HomeMy WebLinkAbout2019-115 - Approving Site Plan Review No. 2019-01LS 12.3.19
CITY COUNCIL RESOLUTION NO. 2019-115
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA APPROVING SITE PLAN REVIEW NO. 2019-
01 AS CONDITIONED AND APPROVING DENSITY BONUS
AGREEMENT NO. 2019-01 AS CONDITIONED FOR A NEW
MIXED -USE RESIDENTIAL AND COMMERCIAL
DEVELOPMENT FOR THE PROPERTIES LOCATED AT
114 EAST FIFTH STREET (SITE A) AND 117 EAST FIFTH
STREET (SITE B)
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. Michael McCann, representing Toll Brothers Apartment Living (hereinafter
referred to as "Applicant"), is requesting approval of Site Plan Review No. 2019-
01, as conditioned, and Density Bonus Agreement No. 2019-01, as conditioned,
to allow the construction of a new mixed -use residential and commercial
development containing up to 220 residential units at 114 and 117 East Fifth
Street.
B. The Transit Zoning Code was adopted in 2010 as a result of interest in
developing mixed -use residential and commercial projects in its project area.
The Transit Zoning Code was amended in 2019 to modernize and refine
development standards to further these interests. The regulating plan, which
establishes land uses and development standards, allows a variety of housing
and commercial projects, including mixed -use residential communities, live/work
units, hotels, and offices.
C. The California Density Bonus law allows developers to seek increases in
base density for providing on -site housing units in exchange for providing affordable
units on site. To help make constructing on -site affordable units feasible, the law
allows developers to seek incentives/concessions or waivers that would help the
project be built without significant burden and without detriment to public health.
D. On September 23, 2019, 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 continued the matter to October 28, 2019 while holding a
work-study session on the matter on October 14, 2019.
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E. On October 28, 2019, 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 recommended that the City Council approve Site Plan
Review No. 2019-01 as conditioned, and recommended City Council approval of
Density Bonus Agreement No. 2019-01 as conditioned.
F. On December 3, 2019, the City Council of the City of Santa Ana held a
duly noticed public meeting and at that time considered all testimony, written and
oral.
G. Sections 41-2007 and 41-593.5 of the Santa Ana Municipal Code (SAMC)
requires a review by the Planning Commission of all plans for developments of
over four stories within the Transit Zoning Code (Specific Development No. 84) to
ensure the project is in conformity with the overlay zone plan.
H. The zoning designation for the subject property is Specific Development
No. 84, Downtown sub -zone.
I. The City Council determines that pursuant to SAMC Sections 41-2007 and
41-593.5, the project is in compliance with all applicable development standards
outlined within the Specific Development Plan (SD No. 84/Transit Zoning Code),
with the exception of required on -site residential parking, which, pursuant to the
California Government Code sections 65915 through 65918, may be reduced
through approval of the requested Density Bonus Agreement application.
J. The City Council hereby determines that the following findings, which must
be established in order to grant this Density Bonus Agreement pursuant to SAMC
Section 41-1607, have been established for Density Bonus Agreement No. 2019-
01 to allow construction of the proposed project:
1. That the proposed development will materially assist in
accomplishing the goal of providing affordable housing opportunities in
economically balanced communities throughout the city.
The proposed development will provide up to 209 market -rate rental units
and 11 very -low income affordable units, contributing toward the City's
rental housing stock to serve the needs of diverse and underserved
populations. The area in which the project is proposed, the Transit Zoning
Code plan area, currently contains several entitled or constructed
affordable and market -rate residential communities. The construction of
this project will contribute toward an economically balanced community by
providing housing for different demographic and income levels in an area
rich with employment opportunities, commercial development, and market -
rate housing.
2. That the development will not be inconsistent with the purpose of
the underlying zone or applicable designation in the general plan land use
element.
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The project site is located in an area already identified in both the City's
Zoning Code (the Transit Zoning Code) and General Plan (the Land Use
and Housing elements) for new residential communities. Moreover, the
proposed densities of 84 and 50 units per acre on Site A and Site B,
respectively, is consistent with the anticipated development intensity of 90
units per acre in the General Plan Land Use element, and is below the
density bonus provisions in the California Density Bonus Law for family -
oriented projects (35-percent density bonus) and in the City's Housing
Opportunity Ordinance (35-percent density bonus).
3. That the deviation is necessary to make it economically feasible for
the Applicant to utilize a density bonus authorized for the development
pursuant to section 41-1603.
The proposed project requires one deviation through
incentives/concessions for a reduction in required on -site (off-street)
parking. The deviation is described as follows:
Constructing 2.0 parking spaces per residential unit and 0.15 guest
parking spaces per residential unit on the project site would require the
developer to construct an additional level of parking either above- or
below -grade, resulting in increased .construction costs and/or a loss of an
entire level of residential units. The City has identified the Transit Zoning
Code area for high -intensity, mixed -use development in order to reduce
demands for parking and traffic impacts. To address the parking reduction
requested by the Applicant pursuant to State Housing Law, the Applicant
prepared a parking study and parking management plan (PMP). The PMP
adequately outlines measurable means to provide additional parking
through additional onsite valet parking, off -site parking, or a combination
thereof, raising the effective parking ratios to a minimum of 2.15 parking
spaces per residential unit if fully implemented.
As a result of the parking reduction requested, staff coordinated with the
Applicant to explore alternate options for providing additional off -site
parking spaces, maximizing on -site parking spaces, and/or reducing
parking demand on the project site. In response, Toll Brothers prepared a
PMP that addresses incentives for reducing vehicle ownership,
encouraging transit ridership, providing valet services on -site to maximize
parking areas, and providing off -site parking spaces through long-term
agreements with the City in nearby parking structures.
Section 2. In accordance with the California Environmental Quality Act
(CEQA), the City Council of the City of Santa Ana hereby finds, determines, and
declares as follows:
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Based on the substantial evidence set forth in the record, including but not
limited to the 2010 EIR and the 2019 Addendum, the City Council finds that an
addendum is the appropriate document for disclosing the changes to the subject
properties, and that none of the conditions identified in Public Resources Code
section 21166 and State CEQA Guidelines section 15162 requiring subsequent
environmental review have occurred, because:
A. The project does not constitute a substantial change that would
require major revisions of the 2010 EIR due to the involvement of new
significant environmental effects or a substantial increase in the severity of
previously identified significant effects.
B. There is not a substantial change with respect to the circumstances
under which the project will be developed that would require major
revisions of the 2010 EIR due to the involvement of new significant
environmental effects or a substantial increase in the severity of the
previously identified significant effects.
C. New information of substantial importance has not been presented
that was not known and could not have been known with the exercise of
reasonable diligence at the time the 2010 EIR was certified or adopted,
showing any of the following: (i) that the modifications would have one or
more significant effects not discussed in the earlier environmental
documentation; (ii) that significant effects previously examined would be
substantially more severe than shown in the earlier environmental
documentation; (iii) that mitigation measures or alternatives previously
found not to be feasible would in fact be feasible and would substantially
reduce one or more significant effects, but the Applicant declined to adopt
such measures; or (iv) that mitigation measures or alternatives
considerably different from those analyzed previously would substantially
reduce one or more significant effects on the environment, but which the
Applicant declined to adopt.
Section 3. The Applicant shall indemnify, protect, defend and hold the City
and/or any of its officials, officers, employees, agents, departments, agencies,
authorized volunteers, and instrumentalities thereof, harmless from any and all
claims, demands, lawsuits, writs of mandamus, and other and proceedings (whether
legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative
dispute resolution procedures (including, but not limited to arbitrations, mediations,
and such other procedures), judgments, orders, and decisions (collectively "Actions"),
brought against the City and/or any of its officials, officers, employees, agents,
departments, agencies, and instrumentalities thereof, that challenge, attack, or seek
to modify, set aside, void, or annul, any action of, or any permit or approval issued by
the City and/or any of its officials, officers, employees, agents, departments,
agencies, and instrumentalities thereof (including actions approved by the voters of
the City) for or concerning the project, whether such Actions are brought under the
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Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning
Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or
any other federal, state or local constitution, statute, law, ordinance, charter, rule,
regulation, or any decision of a court of competent jurisdiction. It is expressly agreed
that the City shall have the right to approve, which approval will not be unreasonably
withheld, the legal counsel providing the City's defense, and that Applicant shall
reimburse the City for any costs and expenses directly and necessarily incurred by
the City in the course of the defense. City shall promptly notify the Applicant of any
Action brought and City shall cooperate with Applicant in the defense of the Action.
Section 4. The City Council of the City of Santa Ana, after conducting the public
meeting, hereby approves Site Plan Review No. 2019-01 and approves Density Bonus
Agreement No. 2019-01 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 meeting, which includes, but is not limited to: the Request for Council Action
dated December 3, 2019, and exhibits attached thereto; and the public testimony, written
and oral, all of which are incorporated herein by this reference.
Section 5. This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall attest to and certify the vote adopting this
resolution.
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ADOPTED this 31d day of December, 2019.
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By:� ` -C-
Lisa Storck
Assistant City Attorney
AYES: Councilmembers
Bacerra Penaloza Pulido Solorio Villegas (5)
NOES: Councilmembers_ None (0)
ABSTAIN: Councilmembers None (0)
NOT PRESENT: Councilmembers Iglesias Sarmiento (2)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached
Resolution No. 2019-115 to be the original resolution adopted by the City Council of the
City of Santa Ana on December 3, 2019.
Date:G�G
Daisy Gomez
Clerk of the Council
City of Santa Ana
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EXHIBIT A
Conditions for Approval for Site Plan Review No. 2019-01 and
Density Bonus Agreement No. 2019-01
Site Plan Review No. 2019-01 and Density Bonus Agreement No. 2019-01 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 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 to the Development Project Review
approval of DP No. 2018-20.
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. A residential property manager shall be on site at all times that the project is
occupied and the developer and on-site management shall at all times maintain a
24-hour emergency contact and contact information on file with the City.
4. All mechanical equipment shall be screened from view from public and courtyard
areas.
5. 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 by the Planning Division.
6. Prior to installation of landscaping, the Applicant shall submit photos and
specifications of all trees to be installed on the project site for review and approval
by the Planning Division. Specifications shall include, at a minimum, the species,
box size (24 inches minimum), brown trunk height (10-foot minimum), and name
and location of the supplier.
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7. After project occupancy, landscaping and hardscape materials must be maintained
as shown on the approved landscape plans.
8. A Resident Storage Plan shall be provided for the project prior to occupancy.
Storage shall be available at no cost to the residents.
9. Prior to issuance of building permits, the Applicant shall 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.
10. Prior to any structural modification activities, including removal of the 1970s-era
First American Title façade, the Applicant shall retain, at its sole expense, a
professional who meets the Secretary of the Interior’s Historic Preservation
Professional Qualifications Standards (“Professional”) as determined by the City
of Santa Ana. The Professional shall have experience in architectural historic
preservation and adaptive re-use of historic structures. The Professional shall be
onsite to monitor the controlled removal of the 1970s-era First American Title
façade from the exterior of the west building at First American Square. The
exterior shall be removed in such a way as to determine if any original materials
or features from the 1930s-era building remain underneath the current exterior of
the building. The Professional shall assess the structural integrity of the building
and whether it can be incorporated into the Project in the manner depicted in
Applicant’s Preservation Alternative.
After removal of the First American Title façade, no further structural demolition
or construction shall occur until the Professional has prepared a report
addressing the structural integrity of the building and whether it can be safely
incorporated into the Project as depicted in the Applicant’s Preservation
Alternative (“Recommendation Report”). If the Professional concludes that the
1930s-era building can be safely and feasibly incorporated into the Project as
depicted in the Applicant’s Preservation Alternative, the Applicant shall
implement said Alternative.
If the Professional concludes that the 1930s-era building cannot be safely
incorporated into the Project, the Professional shall submit the Recommendation
Report to the City to document the results of the assessment. The Professional’s
Recommendation Report shall also address whether any exterior or interior
building materials and/or features warrant further documentation prior to
demolition, and shall document those materials and/or features in accordance
with the requirements of the Historic American Building Survey. Archival copies
of these photographs and the Professional’s Recommendation Report
documenting these efforts shall be submitted to the Santa Ana History Room so
that they may be archived and available to the public.
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The Applicant may commence construction activities, including building
demolition, thirty (30) days after completion and submittal of the
Recommendation Report to the City, subject to compliance with the notice and
meeting requirements of Condition 10A, below.
10A. Five (5) calendar days prior to removing the 1970s-era First American Title
façade, the Applicant shall provide written and electronic notice of the start date
for the removal work to the following organizations and the City: Santa Ana
Planning and Building Agency, Santa Ana Planning Commission, Santa Ana
Historic Resources Commission, Santa Ana Historical Preservation Society, and
Preserve Orange County. Notice shall be provided via email if available and in
writing and delivered by overnight delivery to the address on record with the City
for each named organization. Upon completion of the façade removal work and
the Recommendation Report described in Condition 10, the Applicant shall
provide a copy of the Recommendation Report to the above-named
organizations and the City, and shall schedule a meeting of all recipients of the
Recommendation Report to discuss the findings of said report and the
Applicant’s decision whether it can implement the Applicant’s Preservation
Alternative. The meeting shall be held at least seven (7) calendar days after
delivery of the Recommendation Report but no later than fifteen (15) calendar
days after delivery of the Recommendation Report. The Planning and Building
Agency shall complete review and determine of the feasibility of the historic
preservation alternative, and notify the above-listed parties and the developer
within 10 calendar days of its determination.
11. The Project shall include a publicly-accessible amenity area available to the public
non-profit organizations four (4) times per calendar year, upon agreement by the
non-profit organization(s) and Applicant. Any revisions to the proposed projects to
include said amenity area, or any required modifications to accommodate said
amenity area, shall be reviewed for substantial conformance during Building
Division plan check.
12. Prior to Certificate of Occupancy issuance, public art shall be installed on the
project site at a value of one-tenth of one percent (0.10%) of the total valuation of
both buildings. The art may be installed on one or both of the project sites (Site A
and/or Site B). The selection, design, and installation of the art shall be subject to
review and approval by the Planning and Building Agency, the Community
Development Agency, and the Applicant.
13. Residents of both development sites in the Project (Site A and Site B) shall have
access to resident amenities and open space areas in both sites in perpetuity.
14. Prior to the issuance of a building permit, a Property Maintenance Agreement
must be recorded against the property. The agreement will be subject to review
and applicability by the Planning and Building Agency, the Community
Development Agency, the Public Works Agency, and the City Attorney to ensure
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that the property and all improvements located thereupon are properly
maintained, Developer (and the owner of the property upon which the authorized
use and/or authorized improvements are located if different from the Applicant)
shall execute a Maintenance Agreement with the City of Santa Ana which shall
be recorded against the property and which shall be in a form reasonably
satisfactory to the City Attorney. The Maintenance Agreement shall contain
covenants, conditions and restrictions relating to the following:
(a) Compliance with operational conditions applicable during any period(s) of
construction or major repair (e.g., proper screening and securing of the
construction site; implementation of proper erosion control, dust control and
noise mitigation measure; adherence to approved project phasing etc.);
(b) Compliance with ongoing operational conditions, requirements and
restrictions, as applicable (including but not limited to hours of operation, security
requirements, the proper storage and disposal of trash and debris, enforcement
of the parking management plan, and/or restrictions on certain uses,
(c) Ongoing compliance with approved design and construction parameters,
signage parameters and restrictions as well as landscape designs, as applicable;
(d) Ongoing maintenance, repair and upkeep of the property and all
improvements located thereupon (including but not limited to controls on the
proliferation of trash and debris about the property; the proper and timely removal
of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized
and/or weathered buildings, structures and/or improvements; the timely
maintenance, repair and upkeep of exterior paint, parking striping, lighting and
irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom
fixtures, landscaping and related landscape improvements and the like, as
applicable);
(e) If Developer and the owner of the property are different (e.g., if the Applicant
is a tenant or licensee of the property or any portion thereof), both the Applicant
and the owner of the property shall be signatories to the Maintenance Agreement
and both shall be jointly and severally liable for compliance with its terms.
(f) The Maintenance Agreement shall further provide that any party responsible
for complying with its terms shall not assign its ownership interest in the property
or any interest in any lease, sublease, license or sublicense, unless the
prospective assignee agrees in writing to assume all of the duties, obligations
and responsibilities set forth under the Maintenance Agreement.
(g) The Maintenance Agreement shall contain provisions relating to the
enforcement of its conditions by the City and shall also contain provisions
authorizing the City to recover costs and expenses which the City may incur
arising out of any enforcement and/or remediation efforts which the City may
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undertake in order to cure any deficiency in maintenance, repair or upkeep or to
enforce any restrictions or conditions upon the use of the property. The
maintenance agreement shall further provide that any unreimbursed costs and/or
expenses incurred by the City to cure a deficiency in maintenance or to enforce
use restrictions shall become a lien upon the property in an amount equivalent to
the actual costs and/or expense incurred by the City.
(h) The execution and recordation of the Maintenance Agreement shall be a
condition precedent to the issuance of final approval for any construction permit
related to this entitlement.
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