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Appeal No. 2017-05 of Site Plan Review No. 2016-03, Variance Nos. 2017-05 and 2017-06 — The Madison project at 200 North Cabrillo Park Drive April 3, 2018 Page 2 findings, parking, and traffic flow. After further discussion, the Planning Commission subsequently denied the project. The appeal was filed in accordance with Section 41-645 of the Santa Ana Municipal Code (SAMC), which allows any interested party, individual or group to file an appeal. This section requires the filing of an appeal application within 10 calendar days following the date of the decision by the Planning Commission, which was filed on December 20, 2017. Per Section 41- 645 (h) of the SAMC, the Council may, after a public hearing, affirm, reverse, change, modify the original decision and make any additional determination it shall consider appropriate within the limitations imposed by Chapter 41. In granting or denying the appeal, Section 41-646 of the SAMC requires the Council to make written findings of fact that specifies all facts relied upon in rendering its decision. In response to the Planning Commission's denial, Robert Bisno, on behalf of Cabrillo Community Partners, LLC, filed an appeal of the Planning Commission's decision. The reasons for the appeal were based on the need to comply with the Orange County Fire Authority's setback standards, an economic necessity for the parking variance, and providing sufficient parking capacity (Exhibit C). Additionally, the applicant submitted concept plans showing the provision of 468 parking spaces on the subject site (Exhibit D) and a draft economic impact analysis of the benefits of the project (Exhibit E). Staff is supportive of the applicant's request to construct the project with a side yard setback that is larger than allowed under the development standards of the Metro East Mixed -Use (MEMU) Overlay Zone. The purpose of the increased setback is to provide Fire Authority access to sections of the building that are outside their coverage. Requiring the Code mandated 10 foot setback would restrict Fire access and render the project infeasible. Staff is not supportive of the applicant's request to reduce the required parking for the project. The minimum required parking for a project in the MEMU area is 2 spaces per unit. This parking requirement is consistent with the parking standards most of the Transit Zoning Code area (except for the Downtown subzone). Staff contends that since street parking does not exist, and overflow parking is very limited in the vicinity, the 2 spaces per unit will satisfy the parking demand for the project and will minimize potential parking problems in the area. Although staff is considering a reduction in parking within the MEMU area, the findings of the parking study have not been finalized. However, staff can be supportive of the parking variance provided the applicant secures off-site parking agreements with non-residential property owners in close proximity to the development site. These agreements must be in place prior to issuance of building permits for the project. Based on staffs review and analysis of the project, and the project's consistency with the Metro East Mixed -Use Overlay Zone, staff recommends that the City Council approve Appeal No. 2017- 75A-6