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HomeMy WebLinkAboutNS-2980 - Approving Amendment Application No. 2018-10 Rezoning Propety Located at 2525 North Main StreetORDINANCE NO. NS-2980 AN ORDINANCE OF THE CITY COUNCIL APPROVING AMENDMENT APPLICATION NO. 2018-10 REZONING THE PROPERTY LOCATED AT 2525 NORTH MAIN STREET FROM PROFESSIONAL (P) TO SPECIFIC DEVELOPMENT NO. 93 (SD-93) (AA NO. 2018-10) AND ADOPTING SPECIFIC DEVELOPMENT NO. 93 (SD-93) FOR SAID PROPERTY THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: WHEREAS, Chapter 41, Article 1, Division 1, Section 41-1 of the Santa Ana Municipal Code establishes the necessity of segregating the location of residences, businesses, trades and industries; regulating the use of buildings, structures, and land regulation; the location, height, bulk and size of buildings and structures, the size of yards and open space; the City is divided into land -use districts of such number, shape and area as may be considered best suited to carry out these regulations and provide for their enforcement; and WHEREAS, the regulations are considered necessary in order to: encourage the most appropriate use of land, conserve and stabilize property value, provide adequate open spaces for light and air and to prevent and fight fires, prevent undue concentration of population, lessen congestion on streets and highways, and promote the health, safety and general welfare of the people, all as part of the general plan of the City; and WHEREAS, the City of Santa Ana has adopted a zoning map which has since been amended from time to time; and WHEREAS, AC 2525 Main, LLC ("Applicant") seeks to develop the Addington Multi -Family Residential Project ("proposed Project"), originally proposed as a 496-unit multi -family project on a 5.93-acre site at 2525 North Main Street in Santa Ana, California ("Project Site"); and WHEREAS, during the entitlement and environmental review process, and in response to comments and concerns raised by the public and the City's elected officials, the Applicant has proposed modifications to the original proposal; and WHEREAS, the Project as currently proposed now entails, among other things, (1) demolition of the existing 81,172 square foot vacant two-story office building and 442-space surface parking lot on the Project Site; (2) redevelopment of the 5.93-acre Ordinance No. NS-2980 Page 1 of 23 site with 444,534 square feet of total development, including 277,281 square feet of residential buildings that would provide 256 for -rent multi -family residential units and a 167,253 square foot central parking structure and a 284 space surface level parking lot with residential and commercial parking; (3) approval of Development Agreement No. 2018-01 between the City of Santa Ana ("City") and Applicant; (4) approval of General Plan Amendment No. 2018-06, which would change the Project Site's existing land use designation of Professional & Administration Office (PAO) to District Center (DC); and (5) approval of Amendment Application No. 2018-10, which would change the zoning of the Project Site from Professional (P) to Specific Development No. 93 (SD-93) designation; and WHEREAS, the requested Amendment Application would change the zoning designation of the property from Professional (P) to Specific Development No. 93 (SD- 93) and adoption of Specific Development No. 93 to reflect this change in order to facilitate the construction of the multi -family housing project; and WHEREAS, Environmental Impact Report No. 2018-01 (State Clearinghouse No. 2018021031) for the proposed Project was circulated between August 7, 2018 and October 4, 2018; and WHEREAS, the Environmental Impact Report analyzed the impacts related to the proposed amendment to the zoning map and adoption of Specific Development No. 93; and WHEREAS, on August 27, 2018, the Planning Commission conducted a work study session to overview the project and thirty-two (32) verbal comments were received (three (3) in support and twenty-nine (29) in opposition) and nine (9) written comments were received (one (1) in support and eight (8) in opposition); and WHEREAS, on November 26, 2018, the Planning Commission continued a duly noticed public hearing for the project to January 14, 2019 and held a second study session to overview the Project and fifty-eight (58) verbal comments were received (twenty-five (25) in support; thirty-one (31) in opposition and two (2) neutral) and eleven (11) written comments were received (two (2) in support and nine (9) in opposition); and WHEREAS, on January 14, 2019, the Planning Commission conducted a duly noticed public hearing to consider the EIR, Development Agreement No. 2018-01, General Plan Amendment No. 2018-06, and Amendment Application No. 2018-10 and solicited comments on the EIR. At the meeting, seventy-nine (79) members of the public spoke on the item, thirty (30) speakers supported the project, forty-eight (48) opposed it and one speaker was neutral. After hearing all relevant testimony from staff, the public and the City's consultant team, the Planning Commission voted to recommend that the City Council does not certify the EIR, adopt the findings, the statement of overriding considerations and the mitigation monitoring and reporting program and deny the Project; and Ordinance No. NS-2980 Page 2 of 23 WHEREAS, on February 5, 2019, the City Council conducted a duly noticed public hearing to consider the EIR, Development Agreement No. 2018-01, General Plan Amendment No. 2018-06, and Amendment Application No. 2018-10 and solicited comments on the EIR. At the meeting, sixty-one (61) members of the public spoke on the item, thirty-eight (38) speakers supported the project, twenty (20) speakers opposed it and three (3) speakers were neutral and the public hearing was continued to the next regular adjourned City Council meeting on February 19, 2019; and WHEREAS, on February 19, 2019, the City Council continued to conduct a duly noticed public hearing to consider the EIR, Development Agreement No. 2018-01, General Plan Amendment No. 2018-06, and Amendment Application No. 2018-10 and solicited comments on the EIR. At the meeting, one hundred and thirty-one (131) members of the public spoke on the item, twenty-six (26) speakers supported the project and one hundred and five (105) speakers opposed it and one hundred and sixty- six (166) written comments were received with nine (9) in support and one hundred and fifty-seven (157) in opposition. After hearing all relevant testimony from staff, the public and the City's consultant team, the City Council voted that the applications go back to the Planning Commission for reconsideration after further consultation with the community; and WHEREAS, in June 2019, the applicant submitted a revised plan consisting of development 347 multi -family units (59 dwelling units per acre), with 642 parking spaces (1.85 parking spaces per unit) and parking capacity at 2.0 spaces per unit, within a 4- story residential building wrapped around a five -level parking structure with an amenity deck on the sixth -level, private open space, and redesigned the intersection of Main Street and Walkie Way/Santiago Park Drive to provide access to the project on a 5.93- acre site (the "June Revised Plan"); and WHEREAS, on August 12, 2019, the Planning Commission conducted a duly noticed public hearing to consider the June Revised Plan. At the meeting, seventy- seven (77) members of the expressed opposition; nine (9) supported the project, and one speaker was neutral. In addition, one -hundred (100) written comments were received with six (6) in support and ninety-four (94) in opposition. After hearing all relevant testimony from staff, the public and the City's consultant team, the Planning Commission vote resulted in an impasse; and WHEREAS, in October 2019, in response to comments received the applicant submitted a further revised plan. including redevelopment of the 5.93-acre site with 444,534 square feet of total development, including 277,281 square feet of residential buildings that would provide 256 for -rent multi -family residential units and a 167,253 square foot central parking structure and a 284 space surface level parking lot which also reduced the Project's height, increased the Project's setbacks, and modified the Project entrance ("October Modified Project"); and Ordinance No. NS-2980 Page 3 of 23 WHEREAS, the City has prepared "Clarifications to the Final EIR" to determine if the Modified Project would result in new or substantially increased environmental effects than those analyzed in the EIR such that the EIR would require recirculation prior to its certification; and WHEREAS, the Clarifications to the Final EIR include detailed analysis, based upon substantial evidence, that demonstrate that the Modified Project would not result in any new or substantially greater impacts than are disclosed in the EIR, no new mitigation measures beyond those identified in the EIR are required, and no additional feasible alternatives or mitigation measures considerably different from others previously analyzed would clearly lessen the significant environmental impacts of the project; and WHEREAS, on October 28, 2019, the Planning Commission conducted a duly noticed public hearing to consider the EIR, Development Agreement No. 2018-01, General Plan Amendment No. 2018-06, and Amendment Application No. 2018-10 and solicited comments on the EIR. At the meeting, sixty-two (62) expressed opposition and two (2) in expressed support the project. In addition, ninety-eight (98) individuals submitted comments with ninety-four (94) in opposition and four (4) in support; and WHEREAS, after hearing all relevant testimony from staff, the public and the City's consultant team, the Planning Commission by a vote of 3:2, voted to recommend denial of the project. Since the entitlements require final action by the City Council, the actions were forwarded to the City Council; and WHEREAS, on November 8, 2019, the City gave public notice of a City Council public hearing for consideration of Amendment Application No. 2018-10 by advertising in the Orange County Register, a newspaper of general circulation, and by mailing to owners of property and residents within 500 feet of the Project; and WHEREAS, on November 19, 2019, the City Council conducted a duly noticed public hearing to consider General Plan Amendment No. 2018-06, Amendment Application No. 2018-10, and Development Agreement No. 2018-01, and the Environmental Impact Report for the Project, at which hearing members of the public were afforded an opportunity to comment upon Amendment Application No. 2018-10; and NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES RESOLVE, DETERMINE, FIND, AND ORDER AS FOLLOWS: SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT: The City Council has reviewed and certified Environmental Impact Report No. 2018-01; adopted the Mitigation Monitoring and Reporting Program (MMRP); and adopted the Statement of Overriding Consideration for the proposed Project, including this Amendment Application No. 2018-10. Ordinance No. NS-2980 Page 4 of 23 SECTION 3. AMENDMENT APPLICATION: The Amendment Application consists of amendments to the zoning map (SDM 6-5-9) and adoption of Specific Development No. 93, as shown in Exhibit A and Exhibit B respectively, attached hereto and incorporated herein by reference. SECTION 4. LOCATION OF DOCUMENTS: The Amendment Application, Environmental Impact Report and all supporting documents are on file and available for public review at Santa Ana City Hall, 20 Civic Center Plaza, Santa Ana, California 92702. SECTION 5. GENERAL PLAN CONSISTENCY: The City Council hereby finds that the proposed Amendment Application is compatible with the objectives, policies, and general plan land use programs as amended by General Plan Amendment No. 2018-06 in that: A. The proposed Amendment Application will not adversely affect the public health, safety, and welfare in that the Amendment Application will not result in incompatible land uses on adjacent properties, inconsistencies with any General Plan goals or policies, or adverse impacts to the environment. B. The amendment application to change the zoning designation from Professional (P) to Specific Development 93 (SD-93) is consistent with Santa Ana Municipal Code section 41-593.1 for the following reasons: (1) Protecting and enhancing the value of properties by encouraging the use of good design principles and concepts, as related to the division of property, site planning and individual improvements with full recognition of the significance and effect they have on the proper planning and development of adjacent and nearby properties. The site plan has been designed with the vehicular entrance on Main Street away from the residential neighborhood to the south and east. In addition, the parking structure and rooftop amenity deck, which are the tallest building elements are positioned closer to Main Street, with residential buildings wrapped around the structure to screen it. There is a 90-foot rear (east) setback requirement which creates a buffer between the multi -family buildings and single-family homes. In addition, the existing healthy trees along the east property line will be protected in place and new mature trees will be planted or replaced as needed. The wall along the eastern property line will be increased to 8-feet in height and the east side of the building will tier in height from two, three, to four stories to provide a transition in height when compared to the single -story residential dwellings to the east. The building is also designed with courtyards rather than one large "box" to Ordinance No. NS-2980 Page 5 of 23 provide open space and variation in the massing. Furthermore, the units along Edgewood Road will have patios with access to the street to mimic single-family dwelling porches and to connect the project with the residential neighborhood. (2) Encouraging, securing and maintaining the orderly and harmonious appearance, attractiveness and aesthetic development of structures and grounds in order that the most appropriate use and value thereof be determined and protected. The property is a 5.93-acre site with street frontage along Main Street, a major urban corridor with cultural, educational, employment and retail destinations such as the Bowers Museum, Discovery Science Center, Main Place Mall and in the City of Orange; the Children's Hospital of Orange County and St. Joseph's Hospital of Orange County. Therefore, the residential development would be within close proximity of major employment centers and retail establishments. The site is also located just north of the Santa Ana (1-5) freeway which provides regional access to and from the City. The multi -storied development will complement the nearby mid -rise office buildings located along Main Street to the north and west of the site and the multi -family residential use supports a mixed -use setting. In addition, the new building will have a variety of materials such as multiple brick veneers, stone veneer, metal panels, ceramic tile, metal canopies, flat and metal seamed roofs to assist in creating a modern contemporary design. The residential development will replace a potential office use with a residential use. Although a professional office use is typically considered a low intensity land use when compared to commercial or industrial uses, issues with parking, traffic and noise may still arise. When comparing land uses multi -family uses are more compatible in nature with single- family residential neighborhoods than office uses. (3) Providing a method whereby specific development plans are to be based on the general plan as well as other regulations, programs, and legislation as may in the judgment of the city be required for the systematic execution of the general plan. With approval of General Plan Amendment No. 2018-06, the Project will be consistent with the General Plan Land Use Element. Although the Project requires an amendment to the Land Use Element to allow for residential use of the property, the Project still supports and is consistent with several other overarching goals and policies of the General Plan. For example, Ordinance No. NS-2980 Page 6 of 23 as described in the associated General Plan Amendment No. 2018-06: Housing Element Goal 2, to create diversity of quality housing, affordability levels, and living experiences that accommodate Santa Ana's residents and workforce of all household types, income levels, and age groups to foster an inclusive community. Land Use Element Goal 4, to protect and enhance development sites and districts which are unique community assets that enhance the quality of life. Urban Design Element, Goal 1, to improve the physical appearance of the City through development of districts that project a sense of place, positive community image, and quality environment. (4) Recognizing the interdependence of land values and aesthetics and providing a method to implement this interdependence in order to maintain the values of surrounding properties and improvements and encouraging excellence of property development, compatible with the general plan for, and character of, the city, with due regard for the public and private interests involved. Development of the Project would result in a substantial change in views and a significant and unavoidable impact to aesthetics. However, the Project will replace an over 30-year old structure with a modern building with enhanced landscaping contributing to the character of the City. Furthermore, a Development Agreement between the developer/property owner and the City of Santa Ana has been entered into. Public benefits of the agreement include: public art, Santiago Park for improvements, Park Santiago Neighborhood benefits including access to on -site amenities for Park Santiago residents, security patrol of the residential neighborhood and Santiago Park, and Park Santiago Neighborhood for traffic improvements and calming such as street calming, traffic diversion, and street lights. (5) Insuring that the public benefits derived from expenditures of public funds for improvements and beautification of streets and public facilities shall be protected by exercise of reasonable controls over the character and design of private buildings, structures and open spaces. The multi -family residential development will utilize existing water, sewer, and drainage infrastructure and will not result in the expansion of infrastructure. In addition, the Project will not result in the expansion of new or altered police or fire facilities. The Project will be subject to utility user tax, property taxes based on the valuation of the new construction and management company business taxes. The building facades and new landscaping are Ordinance No. NS-2980 Page 7 of 23 designed to deter graffiti, existing sidewalks will be removed and replaced with new sidewalks that are constructed to City standards, new street lights will be installed and the City's Building Security Ordinance will be implemented which includes security and crime preventing measures to help reduce City expenditures on public services and maintenance. In addition, the residential development will be subject to all required development impact fees. SECTION 6. INDEMNIFICATION. 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 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 7. If any section, subsection, sentence, clause, phrase or portion of this ordinance for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. SECTION 8. CITY COUNCIL ACTIONS: The City Council hereby takes the following actions: Ordinance No. NS-2980 Page 8 of 23 1. The City Council hereby adopts an Ordinance approving Amendment Application No. 2018-10 as follows: A. Subject to compliance with the Mitigation Monitoring and Reporting Program, the property at 2525 North Main Street shall be amended to Specific Development No. 93 and Specific Development No. 93 plan shall be adopted as set forth in Exhibit A and Exhibit B, attached hereto and incorporated herein by reference. B. The Amendment Application shall not take effect unless and until Environmental Impact Report No. 2018-01 and General Plan Amendment No. 2018-06, are each certified and approved by the City Council, and the associated Development Agreement No. 2018-01 is approved by the City Council and executed by all parties thereto. SECTION 9. EXECUTION OF ORDINANCE. The Mayor shall sign this Ordinance and the Clerk of the Council shall attest and certify to the adoption thereof. ADOPTED this 215i day of January, 2020. APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: �4 C -�,� Lisa Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Iglesias, Penaloza, Sarmiento, Solorio (4) Bacerra, Pulido, Villegas (3) None (0) None (0) Ordinance No. NS-2980 Page 9 of 23 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-2980 to be the original ordinance adopted by the City Council of the City of Santa Ana on January 21, 2020 and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: /-0?3'a0x( Daisy Gome Clerk of the Council City of Santa Ana Ordinance No. NS-2980 Page 10 of 23 FYMIRIT A lCMpRY LN Pr Y E I . Aln Pr E Rr - RI P 3 �� al Rr "' v 1 RI RI Rl d RrR 1 € RI al r _IYL T M nl Rr r.vr. -I-N] � Ce C.Nb 01 Cf Cr 1TTH ST ;a$ 4 air 3: ZONING DISTRICTS o 9!d Al C—:16iA-AC-Ri.NLti, A C54.1 9SU r18RN5TRff'SCMI.ERS'{5L 1�T. R_ ^AC-FAM1IY RSUBICE -5 mk2w. 1Y3F419 CI COMIWRA'CAA1i!6[NL Ta^.. iO481Y1A@Ii CB.'Ei M MIRTPLE�t YR£uCE 1� -9Z 'T.H AY ZC SiL♦P Ct{9.L,ryRYGpLRH{Cyd-MJ3 Mb6T. ul IL� pd SUBLR NA A31EEVi -V3l�i✓FSE✓ G_ B7ERAECORREA m IEA4Y NLW^iFtPl pE REaIo-JlT MTATE -R� }'u3C=\HrT. Cs PLANI$5YG<fNG CEM'N {. cp6V Am 89 BPELFL�!.B.T -H0. -£i4iTC6T T1 CE AiLIBiIYCCY9.£P.LWL P i 3:6`1CkY SP 3PE.FGP[.Ul SR SWN.8iCi1L R.iv6FTTll RI 6N�=kwv� SECTIONAL DISTRICT MAP: 6-5-9 ♦ P CrTY of SANTA ANA- CAUFD M Ordinance No. NS-2980 Page 11 of 23 EXHIBIT B SPECIFIC DEVELOPMENT NO. 93 2525 North Main Street Development Project SECTION I—APPLICABILITV OF ORDINANCE The Specific Development Zoning District No. 93 (SD-93) for the 2525 North Main Street development project is authorized by Chapter 41, Division 26 Section 41-593 et seq. of the Santa Ana Municipal Code. SD-93 contains specific standards and regulations for the purpose of establishing land use regulations and development and operational standards for the project site. All other applicable chapters, artieles, and sections of the Santa Ana Municipal Code are in effect unless expressly superseded by regulations contained in this ordinance. The boundaries of the 2525 North Main Street development project shall be defined pursuant to Attachment I (attached hereto and incorporated a though fully set forth herein). The 2525 North Main Street Development District shall have two zones, Lone 1 and Zone 2, as depicted in Attachment 1. SECTION 2 — PURPOSE The Specific Development Plan No_ 93 for the 2525 North Main Street project consists of standards and regulations established for the purpose of protecting the health, safety, and general welfare of the people of the City of Santa Ana by prortioung and enhancing the value of property and encouraging the orderly development of the property. Objectives The objectives of the 2525 North Main Street project specific development plan include provisions of the following: 1. Promote theCity'simageasproviding high-qualityresideritalprojects for individuals and families of all income groups. 2. Create a clean and safe environment for the City's residents, workers, and visitors. 3. Contribute to the North Main Street corridor by providing a high density residential development that supports nearby cultural, office and commercial uses. 4. Provide regulations that allow development, in response to market coarditions while achieving overall City and community goals. 5. Provide parking opportunities fornearbymuseumuses and+orcommercial uses. 1of] 2 Ordinance No. NS-2980 Page 12 of 23 SECTION 3 — Uses Permitted in 'Gone I The following uses are permitted in the SD-93 district: (a) A maximum of 256 multiple -family dwelling units not exceeding a density of 58 dwelling units/acre, (1) The unit mix shall be comprised of: a. 700/6 studio and once-bodroom units b. 30%two-bedroom and thrct-bodroom units (2) Unit square: footage ranging from a. 556 to 592 square foot studios b. 633 to 930 square foot one -bedrooms c. 909to 1,179 square fort two-bedmoms d. 1,362 square foot three -bedrooms (b) Home occupations, pursuant to section 41-192.1 of the Santa Ana Municipal Code- (c) Accessory recreational rooms, dog wash, club room, fitness room, welinesscenter, bike moms, pooh and spas for residential use. SECTION 4 — Uses suhje¢t to a conditional use permit in Zone I (a) Childcare facilities canng for more than eight (8), but no more than fourwen (14) children - SECTION 5 — Uses permitted in Zone 2 (a) Surface parking lot with 180 spaces (approximate 1.4 acre lot) to be used by a commercial, museum, or professional offices uses. (b) Parking may be shared with the residential development through a shared parking agreement. (c) All other use andobr structures are prohibited. SECTION 6— Maximum permitted floor area ratio (FAR) The maximum authorized building intensity for the 2525 North Main Streit project is a floor area ratio (FAR) of 1.43, including residLutial areas, Community -serving areas (e.g., leasing office, gym and club room) and interior corridors. SECTION 7 — Minimum lot size in Specific Development N o. 93 The minimum lot size is 1.4 acres- 2 of 12 Ordinance No. NS-2980 Page 13 of 23 SECTION 8 - Minimum stmet frontage in Specific Development No. 93 Lots shall have a minimum street frontage of at least 250 feet SECTION 9 - Building height in Specific Development No. 93 (a) No residential structure shall exceed 50 feet ( four stories) in height, as measured from the lowest adjacent grade of the structure to the top of the structure. (b) The six level parking structure (five levels with one level subterranean) and amenity deck shall not exceed 61 feet as measured from the lowest adjacent grade to the top of flue structure. (c) The stair tower and elevator tower shall not exceed 74 feet as measured from the lowest adjacent grade to the top of structure. (d) Along the east property line the building shall tier from two, three, and four stories as shown on the approved site plan. SECTION 10 - Setback standards in Specific Development No. 93 (a) North setback. A minimum building setback of ten (10) feet shall be provided between the property line and buildings along Santiago Park. (b) South setback. A minimum building setback of onehundred thirty-four (134) feet shall e pro—r a rom Edgewood Road. (c) West setback A minimum building setback of twelve (12) feet shall be provided between the properly line and buildings along Main Street. (d) Past setback A minimum building setback of ninety (90) feet shall be provided between the east property line and buildings. SECTION I I -Off-street Parking standard in Specific Development No. 93 (a) The minimum off-street parking requirements for the project are as follows: (1) 2.0 spaces per unit shall be provided (407 spaces within the parking structure and 104 space surface level parking lot). (2) Parking stalls shall not be less than eight (8) feet six (6) inches wide and eighteen (18) feet long. Double -striping is required, with the width of stalls measured from lines midway between each pair of stripes. Structural, mechanical, utility or similar appurtenances are only permitted adjacent to required stall areas if the required width ofthestall is increased at least six (6) inches and if the appurtenance is not located 3of12 Ordinance No. NS-2980 Page 14 of 23 ro as to interfere with safe and free: parking movement, car door opening, or of visibility. (3) Aisles to and from parking stalls shall not be less than: Twenty-three: (23) feet wide for 90-degree parking. (4) Drive aisles shall not dead-eM; a turn -around method be provided to allow cars to exit if all stalls are occupied (5) The interior of the parking structure without natural lighting shall be painted white or shall be equipped with lighting devices which will provide a minimum maintained two (2) footeandle of light on the parking surface during hours of darkness. Subterranean parking areas shall maintain lighting twenty-four (24) hours a day. Lighting devices shall be protected by vandal resistant covers. (6) A minimum of ten (10) bicycle spaces shall be provided onsite. 'rhe design and materials shall comply with the approved materials board submitted for the project during building plan check. (7) Prior to submittal into building plan check, a parking management plan shall be submitted to the Planning Division for review, identifying parking per unit, and guest parking The plan is subject to approval of the Executive Director of the Planning and Building Agency. Onsite parking shall be provider) for residents and visitors of the Project and the parking demand of the Project site shall be actively monitored. Property owner "Owner" shall continually monitor and take appropriate measures to manage the parking demand of the Project site to mitigate the use of offsite parking spaces on private or public properties andfor right-of-way. SECTION 12- Vehicular Access in Specific Developnsent Nu. 93 the dLvelopment shall prepare: all neeessary plans per City Standards and to the satisfaction of the City Engineer to: (a) Provide public access via Walkie Way/Park Santiago Drive and %lain Street The Santiago Park Entrance design and construction shall be subject to the review and approval of the City s Planning & Building, Public Works, and Parks, Recreation and Community Services Agency Direr -tors, including residential units to front onto Santiago Park, Main Street, and the Santiago Park Drive entrance- (b) Reconstruct the existing intersection of Main Street and W'alkie W"aydPark Santiago Drive to accommodate the southerly relocation the east leg of the intersection, including, but not limited to: i. Removal of all portions of the existing east leg of the intersection. ii. Construction of PCC curb, gutter and sidewalk along the cast side of Main Street iii. Reconstruct pavement within the intersection. 4of12 Ordinance No. NS-2980 Page 15 of 23 iv. Modification of the Traffic Signal for the Walkie Way/Park Santiago Drive intersection for the intended signal operation shall include new signals poles, traffic cabinet, install conduits and wiring, traffic signal, interconnect, provide Accessible Pedestrian Signals pedestrian push buttons, vehicle/bike video detection, signing and striping as needed to accommodate the proposed entrance to the development and Santiago Park. (c) Remove and reconstruct the raised -curb median in Main Street between Walkic Way and Edgewood Road to provide increased left turn pocket lengths per Attachment 2, including, but not limited to: i. Reconstruct asphalt pavement in Main Street to maintain standard cross slopes, positive drainage and smooth vertical transitians. iL Provide landscaping and irrigation in the median iii. Modify theexisting ehannelization striping extending through intersections. (d) Coordinate with Caltranstoenter into aCooperative Agreement with City ofSanta Aria to implement traffic signal synchronization timing along Main Street between the 1-5 ramps and the modified traffic signal at Main Street and Walkie Way -Santiago Park to enhance traffic flow and reducecortgesfions between city streets and the State Highway System. The scope of work shall include but not limited to preparation of cooperative agreement, any required improvements, preparation and implementation of timing plans, and required permits. (c) The Emergency Vehicular Access Lane (Fire Lane) with access to Edgewood Road shall he gated per orange County Fire Authority and City Public Works Agency requirements and standards. The emergency lane shall not be used for trash staging, trash loading and/or move-insrouts. No other vehicular access or curb approach openings will be approved on Edgewood Road for the project. SECTION 13 — Omen Space standard in Specific Development No. 93 (a) Pedestrian W alkways and open Space. The project will provide a minimum of 15% of the total lot size shall be open space in the farm of common, landscaped open space areas, pools, spas, deck, courtyard and lobby, interior community room, dining mom, *,in, business room, etc. (b) Courtyards. (1) East courtyards shall be a nunmum of 34 feet wide by 100 feet in depth and shall not contain any pools, spas or recreational rooms. (2) West courtyard shall be a minimum of 48 feet wide by 58 feet in depth. (c) Private Upen Space. Each residential unit shall have a patio or balcony a minimum of TOsquare feet in size. 5of12 Ordinance No. NS-2980 Page 16 of 23 SECrfON 14 — Watts/Fences standard in Specific Development No. 93 (a) Gast property line. Prior to issuance of the first building permit, a solid block wall with a minimum height of eight (8) feet shall be constructed along the east property line. The block wall shall be designed to contain a decorative cap, regularly -spaced decorative pilasters, and a decorative finish in accordance to the design provisions contained within the most recent version of the City's design guidelines. (b) North p1oMtv line. Prior to the issuance of the first building permit, a new wrought iron fence shall be constructed. Ilse fence shall also incorporate decorative pilasters located a maximum of 50 feet on center. Any walls and/or fences are limited to eight (8) feet in height. (c) South and West property line walls are prohibited. Within the front and street side setbacks, walls andlor fences shall be limited to four (4) feet in height. SECTION IS — Landscape standard in Specific Development N o. 93, (a) A Landscape Plan prepared by a licensed landscape architect shall be submitted to the Planning Division for review and approval prior to the issuance of budding permits. The Irrigation Plan shall include an irrigation system layout with the location of controllers and points of connection with data on valve sizes and gallons per minute (G.PAL), the size and location of sleeves and all spray heads, including the location of conventional systems and drip systems; an irrigation legend with complete specifications; irrigation notes and construction details- of all assemblies and components; a recommended irrigation schedule, preferably on an annual basis; and a summary block on the initial page of submitted plans that will present the above information clearly and accurately. Ilic landscape plan shall include a Plant Legend containing: plant symbol, scientific name of plant material, common none of plant material, plant container size, and plant spacing. Very low, low and modium water usage plant materials are encouraged. The landscape plan shall provide across section of the eastern planter showing tyre planter at time of planting, after five (5) years and at full maturity. The cross section shall de-rrmxnstrate the landscaping will adeluately screen the project from the adjacent residential uses along the eastern portion of die Property. A minimum size of 36-inch box trees shall be planted along sheet setbacks, open span: areas and shared parking areas. (b) Per the arbonst report dated May 4, 2018: (1) Retain and protect in place the existing eleven (11) healthy Ficus da najamnina trees adjacent to the cut property line. (2) Remove the existing eight (8) unhealthy trees (Lirrtnidarribar s(p-ac#7ua) in the eastern planter and plant eight (8) minimum size of 60-irnch box trees in their place. 6 of 12 Ordinance No. NS-2980 Page 17 of 23 (3) Plant new vertical and canopy specimen trees with a minimum size of 48- inch box, 20-feet on center in the east planter within 150 feet of the front property line and within 150 feet of the rear property line. (4) The planter along the east property line shall be sized to allow for future growth and health of the trees. (5) To the extent feasible, all other healthy mature trees on the property shall be protected and preserved. if the perseveration of the existing healthy, mature trees is not feasible because of the location of the approved structures on the property, the Owner shall work with Staff to evaluate the feasibility of relocating the healthy two s) to other locations on the property. (e) Project Landscaping: Landscaping shall be compliant with the City of Santa Ana's Landscape Water Conservation Ordinance Chapter 41, Article XVI of the Santa Ana Municipal Code. All landscape areas shall have a fully automatic irrigation system (including spray or drip) as required by the City of Santa Ana Landscape Water Conservation Ordinance. (d) All meters shall be appropriately screened from public view with trellis work and vines or hedge -type shrub% or be incorporated into the residential strucnue. (e) Installation: Landscaping for the project shall be completed in phases by building and shall be installed and inspected prior to occupancyof units within that building. The Owner shall be responsible for maintaining all common area landscaping within the development. (>) Maintenance: All plant material shall be maintained per Section 41-609 of the Santa Ana Municipal Code. SECTION Ib— Residential Signage in Specific Development No. 93 (a) Signage for the project shall be consistent with Section 41-868 of the Santa Ana Municipal Code. SECTION 17—Architectural design in Specific Development No.93 (a) Exterior materials. Prior to submittal into building plan check, the Owner shall submit revised architectural elevations subject to the review and approval of the Executive Director of the Planning and Building Agency. Exterior materials and finishes for the project shall comply with the approved materials board submitted for the project including stone veneer, brick veneer, ceramic tile, metal cartopies, flat and metal seamed roofs. All trash enclosures and similar ancillary structures shall match the texture, material and color of the building- (1) The east building wall windows (at the 90 foot building setback) shall he opaque or clerestory (above eye level) windows. 7of12 Ordinance No. NS-2980 Page 18 of 23 (2) The cast wall of the parking structure shall incorporate screen materials and be designed to s;nen the views from the amenitydeck or parking structure to the neighborhood. (b) Green Buildin& Alternative Transportation and Energy Source, Resource Conservation, and LEED Certification. The project shall be onrstrwcti-d to Silver Standard or better LEED equivalent and shall at the minimum, incorporate bike lockers, bike sharing programing, electric vehicle charging stations, rain capturing systems, grey water capturing systems, and to the extent feasible, automobile sharing programing. (c) Public Art Public Art shall be installed, and maintained with a value equivalent to one- half of one percent (0.5%) of the total construction cost of the Project. Total construction cost shall mean all design, engineering and construction costs. A public art plan shall be prepared and submitted to the City no later than one hundred eight (180) days before final approval for occupancy or the issuance of a certificate of occupancy and the approved art shall be installs d prior to final approval for occupancy of the i ss ua rx e of a Ctrtificate of Occupancy for the Project. (d) Storage. A minimum of 250 cubic feet of storage, in addition to interwr bedroom closets, shall he provided with minimum dimensions of 4 feet by 8 feet per unit. (o Hardscape materials. Enhanecd paving materials shall be installed at the Main Street driveway entrance. The actual paving materials shall be approved b; the Planning Division- (f) Li_ghtank, standardsifixtures. The light fixtures are to integrate design elements of the budding and landscape architecture. Lighting is to be designed to confine tlx: direct rays of the anifncial lighting within the boundaries of the. development. Specifications of light standards+'fixturrs and photometrics plan shall be submitted to Planning Division for review and approval by the Planning Division prior to the issuance of building permits. (g) Composite Utility Plan. Composite utilities shall nut be allowed within required parking, turnaround and landscape areas or on any facade facing a public strut. (h) Mechanical Equipment. Appurtenances, and Conduits. All mechanical cyuipment, heating, ventilation, air ennditining (H VAC) units, sa tellite d °ash systems, .solar panels, thermal solar heaters, utility meters, above ground utility and fire safety connections will be, screened, located out of public view or be arehitectural integrated into the project design within designated moms, inside walls, behind parapets, or through a combination of landscape and hardscape materials- (i) Trash Enclosures. T-rash bins shall be stored in designated trash enclosures_ There shall be an onsite designated) trash staging area only to be used on service mays and the staging area and bins shall not disrupt vehicular use of the driveeway. The minimum requirerncuts needed to service the location shall be clearly indicated on the plans and 8of12 Ordinance No. NS-2980 Page 19 of 23 subject to the approval of the Public Works Agency. SECTION 18— Properly Maintenance in Specific Development No. 93 (a) Onsite Property Manager. The Project shall include 24-hour on -site Property Management services and personnel. Up-to-date 24-hour contact information for the on -site personnel shall he provided to the followingCity Agencies on an ongoing basis: (1) Police Department (2) Fire Authority (3) Planning and Building Agency (4) Community Development Agency (b) Maintenance. The property shall be maintained free of trash, debris and graffiti. Graffiti shall he removed within 24-hours after its appearance in accordance with Section 10- 227 of the Santa Ana Municipal Code. (c) CrimeFree Housing. Priorto submittal into building plan chock, a Crime Free Housing Plan shall be submitted for review. The Plan shall be approved prior to occupancy of the first unit and shall be implemented and administc ed by the Owner. (d) BuildingSecurity. All structures and parking lots shall comply with the provisions of Chapter 8, Article 11, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). (ei Emergency Evacuation flan. ,An approved Emergency Evacuation Plan (EEP) from City Police and FireProterticn agencies shall beon rite for the project. Up-to-date24- hour emergency contact information for the on -site personnel shall be provided to the City on air ongoing basis and the approved ELF shall be kept onsite and also be submitted to the following City Agencies: (1) Police Department (2) Fire Authority (3) Planning and Building Agency (4) Community Development Agency (f) On Going Pra y Maintenance. Developer land the owner of the property upon which the authorized use and/or authorized improvements are located if different from the Developer) 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: (1) Compliance with operational conditions applicable during any period(s) of construction or major repair (cog., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approvers project phasing etc.). 9of12 Ordinance No. NS-2980 Page 20 of 23 (2) 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 platy and/or restrictions on certain uses). l3) Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable. (4) Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon at all times (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 andJor 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). 15) If Developer and the owner of the property are different (e.g., if the applicant as 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. (5) 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 and obligations and responsibilities set forth under the maintenance agreement. (7) 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 ari sing out of any enforcement and/or remediation efforts which the City may undertake in order to cure anydeficiency in maintenance, repair or upkeep or to enfirrce any restrictions or conditions upon the use of the property. ']hc maintenance agreement shall further provide that any unreimbursed costs andicir 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. tS) 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. I0off2 Ordinance No. NS-2980 Page 21 of 23 ATTACHMENT 1 II of12 g Ordinance No. NS-2980 Page 22 of 23 ATTACHMENT 2 12 of 12 Ordinance No. NS-2980 Page 23 of 23