HomeMy WebLinkAbout55B - RESO THE MADISON APPEALREQUEST
COUNCIL
FOR
ACTION
CITY COUNCIL MEETING DATE:
JUNE 5, 2018
TITLE:
APPROVAL OF APPEAL NO. 2017-05 OF SITE
PLAN REVIEW NO. 2016-03 AND VARIANCE
NOS. 2017-05 AND 2017-06 TO ALLOW THE
CONSTRUCTION OF A SEVEN -STORY 260 -UNIT
MIXED-USE BUILDING "THE MADISON" AT 200
NORTH CABRILLO PARK DRIVE — CABRILLO
COMMUNITY PARTNERS, LLC, APPLICANT
{STRATEGIC PLAN NO. 3,2)
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ClMANAGER
RECOMMENDED ACTION
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❑ As Recommended
❑ As Amended
❑ Ordinance on 1B1 Reading
❑ Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Approve Appeal No. 2017-05 and adopt a resolution approving Site Plan Review No. 2016-03
and Variance Nos. 2017-05 and 2017-06.
DISCUSSION
At the April 17, 2018, City Council meeting, the City Council approved the following entitlements
per the applicant's request:
- Site Plan Review No. 2016-03: To allow the construction of a seven -story mixed-use
development with up to 260 units.
- Variance No. 2017-05: To allow a reduction in parking from 2.0 spaces per unit to 1.8
spaces per unit.
- Variance No. 2017-06: To allow an increased side yard setback of a minimum of 30 feet
in lieu of a maximum of 10 feet.
The staff report included a recommendation and resolution to approve the project and setback
variance but deny the parking variance. The City Council alternatively approved all the
entitlements per the applicant's request. Therefore, the resolution (Exhibit 1) has been revised to
reflect the Council's action to approve all the entitlements.
5513-1
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
June 5, 2018
Page 2
ECONOMIC BENEFIT
The project will provide economic benefits to the City in the form of increased economic activity,
value added, job creation, and employee compensation. According to an economic impact study
provided by the applicant, the construction phase of the development will directly generate
approximately $66.7 million in total economic activity in the City, resulting in approximately $45.5
million in value added. It will also add approximately 359 directly related jobs onsite and 225 jobs
through indirect and induced economic activity. Additionally, annually -recurring revenue to the
City would result from property taxes and sales taxes. The study identifies that the development
is anticipated to generate close to $268,000 in annually -recurring property tax revenue and
$72,000 in annually -recurring sales tax revenue. The sales tax revenue will be from new resident
local spending both onsite and at establishments throughout the City.
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal #3 - Economic Development,
Objective #2 (create new opportunities for business/job growth and encourage private
development through new General Plan and Zoning Ordinance policies).
FISCAL IMPACT
There is no fiscal impact associated with this action.
Minh Thai
Executive Director
Planning & Building Agency
JA: rb
S:RFCA\2018\06-05-18\PBA SPR2016-03 VA 2017-05-06 Madison Appeal
Exhibit: 1. Council Resolution for Approval of Site Plan Review No. 2016-03 and Variances
No. 2017-05 and 2017-06
55B-2
LS 6.5.18
RESOLUTION NO.2018-xx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA APPROVING APPEAL NO. 2017-05 AND
REVERSING THE PLANNING COMMISSION'S DENIAL OF
SITE PLAN REVIEW NO. 2016-03, VARIANCE NO. 2017-05
FOR A REDUCTION IN PARKING, AND VARIANCE 2017-06
FOR THE INCREASED SIDE YARD SETBACK, AS
CONDITIONED, FOR THE DEVELOPMENT OF THE
PROPERTY LOCATED AT 200 NORTH CABRILLO PARK
DRIVE
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. Robert Bisno with Cabrillo Community Partners, LLC (hereinafter referred
to as "Applicant") is requesting approval of Site Plan Review No. 2016-03,
and Variance No. 2017-05 and Variance No. 2017-06, to allow the
construction of a seven -story mixed-use development with up to 260 units
at 200 North Cabrillo Park Drive.
B. On December 11, 2017, the Planning Commission of the City of Santa
Ana held a duly noticed public hearing and at that time considered all
testimony, written and oral, and adopted a resolution denying Site Plan
Review No. 2016-03 and Variance Nos. 2017-05 and 2017-06.
C. The Planning Commission's decision to deny Site Plan Review No. 2016-
03 and Variance Nos. 2017-05 and 2017-06 was appealed to the City
Council by the Applicant on December 20, 2017, contending that the
project is appropriate at this location (Appeal No. 2017-05). Santa Ana
Municipal Code (SAMC) section 41-645 allows any interested party,
individual or group to file an appeal.
D. Appeal No. 2017-05 came before the City Council of the City of Santa Ana
for a duly noticed public hearing on April 3, 2018, to consider all testimony,
written and oral. The project was continued to April 17, 2018, to provide
adjacent property owners additional time to address circulation concerns.
E. The City Council of the City of Santa Ana has considered the information,
disagrees with the Planning Commission decision, and determines that
the following findings, which must be established in order to grant this Site
Plan Review pursuant to SAMC Section 41-595.5 and Metro East Mixed -
Use Overlay Zone (MEMU) Sections 8.1 and 8.2 have been established
Resolution No. 2018-xx
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55B-3
for Site Plan Review No. 2016-03 to allow construction of the proposed
project.
That the proposed development plan is consistent with and will
further the objectives outlined in Section 1.2 for the MEMU overlay
district.
The proposed development project will be compatible with
Section 1.2 (Objectives) of the Metro East Overlay zone. The
proposed project will contain up to 260 residential units
(including four live/work units) and approximately 6,600 sq.
ft. of commercial uses. The project design incorporates an
active streetscape that integrates the private development
with the public realm. The project meets several General
Plan goals and policies, including Land Use Element Goal 1
(promote a balance of land uses to address basic community
needs), Goal 2 (promote land uses which enhance the City's
economic and fiscal viability), and Housing Element Policy
HE -2.3 (encourage the construction of rental housing for
Santa Ana's residents and workforce, including a
commitment to very low, low, and moderate income
residents and moderate income Santa Ana workers) and
Policy HE -2.5 (require excellence in architectural design
through the use of materials and colors, building treatments,
landscaping, open space, parking, and environmentally
sensitive ("green") building and design practices).
That the proposed development plan is consistent with the
development standards specified in Section 4 of the MEMU overlay
district.
The project complies with the majority of development
standards enumerated in the MEMU regulating plan, with the
exception of required parking and side yard setback, which
are analyzed through the variances.
3. That the proposed development plan is 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
district.
The proposed development consists of a seven -level project
surrounded by several existing mid and high-rise buildings
and has been designed to complement these developments.
It supports the vision of the MEMU plan with the construction
Resolution No. 2018-xx
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55B-4
of a high-density mixed-use development in close proximity
to similar residential uses and supportive commercial uses.
The project incorporates a variety of architectural materials,
massing and ground floor uses that are compatible with the
MEMU plan. It encourages a reduction in parking to reduce
construction cost and emissions and to foster alternative
modes of transportation such as bicycling, walking, and
transit.
4. That the land use, site design, and operational considerations in the
proposed development plan have been planned in a manner that
will result in a compatible and harmonious operation as specified in
Section 7 of the MEMU overlay district.
No significant negative impacts from noise, air quality,
aesthetics, or traffic are expected except for temporary
impacts arising during construction of the project. The site's
design is intended to activate its frontage on Cabrillo Park
Drive with the provision of publicly accessible open space,
small-scale commercial uses, and a variety of seating and
recreational amenities.
F. The City Council of the City of Santa Ana determines that the following
findings, which must be established in order to grant Variance Nos. 2017-
05 and 2017-06 for reduction in parking and increased side yard setback,
respectively, have been established as required bySAMC Section 41-638:
1. That because of special circumstances applicable to the subject
property, including size, shape, topography, location or
surroundings, the strict application of the zoning ordinance is found
to deprive the subject property of privileges not otherwise at
variance with the intent and purpose of the provisions of this
Chapter.
The proposed project is located in an area surrounded by
office buildings, parking structures, and a freeway, which
restrict the site from compliance with the side yard setback
to the south property line and parking requirements. The site
is surrounded by high-rise offices and parking structures that
have ample parking with divergent peak hour demands from
the residential component of the proposed project. Adjacent
commercial sites are built out to minimum setbacks and abut
a freeway, which limits the amount of developable area for
habitable space, parking, and open space for future
residents and visitors. Additionally, the site necessitates
adequate emergency access to the rear of the property to
Resolution No. 2018-xx
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55B-5
serve the proposed development. In order to properly
address life safety issues, the building massing which takes
into account the parking garage and setbacks must be
reduced to accommodate a larger setback for a fire lane and
adequate ladder angles.
2. That the granting of the variances is necessary for the preservation
and enjoyment of one (1) or more substantial property rights.
The granting of the parking and setback variances will
preserve the property owners ability to develop a vacant lot
with uses consistent with the MEMU overlay plan and to
provide adequate emergency access to serve the project.
The development will revitalize the currently undeveloped
parcel and activate the area with additional housing and
commercial uses to support the active -urban subzone of the
MEMU overlay plan. Future housing and active retail uses
will benefit the neighborhood and promote the ability to live,
work, shop, and play all within a short walk of each other.
3. That the granting of the variances will not be detrimental to the
public welfare or injurious to surrounding property.
The granting of the parking and setback variances will not be
detrimental to the public or surrounding properties. As
demonstrated in the parking analysis for the project, the site
will have sufficient parking to accommodate the peak
demand for the future residential and commercial uses. The
parking study also demonstrates that residential uses have
divergent peak demand hours than surrounding commercial
and office uses, therefore no significant impacts to traffic or
parking are anticipated. Furthermore, the 30 -foot setback in
lieu of a maximum 10 -foot setback is necessary to
accommodate emergency access and will serve a dual
design purpose as open space for the residents. The
variances will allow for the development of an undeveloped
vacant site consistent with the MEMU overlay plan.
4. That the granting of the variances will not adversely affect the
General Plan of the city.
The project will not adversely affect the General Plan, but
rather support its goals. The proposed project is consistent
with Land Use Element Goal 1 (promote a balance of land
uses to address basic community needs) and Goal 2
(promote land uses which enhance the City's economic and
Resolution No. 2018-xx
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55B-6
fiscal viability) by providing a high-intensity mixed-use
residential and commercial development consistent with the
vision of the area and surrounding land use designations.
The variances allow for the development of the project in a
mid to high-rise built environment and will provide housing in
close proximity to support nearby commercial uses.
Section 2. In accordance with the California Environmental Quality Act
(CEQA), the recommendation is exempt from further review pursuant to Section 15332
(Class 32 "In -Fill Development Projects").
The Class 32 exemption applies to projects characterized as infill development
meeting the following conditions: 1. The project is consistent with the applicable general
plan designation and all applicable general plan policies as well as with applicable
zoning designation and regulation; 2. The proposed development occurs within city
limits on a project site of no more than five acres substantially surrounded by urban
uses; 3. The project site has no value as habitat for endangered, rare or threatened
species; 4. Approval of the project would not result in any significant effects relating to
traffic, noise, air quality, or water quality; and 5. The site can be adequately served by
all required utilities and public services.
The project is consistent with the City's General Plan and the MEMU regulating
plan. The project meets several General Plan goals and policies, including Land Use
Element Goal 1 (promote a balance of land uses to address basic community needs)
and Goal 2 (promote land uses which enhance the City's economic and fiscal viability),
and Housing Element Policy HE -2.3 (encourage the construction of rental housing for
Santa Ana's residents and workforce, including a commitment to very low, low, and
moderate income residents and workforce in the City) and Policy HE -2.5 (require
excellence in architectural design through the use of materials and colors, building
treatments, landscaping, open space, parking, and environmentally sensitive ("green')
building and design practices).
The project site and type of development proposed are already addressed in the
previously approved environmental impact report (EIR) for the MEMU overlay district
(EIR No. 2006-01). However, a Class 32 exemption is required for the project because
the original EIR did not require a greenhouse gas study. The Applicant submitted a
greenhouse gas study to indicate that the project will not negatively impact greenhouse
gas reduction goals. In addition, a health risk assessment (HRA) was prepared to
identify any impacts from developing a residential community adjacent to a freeway.
The HRA recommends that the project incorporate certain window design features on
freeway -facing elevations for all units adjacent to the 1-5 freeway, and that the project
install air filtration systems throughout.
Section 3. The Applicant agrees to indemnify, hold harmless, and defend the
City of Santa Ana, its officials, officers, agents, and employees, from any and all liability,
claims, actions or proceedings that may be brought arising out of its approval of this
Resolution No. 2018-xx
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55B-7
project, and any approvals associated with the project, including, without limitation, any
environmental review or approval, except to the extent caused by the sole negligence of
the City of Santa Ana.
Section 4. The City Council of the City of Santa Ana, after conducting the public
hearing, hereby approves Appeal No. 2017-05, and approves Site Plan Review No. 2016-
03, Variance No. 2017-05, and Variance No. 2017-06, as conditioned in Exhibit A attached
hereto and incorporated as though fully set forth herein. This decision is based upon the
evidence submitted at the above said hearing, which includes, but is not limited to: the
public testimony at such hearing, written and oral, all of which are incorporated herein by
this reference.
ADOPTED this _ day of 2018 by the following vote:
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By: L-0,14�
Lisa Storck
Assistant City Attorney
AYES:
Councilmembers:
NOES:
Councilmembers:
ABSENT:
Councilmembers:
ABSTENTIONS:
Councilmembers:
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached
Resolution No. 2018-xx to be the original resolution adopted by the City Council of the
City of Santa Ana on 2018.
Date:
Clerk of the Council
City of Santa Ana
55B-8
Resolution No. 2018-xx
Page 6 of 10
EXHIBIT A
Site Plan Review No. 2016-03, Variance No. 2017-05, and Variance No. 2017-06 are
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 belownp for to exercising
the rights conferred by this site plan review and variances.
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 and variances.
A. Planning Division
1. All proposed site improvements must conform to the Site Plan Review approval
of DP No. 2016-38.
2. Any amendment to this site plan review, including modifications to approved
materials, finishes, architecture, site plan, landscaping, unit count, mix, and
square footages must be submitted to the Planning Division for review. At that
time, staff will determine if administrative relief is available or if the site plan
review must be amended.
3. The project shall comply with all mitigation measures as required by the Metro
East Mixed -Use Overlay Zone.
4. A residential property manager shall be on-site at all times that the project is
occupied.
All new utilities and mechanical equipment such as backflow devices, Edison
transformers, and double check detector assembly devices shall not be located
within front yard setbacks and must be screened from view from public and
courtyard areas.
6. All parking for the project, including visitor parking spaces, shall be made
available free of charge.
7. The interior of the parking structure shall be painted white.
Resolution No. 2018-xx
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55B-9
8. A final detailed amenity 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 amenity, plaza, or courtyard areas as
well as an installation plan. The exact specifications for these items are subject
to the review and approval of the Planning Division.
9. After project occupancy, landscaping and hardscape materials must be
maintained as shown on the approved landscape plans.
10. A Resident Storage Plan shall be provided for the project prior to occupancy.
Storage shall be available at no cost to the residents.
11. Smart wiring, including cable television and high-speed cable for computers,
shall be provided for each unit and within the project's common areas.
12. Prior to issuance of a grading permit, the following shall be completed:
a) Submit a construction schedule and staging plan to the Planning Division for
review and approval. The plan shall include construction hours, staging
areas, parking and site security/screening during project construction.
b) Block wall/fencing plans (including a site plan, section drawings, and
elevations depicting the height and material of all retaining walls, walls, and
fences) consistent with the grading plan shall be submitted to and be
approved by the Planning Division.
13. Prior to occupancy of any units, the following shall be completed:
a) A Rental Housing Operational 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
residents.
b) A Parking Management Plan shall be submitted to the Planning Division for
review and approval. The plan shall include parking spaces with
accompanying exhibits and provisions for the distribution and management
of parking for residents, employees and guests.
14.As a result of the health risk assessment (HRA) and to reduce any adverse
health effects associated with diesel -truck emissions associated with the
project's proximity to the 1-5 Freeway, Applicant must install non-operable
windows on all windows facing the 1-5 Freeway and install air filtration systems
with filters meeting or exceeding the American Society of Heating, Refrigeration,
Resolution No. 2018-xx
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55B-10
and Air Conditioning Engineers (ASHRAE) 52.5 Minimum Efficiency Reporting
Value (MERV) of 14.
15. A Public Art Plan shall be submitted to the Planning Division for staff review and
approval prior to the issuance of building permits. The public art shall be
installed prior to issuance of a certificate of occupancy.
B. Police Department
1. The Applicant will be required to submit a security plan for the proposed project
to the Police Department. 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. Parking structure and buildings: Each door within the structure and building
leading into a stairwell, lobby, or 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, in the storage rooms and at each
corner along a walkway. The last flight of each stair must be fully enclosed at its
base.
3. Elevators are to be equipped with minimum 12 -inch shatterproof convex mirrors
or are to have mirrored backing.
4. Parking structure first floor exits must be designed to allow emergency egress
with no exterior hardware.
5. Building/unit addressing shall comply with emergency service standards of the
City of Santa Ana.
6. Lobby doors must be equipped with a Police Department approved access
control system.
7. Provide a minimum 100 square inch window in the trash room and storage
room doors.
8. Parking Structure elevators must be equipped with an approved access control
system.
C. Orange County Fire Authority
1. Prior to OCFA clearance of issuance of a building permit, the Applicant or
responsible party shall submit plans and obtain approval of the following:
a) Fire master plan (service code PR145)
b) Architectural (service codes PR200-PR285)
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55B-11
c) Architectural (service codes (PR212-PR220, abbreviated review)
d) Tanks storing hazardous materials (service codes PR300-PR305)
e) Hazardous materials compliance and chemical classification (service codes
PR315-PR328)
f) Battery (service code PR375), for any system containing an aggregate
quantity of electrolyte in excess of 50 gallons
g) Underground piping for private hydrants and fire sprinkler systems (service
code PR470-PR475)
h) Fire sprinkler system (service code PR400-PR465)
2. Prior to concealing interior construction, the Applicant shall obtain approval of a
fire alarm system (service code PR500-PR520).
3. Before commencement of construction, the Applicant or responsible party shall
attend a pre -construction meeting with an OCFA inspector. Call OCFA Inspection
Scheduling at 714-573-6150 at least five days in advance to schedule and pay for
the pre -construction meeting.
4. After installation of required fire access roadways and hydrants, the Applicant
shall receive clearance from the OCFA prior to bringing combustible building
materials on-site. Call OCFA Inspection Scheduling at 714-573-6150 with the
Service Request number of the approved fire master plan at least five days in
advance to schedule the lumber drop inspection.
5. The Applicant or responsible party shall provide the OCFA inspector evidence
of compliance with emergency responder digital radio system performance criteria
prior to occupancy. Refer to OCFA Guideline E-03 or the local jurisdiction's
emergency responder radio ordinance, as applicable, for requirements.
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55B-12