HomeMy WebLinkAboutRESO 2022-23_1814 1818 E. First Street (SPR and DBA)RESOLUTION NO. 2022-23
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING SITE PLAN
REVIEW NO. 2022-03 AS CONDITIONED AND DENSITY
BONUS AGREEMENT NO. 2022-02 AS CONDITIONED TO
ALLOW A THIRTY-FIVE UNIT SINGLE-FAMILY
ATTACHED TOWNHOME DEVELOPMENT FOR THE
PROPERTY LOCATED AT 1814 AND 1818 EAST FIRST
STREET
BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF
SANTA ANA AS FOLLOWS:
Section 1. The Planning Commission of the City of Santa Ana hereby finds,
determines and declares as follows:
A. Angela Meyer, representing Brandywine Acquisition Group, LLC (Applicant),
on behalf of David A. Colton Trust (Property Owner) is requesting approval
of a site plan review (SPR), density bonus agreement (DBA), and tentative
tract map (TTM) to allow the construction of a thirty-five unit attached
townhome development, six of which are proposed as live/work, with four
onsite moderate -income affordable units, known as Cabrillo Crossing.
B. The Metro East Mixed Use overlay district was adopted in 2007 as a result
of interest in developing mixed -use residential and commercial projects in
its project area. 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 June 27, 2022, 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.
E. Section 41-595.5 of the Santa Ana Municipal Code (SAMC) requires a
review by the Planning Commission of all plans within a zoning district
classification combined with an OZ suffix where the applicant wants to
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apply the overlay zone, to ensure the project is in conformity with the
overlay zone plan.
F. The zoning designation for the subject property is Metro East Mixed -Use
(MEMU) Overlay Zone (OZ-1) in the Active Urban land use district.
G. The Planning Commission determines that the following findings, which
must be established in order to grant this Site Plan Review pursuant to
SAMC Section 41-595.5, have been established for Site Plan Review No.
2022-03 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 a 35-unit single-family attached
townhome development, six of which are proposed as
livelwork units, and four as moderate -income affordable
units. In addition, the project has been designed to feature a
public plaza at its frontage on First Street, designed for
temporary activities or kiosks. Constructing 35 units in the
project area will add to the residential population in the area,
stimulating demand for community -serving commercial uses
such as restaurants, retail stores, dry cleaning services, and
other similar uses. Furthermore, the project has been
designed to be compatible with the scale of other residences
in the area and is consistent with Policies LU 1.1
(Compatible Uses), 1.2 (Homeownership Opportunities), 1.5
(Diverse Housing Types), 1.6 (Transit Oriented
Development), 1.8 (Development Tradeoffs), 2.5 (Benefits of
Mixed -Use), 2.10 (Smart Growth), 3.4 (Compatible
Development), 3.6 (Focused Development), 4.1
(Complementary Uses), 4.2 (Public Realm), 4.5 (VMT
Reduction), and 4.7 (Diverse Communities) of the Land Use
Element that supports new development which is compatible
in scale and character with existing development in the area.
The development of this vacant lot also supports Policy 1.3
of the Housing Element that promotes a complementary mix
of land uses that improves the character and stability of
neighborhoods.
2. That the proposed development plan is consistent with the
development standards specified in Section 4 of the MEMU overlay
district.
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Although the project complies with the majority of
development standards enumerated in the MEMU regulating
plan, it does not meet the requirements for publicly -
accessible open space. Relief from this standard requires
approval of incentives/concessions and/or waivers through
the Density Bonus Agreement application.
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 35-unit townhome
development in five separate buildings, one of which will
contain six live/work units. The entire community will also
contain four onsite moderate -income affordable units. The
site abuts commercial uses to the west and south, an
institutional use to the east, and abuts First Street to the
north. The MEMU anticipates developments of this scale or
larger in the "Active Urban" land use district, and this
development would continue the scale of existing buildings
in its immediate vicinity. Moreover, the project contains
ground -floor non-residential (commercial) spaces at the front
of the project, which will activate First Street. These spaces
have been designed to feature taller ground -floor ceiling
heights, enhancing the urban, mixed -use atmosphere
envisioned by the MEMU overlay district.
4. That the land use uses, 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.
The proposed project is consistent with the scale and
intensity of projects anticipated in the original and
subsequent MEMU EIR (EIR Nos. 2006-01 & 2018-15) and
in the MEMU overlay district regulating plan. No negative
impacts from noise, air quality, aesthetics, or traffic are
expected except for temporary impacts arising during
construction of the project. The project site is designed to
combine residential and nonresidential uses and allow for
the creation of live, work, and shopping within a short walk of
each other.
H. The Planning Commission determines that the following findings, which
must be established in order to grant this Density Bonus Agreement
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pursuant to SAMC Section 41-1607, have been established for Density
Bonus Agreement No. 2022-02 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 a 35-unit single-
family attached townhome development, four of which are
proposed as moderate -income affordable units, contributing
toward the City's ownership housing stock to serve the
needs of diverse and underserved populations. The area in
which the project is proposed, the Metro East Mixed Use
overlay district, currently contains multiple mixed -use
communities either built, under construction, or entitled. 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.
The project site is located in an area already identified in
both the City's Zoning Code (the Metro East Mixed Use
overlay district) and General Plan (the Land Use and
Housing elements) for new residential communities.
Moreover, the proposed density of 25 units per acre 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 affordable, moderate -income, family -oriented
projects.
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: publicly -accessible open space. The
one deviation described is as follows:
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The MEMU regulating plan requires that publicly -accessible
open space be provided along main street -facing fagades.
Because the project has frontage on only one street,
meeting this requirement would result in the building being
pushed back significantly from First Street and would render
almost the first 1/4 of the site's depth unusable for building
area, resulting in the developer reducing the number of units
or reducing the square footage for private or common open
space area. Moreover, in order to maintain the current
proposed unit count, the developer would be required to
construct additional levels, resulting in a different type of
construction (steel-frame/Type I versus wood/Type III),
further increasing development costs. If the publically
accessible open space standard were applied as written, the
result would be a significant loss of units and parking area.
Pushing the building back would also reduce the contribution
to creating a more urban, walkable environment. The
Applicant intends to compensate for this reduction by
providing ample private open spaces for each unit in the
form of patios, balconies, and roof decks.
Section 2. 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, referendum, and other 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 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 3. In accordance with the California Environmental Quality Act
(CEQA), the recommendation is exempt from further review pursuant to Section 15162
and 15168 (EIR No. 2018-15/State Clearinghouse Number 2006031041) of the CEQA
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Guidelines. The proposed development project has been determined to be adequately
evaluated and is within the scope of the previously certified EIR.
The project is consistent with the City's General Plan and Metro East Mixed Use
overlay district development standards, with the exception of onsite open space that is
the subject of the density bonus agreement application. Furthermore, the project has
been designed to be compatible with the scale of other residences in the area and is
consistent with Policies 2.10 and 3.5 of the Land Use Element that supports new
development which is compatible in scale and character with existing development in
the area. The development of this vacant lot also supports Policy 1.3 of the Housing
Element that promotes a complementary mix of land uses that improves the character
and stability of neighborhoods.
Further, the proposed project will take place within city limits and is on a project
site that is less than five acres in size and is surrounded by urban areas. The project
site has no value as habitat for endangered, rare, or threatened species and is not
identified in the General Plan as having such value. Approval of the project will not
result in any significant effects relating to traffic, noise, air quality, or water quality. The
City's Planning Division and Public Works Agency have reviewed the proposed project
and have determined that the amount of traffic, noise, air quality impacts, and water
quality impacts are below thresholds that would warrant further analyses.
Finally, the site will be served by all required utilities and public services as it is
located within a heavily -urbanized area on First Street adjacent to major freeways.
Based on this analysis, a Notice of Exemption for Environmental Review No. 2021-116
will be filed for this project.
Section 4. The Planning Commission of the City of Santa Ana, after conducting the
public hearing, hereby approves Site Plan Review No. 2022-03 and Density Bonus
Agreement No. 2022-02 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 Request for Planning
Commission Action dated June 27, 2022, and exhibits attached thereto; and the public
testimony, written and oral, all of which are incorporated herein by this reference.
Resolution No. 2022-23
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ADOPTED this 27t" day of June 2022, by the following vote:
AYES: Commissioners: ALDERETE, CALDERON, MCLOUGHLIN,
MORRISSEY, PHAM, RAMOS, WOO (7)
NOES: Commissioners:
ABSENT: Commissioners:
ABSTENTIONS: Commissioners:
Thomas Morrissey
Chairperson
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:
Q1-
Ryan OL o ' e
Assistai City Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Sarah Bernal, Recording Secretary, do hereby attest to and certify the attached
Resolution No. 2022-23 to be the original resolution adopted by the Planning
Commission of the City of Santa Ana on June 27, 2022.
Date: Z 21027--
Recording Secretary
City of Santa Ana
Resolution No. 2022-23
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Conditions for Approval for Site Plan Review No. 2022-03 and Density Bonus
Agreement No. 2022-02
Site Plan Review No. 2022-03 and Density Bonus Agreement No. 2022-02 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.
1. All proposed site improvements must conform to the Development Project (DP)
approval of DP No. 2021-30.
2. Any amendment to this Site Plan Review or Density Bonus Agreement,
including modifications to approved materials, finishes, architecture, site plan,
landscaping, parking, 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 or Density Bonus Agreement must be
amended.
3. Walls and Fencing.
a. The applicant shall construct a minimum six-foot (6') tall perimeter wall,
as measured from nearest adjacent finished sidewalk, surrounding the
project site. The perimeter wall shall conform to all applicable Citywide
Design Guidelines, including a split -face or painted design with regularly -
spaced pilasters and decorative cap. The applicant is responsible for
coordination with any adjacent property owners to avoid double -walls or
gaps between walls where possible.
b. Climbing vines shall be planted at regularly -spaced intervals along all
exposed walls and wrought -iron fencing to deter graffiti. All solid walls
shall be finished with anti -graffiti coating.
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,
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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.
7. After project occupancy, landscaping and hardscape materials must be
maintained as shown on the approved landscape plans.
8. 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.
9. The applicant and any subsequent association or management is responsible
for installing and routinely maintaining high efficiency Minimum Efficiency
Reporting Value (MERV) filters of MERV 13 or better as indicated by the
American Society of Heating Refrigerating and Air Conditioning Engineers
(ASHRAE) Standard 52.2, in the intake of ventilation systems. Verification of
installation shall be provided prior to project occupancy.
10. Property Maintenance Agreement. 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 that the property and
all improvements located thereupon are properly maintained, Applicant (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 or incorporate the form of this condition within the
Project's CC&R's 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
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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 Applicant 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 and 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 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 final map being recorded.
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11. Developer shall provide good faith effort and work with staff to explore the
feasibility of the following:
a. Incorporate an enhanced air quality filtration system that is greater
than Minimum Efficiency Reporting Value (MERV) filters of MERV 13.
b. Incorporate a live/work affordable unit; if not feasible, the number of
units and the size originally proposed must be preserved.
c. The project CC&Rs must restrict the ground -floor commercial area in
the live/work units to prevent use as a bedroom. (Planning
Commission Conditions 612712022)
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