WITNESS WHEREOF, the Parties hereto have duly executed this
Inclusionary Housing Agreement as of the dates set forth below.
Agreement
City of Santa Ana
[Signatures on Following Pages]
75D -110
Page 15
November 4, 2013
SIGNATURE PAGE
TO
INCLUSIONARY HOUSING AGREEMENT
APPROVED AS TO LEGAL FORM:
am
Sonia Carvalho
City Attorney
City of Santa Ana
CITY:
CITY OF SANTA ANA
A California Municipal Corporation
:,
Name:
Its:
Date:
Indusionary Housing Agreement Page 16
City of Santa Ana November 4, 2013
75D -111
SIGNATURE PAGE
TO
INCLUSIONARY HOUSING AGREEMENT
DEVELOPER:
0
0
I,IF7i�T�
Its:
Date:
LIM
Name:
Its:
Date:
Inclusionary Housing Agreement Page 17
City of Santa Ana November 4, 2013
75D -112
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
Lot 1 of Tract No. 16565. Assessor Parcel No. 041 - 215 -03
THAT PORTION OF SECTION 31, TOWNSHIP 4 SOUTH, RANGE 9 WEST, IN
THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA,
ALLOTTED TO ABEL STEARNS AS DESCRIBED IN THE FINAL DECREE OF
PARTITION OF THE RANCHO SANTIAGO DE SANTA ANA, WHICH WAS
ENTERED SEPTEMBER 12, 1868, IN BOOK "B ", PAGE 410 OF JUDGEMENTS
OF THE DISTRICT COURT OF THE 17TH JUDICIAL DISTRICT IN AND FOR
LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE WESTERLY LINE OF RECORD
OF SURBEY FILED IN BOOK 29, PAGE 34, IN THE OFFICE OF THE COUNTY
RECORDER OF ORANGE COUNTY WITH THE EASTERLY PROLONGATION
OF THE SOUTHERLY LINE OF PARCEL 1 OF PARCEL MAP FILED IN BOOK
14, PAGE 26 IN THE OFFICE OF SAID RECORDER OF SAID COUNTY;
THENCE ALONG SAID SOUTHERLY LINE NORTH 89 025'49" WEST 80.16
FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG
SAID SOUTHERLY LINE NORTH 89 025'49" WEST 405.32 FEET; THENCE
LEAVING SAID SOUTHERLY LINE SOUTH 0 034'30" EAST 208.91 FEET;
THENCE SOUTH 89 025'30" EAST 426.16 FEET; THENCE NORTH 35 °38'29"
EAST12.42 FEET TO A POINT ON A NON - TANGENT CURVE CONCAVE
SOUTHWESTERLY HAVING A RADIUS OF 760.00 FEET A RADIAL BEARING
TO SAID POINT BEARS NORTH 84 045'06" EAST; THENCE
NORTHWESTERLY ALONG SAID CURVE 77.94 FEET THROUGH A
CENTRAL ANGLE OF 5 052'32 "; THENCE NORTH 11'07'26" WEST 0.47 FEET
TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY HAVING A
RADIUS OF 840.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE
122.49 FEET THROUGH A CENTRAL ANGLE OF 8 021'17" TO THE TRUE
POINT OF BEGINNING.
Containing 2.01 ACRES OF LAND, MORE OR LESS.
Agreement
City of Santa Ana
75D -113
November 4, 2013
d,
L I I v 0 1 0 I I g e
I
Al
GENEAALAW[CULTDRAL
C -SM 5OUTIN MAIN 4REE ODMNEACIAL 0151DIJ
PD
PLANNED DEVELOPMENT
A
PARFRIGMODITI ATIUN
i
FLOOR AREA RAW
RD
PIAPINEO RESIDENTIAL DEVELOPMENT
0
COMIMIUNITYCOMMEFLIAL
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RI
MNGIEiAMILY RE510ENCE
CI MO
COMMIINITY COMMERCIAL MUSEUM DISTRICT
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UGHTRIOLLSIRIAL
Q
P FAMILYRESIOFNCE
Q
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M2
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IN
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O
CENTRALRUSINESS
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MIUTARYOPERATIONS
PA
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O -A
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O
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pLANfMip 511Op %PIG CENTER
-OZ
(MRLAY 200E
SD
SPECIRCDE6iOPM1ENT
CS
ARTERIALCOM.4IEOOAL
P
PROFESSIONAL
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SPECIFRCMAN
CR
COMMERCIAL RESIDENTIAL
PLO
PLANNED COMMUNITY DEVPIOPMEMT
EXHIBIT B
SITE MAP DEPICTING PROPERTY AND ZONING DESIGNATIONS
75D -114
RI
RI
TABLE 2
IN -LIEU FEE CALCULATIONS
RENTALPROJECT
INCLUSIONARY HOUSING IN -LIEU FEE CALCULATION
SANTA ANA, CALIFORNIA
I. Project Name
II. On -Site Inclusionary Requirement
A. Required Number of Inclusionary Units
Total Project Units
Inclusionary Requirement as % Total Units
Total Inclusionary Requirement (Round Up)
B. Inclusionary Unit Distribution
One- bedroom Units
Two - bedroom Units
Three - bedroom Units
Totals
Total Building Area (Square Feet)
C. Inclusionary Unit Income Distribution
One- bedroom Units
Two - bedroom Units
Three - bedroom Units
Totals
III. Rent Assumptions
One - bedroom Units
Two - bedroom Units
Three - bedroom Units
301 East Jeannette Lane
182
15%
28
Market Rents Very-Low Income
$1,285 $833
$1,575 $934
$2,185 $1,014
This column must add up to 100 %.
z Multiply the % of Total Units times the Total Inclusionary Requirement.
EXHIBIT C
CALCULATIONS OF IN -LIEU FEE
(MCLUSIONARY HOUSING PLAN)
Income
$1,007
$1,131
$1,232
Prepared by Keyser Marston Associates
Filename. 301 Jeannette_ 10_ 31_13; Fee Calcs 75D -115 Page 1 of
Required # of
Total Project
Inclusionary,
Units
%of Total Units
Units
125
69%
19
56
31%
9
1
1%
0
162
100%
28
182,520
Very-Low
Low Income @
Income @ 8.2%
6.8%
Total
11
8
19
5
4
9
0
0
0
16
12
28
Market Rents Very-Low Income
$1,285 $833
$1,575 $934
$2,185 $1,014
This column must add up to 100 %.
z Multiply the % of Total Units times the Total Inclusionary Requirement.
EXHIBIT C
CALCULATIONS OF IN -LIEU FEE
(MCLUSIONARY HOUSING PLAN)
Income
$1,007
$1,131
$1,232
Prepared by Keyser Marston Associates
Filename. 301 Jeannette_ 10_ 31_13; Fee Calcs 75D -115 Page 1 of
TABLE 2
IN -LIEU FEE CALCULATIONS
RENTAL PROJECT
INCLUSIONARY HOUSING IN -LIEU FEE CALCULATION
SANTA ANA, CALIFORNIA
Im
E. Project Value
Net Operating Income
Capitalization Rate
Total Project Value
$1,556,496 $1,447,778
5.5% 5.5%
$28,300,000 $26,323,000 $1,977,000
rotai In -Lieu Fee 3
$1,977,000
Per Total Unit
Project with
Per Income Restricted Unit
$70,600
Per Square Foot of Total Building Area
100 %@Market
Inclusionary
IV. Protect Value Comparison
Rent
Standards
Difference
A.
Rentlncome
Market Rate Units
One - bedroom Units
$1,927,500
$1,634,520
Two-bedroom Units
1,058,400
888,300
Three - bedroom Units
26,220
26,220
Very-Low Income Units
One - bedroom Units
109,956
Two - bedroom Units
56,040
Three - bedroom Units
0
Low Income Units
One - bedroom Units
96,672
Two - bedroom Units
54,288
Three - bedroom Units
0
Total Rent Income
$3,012,120
$2,865,996
$146,124
B.
Effective Gross Income
Total Rent Income
$3,012,120
$2,865,996
$146,124
(Less) Vacancy Allowance
(150,606)
(143,300)
(7,306)
Effective Gross Income (EGI)
$2,861,514
$2,722,696
$138,818
C.
Operating Expenses (Excluding Debt Service)
General Operating Expenses
$685,518
$685,518
$0
Property Taxes
619,500
589,400
30,100
Total Operating Expenses
($1,305,018)
($1,274,918)
($30,100)
D.
Net Operating Income (EGI - Expenses)
$1,556,496
$1,447,778
$108,718
Im
E. Project Value
Net Operating Income
Capitalization Rate
Total Project Value
$1,556,496 $1,447,778
5.5% 5.5%
$28,300,000 $26,323,000 $1,977,000
rotai In -Lieu Fee 3
$1,977,000
Per Total Unit
$10,900
Per Income Restricted Unit
$70,600
Per Square Foot of Total Building Area
$10.80
3 The Total In -Lieu Fee is equal to the difference between the project's value with 100% market rents and the value
with the inclusionary housing obligation.
Prepared by: Keyser Marston Associates
Filename: 301 Jeannette 10_31_13; Fee Calcs 750 -116 Page 2 of 2
ORDINANCE NO. NS -XXXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AMENDING SPECIFIC DEVELOPMENT NO. 59
(SD -59) TO ALLOW THE CONSTRUCTION OF A MULTI-
FAMILY RESIDENTIAL PROJECT WITH 182 UNITS AT 301
EAST JEANETTE WAY (ZOA NO. 2013 -03)
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana does hereby find, determine
and declare as follows:
A. The proposed Zoning Ordinance Amendment No. 2013 -03 is to amend the
existing zoning in Specific Development No. 59 (SD -59) to allow a multi-
family use, increase the maximum number of permitted residential units on
the development site, establish a multi - family parking ratio, allow for the use
of tandem parking stalls, increase the building height and adjust the open
space location requirement.
B. On October 14, 2013, the Planning Commission held a duly noticed public
hearing and voted to recommend that the City Council adopt Zoning
Ordinance Amendment No. 2013 -03 to amend Specific Development No. 59
(SD -59) to allow a multi - family use, increase the maximum number of
permitted residential units on the development site, establish a multi - family
parking ratio, allow for the use of tandem parking stalls, increase the building
height and adjust the open space location requirement.
C. Zoning Ordinance Amendment No. 2013 -03 came before the City Council of
the City of Santa Ana for a duly noticed public hearing on November 4,
2013, to consider all testimony, written and oral.
D. The City Council adopts as findings all facts presented in the Request for
Council Action dated November 4, 2013, accompanying this matter. For
these reasons, and each of them, Zoning Ordinance Amendment No. 2013-
03 is hereby found and determined to be consistent with the General Plan of
the City of Santa Ana and otherwise justified by the public necessity,
convenience, and general welfare.
Section 2. Specific Development No. 59 (SD -59) is hereby amended as
follows:
A. Multi- family Use and Increase in Maximum Number of Residential Units.
SD -59 currently allows a maximum of one single family residence per acre
75D -117
of land on the subject parcel. The applicant is requesting an amendment to
SD -59 to increase the maximum number of permitted units to 182 as well as
allow a multi - family use. Amendments to SD -59 are needed to Part IIAJ
(Permitted Land Uses).
B. Establish Multi- Family Residential Parking Ratio. Amendments are needed
to establish parking requirements for multi - family residential uses. SD -59
currently does not contain a multi - family parking ratio. As proposed, the
project will provide a total of 364 spaces at an overall ratio of 2.0 spaces per
unit, regardless of bedroom count, and inclusive of guest parking. Due to
the absence of multi - family parking standards contained within SD -59, a
ratio must be established. Staff recommends that Part III.A.4 (Development
Standards - Parking) of SD -59 be amended to reflect the overall ratio of 2.0
parking spaces per unit inclusive of guest parking.
C. Allowance for Tandem Parking to Satisfy Parking Requirement. The Santa
Ana Municipal Code contains provisions for tandem parking to satisfy some
portion of any required parking, but only for commercial development. SD-
59 does not contain any specific standards allowing the use of tandem
parking within the project area. The applicant proposes to have 64% of the
parking stalls designed as tandem spaces. Thus, SD -59 shall be amended
to allow no more than 64% of the overall parking spaces to be in a tandem
configuration provided a parking management plan is approved addressing
items such as the need to link percentage of tandem with percentage of one -
bedroom units.
D. Open Space Requirement. The open space provision within SD -59 requires
that each residential development provide usable open space at the ground
level. The applicant is requesting an amendment to SD -59 in order to allow
the required open space to be located on levels other than the ground level.
Access to the open space is more ideal in this design because most if not all
of the units are located above the parking level(s). Thus, Part III.A.5
(Development Standards -Open Space) shall be amended to allow open
space to be located above the ground level.
E. Building Height. The overall building height measures 59 feet from the
lowest adjacent grade. SD -59 allows a maximum building height of 50 feet
consistent with the current development within City Place. Surrounding
structures within City Place measure up to 50 feet in height. Other
structures outside of City Place include a large parking structure and office
building immediately to the north. Thus, Part III.C.1 (Building Height) shall
be amended to increase maximum building height to 59 feet and thereby
allowing the project as designed and compatible in height with the
surrounding area.
75D -118
Section 3. If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this ordinance. The City Council of the City of Santa Ana hereby declares that
it would have adopted this ordinance and each section, subsection, sentence, clause,
phrase or portion thereof irrespective of the fact that any one or more sections,
subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
ADOPTED this _ day of 2013.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
Ryan O. Hodge
Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
75D -119
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached
Ordinance No. NS- to be the original ordinance adopted by the City Council of the
City of Santa Ana on , and that said ordinance was published in
accordance with the Charter of the City of Santa Ana.
Date:
Clerk of the Council
City of Santa Ana
75D -120
ROH — 11/04/13
RESOLUTION NO. 2013-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA
APPROVING MITIGATED NEGATIVE DECLARATION AND MITIGATION
MONITORING PROGRAM, ENVIRONMENTAL REVIEW NO. 2013 -14,
AND APPROVING SITE PLAN REVIEW NO. 2013 -05 AS CONDITIONED
FOR THE PROPERTY LOCATED AT 301 EAST JEANETTE LANE
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. Vineyard Development is requesting approval of an amendment to an
existing specific development zone (zoning ordinance amendment) and
site plan review to allow the construction of a multi - family residential
project with 182 units at 301 East Jeanette Lane.
B. The Planning Commission of the City of Santa Ana held a duly noticed
public hearing on October 14, 2013, and voted to recommend that the City
Council:
1. Approve and adopt the Mitigated Negative Declaration and Mitigation
Monitoring Program, Environmental Review No. 2013 -14.
2. Adopt an ordinance approving Zoning Ordinance Amendment No.
2013 -03 to amend Specific Development District No. 59 (SD -59).
3. Adopt a resolution approving Site Plan Review No. 2013 -05 as
conditioned.
C. The Applicant is requesting site plan approval for the project (Site Plan
Review No. 2013 -05). The zoning designation for the subject property is
Specific Development District No. 59 (SD -59).
1. Section 41- 593.5(c) of the Santa Ana Municipal Code requires
review of all plans within a specific development plan area to ensure
the project is in conformity with the Specific Plan.
2. Considering adoption of the amendments to SD -59 requested by the
applicant, the project is in compliance with all applicable development
standards outlined within the Specific Development Plan (SD -59).
3. Considering adoption of the amendments to SD -59 requested by the
applicant, the project has been determined to be in compliance with
Resolution No. 2013 -xxx
75D -121 Page 1 of
applicable parking, landscaping and architectural provisions
governing the project.
Section 2. The City Council has reviewed and considered the information
contained in the initial study and the mitigated negative declaration and mitigation
monitoring program, Environmental Review No. 2013 -14, prepared with respect to this
Project. The City Council has, as a result of its consideration and the evidence
presented at the hearings on this matter, determined that, as required pursuant to the
California Environmental Quality Act ( "CEQA ") and the State CEQA Guidelines, a
mitigated negative declaration and mitigation monitoring program adequately addresses
the expected environmental impacts of this Project. On the basis of this review, the City
Council finds that there is no evidence from which it can be fairly argued that the Project
will have a significant adverse effect on the environment. The City Council hereby
certifies and approves the mitigated negative declaration and mitigation monitoring
program and directs that the Notice of Determination be prepared and filed with the
County Clerk of the County of Orange in the manner required by law.
Pursuant to Title XIV, California Code of Regulations ( "CCR ") § 735.5(c)(1), the City
Council has determined that, after considering the record as a whole, there is no evidence
that the proposed project will have the potential for any adverse effect on wildlife resources
or the ecological habitat upon which wildlife resources depend. The proposed project
exists in an urban environment characterized by paved concrete, roadways, surrounding
buildings and human activity. Therefore, pursuant to Fish and Game Code § 711.2 and
Title XIV, CCR § 735.5(a)(3), the payment of Fish and Game Department filing fees is not
required in conjunction with this project.
Section 3. The Housing Opportunity Ordinance, section 41 -1904 of the Santa Ana
Municipal Code, allows payment of a fee if substantial evidence supports that the cost of
providing inclusionary units on -site would substantially exceed the amount of the in -lieu
fee. The amount of the fee is based on the affordability gap associated with fulfilling the
required affordable housing units on site. With respect to The 301 residential development
project, the fee calculation is based on the affordability gap of $10,900 per unit, which
equates to a total in -lieu fee of $1,977,000, and by code requires payment prior to
issuance of a building permit for any portion of the project. After review and consideration
of this project, the City Council hereby finds and determines that the cost to provide the
inclusionary units on -site exceeds the amount of the calculated in -lieu fee.
The Housing Opportunity Ordinance, section 41 -1905 of the Santa Ana Municipal
Code, also requires that the City Council review and approve any Inclusionary Housing
Plan that includes alternatives to on -site units.
Section 4. The City Council of the City of Santa Ana after conducting the public
hearing hereby approves:
A. Mitigated Negative Declaration and Mitigation Monitoring Program,
Environmental Review No. 2013 -14.
Resolution No. 2013 -xxx
75D -1 22 Paget of
B. Site Plan Review No. 2013 -05 as conditioned in Exhibit "A"
attached hereto and incorporated herein.
C. Inclusionary Housing Plan and Agreement authorizing the payment
of an in -lieu fee in the amount of $1,977,000.
These decisions are based upon the evidence submitted at the above said
hearing, which includes, but is not limited to: the Request for Council Action dated
November 4, 2013, and exhibits attached thereto; and the public testimony, written and
oral, all of which are incorporated herein by this reference.
Section 4. This Resolution shall not be effective unless and until Ordinance No.
becomes effective. If said ordinance is for any reason held to be invalid or
unconstitutional by the decision of any court of competent jurisdiction, or otherwise does
not go into effect for any reason, then this resolution shall be null and void and have no
further force and effect.
Section 5. This decision rendered by the City Council of the City of Santa Ana
is final and is subject to judicial review pursuant to California Code of Civil Procedure
section 1094.6. The Clerk of the Council shall give direct notice to the applicant of the
Council's decision and these findings.
ADOPTED this day of 12013
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
Ryan O. Hodge
Assistant City Attorney
Miguel A. Pulido
Mayor
Resolution No. 2013 -xxx
75D -123 Page 3 of
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council,
Resolution No. 2013 -XXX to be the original
City of Santa Ana on
Date:
do hereby attest to and certify the attached
resolution adopted by the City Council of the
Clerk of the Council
City of Santa Ana
Resolution No. 2013 -xxx
75D -124 Page 4 of
Conditions for Approval for Site Plan Review No. 2013 -05
Site Plan Review No. 2013 -05 is approved subject to compliance, to the reasonable
satisfaction of the Planning Manager, with all applicable sections of the Santa Ana
Municipal Code, the California Administrative Code, the California Building Standards
Code and all other applicable regulations.
The applicant must comply in full with each and every condition listed below rip or to
exercising the rights conferred by this site plan review approval.
The applicant must remain in compliance with all conditions listed below throughout the life
of the site plan review approval. Failure to comply with each and every condition may
result in the revocation of the site plan review approval.
A. Planning Division
1. All proposed improvements must conform to the Site Plan Review approval
of DP No. 2012 -45 and the staff report exhibits.
2. Any amendment to this plan must be submitted to the Planning Division for
review. At that time, staff will determine if administrative relief is available or
the site plan review must be amended.
3. Landscaping, once installed, shall be maintained per the approved
landscape plan. After project occupancy, landscaping is to be maintained to
include the minimum level of plant materials installed at the time of
occupancy and per the approved plan.
4. A Parking Management Plan documenting how the tandem parking stalls
along with other parking operation will function must be submitted and
approved prior to submittal into building plan check. The project shall
incorporate on -site professional property management for the residential
component.
5. Prior to submittal into building plan check, detailed elevations, shall be
submitted to include exterior finishes, materials, and colors subject to
approval of the Planning Division.
6. A Public Art Plan which proposes a specific work(s) of art for a specific
location(s) shall be submitted to the Planning Commission for review and
approval. Such work of art shall be equal to one -half of one percent (.5 %) of
the value of the project, as determined by standard building permit valuation,
for the installation on the site, at a prime location visible to the public, of
permanent work(s) of public art. The work(s) of public art shall be in place
no later than the first certificate of occupancy for the project and shall be
maintained in perpetuity by the property owner(s).
Exhibit "A"
75D -125
SPR NO. 2013 -05
OCTOBER 14, 2013
PAGE 2 OF 6
7. After project occupancy, landscaping is to be maintained to include the
minimum level of plant materials installed at the time of occupancy as
required by the approved plans.
8. A detailed amenity courtyard 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 the amenity
deck as well as an installation plan. The exact specifications for these items
are subject to the review and approval of the Planning Division. The
amenity courtyards shall be maintained in the same condition as installed at
the time of occupancy.
9. A detailed water feature plan must be reviewed and approved prior to
issuance of any building permits. The plan shall include a minimum of one
water feature within each courtyard and include elevations, hardscape
design, lighting concepts and an installation plan. The exact specifications
for these items are subject to review and approval of the Planning Division.
The water feature(s) shall be maintained in the same condition as installed
at the time of occupancy.
10. At a minimum, the following items must be included as exterior amenities for
the development: bike racks, enhanced paving on the walkways, outdoor
firepits, barbeque and a pool on the amenity deck. The exact specifications
for these items are subject to the review and approval of the Planning
Division.
11. An interior building amenity plan of the Exercise Room, Leasing Office and
lobbies must be reviewed and approved prior to issuance of any building
permits. The plan shall include details on the various finishes and
equipment to be provided in these rooms. The exact specifications for these
items are subject to the review and approval of the Planning Division.
12. The following items must be included as interior amenities within the
common areas: granite counter tops and hardwood flooring or equivalent.
The exact specifications for these items are subject to the review and
approval of the Planning Division.
Exhibit "A"
75D -126
SPR NO. 2013-05
OCTOBER 14, 2013
PAGE 3 OF 6
13. The following items must be included as interior amenities within each unit:
granite counter tops or equivalent, hardwood flooring or equivalent, General
Electric Monogram appliances or equivalent, tiled bathroom and shower
walls, stain grade hard wood cabinets and individual laundry hook -ups. The
exact specifications for these items are subject to the review and approval of
the Planning Division.
14. An elevator lobby plan of each lobby must be reviewed and approved prior
to issuance of any building permits. The plan shall include details on the
finishes and flooring to be provided. The exact specifications for these items
are subject to the review and approval of the Planning Division.
15. Pedestrian walkways shall be provided through the project. The amenities
to be provided along this pathway shall include decorative concrete and
paving, accent lighting, and landscape planters. The materials and design
of the walkway is subject to the review and approval of the Planning
Division.
16. A Resident Storage Plan shall be provided for the project. Storage shall be
available at no cost to the residents.
17. Cast iron drain pipes shall be provided for the project.
18. Smart wiring, including cable television and high -speed cable for computers,
shall be provided for each unit and within the project's common areas.
19. Signage to direct guests to the parking structure shall be provided. A
directional sign plan needs to be submitted and approved by the Planning
Division prior to issuance of a certificate of occupancy.
20. Construction workers for the project shall be prohibited from parking in the
adjacent neighborhoods.
21. Prior to issuance of building permits, a Waste Management Plan shall be
submitted to the Planning Division and Public Works Agency for approval.
The plans shall include information on items such as pick -up, delivery, and
types of bins required. The plan shall fully address operational as well as
daily management functions and responsibilities.
Exhibit "A"
75D -127
SPR NO. 2013 -05
OCTOBER 14, 2013
PAGE 4 OF 6
22. Prior to occupancy of any units, a rental housing execution plan must be
submitted to the Planning Division for review and approval. At a minimum,
the plan shall identify the location of employee and visitor parking, the
location of the rental office, hours of operation for the rental office, and
signage affiliated with the Rental Housing Operational Plan. In addition, the
rental plan must clearly note that the parking and project amenities must be
provided free of charge to the residence.
23. Prior to submittal into building plan check, the design for the courtyard gates
shall be submitted to the Planning Division for approval. The fences /gates
shall be decorative and ornamental in nature as they are the entries to the
interior courtyards.
24. The following best management practices (BMPs) need to be incorporated
into the project construction and operation to minimize green house gas
impacts:
a. Install energy efficient lighting, appliances, heating, and cooling
systems.
b. Install efficient lighting for street and other outdoor lighting.
C. Reduce unnecessary outdoor lighting.
d. Provide education on energy efficiency to residents and /or tenants.
e. Install water - efficient irrigations systems and devices.
f. Design buildings to be water - efficient. Install water - efficient fixtures
and appliances.
g. Provide education about water conservation.
h. Provide easy and convenient recycling opportunities for residents and
tenants.
i. Provide education on recycling waste.
B. Police Department
1. The applicant will be required to submit a security plan for the proposed
project to the Police Department prior to the Planning Commission hearing.
The plan will be required to outline hours of operation for the parking
structure (secured /open), a duress alarm system for the parking structure
and an access control system for the perimeter of the building.
2. Resident parking must be physically separated and secured from all guest
parking.
Exhibit "A"
75D -128
SPR NO. 2013 -05
OCTOBER 14, 2013
PAGE 5OF6
3. Parking structure and buildings: Each door within the structure and building
leading into a stairwell, lobby, storage area must be outfitted with a 100
square inch fire rated window. Convex mirrors minimum of 12 inch in
diameter must be provided at each stairwell landing and at each corner
along a walkway. The last flight of each stair must be fully enclosed at its
base.
4. Elevator lobbies must be glass encased (glass entry doors) to provide the
user with maximum visibility. Elevators are to be equipped with minimum 12-
inch shatterproof convex mirrors or are to have mirrored backing.
5. All parking structures vehicular entrances are to be secured with a rolling
grille and outfitted with a Police Department sub mastered Knox Box.
6. Parking structure first floor exits are to be designed to allow emergency
egress only with no exterior hardware.
7. Building /unit addressing is to comply with emergency service standards of
the City of Santa Ana.
8. Lobby doors are to be equipped with a Police Department approved access
control system.
9. Provide a minimum 100 square inch window in the trash room doors.
10. Parking Structure elevators to be equipped with an approved access control
system.
C. Orange County Fire Authority
1. Prior to issuance of a grading permit or a building permit, if a grading permit
is not required:
a. fire master plan with alternate material and method (service code
PR145 and PR910)
b. architectural (service codes PR264- PR272, full review)
C. hazardous materials compliance and chemical classification (service
codes PR315- PR328)
d. underground piping for private hydrants and fire sprinkler systems
(service code PR470- PR475)
Exhibit "A"
75D -129
SPR NO. 2013 -05
OCTOBER 14, 2013
PAGE 6 OF 6
e. fire sprinkler system and standpipe system (service codes PR440
and PR460)
f. fire alarm system (service codes PR520)
Exhibit "A"
75D -130