HomeMy WebLinkAbout2013-055 - Tentative Tract Map No. 2013-04ROH — 11/04/13
RESOLUTION NO. 2013 -055
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA
APPROVING VESTING TENTATIVE TRACT MAP NO. 2013 -04 AS
CONDITIONED AND APPROVING SITE PLAN REVIEW NO. 2013 -03 AS
CONDITIONED FOR THE PROPERTY LOCATED AT 1901 EAST FIRST
STREET
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. The Applicant is requesting approval of an addendum to a final environmental
impact report, an amendment to a development agreement, a vesting tentative
tract map, and a site plan review to allow the construction of a new multi-
family residential development at 1901 East First Street.
B. The Planning Commission has, following a duly noticed public hearing, on
August 26, 2013, recommended the approval of the following items:
1. Adopt a resolution approving the Addendum to the Final Environmental
Impact Report No. 2006 -01 and approve the Mitigation Monitoring and
Reporting Program.
2. Adopt an ordinance approving the first amendment to Development
Agreement No. 2007 -01.
3. Adopt a resolution approving Vesting Tentative Tract Map No. 2013 -04
as conditioned.
4. Adopt a resolution approving Site Plan Review No. 2013 -03 as
conditioned.
C. On September 16, 2013 the City Council of the City of Santa Ana held a
duly noticed public hearing to consider all testimony, written and oral. After
the public hearing, the City Council continued the matter to October 21,
2013. On October 21, 2013, the City Council approved the Addendum to
the Final Environmental Impact Report No. 2006 -01 and request for
approval of the first amendment to Development Agreement No. 2007 -01.
On November 18, 2013, the City Council further considered all testimony,
written and oral, pertaining to the applicant's request for approval of Vesting
Tentative Tract Map No. 2013 -04 and request for approval of Site Plan
Review No. 2013 -03.
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D. Vesting Tentative Tract Map No. 2013 -04 has been filed seeking approval of
a vesting tentative tract map for condominium purposes.
To adopt a Vesting Tentative Tract Map, California Government
Code Section 66474 requires the following findings:
The proposed project, as conditioned, and its design and
improvements are consistent with the District Center
designation on the General Plan and are otherwise consistent
with all other elements of the General Plan.
The proposed subdivision, Vesting Tentative Tract Map
No. 2013 -04, will be consistent with the proposed
District Center land use designation and density
prescribed and all other elements of the General Plan.
Policy No. 1.3 of the General Plan Land Use Element
encourages high - density residential development within
the City's District Centers. Further, Policy No. 1.4
promotes the maintenance and fostering of a variety of
residential land uses in the City.
The proposed project, as conditioned, conforms to all
applicable requirements of the zoning and subdivision codes
as well as other applicable City ordinances.
The proposed subdivision conforms to the minimum
condominium requirements, as well as meets the letter
and intent of the State of California Subdivision Map Act
Provisions. Tentative Tract Map No. 2013 -04 is in
keeping with the site plan review for the project as well
as Chapters 34 and 41 of the Santa Ana Municipal
Code. Covenants, Conditions and Restrictions
(CC &Rs) are required for the project, which need to be
approved by the City prior to the recordation of the final
map.
iii. The project site is physically suitable for the type and density
of the proposed project.
The proposed site consists of approximately five acres
of land within the Metro East Mixed Use Overlay Zone,
which is physically suitable for the residential
development as proposed. Access to the site will occur
on First Street and Cabrillo Park Drive. There are no
physical constraints on the site to preclude
development.
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iv. The design and improvements of the proposed project will not
cause substantial environmental damage or substantially and
avoidably injure fish or wildlife or their habitat.
An Environmental Impact Report (EIR), as well as an
addendum to the certified EIR, was prepared pursuant
to the California Environment Quality Act for the project.
The project site is located in an urbanized area, and
there are no known fish or wildlife populations existing
on the project site. Therefore, the proposed subdivision
will not cause any substantial environmental damage or
substantially and avoidably injure fish and wildlife or
their habitat.
V. The design or improvements of the proposed project will not
cause serious public health problems.
The proposed subdivision will not have any detrimental
effects upon the general public. The short-term and
long -term unavoidable adverse impacts identified in
Environmental Impact Report No. 2006 -01, and
affirmed by the recently completed addendum to the
EIR, as it pertains to air quality and traffic, were
addressed by the adoption of a statement of Overriding
Considerations by the City Council. Any other negative
or adverse impacts will be mitigated through mitigation
measures identified in Environmental Impact Report
No. 2006 -01.
vi. The design or improvements of the proposed project will not
conflict with the easements acquired by the public at large for
access through or use of property within the proposed project.
There is no easement for public access currently
existing on this property. Therefore, the proposed
project will not conflict with easements necessary for
public access through or use of the property. However,
the applicant will be granting an easement for
pedestrian purposes over the northern portion of the
site, which will allow public access throughout the Metro
East area.
E. Applicant has requested approval of Site Plan Review No. 2013 -03 as
conditioned.
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1. Section 41 -595.5 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 Specific Plan.
2. Based on the following review, the project is in compliance with all
applicable development standards outlined within the Metro East
Mixed Use (MEMU) Overlay Zone:
i. Is the proposed development plan consistent with and will
further the objectives outlined in Section 1.2 for the MEMU
Overlay Zone?
The proposed mixed -use development project by Lyon
Communities will be compatible with Section 1.2
(Objectives) of the Metro East Overlay zone as the
project will be a mixed use project that will allow
persons to live, work and shop in the immediate area.
Further, the project will incorporate an active
streetscape that will integrate the private development
with the public realm and will assist in creating a distinct
identity for the district.
ii. Is the proposed development plan consistent with the
development standards specified in Section 4 of the MEMU
Overlay Zone?
The proposed project is consistent with Section 4
(Development Standards) of the MEMU zone. The
project is in compliance with the various development
standards for the Active Urban District, including
setbacks, parking, lot size and open space.
iii. Is the proposed development plan designed to be compatible
with adjacent development in terms of similarity of scale,
height, and site configuration and otherwise achieves the
objectives of the Design Principles specified in Section 5 of the
MEMU Overlay Zone?
The project site is compatible with adjacent
development and achieves the design principles
outlined in Section 5 (Design Principles) of the MEMU
plan. The project is in close proximity to several mid -
rise buildings in the area and has been designed to
complement these developments. Further, the project
incorporates a variety of architectural materials,
massing and ground floor uses that are compatible with
the MEMU plan.
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iv. Have the land use uses, site design, and operational
considerations in the proposed development plan been
planned in a manner that will result in a compatible and
harmonious operation as specified in Section 7 of the MEMU
Overlay Zone?
The proposed project has been designed to be
compatible and identified in Section 7 (Operational
Standards) of the MEMU plan. The projects windows,
lighting and operational hours will result in a project that
will not impact the proposed residential uses or the
adjacent commercial and office uses.
Section 2. The City Council previously approved and adopted Final
Environmental Impact Report No. 2006 -01. In accordance with the California
Environmental Quality Act, an Addendum to the Final Environmental Impact Report No.
2006 -01 and the mitigation monitoring and reporting program was prepared for this
project. Based upon the studies, the City Council determined that there were no new
significant impacts or any increases in the severity of the impacts previously identified in
the original Environmental Impact Report. The City Council approved the Addendum to
the Final Environmental Impact Report No. 2006 -01 and approved the mitigation
monitoring and reporting program on October 21, 2013.
Section 3. The City Council of the City of Santa Ana after conducting the public
hearing hereby approves:
A. Vesting Tentative Tract Map No. 2013 -04 as conditioned in Exhibit "A"
attached hereto and incorporated herein for the multi - family residential
development located at 1901 East First Street.
B. Site Plan Review No. 2013 -03 as conditioned in Exhibit "B" attached hereto
and incorporated herein.
These decisions are based upon the evidence submitted at the abovesaid hearing,
which includes, but is not limited to: the Request for Council Action dated September 16,
2013, and exhibits attached thereto; the Request for Council Action dated November 18,
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.
NS -2850 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. Applicant has requested the approval of the above entitlements which
are incompatible with previously granted entitlements. As such, any and all previously
Resolution No. 2013 -055
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approved inconsistent entitlements are hereby null and void and of no further force and
effect.
Section 6. 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 Planning and Building Agency shall give direct notice to the
applicant of the Council's decision and these findings.
ADOPTED this 18th day of November, 2013.
Miguel A. LPulido
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
B <-
y n O. Hod gle
ssistant City Attorney
AYES: Councilmembers: Amezcua, Benavides, Martinez, Pulido, Reyna,
Sarmiento, Tinajero (7)
NOES: Councilmembers: None (0)
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
Resolution No. 2013 -055
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None (0)
None (0)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached
Resolution No. 2013 -055 to be the original resolution adopted by the City Council of the
City of Santa Ana on November 18, 2013.
Date: / / 3
Clerk-of the Council
City of Santa Ana
Resolution No. 2013 -055
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Conditions for Approval for Vesting Tentative Tract Map No. 2013 -04
Should the Planning Commission approve Vesting Tentative Tract Map No. 2013 -04, the
approval is 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 riQ or to
exercising the rights conferred by this vesting tentative tract map.
The applicant must remain in compliance with all conditions listed below throughout the
life of the vesting tentative tract map. Failure to comply with each and every condition
may result in the revocation of the vesting tentative tract map.
A. Planning Division
1. Comply with all conditions and requirements from the Development
Review Committee (DRC) for the development project (DP No. 2013 -17).
2. Covenants, Conditions and Restrictions (CC &Rs) for this project must be
reviewed and approved prior to approval of the final tract map. At a
minimum, the CC &Rs shall include provisions pertaining to owner
occupancy, restrictions on home -based businesses, the prohibition of
storage on balconies, and a restriction on truck delivery hours to non -peak
periods.
3. All real estate signage must be removed from the site within one year from
the date of installation. An extension of time may be granted as
determined by the Planning Manager.
4. The final map must be approved and recorded prior to the sale of the first
unit.
5. The final map and all improvements required to be made or installed by
the subdivider must be in accordance with the design standards and
specifications of the Santa Ana Municipal Code and the requirements of
the State Subdivision Map Act.
6. Development within the area of the map is subject to development and
permit fees in effect at the time of permit issuance.
7. Development within the area of the map is subject to design and
development standards in effect at the time of permit issuance.
Exhibit "A"
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AUGUST 26, 2013
PAGE 2OF3
8. Two copies of the recorded final map and CC &Rs shall be submitted each
to the Planning Division, Fire Department, Building Division, and Public
Works Agency within 10 days of recordation.
9. Pursuant to Section 66474.9(b) of the Subdivision Map Act, the applicant
shall defend, indemnify, and hold harmless the City, and its agents,
officers, and employees from any claim, action, or proceeding against the
City or its agents, officers, or employees to attack, set aside, void, or
annul, any approval of the City concerning this subdivision application,
which action is brought within the time period provided for in Section
66499.37.
10. Prior to the issuance of any building permit, a fence plan for the east
property line shall be submitted to the Planning Division for review and
approval. The plan shall depict a minimum eight foot high block wall to be
built along the northern 220 feet of the east property line, with a decorative
wrought iron fence with pilasters built along the remaining length of the
property line. The fence shall be installed prior to the occupancy of any
units. The fence shall also be subject to the review and approval by the
Orange County Flood Control District, or any other required reviewing
agency.
11. The required Inclusionary Housing Plan and Inclusionary Housing
Agreement shall comply with the procedures for establishing eligibility and
applicant priority contained within the Housing Element as it may be
adopted and amended by the City Council. At a minimum these eligibility
criteria shall give priority to tenants /buyers whose household income is on
the lower end of the applicable income range and tenants /buyers who are
residents of Santa Ana. The provisions of the Inclusionary Housing Plan
must be fully implemented prior to any issuance of Certificate of
Occupancy.
B. Police Department
1. A security plan must be submitted to the Police Department at the plan
check stage for approval. 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 and parking structure.
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AUGUST 26, 2013
PAGE 3OF3
2. Resident parking must be physically separated and secured from all guest
parking.
3. Each door within the parking structure and buildings leading into a stairwell,
lobby or storage area must be outfitted with a 100 square inch fire rated
window. Convex mirrors a minimum of 12- inches in diameter must be
installed at each stairwell landing and at each corner along a walkway. The
last flight of stairs 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 backings.
5. All parking structure 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 and unit addressing must comply with the City's emergency service
standards.
8. Lobby doors must 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 must be equipped with an approved access
control system.
11. Provide a photometric study showing compliance with the 1 footcandle
requirement for all walkways and the parking structure.
12. The townhome parking garage space within the parking structure must be
equipped with a grille or door.
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Conditions of Approval for Site Plan Review No. 2013 -03
Site Plan Review No. 2013 -03 is approved subject to compliance, to the reasonable
satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal
Code, the California Administrative Code, the California Building Standards Code, and all
other applicable regulations. In addition, it shall meet the following conditions of approval:
The applicant must comply with each and every condition listed below prior to exercising
the rights conferred by this site plan review.
The applicant must remain in compliance with all conditions listed below throughout the life
of the development project. Failure to comply with each and every condition may result in
the revocation of the site plan review.
A. Planning Division
1. All proposed site improvements must conform with the Site Plan Review
approval of DP No. 2013 -17.
2. Any amendment to this site plan review must be submitted to the Planning
Division for review. At that time, staff will determine if administrative relief is
available or if the site plan review must be amended.
3. Prior to submittal into building plan check, a project phasing plan shall be
submitted to the Planning Division for review and approval. The phasing
plan shall include a landscape plan identifying the treatment of the
remainder building site.
4. The project shall incorporate on -site professional property management for
the residential component.
5. Balconies for the project shall maintain a minimum dimension of not less
than five feet in any direction.
6. Balconies for the project shall incorporate the use of stainless steel railings.
7. Covenants, Conditions and Restrictions (CC &Rs) for this project must be
reviewed and approved prior to approval of the final tract map. At a
minimum, the CC &Rs shall include provisions pertaining to owner
occupancy, restrictions on home -based businesses, the prohibition of
storage on balconies, and a restriction on truck delivery hours to non -peak
periods.
Exhibit "B"
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AUGUST 26, 2013
PAGE 2OF5
8. All parking for the project shall be made available free of charge. Parking
spaces for each unit shall be provided as a part of the deed for each
dwelling unit.
9. 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.
10. A detailed amenity deck 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 Manager. The
amenity deck shall be maintained in the same condition as installed at the
time of occupancy.
11. 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 the motor court, 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.
12. At a minimum, the following items must be included as exterior amenities for
the development: bike racks, enhanced paving on the walkways, an outdoor
fireplace, 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.
13. An interior building amenity plan of all common areas (recreation room,
meeting rooms, fitness rooms and lobbies) must be reviewed and approved
prior to issuance of any building permits. The plan shall include details on
the various finishes, furniture and equipment to be provided in these rooms.
The exact specifications for these items are subject to the review and
approval of the Planning Manager.
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AUGUST 26, 2013
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14. An interior amenity plan for the units must be reviewed and approved prior to
issuance of any building permits. The plan shall include details on the
various finishes, furniture and equipment to be provided in these rooms.
Examples of a level of quality required for the project include 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 Manager.
15. 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 Manager.
16. 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.
17. 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. All public art approved by the Planning Commission shall be
completely installed prior to the issuance of a certificate of occupancy for the
project.
18. A detailed landscape plan must be reviewed and approved prior to issuance
of any building permits. In addition to the landscaping palette, the plan shall
include details on the hardscape design, lighting concepts and outdoor
furniture. At a minimum, the project shall incorporate the amount and size of
landscaping as shown on the preliminary landscape plan. The exact
specifications for these items are subject to the review and approval of the
Planning Division.
19. The following items must be included as interior amenities within the
common areas: granite counter tops, hardwood flooring or equivalent, and
gas fireplaces. The exact specifications for these items are subject to the
review and approval of the Planning Division.
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AUGUST 26, 2013
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20. 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.
21. A Resident Storage Plan shall be provided for the project. Storage shall be
available at no cost to the residents.
22. Cast iron drain pipes shall be provided for the project.
23. Smart wiring, including cable television and high -speed cable for computers,
shall be provided for each unit and within the project's common areas.
24. Construction workers for the project shall be prohibited from parking in the
adjacent neighborhoods.
25. 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.
26. 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.
27. The following best management practices (BMPs) need to be incorporated
into the project construction and operation to minimize greenhouse 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.
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AUGUST 26, 2013
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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.
28. Prior to the issuance of any building permit, a fence plan for the east
property line shall be submitted to the Planning Division for review and
approval. The plan shall depict a minimum eight foot high block wall to be
built along the northern 220 feet of the east property line, with a decorative
wrought iron fence with pilasters built along the remaining length of the
property line. The fence shall be installed prior to the occupancy of any
units. The fence shall also be subject to the review and approval by the
Orange County Flood Control District, or any other required reviewing
agency.
29. The required Inclusionary Housing Plan and Inclusionary Housing
Agreement shall comply with the procedures for establishing eligibility and
applicant priority contained within the Housing Element as it may be
adopted and amended by the City Council. At a minimum these eligibility
criteria shall give priority to tenants /buyers whose household income is on
the lower end of the applicable income range and tenants /buyers who are
residents of Santa Ana. The provisions of the Inclusionary Housing Plan
must be fully implemented prior to any issuance of Certificate of
Occupancy.
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