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Appeal No. 2017-05 of Site Plan Review No. 2016-03, Variance Nos. 2017-05 and 2017-06 — <br />The Madison project at 200 North Cabrillo Park Drive <br />April 3, 2018 <br />Page 2 <br />findings, parking, and traffic flow. After further discussion, the Planning Commission <br />subsequently denied the project. <br />The appeal was filed in accordance with Section 41-645 of the Santa Ana Municipal Code <br />(SAMC), which allows any interested parry, individual or group to file an appeal. This section <br />requires the filing of an appeal application within 10 calendar days following the date of the <br />decision by the Planning Commission, which was filed on December 20, 2017. Per Section 41- <br />645 (h) of the SAMC, the Council may, after a public hearing, affirm, reverse, change, modify the <br />original decision and make any additional determination it shall consider appropriate within the <br />limitations imposed by Chapter 41. In granting or denying the appeal, Section 41-646 of the <br />SAMC requires the Council to make written findings of fact that specifies all facts relied upon in <br />rendering its decision. <br />In response to the Planning Commission's denial, Robert Bisno, on behalf of Cabrillo Community <br />Partners, LLC, filed an appeal of the Planning Commission's decision. The reasons for the <br />appeal were based on the need to comply with the Orange County Fire Authority's setback <br />standards, an economic necessity for the parking variance, and providing sufficient parking <br />capacity (Exhibit C). Additionally, the applicant submitted concept plans showing the provision of <br />468 parking spaces on the subject site (Exhibit D) and a draft economic impact analysis of the <br />benefits of the project (Exhibit E). <br />Staff is supportive of the applicant's request to construct the project with a side yard setback that <br />is larger than allowed under the development standards of the Metro East Mixed -Use (MEMU) <br />Overlay Zone. The purpose of the increased setback is to provide Fire Authority access to <br />sections of the building that are outside their coverage. Requiring the Code mandated 10 foot <br />setback would restrict Fire access and render the project infeasible. <br />Staff is not supportive of the applicant's request to reduce the required parking for the project. <br />The minimum required parking for a project in the MEMU area is 2 spaces per unit. This parking <br />requirement is consistent with the parking standards most of the Transit Zoning Code area <br />(except for the Downtown subzone). Staff contends that since street parking does not exist, and <br />overflow parking is very limited in the vicinity, the 2 spaces per unit will satisfy the parking <br />demand for the project and will minimize potential parking problems in the area. Although staff is <br />considering a reduction in parking within the MEMU area, the findings of the parking study have <br />not been finalized. However, staff can be supportive of the parking variance provided the <br />applicant secures off-site parking agreements with non-residential property owners in close <br />proximity to the development site. These agreements must be in place prior to issuance of <br />building permits for the project. <br />Based on staffs review and analysis of the project, and the project's consistency with the Metro <br />East Mixed -Use Overlay Zone, staff recommends that the City Council approve Appeal No. 2017- <br />75A-2 <br />