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HomeMy WebLinkAbout75A - 320 WEST FOURTH REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 16, 2006 TITLE: PUBLIC HEARING - AMENDMENT APPLICATION NO. 2006-04 TO ALLOW A ZONE CHANGE FROM C3-A TO SPECIFIC DEVELOPMENT ZONE NO. 80 AND CONDITIONAL USE PERMIT NO. 2006-14 AND SITE PLAN REVIEW NO. 2006-07 TO ALLOW MIXED USE DEVELOPMENT WITH FIVE CONDOMINIUM UNITS AND GROUND FLOOR RETAIL LOCATED AT 320 WEST FOURTH STREET - URBAN+W +STRAT IES, APPLICANT CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED D As Recommended o As Amended o Ordinance on 1 st Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For CONTINUED TO ~ \S- - 0 '=' FILE NUMBER 1. Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2004-234. 2. Adopt an ordinance approving Amendment Application No. 2006-04. 3. Adopt a resolution approving Site Plan Review No. 2006-07. 4. Adopt a resolution approving Conditional Use Permit No. 2006-14 as conditioned. PLANNING COMMISSION ACTION On September 25, 2006, the Planning Commission recommended that the City Council approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2006-234; adopt an ordinance approving Amendment Application No. 2006-04; adopt a resolution approving Site Plan Review No. 2006-07; and adopt a resolution approving Conditional Use Permit No. 2006-14 as conditioned by a vote of 7:0 to allow a zone change from Central Business Artists Village (C3-A) to Specific Development Zone No. 80 and to allow mixed use development with five condominium units and ground floor retail at 320 West Fourth Street (Exhibit A) . The Planning Commission added 4 conditions to the project which include: 1. Exterior materials shall include a real stone product on the fa9ade of the first three floors of the building. 75A-1 AA No. 06-04, SPR No. 06-07 and CUP No. 06-14 October 16, 2006 Page 2 2. The exterior east wall shall be reviewed in detail for potential aesthetic improvements, and/or the potential for temporary signage in compliance with Article XI of Chapter 41 of the Santa Ana Municipal Code. Additionally, plant material should be included on the roof deck that may spillover the wall to soften the hard edges of the top floors of the building. 3. With regards to Covenants, Conditions and Restrictions (CC&R' s) , the Planning Commission added the following provisions: a. The CC&R's shall provide notice that a unique on-site parking solution (a hydraulic parking lift) has been utilized for the proj ect, and that owners shall indemnify, defend and hold harmless, the City of Santa Ana for any claims arising from the operation of the parking lifts in a form approved by the City Attorney. b. A covenant shall be recorded for indemnify and hold harmless the City the City Attorney. each in a lot that shall form approved by 4. Site Plan Review approvals shall expire at the same time as the Conditional Use Permit which expires after a period of two (2) years from the date of final approval. If the Final Subdivision Map has been vested, then the site plan review and conditional use permit will remain valid as long as the subdivision map remains valid. Additionally, the Community Development Agency will present for future Redevelopment Agency action a related matter concerning the disposition and development agreement (DDA) for this property. FISCAL IMPACT There is no fiscal impact associated with this action. ~eVino ~ Dlrector Planning & Building Agency HS:rb hs\West_End_Lofts\AA06-04 SPR06-0? CUP06-14.cc 75A-2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: SEPTEMBER 25, 2006 TITLE: PUBLIC HEARING - AMENDMENT APPLICATION NO. 2006-04 TO ALLOW A ZONE CHANGE FROM C3-A TO SPECIFIC DEVELOPMENT ZONE NO. 80 AND CONDITIONAL USE PERMIT NO. 2006-14 AND SITE PLAN REVIEW NO. 2006-07 TO ALLOW MIXED USE DEVELOPMENT WITH FIVE CONDOMINIUM UNITS AND GROUND FLOOR RETAIL LOCATED AT 320 WEST FOURTH STREET Prepared by Hally Soboleske ~/l \ Executive Director PLANNING COMMISSION SECRETARY APPROVED o As Recommended o As Amended o Set Public Hearing For DENIED o Applicant's Request o Staff Recommendation CONTINUED TO h~ H~~ Planning Manageri RECOMMENDED ACTION Recommend that the City Council: 1. Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2006-234. 2. Adopt an ordinance approving Amendment Application No. 2006-04. 3. Adopt a resolution approving Site Plan Review No. 2006-07. 4. Adopt a resolution approving Conditional Use Permit No. 2006-14 as conditioned. DISCUSSION Background and Project Description The subject property is located at 320 West Fourth Street (Exhibit 1) in the Central Business Artists Village (C3 -A) zoning district, and has a General Plan land use designation of District Center (DC), and is located within the Downtown Historic National Register District. Surrounding land uses include historic commercial buildings to the east (Semi-Tropic Hotel), west (West End Theater), and south (American Legion Hall) (Exhibits 2 and 3), as well as the Ronald Reagan Federal Building to the north. An alley runs directly behind the property in an east/west configuration. The proposed project consists of the construction of a new 16,000 square foot mixed-use building with 1,189 square feet of retail on the first floor, 3,544 of basement that includes parking and storage, as well as five residential units occupying the remaining upper floors, EXHIBIT B 75A-3 AA No. 06-04, SPR No. 06-07 and CUP No. 06-14 September 25, 2006 Page 2 on a 4,000 square foot lot. Parking will be provided in a garage using a mechanical parking lift. The application includes a request for a zone change to create a Specific Development zone with development standards for the proposed project. Analysis of the Issues This project, though small in size, presents a number of complex issues due to its location on a small infill lot within a National Register Historic District with limited site access in an area that is completely built out. The following analysis highlights the policy issues that were considered during the review of this project. The project was also the subject of several study sessions, most recently with the Historic Resources Commission on September 7, 2006 and subsequently with the Planning Commission on September 11, 2006. The questions raised at these meetings have been addressed through the final design and recommendation of approval for the project. Land Use The property is currently zoned C3 -A. This zoning designation allows commercial uses by right and live/work communities subject to the approval of a conditional use permit. The proposed mixed-use project includes a commercial component on the ground floor and residential units above (Exhibit 4). The residential units, while they may be used in a live/work manner, are not designed to the standards for live/work communities contained within the C3-A zone. In addition, the property is within the boundaries of the Santa Ana Renaissance Specific Plan study area and, as such, it is anticipated that its zoning will change with the ultimate adoption of the Specific Plan. That being the case, staff believes that the best way to provide a regulatory framework for this proj ect in the interim is to create a Specific Development zone that would address the unique circumstances of the proposed proj ect rather than amending the larger C3-A zone (Exhibit 5). Parking and Site Access Parking will be provided at a comparable amount to that of existing multi-family residential code requirements of one space per bedroom. Since the proposed units have open floor plans, it is proposed to impose the following parking requirements: 75A-4 AA No. 06-04, SPR No. 06-07 and CUP No. 06-14 September 25, 2006 Page 3 · One parking space for each unit with a size of 1,600 gross square feet or less of residential area per unit. · Two parking spaces for each unit with a size of 1,601 gross square feet up to 3,200 gross square feet of residential area per unit. · Three parking spaces for each unit with a size of 3,201 and larger gross square feet of residential area per unit. This creates project. The building, as street parking a total requirement of eight parking spaces for the parking for the commercial (ground floor) component of the well as any guest parking, would be served by existing and public parking structures. The applicant proposes to supply these eight parking spaces via a stacking parking lift accessed from the rear alley. It has been determined through a study by Kaku and Associates that alley access is a viable solution for this infill proj ect. The parking lift will have assigned spaces per residential unit, and Covenants, Conditions, and Restrictions (CC&Rs) will be in place to educate prospective owners as to any property constraints. Architecture and Historic Compatibility The proposed building will be designed in a modern architectural style with design details and use of building materials to tie it into the existing fabric of the Historic District, while at the same time providing a strong counterpoint to the historic architecture surrounding it (Exhibit 6). The building will feature a shopfront glass fayade at the ground level accented with metal canopies over the retail/gallery entry doors. The front fayade of the building for the upper residential floors include large roll-up windows clear non-reflective glass. Stone veneer will clad the fayade on the bottom three floors in order to tie in to create a feel of permanence and natural materials found in the historic fabric of the block. Through a study performed by an architectural historian, Kaplan Chen Kaplan, and review by the Historic Resources Commission, it has been determined that the juxtaposition of contemporary style architecture and eclectic historic commercial architecture meets the Secretary of the 75A-5 AA No. 06-04, SPR No. 06-07 and CUP No. 06-14 September 25, 2006 Page 4 Interior's Standards as it relates to infill development. Additionally, the Downtown National Register District includes buildings in a variety of heights ranging from single story to six stories. Based on this information and analysis, staff believes that the proposed structure is compatible with the massing and scale of other buildings in the district. Historic Ghost Billboard The project site is located on a lot that has been vacant since 1978. The site has been occupied by a variety of one and two-story buildings over time, with a fire and subsequent demolition, of a commercial building in 1978. The site was cleared and the existing basement was excavated. During the demolition, a ~ghost billboard" was uncovered on the adj acent Semi Tropic Hotel building directly to the east (Exhibit 7). This sign is a remnant of billboard advertising painted directly on the building's party wall. While not individually listed on the Santa Ana Register of Historical Properties, it has been determined through a study by a qualified architectural historian that the ghost sign is eligible for listing in the California State Historical Register, thereby rendering it worthy of preservation. Addi tionally, the Historic Resources Commission had the opportunity to review and comment regarding this project at its September 7, 2006 meeting. The applicant proposes to highlight this ghost sign by creating a courtyard next to the adjacent Semi-Tropic Hotel building. This will be accomplished through a 30-foot setback of the proposed building for a width of approximately 15 feet. This courtyard will be gated, and will highlight the public view of the historic ghost sign through landscaping, a water feature, and an interpretive sign with photos of the sign in its entirety. Additionally, the sign will be fully documented through the completion of a Historic American Building Survey (HABS) . This survey includes large format pictorial documentation, as well as historical documentation and drawings. Summary and Conclusion Based upon the analysis detailed above, it is recommended that the Planning Commission recommend that City Council approve Amendment Application No. 2006-04, approve and adopt the Mitigated Negative Declaration for Environmental Review No. 2006-234, Site Plan Review No. 2006-07 and Conditional Use Permit No. 2006-14 (Exhibits 8 and 9) . 75A-6 AA No. 06-04, SPR No. 06-07 and CUP No. 06-14 September 25, 2006 Page 5 CEQA Compliance In accordance with the California Environmental Quality Act, a Mitigated Negative Declaration Environmental Review No. 2006-234 has been prepared for this project (Exhibit 10). HS:jrn hs\West_End_Lofts\AA06-04 SPR06-07 CUP06-14.pc fJI!!{euJ~ Associate Planner 75A-7 l:J l:J rtjl:i~ W ~~- SP "-Mj'(Jffioffi :~; R2 ~ "so 20 'J,.~~ ,,: R:o~' ~ I, G D~ ~ ' , U- ~G- []] ~"Q;:!. .... ~ se~!~ ~~?>~~~ ~ P GC : GC GC ~ 'C'V'CCENTE~O ",'l. 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COMMERCIAL-MUSEUM DISTRICT GENERAL COMMERCIAL CENTRAL BUSINESS CENTRAL BUSINESS-ARTIST VILLAGE PLANNED SHOPPING CENTER ARTERIAL COMMERCIAL CR GC Ml M2 MO o P PCD PRD COMMERCIAL RESIDENTIAL GOVERNMENT CENTER LIGHT INDUSTRIAL HEAVY INDUSTRIAL MILITARY OPERATIONS OPEN SPACE PROFESSIONAL PLANNED COMMUNITY DEVELOPMENT PLANNED RESIDENTIAL DEVELOPMENT Rl R2 R3 R4 RE SD SP SINGLE-FAMILY RESIDENCE TWO-FAMILY RESIDENCE MULTIPLE-FAMILY RESIDENCE SUBURBAN APARTMENTS RESIDENTIAL ESTATE SPECIFIC DEVELOPMENT SPECIFIC PLAN (1)-,,- .--- -~ . AA-2006-4-SD/CUP-2006-14/ SPR-2006-07/ER-2004-234 WEST END LOFTS 320 WEST FOURTH STREET A ,g(' - = 500 FEET 1" = 1000 FEET P LAN N N G AND B U L D N G AGE N C Y VICINITY MAP EXHIBIT 1 75A-8 G 0 V M E N T 1- COMMERCIAL C 0 M E h C I A L G 0 V E R M E N T FOURTH STREET COM 1E CIAL ~ W w a: ~ CJ) ::I: o a: m COMMERCIAL COMMERCIAL COMMERCIAL COMMER IAL THIRD SREET OPEN SPACE COMMERCIAL MULTI-FAMILY AA-2006-4-SD/CU P-2006-14/ SPR-2006-07/ER-2004-234 WEST END LOFTS 320 WEST FOURTH STREET L ~ C <( o a: m ~ '" v n: l<J ::; ::; o v ~ '" v n: l<J ::; ::; o v ~\ ~ PLANNING BUILDING AGE N C Y AND LAND USE MAP EXHIBIT 2 75A-9 AA 06-4-S0/ CUP 06-14/ SPR 06-7/ ER 04-234 ~~l~1 0 ] , li ~!~ ~ ~;~ h ~1I~ ~Ud~ ^VMavO~8 " ~9 ~.. ~:l! ~I liSu .I'~ ~i ~J "" ~ ", "i !Il~JIj ~ ~ ~!:i ill~~ ~~UB~ i~~ ~jli~U !2~ g1'll5i1ltii!l o;!1l:' ~IUi; iil ~~~:j5J~~!i1 %J15J~Jo!iJ~!: ::liF.i d~1h~~~ li;li!i;l ;l15I1!~~:l'.. 3i i i ii1.. II~~ M",," 8~ 0-' l.O""" ,0 ....0 tl1 ON N. !1;l . 0 oz :::ii! Z. ~~ gffi ~I ~ liSu c ~ .... 0- ~ . . 0 l 0 N . ci z 11 a.. " 0 i! " z t;; liS 8 l!! ~ '" .. ~~ ~~ ~:!: 'I;; 0, Ii "h h~ - ~ g II! ~ ~ ~ ~ ill + ~ ~ ~ Q ~~ ~ ~ {~ ~ g~ ~ j ~ ~ ~ GI:~ ~~~i~; ~ ~ .ao ~ ~"! il J ~ ~~~ I ~~ i s~ ~ '" !:l, ti a ~. % ~!~~i~ I~~~~ ;~~ ~ ~li~~1 ~~~I~~~~~ ~ ISl.illa~~~~il~~ji~! b~~~ ~~::lg~~~~~i~~i~ ~~I~ ~~~~r~~i8~~~~~ CI') I- Ihfil LL.V) , 'tr w f) ~ , o ~! "'1 ~ : tifll' w I- ......< HI t ~ "'If I- dIU V) 0+ l- V) 2 Zw ~a ~ ~~ w+ ~- z I1g < ' t;;~ CO !liB! I-~ ;} ~ :::> CI') W ~ b ~ ~ II W . --' ~ . V) AA 06-4-SD/CUP 06-14/ SPR 06-7/ ER 04-234 "~!"Fi' Specific Development Plan No. 80 Section 1. Applicabilitv of Ordinance The specific development zoning district for a mixed-use (commercial land use with a residential component) project as authorized by Chapter 41, Division 26, Section 41-593 et seq. of the Santa Ana Municipal Code (SAMC), is specifically subject to the standards and regulations contained in this plan for the express purpose of establishing land use regulations and standards. All other applicable chapters, articles, and sections of the SAMC and any other regulations adopted by the City Council shall apply unless expressly stated or superseded by this ordinance. All terms contained herein shall be defined by the SAMC, unless specifically defined herein. Section 2. Purpose Specific Development Plan No. 80 (SD-80), consisting of standards and regulations, is hereby established for the express purpose of protecting the health, safety, and general welfare of the people of the City by promoting and enhancing the value of properties and encouraging orderly development. SD-80 sets the development and design criteria for a development consisting of approximately four thousand (4,000) square feet, within the Downtown Historic National Register District. The purpose of this specific development is to allow for flexibility in site planning and design to respond to market conditions while assuring high quality development in this architecturally significant location. SD-80 specifically establishes for the property the following: . Permitted uses. · Development and operational standards, including building height limits, require setbacks, parking, landscaping provisions, and enforcement policies, as well as a provision for the protection of historic resources. . Maximum authorized intensity. . Signage provisions. . Refuse collection. . Utility requirements. Section 3. Obiectives The objectives of SD-80 include provisions of the following: · A long-term development that is of the highest architectural quality and design, and that architecturally complements the Downtown National Register District. · A landscaping plan that is complementary to a mixed-use development and sensitive to the surrounding community. · A visually harmonious development as viewed both internally and externally. EXHIBIT 5 75A-12 Specific Development Plan No. 80 September 2006 Page 1 of 7 · A development that is consistent with the District Center designation of the General Plan and which implements the spirit and intent of policies of the General Plan. · A circulation system that is responsive to the needs of both vehicular and pedestrian travel. · The provision of a mixture of high quality housing and ground level commercial uses along Fourth Street so as to enhance the viability and vibrancy, and pedestrian-friendly qualities of the Downtown. · A mixed-use project complementing an adjacent historic resource "ghost sign" located on the structure immediately east of this site, as well as other culturally and architecturally significant structures in the area. · A mixed-use project blending with adjacent office and retail/service land uses. Section 4. Permitted Uses The categories of land uses to be included within the project area are retail and services uses, art galleries and studios, offices and a live work community. If a use is for any reason omitted from those specified as permissible or if ambiguity arises concerning the classification of a particular use within the meaning and intent of this Plan, the determination shall be at the discretion of the Planning Manager. Such decision may be appealed to the Panning Commission whose decision is final. A. Permitted uses on the first floor. The following land uses are permitted on the first floor: 1 . Retail and service uses 2. The following creative art uses: a. Fine art galleries which may include a studio as an ancillary use. b. Fiber art galleries which may include a studio as an ancillary use. c. Photography studios. B. Conditionally Permitted Uses on the first floor only. The following uses may be permitted in the first floor subject to the issuance of a conditional use permit: 1. Printing, lithography, and calligraphy studios. 2. Glass blowing and sculpturing studios. 3. Ceramic and pottery studios. 4. Cyber cafes and subject to compliance with the requirements of SAMC Section 41-198.200. C. Permitted Uses on floors above the first floor: 1. Professional and administrative offices, design professionals, but excluding medical, dental, and massage therapy offices. 2. Fine art studio. 75A-13 Specific Development Plan No. 80 September 2006 Page 2 of 7 3. Fiber art studio. 4. Photography studio. D. Conditionally Permitted Uses on floors above the first floor: 1. Multiple-family dwelling. 2. Live-work community. 3. Printing, lithography, and calligraphy studios. 4. Glass blowing and sculpturing studios. 5. Ceramic and pottery studios. E. All other uses not expressly permitted or conditionally permitted in this ordinance are prohibited. Section 5. Maximum Permitted Buildina Densityllntensity for dwellina units live/work community units or commercial tenant spaces This development has specific constraints due to the limited site capacity and availability of parking, and therefore, there is a maximum of five (5) dwelling units, live/work community units or commercial tenant spaces within the floors above the first floor. Section 6. Development Standards A. Building height and basement. 1. Structures are subject to a height limitation of sixty-eight (68) feet above ground level, which is defined as the vertical distance measured from the curb level to the highest point of the roof surface. This excludes elevator override area, appurtenances, and rooftop railings. 2. The building shall incorporate a full basement, which shall be used solely for vehicular parking and storage. B. Setbacks. 1. Front setback (Fourth Street). Maximum setback is zero; however, any appurtenance such as awnings, canopy, flagpoles, signage must obtain an easement and/or encroachment permit in order to be located so as to project into or over the right-of-way. A step-back of not less than one (1) foot from the front property line shall be implemented for the floors over three (3) stories, excluding basement. 2. Side (west). Maximum setback is zero. 3. Side (east). 75A-14 Specific Development Plan No. 80 September 2006 Page 3 of 7 The historic "ghost sign" located on the adjacent building directly to the east of the subject site must be preserved and the north end of the "ghost sign" shall not blocked from public view. Therefore, the eastern side setback shall be a minimum of fifteen (15) feet for a length of thirty-seven (37) feet from the front property line so as to leave a clear view of the resources. Once at this thirty-seven (37) feet distance, no setback is required. 4. Rear (south). No setback required although, if parking is located off the alley, a minimum twenty-three feet, six inches (23'6") setback from the alley centerline shall be maintained to allow for driveway turning radius. C. Standards for dwelling units, live work community units, or commercial tenant spaces above first floor 1. A maximum of five (5) dwelling units, live work community units, or commercial tenant spaces for this project. 2. Each dwelling unit, live work community unit, or commercial tenant space shall be at least one-thousand (1,000) gross square feet in size. 3. Each dwelling unit, live work community unit, or commercial tenant space shall have bathroom facilities apart from other residential units, including a water closet, wash basin, and a bathtub or shower. 4. Each dwelling unit, live work community unit, or commercial tenant space shall have kitchen facilities apart from other units, including a kitchen sink, cooking appliances, and refrigerator. All such facilities shall have a clear working space of at least thirty (30) inches in front of and perpendicular to it. 5. Each dwelling unit, live work community unit, or commercial tenant space first floor shall have its own storage area in the in the basement of the building. D. Standards for commercial tenant space at first floor. 1 . Each commercial tenant space shall space shall be at least one-thousand, one-hundred (1,100) gross square feet. 2. Each commercial tenant space shall be provided a minimum of seven hundred-eighty (780) square feet of storage space which shall be made available within the basement of the building. E. Parking. 1 . Parking provided on-site shall be provided by interior garage and parking lift. 2. Units above ground/street level shall be provided at a minimum of standards defined as: a. One (1) parking space for each unit with a size of one-thousand, six- hundred (1,600) gross square feet or less. . 75A-15 Specific Development Plan No. 80 September 2006 Page 4 of 7 b. Two (2) parking spaces for each unit with a size of one-thousand, six- hundred and one (1,601) gross square feet up to three-thousand, two- hundred (3,200) gross square feet. . c. Three (3) parking spaces for each unit with a size of three-thousand, two-hundred and one (3,201) and larger gross square feet. . 3. No additional parking shall be required on site. 4. No guest parking shall be permitted within the parking lifts. F. Walls and Screening. 1. Except as provided in Section 6(G)(1 )(c) below, any wall or fence shall be constructed in compliance with the SAMC and is subject to approval of the Planning Division. 2. Any equipment, whether on the roof, side of the building, or in the courtyard area, or on the ground, shall be screened. The method of screening shall be architecturally integrated with the building in terms of material, color, shape, and size. G. Landscape/Hardscape Standards. The final design satisfying the following requirements shall be subject to the review and approval of the Planning Manager: 1. A minimum of a five-hundred fifty-five (555) square foot courtyard shall be maintained at the front of the property so as not to obscure the historic "ghost sign" on the structure immediately east of the proposed building. a. This courtyard shall maintain a water feature, hardscape and landscape features to complement and highlight the historic "ghost sign". b. The courtyard area shall incorporate uplighting to highlight the historic "ghost sign" to enhance the visibility, attractiveness, and preservation of this cultural feature. This uplighting feature shall be on a timer so as to minimize the amount of exterior lighting from 10:00 p.m. to 7:00 a.m. c. The courtyard area shall incorporate seating, seat walls, water feature, lighting, artwork (such as sculpture or sculpturally designed fence and gate) and landscaping to provide visual interest and additional amenities within the area. All seating, benches, and surfaces shall be made of a durable material such as concrete, stone, or painted iron, and be designed to minimize effects from vandalism, weather, and incorporate graffiti resistant coatings. d. Landscaped areas within the courtyard area shall be irrigated using an automatic sprinkler system. The project shall have an approved Landscape Plan prior to construction permits being issued, and shall be fully implemented prior to issuance of Certificate of Occupancy. 2. First floor pedestrian amenities shall include lighting, and planters. These amenities shall be designed to minimize effects from vandalism, weather, and incorporate graffiti resistant coatings. Additional pedestrian amenities are 75A-16 Specific Development Plan No. 80 September 2006 Page 5 of 7 encouraged for the site. 3. Roof deck amenities shall be provided for the use of each dwelling unit, live/work community unit, or commercial tenant space. These amenities shall include seating, seat walls, and landscape planters. Any permanent landscape feature must be irrigated using an automatic sprinkler system. The rooftop amenities shall be maintained and shall be designed to minimize effects from vandalism, weather, and incorporate graffiti resistant coatings. H. Architectural Design Features. The final design satisfying the following requirements shall be subject to review and approval of the Planning Manager: 1 . Exterior Materials: Exterior materials and finishes will comply with site plan review approvals granted through the Planning Commission or City Council. Exterior materials on the first three floors shall include real stone on the fac;ade. Exterior enclosures and similar ancillary structures are to match the proposed structure in terms of texture, materials, and color palette. 2. Design Features: Any minor alterations and/or additions shall be in keeping with the original approved design of the structure in terms of scale, rooflines, materials, and color palette. Additionally, a written report shall be prepared by a qualified architectural historian and submitted to and approved by the Planning Manager demonstrating how the overall architectural design is compatible with the Downtown National Register District. 3. Lighting Standards/Fixtures: A minimum of one (1) foot candle of light shall be provided throughout the parking area and the parking apron. Specifications of light standards/fixtures and photometrics shall be submitted to the Planning Division and Police Department for approval prior to issuance of construction permits. 4. Except as provided in Section 4(G)(1 )(b) above, there shall be no glare or spillover lighting into adjacent properties. All exterior glass materials on the exterior of the building shall be non-reflective. 5. The ceiling of the parking facilities shall be painted white, and be maintained to improve illumination and enhance safety within this area. The Planning Manager may approve minor modifications to the standards specified in this SD-80, provided that such changes are consistent with the purpose, scope, and intent of this document. The Planning Manager has the sole and absolute discretion to determine what constitutes a "minor modification". Section 7. Sianaae A. All signage shall comply with the Santa Ana Municipal Code. A comprehensive sign program for the entire site, including, but not limited to, freestanding, wall, directional, addressing, permanent signs and graphics, shall be submitted and approved by the Planning Manager prior the issuance of any sign permit. 75A-17 Specific Development Plan No. 80 September 2006 Page 6 of 7 B. The elevation directly facing Fourth Street shall be considered the primary elevation for signage purposes. Section 8. Refuse Collection Area Areas to handle the refuse for the development site shall be integrated into the building. At minimum, the project shall provide two (2) refuse collection areas measuring a minimum of eleven feet by seven feet (11' x 7') each. One collection area is to be used for refuse, and the other shall be for recycle materials. Such collection areas shall be enclosed and viewable by refuse collectors, with exterior materials such as concrete block with metal doors. Additionally, each collection area shall provide "chutes" to allow refuse from upper floors to collect within these areas to the extent required by AB239 or City of Santa Ana Ordinance and that determined by the Planning Division. Section 9. Telephone. Electrical. Water. Gas. and Cable A. All on-site utilities shall be placed underground. B. Transformers of terminal equipment shall be visually screened from view from streets, and adjacent properties. C. There shall not be exposed downspouts, scupper drains, electrical or mechanical lines on the exterior of the building. All mechanical equipment shall be screened from view in an architecturally integrated manner, and shall not be visible from a distance of three-hundred feet (300') from ground level at a pedestrian height. D. Each unit shall be provided its own gas, electric, and water meters. 75A-18 Specific Development Plan No. 80 September 2006 Page 7 of 7 . "'~~ ,," , ..~....... .. ,"~, .., . ~.. :~'I . ..~ tfJ~~ ;-;:~:. i I' i'" ~ ('; [- : r; f:: : ,':";!tE. ., t'" , . \;: . \.~ ,;' , . t I~ ..~~ a. AA 06-4-S0/ CUP 06-14/ SPR 06-7/ ER 04-234 EXHIBIT 6 75A-19 i3 + .'" g '" w Z < Z < < I- Z < CI) '" .. lI-l CI)- I-~ U-f- O~ ...J:;; + Of- Z~ W~ + I-z CI)< Wee ~ ; AA 06-4-S0/ CUP 06-14/ SPR 06-7/ ER 04-234 EXHIBIT 7 75A-20 Conditional Use Permit No. 2006-14 September 25, 2006 Page 1 of 2 Findings of Fact A. Will the proposed contribute to the community? use provide a general well service or being of facility which will the neighborhood or The proposed new building will contribute to the general well being of the area by providing new pedestrian friendly commercial space along the predominantly commercial Fourth Street corridor on a lot that has been vacant for a long period of time. Further, the proposed residential land use in the upper floors of the proposed building will only enhance the vibrancy of the Downtown by bringing additional consumers and entrepreneurs directly to the area. B. will the proposed use under the circumstances of the particular case be detrimental to the health, safety or general welfare of persons residing or working in the vicinity? The proposed residential land use in the upper floors of the proposed building will not be detrimental to the health, safety or general welfare of persons residing or working in the vicini ty. The parking garage is secured via remote control access only to allow for secure use of the parking area for residents. Additionally, the alley will be well-lit to as to offer increased safety and more visibility to drivers. The parking area will also be enhanced through a mirror to allow drivers backing into the alley to see oncoming traffic. Oncoming traffic will be notified when a vehicle is backing out of the parking area through the use of a flasher light triggered by the garage door opening. The front courtyard area of the building will be enclosed with a safety gate to prevent vandalism and graffiti. C. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The new building, in conjunction with high quality landscape, hardscape and architectural style and materials, will be visually pleasing and offer a highly improved appearance from the vacant lot. The overall economic stability of the area will be strengthened as a result of new commercial services being added to the area. EXHIBIT 8 75A-21 Conditional Use Permit No. 2006-14 September 251 2006 Page 2 of 2 D. Will the proposed use comply with the regulations and conditions specified in Chapter 41 of the Santa Ana Municipal Code for such use? The proposed building with commercial on the ground floor/street level and residential uses on the upper floors will operate in compliance with Specific Development 80 and the Santa Ana Municipal Code. The courtyard which will be visible from the public right-of-way will be landscaped and provide visual interest through the use of high quality hardscapel seating 1 seat walls 1 and water feature. The proposed proj ect meets the intent of live/work projects that are allowed via C3- A zoning. E. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed use is in keeping with the density and uses identified by the General Plan designation of District Center. The project supports General Plan Land Use Policy Number 1.0 which calls for the promotion of a balance of land uses to address basic Land Use Policy Number 2.0 which calls for the promotion of land uses to enhance the Ci tyl s economic and fiscal viability. The mixed use project accomplishes both these goals simultaneously. 75A-22 SEPTEMBER 25, 2006 PAGE 1 OF5 Conditions for Approval Conditional Use Permit No. 2006-14 is approved subject to compliance to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code, and all other applicable regulations. The applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in revocation of the conditional use permit. A. Planning Division 1. Comply with all conditions and requirements from the Development Review Committee (DRC) for the development project (DP2004-91) . 2. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. The buildings shall be of wood or steel construction with a quality and durable exterior materials as shown on the architectural plans, material boards and material specifications submitted for this project. Exterior materials shall include a real stone product on the fayade of the first three floors of the building. 4. The exterior east wall shall be reviewed in detail potential aesthetic improvements, and/or the potential temporary signage. Additionally, plant material should included on the roof deck that may spillover the wall soften the hard edges of the top floors of the architecture. for for be to 5. Prior to issuance of building permits, the interior building amenities shall be submitted for review by the Planning EXHIBIT 9 75A-23 SEPTEMBER 25, 2006 PAGE20F5 Division. The amenity package submitted for review shall include but not be limited to flooring, staircase railings, doors and hardware, kitchen appliances and cabinetry, dual bowl sinks and fixtures, tile walls, tiled showers enclosures and kitchen countertops of stone tile or stone slab, or their equivalent. At minimum, the amenities will include the equivalent or higher grade of a General Electric Monogram Series product line for the kitchen appliances. 6. Prior to issuance of building permits, details regarding each unit's access provided to the Planning Division. size specifications and to elevators, shall be 7. The project shall include eight parking spaces utilizing a Klaus P310 parking lift. Detailed drawings and specifications shall be provided regarding the parking lift's operation, size, and mechanics. Each residential unit shall be allotted parking per the standards stated in Specific Development 80. 8. The parking garage shall provide insulated garage door(s) with automatic opener, transmitter and remotes. 9. Prohibit all first levels from any encroachment for use as bedroom space. The first floor (street level) is to be used for retail/gallery area as defined in Specific Development 80. 10. Covenants, Conditions, and Restrictions (CC&Rs) must approved by the Planning Manager prior to the issuance of building permit. Such CC&Rs must contain at a minimum, following: be any the a. Project and site maintenance. b. Standards shall be established for the exterior maintenance of each unit within the community. c. Graffiti removal will be required within 48 hours. d. Assignment of repair of perimeter walls/fencing will be specified in the CC&Rs in the event of damage. e. CC&Rs are to be in effect in perpetuity. f. Any proposed modifications to the CC&Rs will require approval by the City of Santa Ana. g. The use of professional management to ensure a quality operation and maintenance. h. The site restrictions regarding to number of parking spaces. i. The site restrictions regarding the turning radius into the garage area. 75A-24 SEPTEMBER 25, 2006 PAGE30F5 j. Types of commercial/businesses allowed in the residential areas. k. Number of employees to be limited to two per 1,000 square feet of gross floor area of the unit. 1. No more than one business per residential unit. m. Standards shall be established for the ongoing maintenance of the parking lift. n. The use of a unique parking facility (parking lift) shall indemnify the City of Santa Ana for any liability for any potential accidents or injuries resulting from this facility. o. A covenant establishing the City of Santa Ana's release of liability regarding the unique parking facility (parking lift) shall be recorded with the County of Orange Recorder's Office. 11. A tentative tract and final tract map shall be approved prior to the applicant exercising the rights conferred by this conditional use permit. 12. This conditional use permit shall be null and void and of no force and effect unless and until the City Council, in the exercise of its sole discretion, approves a tentative tract map for this project. 13. The proposed structure shall be built to all applicable commercial codes established by the 2001 California Building Code, and shall be compliant with the Americans with Disabilities Act to allow for the commercial uses on upper floors. 14. Prior to issuance of building permits, the exterior building amenities, materials and finishes, and balcony railings shall be submitted for review and approval by the Planning Division. Exterior glass shall be Class "A" and blue or green non- reflective, safety material. 15. Prior to issuance of building permits, details of the rollup window covers shall Planning Division for review and approval. specifications and be provided to the 16. Prior to issuance of building permits, the exterior building ameni ties, specifically the courtyard area at street level, water feature, street furniture and seating, security fencing, as well as materials and finishes shall be submitted for review and approval by the Planning Division. 75A-25 SEPTEMBER 25, 2006 PAGE40F5 17. The applicant shall provide a plan for lighting and landscape maintenance. The lighting and landscape plan and design will be reviewed by the Planning Division during the plan check phase. 18. Prior to issuance of building permits, the exterior building amenities, specifically for the roof deck area, as well as materials and finishes, and roof deck railings, and accessibility shall be submitted for review and approval by the Planning Division. This submittal shall include landscape and hardscape details, as well as furniture, any proposed water feature, and/or any recreational amenity. 19. Prior to issuance of building permits, unit's access to the roof deck, specifications, shall be submitted for the Planning Division. details regarding each as well as elevator review and approval by 20. Prior to building's units for and Police issuance of building permits, details of the security feature for visitors to contact individual entry shall be submitted to the Planning Division Department for review and approval. 21. Prior to issuance of building permits, submit for review a plan outlining the design of the fire access location, as well as automatic fire sprinklers, fire alarms, and standpipe systems. 22. Prior to issuance of building permits, submit a plan for review indicating the location of utility vaults, transformers, check valves, air conditioning units, and gas and water meters. These appurtenances shall be screened from public view and be integrated into the building's architecture. 23. Prior to issuance of review indicating the mechanical items are building. building permits, submit a plan for location of all water heaters. These to be within the footprint of the 24. Prior to issuance of building permits, submit a Historic American Building Survey (HABS) related to the historic ghost sign on the easterly adjacent building that is completed by a qualified Architectural Historian to the Planning Division for review and archival purposes. 75A-26 SEPTEMBER 25, 2006 PAGE50F5 25. Prior to issuance of building permits, submit a proposal for an interpretative sign and display to be mounted on the Fourth Street building fa9ade at street level related to the historic ghost billboard for review and approval by the Planning Division. This interpretative sign shall include photographs of the billboard, as well as a narrative description of the billboard's historical aspects. 26. Prior to issuance of building permits, an address directory/plan with accompanying floor plan must be submitted to the Planning Division for approval. 27. Prior to issuance of building permits, an onsite mailbox location for all units must be submitted to the Planning Division and approved by both Planning and the United States Post Office for location and method of operation. 28. Prior to issuance of Certificate of Occupancy, a mirror shall be installed in such a way to allow those backing into the alley from the project's parking garage, to see oncoming traffic from said alley. This mirror may not project into the right -of -way. Should the mirror be required to be installed on an adj acent property, an easement shall be obtained from the owner of said adjacent property. 29. Prior to issuance of Certificate of Occupancy, a flashing traffic/warning light shall be installed to alert drivers headed east in the alleyway that a vehicle is emerging from the project's parking garage. Should the flasher be required to be installed on an adjacent property, an easement shall be obtained from the owner of said adjacent property. 30. Prior to issuance of Certificate of Occupancy, the building address number shall be posted on the building's fa9ade, facing Fourth Street, in a minimum of four-inch letters. 31. Prior to issuance of Certificate of Occupancy, a sign program shall be submitted to the Planning Division for review and approval which includes a building address directory. 32. Site Plan Review approvals shall expire in conjunction with the expiration of this Conditional Use Permit in a period of two (2) years from the date of final approval if the Tentative or Final Subdivision Map has not been vested. 75A-27 MAl CITY MANAGER David N. Ream ,CITY ATTORNEY Joseph W. Fletcher CLERK OF THE COUNCIL Patricia E. Healy Miguel A. Pulido MAYOR PRO TEM Usa Bist COUNCIL MEMBERS Claudia C. Alvarez Carlos Bustamante Alberta D. Christy Mike Garcia Jose Solorio CITY OF SANTA ANA PlANNING & BUILDING AGENCY 20 Civic Center Plaza (M-20) P.O. Box 1988. Santa Ana. California 92702 (714) 667-2700. Fax (714) 973-1461 www.santa-ana.org POSTED AUG 3,1 2006 ~ TOM DAI. Y, fLERK.RECORDER . -.... OI!PUTY , Pursuant to the Procedures of the City of Santa Ana for implementation of the California Environmental Quality Act, the Environmental Evaluator has completed an Initial Study for the project described below: Project Number: DP-2004-91 Applicant: Urban+West+ Strategies Project Location I Address: 320 West Fourth Street, Santa Ana, CA 92701 Project Title I Description: The subject property is located in the Central Business Artists Village (C3-A) zoning district and has a General Plan use designation of District Center (DC). The proposed project consists of the construction of a new 16,000 square foot mixed-use building, with retail on the first level and five residential units on five levels above, on a 4,000 square foot lot. Parking will be provided in a garage using a lift. Project will require a zone change to create a Specific Development zone with development standards for the zone. And does hereby find: That although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because of revisions to the project and mitigation measures placed on the project, and agreed to by the applicant, reduce each impact to below a level of significance. Signature: ~~ Date: 08/i1)/ Cf-> This determination is not final until adopted by Hie decision-making body or administrative official, and a Notice of Determination is filed. AA 06-4-S0/ CUP 06-14/ SPA 06-7/ EA 04-234 EXHIBIT 10 75~28 aw~fA Environmental Checklist CEQA Compliance PLANNING DIVISION I. Project Title: SD-80 II. Project Numbers: AA-2006-4 SP and ER 2004-234 III. Lead Agency Name and Address: City of Santa Ana Planning Division (M-20) P.O. Box 1988, Santa Ana, CA 92702 IV. Contact and Phone Number: Hallv Soboleske (714) 647-5842 V. Project Location: South side of West Fourth Street. east of Birch Street. west of Broadwav VI. Project Sponsor's Name and Address: David DiRienzo, Urban+West+Strategies, Inc. 421 North Main Street, Santa Ana, CA 92701 VII. General Plan Designation: District Center (DC) VIII. Zoning: C3-A Downtown Commercial - Artists Village IX. Description of Project: The project is the creation of a specific plan to facilitate the infill development of the downtown project area to improve the pedestrian streetscape, reduce blight, and encourage an urban lifestyle, thereby promoting the use of transit. The intensity of development is in keeping with that allowed per the General Plan designation of District Center that allows ninety dwelling units per acre; however, the subject site will be developed at a six-story height (with one story being below grade). The proposed project consists of the construction of a new 16,000 square foot mixed use building with 1,189 square feet of retail on the first floor, 3,544 of basement that includes parking and storage, as well as five residential units occupying the remaining upper floors. X. Surrounding Land Uses and Setting: The project is located in the central urban core of Santa Ana, and is comprised of a 4,000 square foot lot in the Downtown National Register District. The surrounding land uses include the Ronald Regan Federal Courthouse just north and across the street from the subject site. Additionally, there are retail and office land uses to the south, east, and west. A public alley runs perpendicular and directly behind/south of the site. XI. Other agencies whose approval is required. There are no outside agencies that require approval. LL IM:IW est_ End_ LoftsIWest_End_ Checklistrlv _ 2.doc 75~29 Page 1 of 2 ~~fA Environmental Checklist CEQA Compliance Environmental Factors Potentially Affected: The environmental factors checked below would be potentially affected by that project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. 0 Aesthetics 0 Agricultural Resources 0 Air Quality 0 Biological Resources 0 Cultural Resources 0 Geology and Soils 0 Hazards and Hazardous Materials 0 Hydrology and Water Quality 0 Land Use and Planning 0 Mineral Resources 0 Noise 0 Population and Housing 0 Public Services 0 Recreation 0 Transportation and Traffic 0 Utilities and Service Systems 0 Mandatory Findings of Significance Environmental Determination On the basis of this initial evaluation, I find that: A. D The proposed project COULD NOT have a significant effect on the environment and a NEGATIVE DECLARATION will be prepared. B. cg] Although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions to the project have been made by or agreed to by the applicant. A MITIGATED NEGATIVE DECLARATION will be prepared. c. D The proposed project MAY have a significant effect on the environment and an ENVIRONMENTAL IMPACT REPORT is required. D. D Although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR (EIR No. - ) pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the project, nothing further is required. E. D Pursuant to Section 15164 of the CEQA Guidelines, an EIR (EIR No. - ) has been prepared earlier and only minor technical changes or additions are necessary to make the previous EIR adequate and these changes do not raise important new issues about the significant effects on the environment. An ADDENDUM to the EIR shall be prepared. F. D Pursuant to Section 15162 of the CEQA Guidelines, an EIR (EIR No. - ) has been prepared earlier; however, subsequent proposed changes in the project and/or new information of substantial importance will cause one or more significant effects no previously discussed. A SUBSEQUENT EIR shall be prepared. Auqust 30. 2006 Signature Date Hallv Soboleske. Associate Planner Printed Name LLIM:IWesCEnd_ LoftslWest_End _ Checklistrlv _ 2.doc 75~30 Page 2 of 2 ~~fA Environmental Checklist CEQA Compliance Evaluation of Environmental Impacts: I. A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). II. All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. III. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. IV. "Less Than Significant with Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. Less Than Significant Potentially With Less Than Significant Mitigation Significant No Issues & Supporting Information Sources Impact Incorporated Impact Impact I. Aesthetics - Would the project: A. Have a substantial adverse effect on a scenic vista? 0 0 [g] D B. Damage scenic resources, including but not limited 0 0 [g] D to, trees, rock outpourings and historic buildings within a state highway? C. Substantially degrade the existing visual character or quality of the site and its surroundings? 0 0 [g] D D. Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? 0 0 [g] D 75~31 ~fA Environmental Checklist CEQA Compliance Issues & Supporting Information Sources Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact II. Agricultural Resources - In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model prepared by the California Department of Conservation as an optional model to use in assessing impacts on agricultural farmland. Would the project: A. Convert Prime Farmland, Unique Farmland or Farmland of Statewide Importance (Farmland) to non-agricultural use? (The Farmland Mapping and Monitoring Program in the California Resources Agency, Department of Conservation, maintains detailed maps of these and other categories of farmland.) o o o o o o o r8J B. Conflict with existing zoning for agricultural use or a Williamson Contract? o r8J C. Involve other changes in the existing environment which, due to their location or nature, could individually or cumulatively result in loss of Farmland, to non-agricultural use? o r8J III. Air Quality - Where available, the significant criteria established by the applicable air quality management or pollution control district may be relied upon to make the following determinations. Would the project: A. Conflict with or obstruct implementation of applicable Air Quality Attainment Plan or Congestion Management Plan? B. Violate any stationary source air quality standard or contribute to an existing or proposed air quality violation? C. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emission which exceeds quantitative thresholds for ozone precursors)? D. Expose sensitive receptors to substantial pollutant concentrations? 75~32 o o o o o o o o r8J o r8J o r8J o r8J o ~~fA Environmental Checklist CEQA Compliance Issues & Supporting Information Sources E. Create objectionable odors affecting a substantial number of people? IV. Biological Resources - Would the project: A. Have a substantial adverse impact, either directly or through habitat modifications, on any species identified as a candidate, sensitive or special status species in local or regional plans, policies or regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Services? B. Have a substantial adverse impact on any riparian habitat or natural community identified in local or regional plans, policies, and regulations or by the California Department of fish and Game or U.S. Fish and Wildlife Service? C. Adversely impact federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) either individually or in combination with the known or probable impacts of other activities through direct removal, filling hydrological interruption, or other means? D. Conflict with any local policies or ordinances protecting biological resources, such as tree preservation policy or ordinance? V. Cultural Resources - Would the project: A. Cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5? B. Cause a substantial adverse change in the significance of a unique archaeological resource pursuant to define Section 15064.5? C. Directly or indirectly disturb or destroy a unique paleontological resource or site? 7~~433 Potentially Significant Impact D D D D D D D D Less Than Significant with Mitigation Incorporated D D D D D [gJ D D Less Than Significant Impact ~ D D D D D D o No Impact D [gJ [gJ [gJ [gJ D [gJ [gJ UR~fA Environmental Checklist CEQA Compliance Issues & Supporting Information Sources D. Disturb any human remains, including those interred outside of formal cemeteries? VI. Geology and Soils - Would the project: A. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: 1. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning map issued by the State Geologist for the area or based on other substantial evidence of a known fault? 2. Strong seismic ground shaking? 3. Seismic-related ground failure, including liquefaction? 4. Landslides? B. Would the project result in substantial soil erosion or the loss of topsoil? C. Would the project result in the loss of a unique geologic feature? D. Is the project located on strata or soil that is unstable or that would become unstable as a result of the project and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse? E. Where sewers are not available for the disposal of wastewater, is the soil capable of supporting the use of septic tanks or alternative wastewater disposal systems? 7 5A~34 Potentially Significant Impact D D D D D D D D D Less Than Significant with Mitigation Incorporated D D D D D D D D D Less Than Significant Impact D D D D D D D D D No Impact ~ ~ ~ ~ ~ ~ ~ ~ ~ anfA Environmental Checklist CEQA Compliance Issues & Supporting Information Sources VII. Hazardous and Hazardous Materials - Would the project: A. Create a significant hazard to the public or the environment through the routine transport, use or disposal of hazardous materials? B. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substance or waste within one-quarter mile of an existing or proposed school? C. Be located on a site which is located on a list of hazardous materials sites compiled pursuant to Government Code Section 659662.5 and, as a result, would it create a significant hazard to the public or the environment? D. For a project located within an airport land use plan or where such a plan has not been adopted, within two miles where of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? VIII. Hydrology and Water Quality - Would the project: A. Violate Regional Water Quality Control Board water quality standards or waste discharge requirements? B. Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (i.e., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? C. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on or off- site? 75~35 Potentially Significant Impact D D D D D D D Less than Significant with Mitigation Incorporated D D D D D D D Less Than Significant Impact D D D D D D o No Impact r3J r3J r3J r3J r3J r3J [g] anfA Environmental Checklist CEQA Compliance Issues & Supporting Information Sources D. Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted run-off? E. Place housing within a 1 DO-year floodplain, as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? F. Place within a 1 DO-year floodplain structures which would impede or redirect flood flows? G. Place housing within a 1 DO-year floodplain, as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? IX. Land Use and Planning - Would the project: A. Physically divide an established community? B. Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? C. Conflict with any applicable habitat conservation plan or natural community conservation plan? X. Mineral Resources - Would the project: A. Result in the loss of availability of a locally- important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? 75&36 Potentially Significant Impact D D D D D D D D Less Than Significant with Mitigation Incorporated D D D D D rg] D D Less Than Significant Impact D D D D D D D D No Impact rg] rg] rg] rg] rg] D rg] rg] anfA Environmental Checklist CEQA Compliance Issues & Supporting Information Sources XI. Noise - Would the project result in: A. Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? B. Exposure of persons to or generation of excessive ground borne vibration or ground borne noise levels? c. A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? D. A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without project? E. For a project located within an airport land use plan or where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? XII. Population and Housing - Would the project: A. Induce substantial population growth in an area, either directly (for example, by proposing new homes and business) or indirectly (for example, through extension of roads or other infrastructure)? B. Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c. Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? 7 5A~3 7 Potentially Significant Impact D D D D D D D D Less than Significant with Mitigation Incorporated D D D D D D D D Less Than Significant Impact [gJ [gJ [gJ [gJ [gJ [gJ D D No Impact D D D D D D [gJ [gJ aIT~fA Environmental Checklist CEQA Compliance Issues & Supporting Information Sources XIII. Public Services A. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service rations, response times or other performance objectives for any of the public service: 1. Fire protection? 2. Police protection? 3. Schools? 4. Parks? 5. Other public facilities? XIV. Recreation A. Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? B. Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? XV. Transportation I Traffic A. Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (Le., result in a substantial increase in either the number of vehicle trips, the volume to capacity ration on roads, or congestion at intersections )? 75A~38 Potentially Significant Impact o o o o o o o o Potentially Significant Unless Mitigation Incorporated o o o o o o o o Less Than Significant Impact !8J !8J !8J !8J !8J !8J o !8J No Impact o o o o o o !8J o ~~AfA Environmental Checklist CEQA Compliance Issues & Supporting Information Sources B. Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? C. Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? D. Substantially increase hazards to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? E. Result in inadequate emergency access? F. Result in inadequate parking capacity? G. Conflict with adopted policies supporting alternative transportation (e.g., bus turnouts, bicycle racks)? XVI. Utilities and Service Systems A. Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? B. Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? C. Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? D. Are sufficient water supplies available to serve the project from existing entitlements and resources or are new or expanded entitlements needed? E. Result in the determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? 75A.a9 .. Potentially Significant Impact o o o o o o o o o o o Potentially Significant Unless Mitigation Incorporated o o [81 o o o o o o o o Less Than Significant Impact [81 o o [81 [81 o o o o o o No Impact o [81 o o o [81 [81 [81 [81 [81 [81 ~fA Environmental Checklist CEQA Compliance PotentIally Significant Unless Mitigation Incorporated Issues & Supporting Information Sources F. Is the project served by a landfill with sufficient permitted capacity to accommodate the project's sold waste disposal needs? G. Comply with federal, state and local statutes and regulations related to solid waste? XVII. Mandatory Findings of Significance A. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? B. Does the project have impacts that are individually limited but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, effects of other current projects and the effects of probable future projects.) C. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? ~ 7 SA~O Potentially Significant Impact o o o o o o o [8J o o Less Than Significant Impact [8J o o [8J o No Impact o [8J o o [8J anlA Responses to Environmental Checklist For CEQA Compliance I. Aesthetics A. The Scenic Corridors Element of the Santa Ana General Plan identifies certain corridors that serve as major views and vantage points to the City of Santa Ana. These corridors consist of existing scenic vistas or views open to the public. The proposed project is not within a scenic corridor and will not obstruct any scenic vista in the City. Impacts would be less than significant. B. The Orange Freeway (SR-57), Newport Freeway (SR-55), and Garden Grove Freeway (SR-22) are the three state highways that can be found in the City of Santa Ana. The project area is not visible from these highways, and the proposed project will not damage or destroy any scenic resources that are located within the vicinity of these highways. Impacts would be less than significant. C. Implementation of the proposed project would alter the visual quality of the site. However, impacts are anticipated to be beneficial, not adverse. The intent of the project is to improve the aesthetics in the planning area. The architectural style will be designed to complement the Downtown National Register District. The project includes development standards. D. Major sources of light and glare in the planning area include light from street and parking lot lights, illuminated signage, headlights from vehicles, security lighting, and indoor lighting. The proposed project will not introduce substantial new lighting that will be discern able over existing conditions. Impacts would be less than significant. II. Agricultural Resources A. Section 66474.4 of the Subdivision Map Act identifies certain categories of agricultural resources that are significant and, therefore, require special consideration. According to the Santa Ana General Plan, the City of Santa Ana does not contain Prime Farmland, Unique Farmland, or Farmland of Statewide Importance. Therefore, the proposed project will not adversely affect these categories of farmland. B. The Williamson Contract applies to parcels consisting of at least 20 acres of Prime Farmland or at least 40 acres of land not designated as Prime Farmland. Santa Ana does not contain any parcels of Prime Farmland, nor does it contain any parcel consisting of more than 40 acres of farmland. Therefore, the Williamson Contract is not applicable to the City of Santa Ana. C. The proposed project will not disrupt or damage the operation and/or productivity of any farmland in the City of Santa Ana. No impacts would occur. III. Air Quality A. The project will not introduce substantial new growth in population to the downtown area. The project includes five residential units, which would generate a negligible population growth consistent with population projections used to develop the Air Quality Management Plan. Impacts are less than significant. 7SA~1 an~fA Responses to Environmental Checklist For CEQA Compliance B. During the demolition/construction associated with the proposed project, short-term construction-related activities will impact air quality in the local area. Long-term, new development and vehicle trips will not result in substantial or significant emissions due to the relatively small scale of this infill development. C. The proposed project will not result in an increase of criteria pollutants in the City of Santa Ana since the thresholds of the region due to the commercial nature of the downtown commercial area account for the contribution of pollutants to the region. This relatively small infill development will not contribute significantly to the region's overall pollutant level. The impact will be less than significant. D. Sensitive receptors include land uses such as homes, schools, day care centers, and hospitals. This project will not expose sensitive receptors to pollutants. Impacts will be less than significant. E. Construction and implementation of the proposed project could ultimately involve materials/uses, such as drycleaners and salons, in the retail space on the first floor that may create objectionable odors. Impacts will be less than significant. IV. Biological Resources A. According to the Natural Diversity Database operated by the California Department of Fish and Game, sensitive species in Santa Ana are limited to a possible occurrence of the San Diego Horned Lizard. The site of the proposed project is not known to be a habitat for the species named above. No impacts would occur. B. Santa Ana is a built-up, urban community. As a result, readily apparent resources, such as natural habitat and wildlife, are limited. The proposed project does not interfere with the sustenance of any riparian habitat or natural community in the City of Santa Ana. No impacts would occur. C. The project site is located in an urbanized area. Due to the presence of this developed environment, and lack of natural water bodies in the area, no wetland habitat exists on the site. No impacts would occur. D. The official City tree is the Jacaranda. The proposed project will not damage or destroy existing Jacarandas in the area as it is developed. No impact would occur. V. Cultural Resources A. According to the Historic Resources Exhibit in the Santa Ana General Plan Revised Draft Land Use Element, the building immediately east of the subject site includes a historically and culturally significant ghost sign that may be affected by this project. Additionally, the subject site is located within the Downtown National Register District. Impacts will be mitigated by setting the upper levels of the building back from the lower floors so as not to obscure the historic ghost sign on the adjacent building's wall. Additionally, the building will be compatible with the Downtown National Register District in terms of massing and scale, and will set itself apart from older development by utilizing a more modern style of architecture and materials, thereby meeting the Secretary of the Interior's Standard Number Nine requiring new development to be differentiated from old. Impacts will be mitigated to a less than significant level, and 7SA~2 aIT~AfA Responses to Environmental Checklist For CEQA Compliance will be further analyzed with the help of special studies by a qualified architectural historian. B. The project area is located within an urbanized area and has been disturbed by previous and existing development. Therefore, it is unlikely that any significant archaeological resources exist on-site. The construction phase of this project will be monitored so as to identify an archeological resources unearthed during the implementation portion of this project. C. The project site is located within an urbanized area and has been disturbed by previous and existing development. Therefore, it is unlikely that any significant paleontological resources exist on-site. Implementation of the proposed project is not anticipated to disturb any known paleontological resources, and less than significant impacts on such resources are expected. D. The project site is not known to contain human remains interred inside or outside formal cemeteries. Discovery of human remains is governed by State Law, which requires stop of work and reporting to authorities. No impact would occur. VI. Geology and Soils A-1 According to the most recent Alquist-Priolo Zoning Map, no known fault traces are located in the City of Santa Ana. No impact would occur. A-2 Seismic hazard from ground shaking is typical for large areas of Southern California. However, the implementation of seismic design provisions for structural safety will help to minimize threats to human safety in the event of an earthquake. All structures will be designed in accordance with the seismic design provisions of the Uniform Building Codes to promote maximum safety in the event of an earthquake. No impact would occur. A-3 According to Exhibit 3-8 of the Santa Ana General Plan Draft Environmental Impact Report, the project site is located in an area of very low/low liquefaction hazard. No impact would occur. A-4 The project area is generally flat and implementation of the proposed project will, therefore, not require slope cuts that could result in landslides. No unstable hills or cliffs are located in the project vicinity. No impact would occur. B. Localized erosion of on-site soils may occur as a result of the proposed project. Individual projects that meet certain criteria are required to comply with the Orange County Stormwater Program and Stormwater Permit, and implement best management practices for each site, including post-construction. Given the relatively level slope and urban nature of the planning area, along with existing regulations, the potential for significant erosion such that a geologic hazard would be created is considered low. No impact would occur. C. The project site has been disturbed in the past and does not contain any unique geological or physical feature. No impact is anticipated. D. The proposed project is not located on sensitive or unstable soil. No impacts are anticipated. 7SA~3 anfA Responses to Environmental Checklist For CEQA Compliance E. Sewer access is available in the project area. No impacts would occur. VII. Hazards and Hazardous Materials A. Implementation of the proposed project is not associated with the use, storage, or disposal of hazardous substances. No impact would occur. B. The proposed project is less than one-half mile of an existing school. Due to the small number of units, and low additional traffic count. No impact would occur. C. The proposed project area does not include sites located on a Hazardous Material Site List. There are no impacts. 0, There are no public airports in the City of Santa Ana; however, John Wayne International Airport is located one-mile southwest of city limits. The proposed project is not located within a two-mile radius of the airport. The proposal does not include structures which exceed 200 feet in height, and is not within the John Wayne Airport Planning Area. No impact would occur. VIII. Hydrology and Water Quality A. Runoff from the project area will not result in ongoing or new violations of water quality or waste discharge standards imposed by the various agencies (RWQCB, Orange County Water District, etc.). This is a relatively small infill development project, and does not include an unanticipated amount of discharge into drainage. No significant impact would occur. B. The proposed project, in conjunction with other past, present, and reasonable foreseeable future projects, will contribute to the utilization of public water. The level of development anticipated under the proposal is such that it does not necessitate the preparation of an assessment to ensure water supplies are not adversely affected. Impacts are insignificant due to the relatively small scale of this project as an infill development project.. C. The proposed project is within a developed and urbanized area. The project will not result in a significant change in surface drainage patterns or absorption, as the site is currently impervious, and will continue to be post-construction. The site is less than one acre, and would not require preparation of a Water Quality Management Plan. No significant impact would occur.. D. Surface waters in the region could be degraded by runoff from the proposed project; however, do the relatively small scale of the project (less than one acre). In impact would occur. E. The proposed project includes new housing development. According to Exhibit 3-11 of the Santa Ana General Plan Draft Environmental Impact Report, the proposed project is not located within a 100-Year Flood Zone. No impacts would occur. F. The project does not consist of a structure that would impede or redirect flood flows. No impacts would occur. 7SA44 - anfA Responses to Environmental Checklist For CEQA Compliance G. The proposed project will be designed in compliance with applicable flood control ordinances and will not expose persons or property to water-related hazards. No impacts would occur. IX. land Use and Planning A The proposed project area does not include existing residential neighborhoods. The project will not divide existing neighborhoods. No impact would occur. B. The project area is in an urban setting that does not harbor any significant environmental resources. However, the project includes amendment of the Zoning Code and associated maps, and to create a Specific District with development standards. The project has been analyzed for consistency with all applicable planning documents, and meets the intent of the C3-A zoning district by including retail land uses at the ground level to augment the primarily commercial nature of the Downtown. Additionally, the General Plan Land Use Element District Center designation considers residential population density for this area. This mixed use project meets this requirement, and therefore, the project meets the intent of the all applicable planning documents. A Specific District zone will clarify and bring consistency to the zoning and General Plan in this location. C. The proposed project is located in an urbanized setting and no locally designated species or natural communities are known to exist in the project area. The site is not part of any habitat conservation plan or natural community preservation plan. Therefore, no impacts would occur. X. Mineral Resources A Pursuant to Section 3.8 of the Santa Ana General Plan Draft Environmental Impact Report, there are no areas in the City of Santa Ana designated as Significant Mineral Aggregate Resource Areas (SMARA). No mineral resources are known to exist in the project area; therefore, no impacts would occur. XI. Noise A The proposed project will not expose the public to noise levels in excess of the standards set forth in the City of Santa Ana General Plan. However, during the construction phase of the proposed project, there will be an increase in existing noise levels. Adjacent land uses will be affected by construction-related noise, but this is a temporary condition and a singular occurrence due to development. Impacts are less than significant. B. Construction grading could generate vibrations; however, impacts are less than significant since this is a temporary condition and a singular occurrence due to development. C. Due to the relatively small scope of the project, the implementation of the project will not generally increase ambient noise levels in the area, and impacts will be less than significant. Adjacent land uses will be affected by construction-related noise, but this is a temporary condition and a singular occurrence due to development 7SA~5 ~~fA Responses to Environmental Checklist For CEQA Compliance D. Refer to XI.A. E. There are no public airports in the City of Santa Ana; however, John Wayne International Airport is located one-mile southwest of city limits. The proposed project is not located within a two-mile radius of the airport. According to the Santa Ana General Plan Draft Environmental Impact Report, no area of the City of Santa Ana is within the noise impact area or 65 CNEL of John Wayne International Airport. Therefore, people residing or working in the project area will not be exposed to excessive noise levels. Impacts will be less than significant. XII. Population and Housing A. The project includes the development of housing and would result in an increased population in the planning area. According to the 2003 United States Census, the City's average household size was 4.6 persons per household. Therefore, this project has the potential for 23 additional persons to be added to the overall population if household members were from outside the City. The direct and indirect impacts of this growth are less than significant with an overall City population to be approximately 337,977 according the 2000 U.S. Census. B. The project will not displace existing housing as the subject site is currently vacant. There will be no impacts. C. The project would not displace existing population as no housing currently exist onsite. The project will result in an overall increase in housing in the planning area. No impact would occur. XIII. Public Services A.1 Implementation of the proposed project may result in an increased demand for fire protection and emergency medical services in the local area, but at a small scale. Impacts are less than significant. A.2 The proposed project may result in an increased demand for police services, but at a small scale. Impacts are less than significant. A.3 The proposed project may generate additional students, but at a small scale. Impacts are less than significant. A.4 The project will increase demand for recreational facilities, but at a small scale. Impacts are less than significant. A.5 The project may impact other governmental facilities, but at a small scale. Impacts are less than significant. XIV. Recreation A. The proposed project will not result in a substantial or significant increase in residents and employees in the area. However, the project does propose an onsite courtyard at the street level, and may be used for passive recreation. Since this project is infill development, and is of a relatively small scale, the project does not affect long term City goals for recreational land uses. Additionally, a roof deck is proposed that will 7 SA~46 an~fA Responses to Environmental Checklist For CEQA Compliance allow for additional recreational space for residents. Impacts will be less than significant. B. The proposed project entails the construction passive recreational facilities that will not adversely impact the environment. The impacts of these facilities are included in the analysis for the respective issues. Impacts will be less than significant. XV. TransportationlTraffic A. The implementation of the proposed project would increase vehicle trips in the project area. However, due to the small scale of the proposed project, impacts will be less than significant. B. The Circulation Element of the City of Santa Ana declares a minimum acceptable Level of Service - D (LOS - D) for major intersections in the City. This is above and beyond what is required by the County's Congestion Management Plan. Due to the small scale of this project, the implementation will not result in a less than significant impact. C. The project is not within the John Wayne Airport's Planning Area, and the proposed project does not include any heliports/helipads. Therefore air traffic will not be affected. No impact is anticipated. D. The proposed project will incorporate all applicable civil engineering standards to ensure that its implementation will not result in hazardous design features for vehicular traffic. A traffic study regarding the maneuverability of the public alley access was completed, and the results indicate a less than significant impact. A mitigation measure to have a mirror will be installed that will help the drivers leaving the proposed parking lift see oncoming alley traffic. E. Construction of the proposed project is not anticipated to result in inadequate emergency access to the site. Impacts are less than significant. F. The project includes underground parking with a parking lift to allow for eight parking spaces - one per bedroom of the proposed housing project thereby meeting the requirements for the City's multi-family residential parking ordinance. This measure will mitigate any effects for the need for additional parking capacity. Guest and consumer parking will be supplied through existing street parking and existing parking structure facilities. No significant impact will occur. G. The project will not negatively impact alternative transportation. There is no impact. XVI. Utilities and Service Systems A. The Orange County Sanitation District (OCSD) regulates wastewater treatment for the City of Santa Ana. The proposed project will not cause any violation of those standards set forth by the OCSD as it is a small infill development. No adverse impacts are anticipated, and no mitigation measures are required. B. The project will not cause a significant increase on existing water supply and wastewater facilities due to the relatively small scale of this infill development project. 75A!J'47 anfA Responses to Environmental Checklist For CEQA Compliance There will be no significant impact as previous analysis for water supply has included the build-out of this project area. C. The Santa Ana Public Works Agency has reviewed the proposed project and has not identified a need for new or altered systems to meet the increased demand for water drainage facilities resulting from this project. No impact will occur. D. The proposed project will not require modifications to the existing water system. No impact would occur. E. Refer to XVI.B. F. The project will generate additional solid waste. A preliminary review of landfills currently serving the project area shows significant remaining capacity. www.ciwmb.ca.Qov. Santa Ana disposed of a total of 379,259 tons in the year 2000, at a rate of 2 poundslresidenUday and 10.9 pounds/employee/day. A study of the area landfills and their remaining capacity is presented in the following table. Landfill Closure Remaining Capacity Santa Ana Contribution Year (million cubic yards) (tons 2000) Arvin 2008 2.2 23.0 Bradley West and West 2007 4.7 4.0 Expansion Colton 2006 0.6 3.0 Frank R Bowerman 2022 63 290,175 Olinda Alpha 2013 38 74,965 Prima Deshecha 2067 87.4 2,158 Puente Hills #6 2013 62.3 2.0 Simi Valley Landfill and 2034 9.5 33.0 Recycling Center Remaining Capacity in 267.7 System There is sufficient current capacity to accommodate waste generated in the project area. Impacts will be less than significant due to the relatively small scale of this project. G. The solid waste disposal needs of the proposed project will be served by Great Western Reclamation. Great Western Reclamation complies with all federal, state, and local statutes and regulations related to solid waste. The City's current diversion rate is 59 percent, more than the 50 percent required by state law. No significant impact is anticipated, and no mitigation measures are required. XVII. Mandatory Findings of Significance A. The project may impact historic resources, but to a less than significant level. Impacts will be mitigated by setting the upper levels of the building back from the lower floors so as not to obscure the historic ghost sign on the adjacent building's wall. Additionally, the building will be compatible with the Downtown National Register District in terms of massing and scale, and will set itself apart from older development by utilizing a more modern style of architecture and materials, thereby meeting the Secretary of the Interior's Standard Number Nine requiring new development to be 7 SA'fA8 ~~fA Responses to Environmental Checklist For CEQA Compliance differentiated from old. The architecture and potential impact will be further analyzed with the help of a qualified architectural historian. B. It is anticipated that air quality and traffic are less than significant due the small scale of this project. C. Implementation of the proposed project is expected to have no environmental impacts that are not expected to cause substantial adverse effects on human beings, either directly or indirectly. There will be no significant impact. XVIII. References City of Santa Ana General Plan: General Plan, Adopted September 1982. Draft Environmental Impact Report for the Proposed Santa Ana General Plan Draft Land Use Element. Prepared for the City of Santa Ana. Whittier, California: Blodgett/Cunningham and Associates, August 1, 1997. Draft Land Use Element. Prepared for the City of Santa Ana. Whittier, California: Blodgett/Cunningham and Associates, August, 1997. Secretary of the Interior's Standards. National Parks Service. 75A4A9 REQUEST The proposed project is to create a Specific Development Zone 80 and development standards for a site located in the Central Business Artists Village (C3 -A) zoning district with a current General plan use designation of District Center (DC). PROJECT DESCRIPTION The subject property is located in the Central Business Artists Village (C3-A) zoning district and has a General Plan use designation of District Center (DC) The proposed project consists of the construction of a new 16,000 square foot mixed- use building with 1,189 square feet of retail on the first floor, 3,544 of basement that includes parking and storage, as well as five residential units occupying the remaining upper floors., on a 4,000 square foot lot. Parking will be provided in a subterranean garage using a lift. proj ect will require a zone change to create a Specific Development zone with development standards for the zone. RESPONSES TO ENVIRONMENTAL CHECKLIST The following is an analysis of potential environmental impacts associated with the proposed amendment to the Municipal Code to establish a Specific District. The analysis is based upon the City of Santa Ana Environmental Check List. The analysis focuses on impacts associated with approval of the proposed amendment to the municipal code. I. AESTHETICS A. Have a substantial adverse effect on a scenic vista? B. Damage scenic resources, including but not limited to trees, rock outpourings and historic buildings within a State highway? Less than significant. Approval of establish a result in resource. Corridor the proposed amendment to the Municipal Code to zoning ordinance for a Specific District would not adverse impacts to any scenic vista, or scenic The project area is not located within a Scenic identified ln the Santa Ana General Plan. as 75A~DO Additionally, the subject site is not located near a State Highways. C. Substantially degrade the existing visual character or quality of the site and its surroundings? Less than significant Approval of the proposed amendment to the Municipal Code to establish a zoning ordinance for a Specific District would not degrade the visual character of the City, in that the proposed proj ect would establish development standards to help minimize potential visual impacts associated with the project. Additionally, the architectural style will be designed to complement the Downtown National Register District, and not creating a ufaux historic" appearance thereby meeting the Secretary of the Interior's Standard Number Nine. The proposed new structure will be designed to provide a beneficial visual quality to the Downtown area. Additionally, the project will include a courtyard area that will possess multiple amenities such as seating, landscape, public art, and a water feature. These amenities will add, rather than detract from, the visual character and aesthetics of the downtown. D. Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area? Less than significant Major sources of light and glare in the project area will stem from existing street lighting. The proposed proj ect will not introduce substantial new lighting that will be discernable over existing conditions. Parking and residential areas will have interior lighting, and the parking entrance lighting will be activated by the garage door opening. Glass on the exterior of the proposed structure will be non-reflective. Up-lighting will be utilized to highlight the historic ghost sign during evening hours, but will not be on past 10:00 p.m. II. AGRICULTURE A. Convert Prime Far.mland, Unique Far.mland or Far.mland of Statewide Importance to non-agriculture use? B. Conflict with existing zoning for agriculture use or a Williamson Contract? C. Involve other changes in the existing environment, which, due to their location or nature, could individually or 75A~51 cumulatively result in loss of Far.mland, to non-agriculture use? No Impact According to the California Department of Conservation Farmland Mapping and Monitoring Program, the City of Santa Ana contains a limited amount of Prime and Unique Farmlands. Approval of the proposed amendment to the Municipal Code to establish a zoning ordinance for a Specific District would not result in impacts to agriculture resources, in that the subject area does not contain Prime Farmlands or Unique Farmlands. III. AIR QUALITY A. Conflict with or obstruct implementation of applicable Air Quality Attainment Plan or congestion Management Plan? Less than significant The City of Santa Ana lS included within the South Coast Air Quali ty Management District and subj ect to the requirements of the Clean Air Act at both the Federal and State level. The South Coast Air Quality Management Plan (AQMP) is the primary planning document to monitor if air quality standards and objectives are being achieved in the South Coast Air Basin. The air quality obj ecti ves in the AQMP are based upon population and growth proj ections provided in regional planning programs and local general plans. A project could be in conflict with the AQMP if it results in population and growth impacts beyond those identified in regional planning programs and local general plans. Approval of the proposed amendment to the Municipal Code to establish a zoning ordinance for a Specific District and any subsequent construction according to this zoning document would not have any effect on the growth proj ections in the City's General Plan. The estimated growth project is approximately 23 addi tional persons, and is not considered substantial growth. Therefore, approval of the proposed ordinance amendment would not be in conflict with the South Coast AQMP. B. Violate any stationary source air quality standard or contribute to an existing or proposed air quality violation? C. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air quality standard? 7SA'f'52 D. Expose Sensitive concentrations? Create obj ectionable of people? receptors to substantial pollutant E. odors affecting a substantial number Less than significant Approval of the proposed amendment to the Municipal Code to establish a zoning ordinance for a Specific District and any subsequent proj ect adhering to this zoning document would not result in any short-term construction related or long-term operational air quality impacts or odor impacts. The approval of the proposed ordinance would not involve any activities that would emit long-term or short-term air quality emissions or odor pollutants. III. BIOLOGICAL RESOURCES A. Have a substantial adverse impact, either directly or through habitat modifications, on any species identified as a candidate, sensitive or special status species in local or regional plans, policies or regulations or by the California Department of Fish and game or U. S. Fish and Wildlife Services? B. Have a substantial adverse impact on any riparian habitat or natural community identified in local or regional plans, policies, and regulations or by the California Department of Fish and game or U.S. Fish and Wildlife Service? C. Adversely impact federally protected wetlands either individually or in combination with the known or probable impacts of other activities through direct removal, filling hydrological interruption, or other means? D. Conflict wi th any local policies or ordinances protecting biological resources, such as tree preservation policy or ordinance? No Impact According to the City's Updated General Plan Land Use Element EIR and the California Department Fish and Game Natural Diversity Data Base, there is a limited amount of sensitive biological resources wi thin the City. Approval of the proposed amendment to the Municipal Code to establish a zoning ordinance for a Specific District and any subsequent proj ect adhering to this zoning document would not result in any adverse impacts to any sensi ti ve biological resources. The proj ect site is in an 75A453 urbanized area, and the project will not be disturbing any wetland site or existing City tree (Jacaranda) IV. CULTURAL RESOURCES A. Cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5? Less than significant with mitigation incorporated. According to the Historic Resources Exhibit in the Santa Ana General Plan Revised Draft Land Use Element, the building immediately east of the subj ect site includes a historically and culturally significant ghost sign that may be affected by this project. Additionally, the subject site is located within the Downtown National Register District. Impacts will be mitigated by setting the upper levels of the building back from the lower floors so as not to completely obscure the historic ghost sign on the adjacent building's party wall. That portion which will be obscured may be impacted negatively over time due to it being obscuredi however it has been determined by special studies that current ambient conditions will have a greater impact over time than if a structure is buil t on the subj ect site. If left open to the elements, sunlight and inclement weather will continue to cause the historic sign to deteriorate at a greater pace that if it were shel tered. That portion of the ghost sign that will not be obscured will be highlighted for public view through landscaping, a water feature, up-lighting, and an interpretative sign that will offer photos and description of the historic sign. The un-obscured portion of the historic ghost sign is that area closest to the public right-of-way so as to allow more persons the ability to see the resource. Additionally, this portion of the sign is the most intact and visually interesting. The entire historic sign will be fully documented through a HABS survey. Additionally, the proposed building will be compatible with the Downtown National Register District in terms of massing and scale, and will set itself apart from older development by utilizing a more modern style of architecture and materials, thereby meeting the Secretary of the Interior's Standard Number Nine requiring new development to be differentiated from old. Impacts will be mitigated to a less than significant level through the measures noted above, and will be further analyzed with the help of special studies by a qualified architectural historian. 7SA,,54 B. Cause a substantial adverse change in unique archaeological resource pursuant C. Directly or indirectly disturb or paleontogical resource or site? D. Disturb any human remains, including those interred outside of for.mal cemeteries. the significance of a to Section 15064.5? destroy a unique No Impact According to the City's General Plan Land Use Element EIR, the City of Santa Ana is unlikely that any significant paleontological, archeological our human remains at located the project site. Additionally, the site is located within an urbanized area that has been disturbed by previous and existing development. The project will be monitored during the construction phase to ensure that no cultural resources are affected. v. GEOLOGY/SOILS A-l. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State geologist for the area or based on other substantial evidence of a known fault? A-2. Strong Seismic Ground shaking? A-3. Seismic-related ground failure, including liquefaction? A-4. Landslides No Impact According to the City's General Plan Land Use Element EIR there are no active earthquake faults, Alquist-Priolo Earthquake Zones or landslides wi thin the City. However, several active faults are located wi thin fifty miles of the City. In the event a moderate to high earthquake occurs along one of these faults, portions of the City could experience moderate seismic shaking impacts. However, the seismic risks in Santa Ana are similar to other areas in the southern Californian region. Additionally, according to the General Plan Land Use Element EIR, the potential for liquefaction hazards within the City ranges from very low to very high. Approval of the proposed amendment to the Municipal Code to establish a zoning ordinance for a Specific District and any subsequent construction according to this zoning document would not increase the potential for seismic impacts, and liquefaction 75A~5 impacts, in that the approval of proposed ordinance amendment would not involve the development of any structures that would be subject to seismic shaking impacts or liquefaction hazards. B. Would the project result in substantial soil erosion or the loss of topsoil? No Impact Approval of the proposed amendment to the Municipal Code to establish a zoning ordinance for a Specific District and any subsequent construction according to this zoning document would not result in or increase the potential for soil erosion or sedimentation impacts. Short-term erosion potential would be subject to the City's erosion control requirements, and would therefore not cause an impact. c. Would the project result in the loss of a unique geological feature? No Impact According to the City's General Plan Land Use Element EIR there are no known geological hazards or unique geologic features in the City. Therefore, Approval of the proposed amendment to the Municipal Code to establish a zoning ordinance for a Specific District and any subsequent construction according to this zoning document would not result in the loss of any unique geologic features. D. In the proj ect located on strata or soil that is unstable or that would become unstable as a result of the project and potentially result in on-or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? E. Where sewers are not available for the disposal of wastewater is the soil capable of supporting the use of septic tanks or alternative wastewater disposal systems? No Impact According to the City's General Plan Land Use Element EIR, Santa Ana contains a wide variety of soil types and associated geotechnical constraints. Approval of the proposed amendment to the Municipal Code to establish a zoning ordinance for a Specific District and any subsequent construction according to 7SAlfS6 this zoning document would not involve the construction of any structures that would be subject to geotechnical constraints. VI. HAZARDS/HAZARDOUS MATERIALS A. Create a significant hazard to the public or the environment through the routine transport, use or disposal of hazardous materials? B. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substance or waste within one-quarter mile of an existing or proposed school? C. Be located on a site which is located on a list of hazardous material sites compiles pursuant to Government Code Section 659662.5 and, as a result, would it create a significant hazard to the public or the environment? No Impact Approval of the proposed amendment to the Municipal Code to establish a zoning ordinance for a Specific District and any subsequent construction according to this zoning document would not result in the creation of or increase the potential of any significant hazardous material impacts to the public, in that the approval of the proposed ordinance would not involve any acti vi ties that would include the handling, storage or distribution of hazardous materials or emit hazardous emissions. Any retail use that operates from this site in the future would be subject to local, state and federal regulations regarding the handling of hazardous materials. D. For a project located within an airport land use plan or where such a plan has not been adopted, wi thin two miles where a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? No Impact According to the City's General Plan Land Use Element EIR and the Orange County Airports Environs Land Use Plan, Santa Ana is not located within any aircraft accident potential zones, nor is the proposed project located within a John Wayne Airport Planning Area. Additionally, there are no private airstrips in the City. Therefore, approval of the proposed amendment to the Municipal Code would not increase the potential for safety hazards for people residing in or working within the City. 75A.s7 VII. HYDROLOGY/WATER QUALITY A. Violate Regional Water Quality Control Board water quality standards or waste discharge requirements? E. Otherwise substantially degrade water quality? I. Result in an increase in pollutant discharges to receiving waters? N. Tributary to an already impaired water body, as listed on the Clean Water Act Section 303(d) list. If so, can it result in an increase in any pollutant of which the body is already impaired? R. Cause or contribute to an exceedance of applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses? No Impact The City of Santa Ana is included within four watersheds i San Diego Creek, Santa Ana River, Talbert and Westminster. Each of these watershed areas are under the jurisdiction of the Santa Ana Regional Water Quality Control Board and subject to the objectives, water quality standards and Best Management Practice requirements established in the Santa Ana River Basin Plan and Orange County Drainage Area Management Plan. The City of Santa Ana does not contain any impaired bodies, as defined by Section 303 of the Clean Water However, the City does contain several drainage facilities convey surface water runoff into bodies of water that classified as impaired. water Act. that are Approval of the proposed amendment to the Municipal Code to establish a zoning ordinance for a Specific District and any subsequent construction according to this zoning document would not directly involve routine waste discharges that would be in conflict with water quality standards established by the State Regional Water Quality Control Board, in that the approval of the proposed ordinance would not involve any long term operations or construction activities that would involve the discharge of water. This project would be subject to the City's storm water protection requirements. 7SA4~8 B. Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level. Q. Have a potentially significant adverse impact on groundwater quality? No Impact The City of Santa Ana receives 66% of its water from underground water supplies. The underground water basin in the City ranges from -50-feet to +40-feet above sea level. Presently, the City pumps underground water from 21 water wells. Fourteen of the water wells pump ground water into small surface reservoirs. The remaining seven water wells pump underground water into the City's distribution system. Approval of the proposed amendment to the Municipal Code to establish a zoning ordinance for a Specific District and any subsequent construction according to this zoning document would not result in adverse impacts to underground water supplies or prevent the recharge of underground water supplies, in that approval of the proposed ordinance would not involve any activities that would impact underground water supplies or provide impervious surfaces that would prevent the recharge of underground water supplies. Additionally, Big Box retail uses would not be permitted in areas where underground water recharge occurs. C. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of stream or river, or substantially increase the rate or amount of surface runoff in a manner, which would result in flooding on or off-site? D. Create or contribute runoff water which would exceed the capacity of existing or planned stor.m water drainage systems or provide substantial additional sources of polluted run-off? L. Result in increased impervious surfaces and associated runoff? M. Create a significant adverse environmental impact to drainage patterns due to changes in runoff flow rates or volumes. No Impact 7"4'59 The City of Santa Ana has a Master Plan of Drainage to guide the construction of adequate drainage facilities in the City. The facilities include a series of underground storm drain systems, open storm drain systems, catch basins and natural drainages. A significant drainage impact can occur when existing rates of surface water runoff are increased and existing drainage facili ties are unable to accommodate the additional rates of runoff. Existing rates of surface water runoff can increase through the introduction of additional amounts of impervious surfaces, or through changes to existing drainage patterns. Approval of the proposed amendment to the Municipal Code to establish a zoning ordinance for a Specific District and any subsequent construction according to this zoning document would not significantly alter existing drainage patterns or increase existing rates of surface water runoff due to the proj ect' s relatively small scale (less than one acre) . F. Place housing within a lOO-year floodplain, as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? G. Place within a lOO-year floodplain structures which would impede or redirect flood flows? H. Place housing within a lOO-year floodplain, as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? No Impact The City's General Plan identifies that portions of Santa Ana are within the lOO-year flood Zone. Approval of the proposed amendment to the Municipal Code to establish a zoning ordinance for a Specific District and any subsequent construction according to this zoning document would not cause development to occur within areas subject to lOO-year flood risks. J. Result in significant alteration of receiving water quality during or following construction. K. Could the proposed project result in increased erosion downstream? No Impact Erosion refers to surfaces by water intensified with an the removal or wind. increase in of soil from exposed bedrock The effects of erosion are slope, the narrowing of runoff 7"460 channels and by the removal of groundcover, which leaves the soil exposed. Approval of the proposed amendment to the Municipal Code to establish a zoning ordinance for a Specific District and any subsequent construction according to this zoning document would not facilitate erosion impacts. Construction would be evaluated for potential soil erosion impacts and would be subject to the City's erosion control requirements. o. Tributary to other environmentally sensitive areas? If so, can it exacerbate already existing sensitive conditions? P. Have a potentially significant environmental impact or surface water quality to either marine, fresh or wetland waters? S. Impact aquatic, wetland or riparian habitat? No Impact According to the City's General Plan Land Use Element EIR, there are no sensitive marine waters, fresh waters or wetlands in the Ci ty. However, the City does contain several drainage systems that convey drainage flows to sensitive marine resources. Pollutants conveyed through these drainage systems could adversely impact sensitive marine resources. Approval of the proposed amendment to the Municipal Code to establish a zoning ordinance for a Specific District and any subsequent construction according to this zoning document would not result in any activities that would discharge pollutants into sensitive downstream marine resources. All new construction would be evaluated for potential water quality impacts and would be subject to the City's storm water protection requirements. VIII. LAND USE/PLANNING A. Physically divide an established community? No Impact Approval of the proposed amendment to the Municipal Code to establish a zoning ordinance for a Specific District and any subsequent construction according to this zoning document would not physically divide any established community. No residential communi ty exists wi thin this immediate or adj acent areas, and therefore, no impact would occur. 75A4'61 B. Conflict with regulation of adopted for environmental any applicable land use plan, policy, or an agency with jurisdiction over the project the purpose of avoiding or mitigating an effect? Less than significant with mitigation measures incorporated The project area is in an urban setting that does not harbor any significant environmental resources. Howevert the project includes amendment of the Zoning Code and associated mapSt and to create a Specific District with development standards. The project has been analyzed for consistency with all applicable planning documents t and meets the intent of the C3 -A zoning district by including retail land uses at the ground level to augment the primarily commercial nature of the Downtown. AdditionallYt the General Plan Land Use Element District Center designation considers residential population density for this area. This mixed use project meets this requirementt and therefore t the proj ect meets the intent of the all applicable planning documents. A Specific District zone will clarify and bring consistency to the zoning and General plan in this location. C. Conflict with any applicable habitat conservation plan or natural community plan? No Impact According to the Cityts General Plan Land Use Element EIRt there are no habitat conservation plans or natural community conservation plans established within the City of Santa Ana. Thereforet approval of the proposed ordinance amendment and subsequent project would not be in conflict with any habitat conservation or natural community conservation plan. IX. MINERAL RESOURCES A. Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? No Impact The ci tyt s there are General Plan Land Use Element no areas in Santa Ana that EIR identifies that contains Significant 75A4'B2 Mineral Aggregate Resource Areas. Therefore, approval of the proposed ordinance amendment and subsequent proj ect would not result in adverse impacts to any significant mineral resource. X. NOISE A. Exposure of persons to or generation of noise levels in excess of standards established in local general plan or noise ordinance, or applicable standards of other agencies. B. A substantial per.manent increase in ambient noise levels in the project vicinity above levels existing without the project. C. Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels. D. A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without project. E. For a proj ect located wi thin an airport land use plan or where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the proj ect area to excessive noise levels? Less than significant impact The proposed amendment to the Municipal Code to establish a Specific District for mixed use development at the project location, as well as subsequent implementation would not result in any long-term noise or ground borne vibration impacts, in that the proposed ordinance would not involve any acti vi ties that would emit long term operation noise impacts. The project's implementation will cause short term construction related noise impacts. This is a temporary and single-occurrence due to development, and will be mitigated through the requirement to meet the City's Noise ordinance and standards. According to the Orange County Airport Environs Land Use Plan portions of Santa Ana are impacted by aircraft noise. Approval of the amendment to the Municipal Code would not facilitate development within areas impacted with aircraft noise. XI. POPULATION/HOUSING A. Induce substantial population growth in an area, either directly or indirectly through extension of roads or other infrastructure. 7SAu.63 Less than significant The project includes the development of housing and would result in an increased population in the planning area. According to the 2003 United States Census, the City's average household size was 4.6 persons per household. Therefore, this project has the potential for 23 additional persons to be added to the overall population if household members were from outside the City. The direct and indirect impacts of this growth are less than significant with an overall City population to be approximately 337,977 according the 2000 U.S. Census. B. Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere. C. Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? No Impact The proposed amendment to the Municipal Code to establish a Specific District for a mixed use project would not induce substantial growth in the City or displace substantial numbers of existing housing or population, in that approval does not displace homes and/or population. XII. PUBLIC SERVICES Fire Protection, Police Protection, Schools, Parks, Other Public Facilities Less than significant impact Approval of the proposed amendment to the Municipal Code to establish a Specific District for mixed use development at the proj ect location, as well as subsequent implementation, would not significantly increase the demand for additional public services over current levels of service being provided in the Ci ty. The proj ect site is located in an urbanized area, and this relatively small scale infill development will not significantly impact the need for public services. XIII. RECREATION 75A~64 A. Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? Less than significant impact. The proposed project will not result in a substantial or significant increase in residents and employees in the area. However, the proj ect does propose an onsi te courtyard at the street level, and may be used for passive recreation. Since this project is infill development, and is of a relatively small scale, the proj ect does not affect long term City goals for recreational land uses. Impacts will be less than significant. B. Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment. No Impact A roof deck lS proposed that will allow for additional recreational space for residents. No adverse impacts would occur as a result of these new recreation facilities. XIV. TRANSPORTATION/TRAFFIC A. Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system? B. Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? Less than significant impacts It is proj ected that implementation of this proposed proj ect would result in an increase of 80 daily trips with a four A.M. peak hour trips and seven P.M. peak hour trips. This is not considered a substantial increase to existing traffic load and capacity of the street system. The Circulation Element of minimum acceptable Level the City of Santa Ana of Service to be a "D" states for that maJor 75A~65 intersections in required by the proj ect would not of Service. the City. This is above and beyond what is County's Congestion Management Plan. This have a less than significant impact to Level C. Result in a change either an increase location that results in air traffic patterns, including in traffic levels or a change in in substantial safety risks? No Impact The project area is not within the John Wayne Airport's Planning Area, and does not include any proposed helipadsjheliports. No impact will result. D. Substantially increase hazards to a design feature E. Result in inadequate emergency access Less than significant with mitigation measures incorporated The Public Works Agency has expressed concerns regarding access to the site due to the width of the alley and the inadequate site distance when egressing the parking garage. A traffic consultant completed an access study which concluded that maneuverability into the parking area proposed by the proj ect will be satisfactory provided the drivers use caution to avoid collisions with adj acent buildings and vehicles in the alley. Residents will, overtime, become adept at maneuvering from alley to parking area. A mirror will be installed to allow those emerging from the parking area to see any oncoming traffic. Any easements required for this mitigation will be obtained. Emergency access will not be inadequate since there is access to the building is proposed from both the front of the structure. F. G. Result in inadequate parking capacity Conflict with adopted policies supporting transportation alternative No Impact The project includes underground parking with a parking lift to allow for eight parking spaces at one per bedroom of the proposed housing proj ect thereby meeting the requirements for the City's multi-family residential parking ordinance. This measure will mitigate any effects for the need for additional 7"466 parking capacity. New retail in the area must apply for a C3 Parking Waiver to seek permission to utilize the public parking structures. One such structure is located wi thin one block (within 200') of the proposed location. Guest and consumer parking will be supplied through existing street parking and existing parking structure facilities. No significant impact will occur. The project transportation. does not directly There is no impact. involve alternative xv. UTILITIES/SERVICE SYSTEMS A. Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? B. Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? C. Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? D. Are sufficient water supplies available to serve the project from existing entitlements and resources or are new or expanded entitlements needed? E. Resul t in the determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the providers existing commitments. F. Is the project served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? G. Comply with federal, state and local statutes and regulations related to solid waste? No Impact Approval of the proposed amendment to the Municipal Code to establish a Specific District for mixed use development at the proj ect location, as well as subsequent implementation will be evaluated for potential impacts to utility service systems. There are no difficulties related to capacity at this time in the City, and wastewater discharge related to this project would be negligible. Since is relatively small scale infill development, no impact would occur. 75A'!fS7 XVI. MANDATORY FINDINGS OF SIGNIFICANCE A. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory. Potentially significant unless mitigation incorporated The proj ect may impact historic resources, but to a less than significant level. Impacts will be mitigated by setting the upper levels of the building back from the lower floors so as not to obscure the historic ghost sign on the adjacent building's wall. Additionally, the building will be compatible with the Downtown National Register District in terms of massing and scale, and will set itself apart from older development by utilizing a more modern style of architecture and materials, thereby meeting the Secretary of the Interior's Standard Number Nine requiring new development to be differentiated from old. The architecture and potential impact will be further analyzed with the help of a qualified architectural historian. B. Does the project have impacts that are individually limited but cumulatively considerable? Less than significant impact Approval of significant project. the proposed ordinance would cumulative impacts, due to the not result in any small scale of this C. Does the project have environmental cause substantial adverse effects on directly or indirectly? effects, which will human beings ei ther No Impact Approval of the proposed amendment to the Municipal Code to establish a Specific District for mixed use development at the project location, as well as subsequent implementation would not cause any substantial adverse effects on human beings, in that 75A!J'S8 the proposed would result environment. ordinance would not involve any in adverse effects to human activities beings or that the XVIII. DETERMINATION Based upon the evidence in light of the whole record documented in the above evaluation and cited references, I find that the proposed proj ect would not have a significant impact on the environment and a Mitigated Negative Declaration has been prepared. XVIV. REFERENCES City of Santa Ana General Plan, 1997 City of Santa Ana, General plan EIR, 1997 California Environmental Quality Act Guidelines California Department of Conservation Farmland Mapping and Monitoring Program South Coast Air Quality Management District Air Quality Management Plan California Department of Fish and Game Natural Diversity Data Base Orange County Airport Environs Land Use Plan Secretary of the Interior's Standards. National Park Service. xx. PREPARER Hally Soboleske, Associate Planner, City of Santa Ana 75A-69 MITIGATION MONITORING PLAN INTRODUCTION Section 15097 of the California Environmental Quality Act (CEQA) Guidelines requires all state and local agencies to establish monitoring or reporting plans for projects approved by a public agency whenever approval involves the adoption of either a "mitigated negative declaration" or specified environmental findings related to environmental impact reports. The mitigation monitoring plan (MMP) contained herein is intended to satisfy the requirements of CEQA as they relate to the Subsequent Initial Study/Mitigated Negative Declaration (IS/MND) for the West End Loft Project/Specific Development 80 (SD80). This MMP is intended for use by City staff to ensure compliance with mitigation measures during project implementation. Mitigation measures identified in this MMP were identified in the Subsequent IS/MND prepared for the proposed project. The Subsequent IS/MND presents a detailed set of mitigation measures that will be implemented throughout the lifetime of the project. Mitigation is defined by CEQA as a measure which: · Avoids the impact altogether by not taking a certain action or parts of an action. · Minimizes impacts by limiting the degree or magnitude of the action and its implementation. · Rectifies the impact by repairing, rehabilitating, or restoring the impacted environment. · Reduces or eliminates the impact over time by preservation and maintenance operations during the life of the project. · Compensates for the impact by replacing or providing substitute resources or environments. Note: Sections 21083 and 21087, Public Resources Code; Reference: Sections 21002, 21002.1,21081, and 211 OO(c), Public Resources Code. The intent of the MMP is to ensure the effective implementation and enforcement of adopted mitigation measures and permit conditions. The MMP will provide for monitoring of construction activities as necessary and in-the-field identification and resolution of environmental concerns. Compliance Checklist City staff will coordinate monitoring and document the implementation of mitigation measures. City staff will be responsible for fully understanding and effectively implementing the mitigation measures contained within the MMP. Table 1 of this report identifies the mitigation measure, the monitoring action for the mitigation measure, the responsible party for the monitoring action, and timing of the monitoring action. 7 SA..7 0 o CO I- Z W ::iz c..<c O..J ..Jc.. W >C). wZ o a:: 00. "'--1- Q)LL- - Z · ::COO roWIIIII::: I-c..-= ~Z U)O 1-- LL~ OC) ..J__ Ot:: Z::i W I- U) W 3: ro c c <( .2 ro .!Q ...... > c.- roO (/)0) ....c o .- >-g :!:~ oco ro c roc<( c 0 <(.- ro ro .!Q> c >- -;;; C ro ~ ~ roO(/) 0 ::::l (/) ....g>c"Ooffi .... 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U c co CiCll 0)00 c Q) .;:: g ::::l '- Oa. c .2 o ::::l '- ~ C o U 0) c .;:: ::::l o 7SA~71 O)c c co ~o: co c c <( .2 ro.!Q ...... > c.- roO (/)0) ....c 0'- >-g :!:::J Oco 200 'en c u.2 :00 o al .;:: a. al 00 c.. .~ c o :g ::::l '- ...... 00 c o U 0) c .;:: ::::l o OE~~~ - 0...... 0 co LL ~ .s::::. LL O).s::::....... ~ <C:E g>3: 00 a:: 'S e .Q .9 t:: 00 - al == co co Z'- al OCll"O.9ro I- "E al 0) coro'-c <CNO)e~ I- CO.- '- '- .s::::. ~.- co a::uEEa. OtE al c..COalCO.s::::. *^ ~ D ...... u Zco_'5~~ ~~~s-;~ 1-...... .- c c ~ c ~ '6>'E :> >-.Ql CO CD 0 cCll~Eu X <( ~ .~ Q) 5 ORDINANCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING SPECIFIC DEVELOPMENT NO. 80 (SD-80) AND REZONING THE PROPERTY LOCATED AT 320 WEST FOURTH STREET FROM CENTRAL BUSINESS ARTIST'S VILLAGE (C3-A) TO SPECIFIC DEVELOPMENT NO. 80 (SD-80) (AA NO. 2006-04) THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana does hereby find, determine and declare as follows: A. Applicant is requesting approval Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2004-234, Amendment Application No. 2006-04 rezoning the property from Central Business - Artist's Village (C3-A) to Specific Development No. 80 (SD-80), Conditional Use Permit No. 2006-13 to allow a live-work community and approval of Site Plan Review No. 2006-07 to allow the construction of a new 16,000 square foot mixed-use building with 1,189 square feet of retail on the first floor, 3,544 of basement that includes parking and storage, as well as five live-work community units occupying the remaining upper floors for the property located at 320 West Fourth Street. B. On September 25, 2006, the Planning Commission held a duly noticed public hearing and unanimously voted to recommend that the City Council: 1. Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2004-234. 2. Adopt an ordinance approving Amendment Application No. 2006-04. 3. Adopt a resolution approving Site Plan Review No. 2006-07 as conditioned. 4. Adopt a resolution approving Conditional Use Permit No. 2006-14 as conditioned. C. Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2004-234, Amendment Application No. 2006-04, Conditional Use Permit No. 2006-13, and Site Plan Review No. 2006-07 came before the City Council of the City of Santa Ana for a public hearing October 16, 2006, and at that time considered all testimony, written and oral. 75A-72 D. Amendment Application No. 2006-04 has been filed with the City of Santa Ana to adopt Specific Development No. 80 (SD-80) and to rezone the property located at 320 West Fourth Street from Central Business - Artist's Village (C3-A) to Specific Development No. 80 (SD-80). (AA No. 2006-04) E. SD-80 would allow on the first floor retail and service uses; fine art galleries which may include a studio as an ancillary use; fiber art galleries which may include a studio as an ancillary use; photography studios; printing, lithography and calligraphy studios (with a Conditional Use Permit); glass blowing and sculpturing studios (with a Conditional Use Permit); Ceramic and pottery studios (with a Conditional Use Permit); and cyber cafes (with a Conditional Use Permit). On the floors above the first floor, SD-80 would allow professional and administrative offices, design professionals, but excluding medical, dental and massage therapy offices; fine art studios; fiber art studios; photography studios; multiple-family dwellings (with a Conditional Use Permit); live-work communities (with a Conditional Use Permit); printing, lithography and calligraphy studios (with a Conditional Use Permit); glass blowing and sculpturing studios (with a Conditional Use Permit); and ceramic and pottery studios (with a Conditional Use Permit). F. Amendment Application No. 2006-04 is consistent with the General Plan, including but not limited to its goals and policies: 1. To promote a balance of land uses to address basic community needs. Goal 3.0 of the Land Use Element of the General Plan. 2. To promote land uses which enhance the City's economic and fiscal viability. Goal 2.0 of the Land Use Element of the General Plan. G. The City Council has weighed and balanced the general plan's policies and has determined that based upon this balancing that the project at 320 West Fourth Street is consistent with the purpose of the general plan. H. The City Council also adopts as findings all facts presented in the Requests for Council Action dated October 16, 2006 accompanying this matter. For these reasons, and each of them, Amendment Application No. 2006-04 is hereby found and determined to be consistent with the General Plan of the City of Santa Ana and otherwise justified by the public necessity, convenience, and general welfare. I. The resolution approving and adopting the mitigated negative declaration and mitigation monitoring program for Environmental Review No. 2004-234 which came before the City Council on October 16, 2006. This ordinance incorporates by reference, as though fully set forth herein, that resolution and mitigated negative declaration and mitigation monitoring program. Section 2. The real property located at 320 West Fourth Street is hereby reclassified from Central Business - Artist's Village (C3-A) to Specific Development No. 75A-73 80 (SD-80). (AA No. 2006-04) Amended Sectional District Map number 12-5-10 showing the above described change in use district designation, is hereby approved and attached hereto as Exhibit "A" and incorporated by this reference as though fully set forth herein. Section 3. Specific Development No. 80 (SD-80) as set forth in Exhibit "B", attached hereto and incorporated as though fully set forth herein, is approved and adopted in its entirety. Section 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is 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 anyone or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this _ day of ,2006. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Kylee O. Otto Assistant City Attorney AYES: Councilmembers NOES: Council members ABSTAIN: Councilmembers NOT PRESENT: Council members 75A-74 - CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 75A-75 8P-l R1 ST. ',5,10 I L-.J L--...J L-....J I L-..JU L6-5-' ~ !~~1--'-C5 0" II i '" '" Or" R 1 ~ R1 R' ~;,~ ~;,-, -[' ~192 t I o "II "".oomBIJ IT} BB [~ > "BOOWCJffiffiGEi2 ~B:~ ":.2:' ~ ~ ~D8 ~, '" '" [ CIVIC CENTER DR I [ P Fr:IlJ;1] r=-il · II... ~i'~ 1 lJLJJrJL!J~ ~,,:' -".!!I! ~I",I'[ ~I .,,; ]~. .. L,::, I~~[~ Iffi- · · 'ceO In_-:~_n_U~[]J[~ 11:11 P I~ I -II ~ p : C3-A : C3 A I C3-A I. C3-"" .L ,~I p I~ SO-55 , P · C3-AC3: C3-A T I P ~i P ~ _~_nu~:;_ !~~3-A [ Ii 80.13 SO-2 ~ 39 tc3A ~D I :. II :. I :" "" :-11:'::'1 C3' '.. -- .~--........... + hi II II II~f1e-5-9 ST. Rl 2-5-~ ,'-[-10 + 11-5-10 I ~ ~ CJ) R1 L2 . ]I J ] ] J ] Jj 14Sj A2 -f" ~ 5 SP R1 9 -1 Rl R1 ] I SP-l ....IJ117S. - ~Ji8 ~ i 5P-1 IXlJ 8 SP.l Rl R1 182' 50-20 R1 R2 R2 :JHl) ~I R2 P C1 FIRST II II I I II II Zoning District SECTKlNAL DISTRICT MAP 12-5-10 ADOPTED BY THE SANTA ANA CITY COUNCIL, JULY 20, 1959 BY ORDINANCE NS-381 SCALE IN FEET Al GENERAL AGRICULTURAL -B PARKING MODIFICATION Cl COMMUNITY COMMERCIAL C1-MO COMMUNITY COMMERCIAL-MUSEUM DISTRICT C2 GENERAL COMMERCIAL C3 CENTRAL BUSINESS C3-A CENTRAL BUSINESS-ARTISTS' VILLAGE C4 PLANNED SHOPPING CENTER C5 ARTERIAL COMMERCIAL CR COMMERCIAL RESIDENTIAL C-SM GC Ml M2 MO o P PCD PD PRD SOUTH MAIN STREET COMMERCIAL DISTRICT GOVERNMENT CENTER LIGHT INDUSTRIAL HEAVY INDUSTRIAL MILITARY OPERATIONS OPEN SPACE PROFESSIONAL PLANNED COMMUNITY DEVELOPMENT PLANNED DEVELOPMENT PLANNED RESIDENTIAL DEVELOPMENT R1 SINGLE-FAMILY RESIDENCE R1-4COO SMALL LOT SINGLE.FAMILY RESIDENCE R2 TWO-FAMILY RESIDENCE R3 MULTIPLE.FAMILY RESIDENCE R4 SUBURBAN APARTMENT RE RESIDENTIAL ESTATE SD SPECIFIC DEVELOPMENT SP SPECIFIC PLAN o 60- -6000 1000 MINIMUM FRONTAGE MINIMUM LOT AREA THIS MAP IS THE OFFIC!AL SECTIONAL DISTRICT MAP OF THE CITY Of SANTA ANA AS AUTHORIZED BY CITY COUNCil RESOllfTlON NO 74-1e3. DATED 11-18-74, I HEREBY AnEST THAT THIS w.P IS A TRUE copy OF THE ORKlINAl SECTIONAL DISTRICT MAP NO. 12-5-10. s_ JAY TREVINO EXECUTIVE DIRECTOR PLANNING &. BUILDING AGENCY CertificaleDate RES,IAA, IANX. NO. A.A. 1059 A.A,I068 A.A.96-3 AA.9tI-9 AA9&-5 AA03-2 AA06-4 ORO I RES, NO NS-2177 NS-2229 N5-2287 NS-2308 NS-2357 NS-2630 Pencing ADOPTED DATE APPROVED PREPARED BY THE PLANNING DIVISION CITY OF SANTA ANA, CALIFORNIA EXHIBIT ^ 75A-76 Specific Development Plan No. 80 Section 1. Applicability of Ordinance The specific development zoning district for a mixed-use (commercial land use with a residential component) project as authorized by Chapter 41, Division 26, Section 41-593 et seq. of the Santa Ana Municipal Code (SAMC), is specifically subject to the standards and regulations contained in this plan for the express purpose of establishing land use regulations and standards. All other applicable chapters, articles, and sections of the SAMC and any other regulations adopted by the City Council shall apply unless expressly stated or superseded by this ordinance. All terms contained herein shall be defined by the SAMC, unless specifically defined herein. Section 2. Purpose Specific Development Plan No. 80 (50-80), consisting of standards and regulations, is hereby established for the express purpose of protecting the health, safety, and general welfare of the people of the City by promoting and enhancing the value of properties and encouraging orderly development. 50-80 sets the development and design criteria for a development consisting of approximately four thousand (4,000) square feet, within the Downtown Historic National Register District. The purpose of this specific development is to allow for flexibility in site planning and design to respond to market conditions while assuring high quality development in this architecturally significant location. 50-80 specifically establishes for the property the following: . Permitted uses. · Development and operational standards, including building height limits, require setbacks, parking, landscaping provisions, and enforcement policies, as well as a provision for the protection of historic resources. · Maximum authorized intensity. · Signage provisions. · Refuse collection. . Utility requirements. Exhibit B Specific Development Plan No, 80 Page 1 of 8 75A-77 - Section 3. Objectives The objectives of SD-80 include provisions of the following: · A long-term development that is of the highest architectural quality and design, and that architecturally complements the Downtown National Register District. · A landscaping plan that is complementary to a mixed-use development and sensitive to the surrounding community. · A visually harmonious development as viewed both internally and externally. · A development that is consistent with the District Center designation of the General Plan and which implements the spirit and intent of policies of the General Plan. · A circulation system that is responsive to the needs of both vehicular and pedestrian travel. · The provision of a mixture of high quality housing and ground level commercial uses along Fourth Street so as to enhance the viability and vibrancy, and pedestrian- friendly qualities of the Downtown. · A mixed-use project complementing an adjacent historic resource "ghost sign" located on the structure immediately east of this site, as well as other culturally and architecturally significant structures in the area. · A mixed-use project blending with adjacent office and retail/service land uses. Section 4. Permitted Uses The categories of land uses to be included within the project area are retail and services uses, art galleries and studios, offices and a live work community. If a use is for any reason omitted from those specified as permissible or if ambiguity arises concerning the classification of a particular use within the meaning and intent of this Plan, the determination shall be at the discretion of the Planning Manager. Such decision may be appealed to the Panning Commission whose decision is final. A. Permitted uses on the first floor. The following land uses are permitted on the first floor: 1. Retail and service uses 2. The following creative art uses: a. Fine art galleries which may include a studio as an ancillary use. b. Fiber art galleries which may include a studio as an ancillary use. c. Photography studios. B. Conditionally Permitted Uses on the first floor only. The following uses may be permitted in the first floor subject to the issuance of a conditional use permit: L- Specific Development Plan No. 80 Page 2 of 8 75A-78 1. Printing, lithography, and calligraphy studios. 2. Glass blowing and sculpturing studios. 3. Ceramic and pottery studios. 4. Cyber cafes and subject to compliance with the requirements of SAMC Section 41-198.200. C. Permitted Uses on floors above the first floor: 1. Professional and administrative offices, design professionals, but excluding medical, dental, and massage therapy offices. 2. Fine art studio. 3. Fiber art studio. 4. Photography studio. D. Conditionally Permitted Uses on floors above the first floor: 1. Multiple-family dwelling. 2. Live-work community. 3. Printing, lithography, and calligraphy studios. 4. Glass blowing and sculpturing studios. 5. Ceramic and pottery studios. E. All other uses not expressly permitted or conditionally permitted in this ordinance are prohibited. Section 5. Maximum Permitted Building Density/Intensity for dwelling units live/work community units or commercial tenant spaces This development has specific constraints due to the limited site capacity and availability of parking, and therefore, there is a maximum of five (5) dwelling units, live/work community units or commercial tenant spaces within the floors above the first floor. Section 6. Development Standards A. Building height and basement. 1. Structures are subject to a height limitation of sixty-eight (68) feet above ground level, which is defined as the vertical distance measured from the curb level to the highest point of the roof surface. This excludes elevator override area, appurtenances, and rooftop railings. 2. The building shall incorporate a full basement, which shall be used solely for vehicular parking and storage. Specific Development Plan No. 80 Page 3 of 8 75A-79 B. Setbacks. 1. Front setback (Fourth Street). Maximum setback is zero; however, any appurtenance such as awnings, canopy, flagpoles, signage must obtain an easement and/or encroachment permit in order to be located so as to project into or over the right-of-way. A step-back of not less than one (1) foot from the front property line shall be implemented for the floors over three (3) stories, excluding basement. 2. Side (west). Maximum setback is zero. 3. Side (east). The historic "ghost sign" located on the adjacent building directly to the east of the subject site must be preserved and the north end of the "ghost sign" shall not blocked from public view. Therefore, the eastern side setback shall be a minimum of fifteen (15) feet for a length of thirty-seven (37) feet from the front property line so as to leave a clear view of the resources. Once at this thirty-seven (37) feet distance, no setback is required. 4. Rear (south). No setback required although, if parking is located off the alley, a minimum twenty-three feet, six inches (23'6") setback from the alley centerline shall be maintained to allow for driveway turning radius. C. Standards for dwelling units, live work community units, or commercial tenant spaces above first floor 1. A maximum of five (5) dwelling units, live work community units, or commercial tenant spaces for this project. 2. Each dwelling unit, live work community unit, or commercial tenant space shall be at least one-thousand (1,000) gross square feet in size. 3. Each dwelling unit, live work community unit, or commercial tenant space shall have bathroom facilities apart from other residential units, including a water closet, wash basin, and a bathtub or shower. 4. Each dwelling unit, live work community unit, or commercial tenant space shall have kitchen facilities apart from other units, including a kitchen sink, cooking appliances, and refrigerator. All such facilities shall have a clear working space of at least thirty (30) inches in front of and perpendicular to it. Specific Development Plan No. 80 Page 4 of 8 75A-80 5. Each dwelling unit, live work community unit, or commercial tenant space first floor shall have its own storage area in the in the basement of the building. D. Standards for commercial tenant space at first floor. 1. Each commercial tenant space shall space shall be at least one-thousand, one-hundred (1,100) gross square feet. 2. Each commercial tenant space shall be provided a minimum of seven hundred-eighty (780) square feet of storage space which shall be made available within the basement of the building. E. Parking. 1. Parking provided on-site shall be provided by interior garage and parking lift. 2. Units above ground/street level shall be provided at a minimum of standards defined as: a. One (1) parking space for each unit with a size of one-thousand, six-hundred (1,600) gross square feet or less. . b. Two (2) parking spaces for each unit with a size of one-thousand, six-hundred and one (1,601) gross square feet up to three- thousand, two-hundred (3,200) gross square feet. . c. Three (3) parking spaces for each unit with a size of three- thousand, two-hundred and one (3,201) and larger gross square feet. . 3. No additional parking shall be required on site. 4. No guest parking shall be permitted within the parking lifts. F. Walls and Screening. 1. Except as provided in Section 6(G)(1 )(c) below, any wall or fence shall be constructed in compliance with the SAMe and is subject to approval of the Planning Division. 2. Any equipment, whether on the roof, side of the building, or in the courtyard area, or on the ground, shall be screened. The method of screening shall be architecturally integrated with the building in terms of material, color, shape, and size. G. Landscape/Hardscape Standards. The final design satisfying the following requirements shall be subject to the review and approval of the Planning Manager: Specific Development Plan No. 80 Page 5 of 8 75A-81 1. A minimum of a five-hundred fifty-five (555) square foot courtyard shall be maintained at the front of the property so as not to obscure the historic "ghost sign" on the structure immediately east of the proposed building. a. This courtyard shall maintain a water feature, hardscape and landscape features to complement and highlight the historic "ghost sign". b. The courtyard area shall incorporate uplighting to highlight the historic "ghost sign" to enhance the visibility, attractiveness, and preservation of this cultural feature. This uplighting feature shall be on a timer so as to minimize the amount of exterior lighting from 10:00 p.m. to 7:00 a.m. c. The courtyard area shall incorporate seating, seat walls, water feature, lighting, artwork (such as sculpture or sculpturally designed fence and gate) and landscaping to provide visual interest and additional amenities within the area. All seating, benches, and surfaces shall be made of a durable material such as concrete, stone, or painted iron, and be designed to minimize effects from vandalism, weather, and incorporate graffiti resistant coatings. d. Landscaped areas within the courtyard area shall be irrigated using an automatic sprinkler system. The project shall have an approved Landscape Plan prior to construction permits being issued, and shall be fully implemented prior to issuance of Certificate of Occupancy. 2. First floor pedestrian amenities shall include lighting, and planters. These amenities shall be designed to minimize effects from vandalism, weather, and incorporate graffiti resistant coatings. Additional pedestrian amenities are encouraged for the site. 3. Roof deck amenities shall be provided for the use of each dwelling unit, live/work community unit, or commercial tenant space. These amenities shall include seating, seat walls, and landscape planters. Any permanent landscape feature must be irrigated using an automatic sprinkler system. The rooftop amenities shall be maintained and shall be designed to minimize effects from vandalism, weather, and incorporate graffiti resistant coatings. H. Architectural Design Features. The final design satisfying the following requirements shall be subject to review and approval of the Planning Manager: 1. Exterior Materials: Exterior materials and finishes will comply with site plan review approvals granted through the Planning Commission or City Council. Exterior materials on the first three floors shall include real stone on the fagade. Exterior enclosures and similar ancillary structures are to match the proposed structure in terms of texture, materials, and color palette. Specific Development Plan No. 80 Page 6 of 8 75A-82 2. Design Features: Any minor alterations and/or additions shall be in keeping with the original approved design of the structure in terms of scale, rooflines, materials, and color palette. Additionally, a written report shall be prepared by a qualified architectural historian and submitted to and approved by the Planning Manager demonstrating how the overall architectural design is compatible with the Downtown National Register District. 3. Lighting Standards/Fixtures: A minimum of one (1) foot candle of light shall be provided throughout the parking area and the parking apron. Specifications of light standards/fixtures and photometrics shall be submitted to the Planning Division and Police Department for approval prior to issuance of construction permits. 4. Except as provided in Section 4(G)(1 )(b) above, there shall be no glare or spillover lighting into adjacent properties. All exterior glass materials on the exterior of the building shall be non-reflective. 5. The ceiling of the parking facilities shall be painted white, and be maintained to improve illumination and enhance safety within this area. The Planning Manager may approve minor modifications to the standards specified in this SD-80, provided that such changes are consistent with the purpose, scope, and intent of this document. The Planning Manager has the sole and absolute discretion to determine what constitutes a "minor modification". Section 7. Signage A. All signage shall comply with the Santa Ana Municipal Code. A comprehensive sign program for the entire site, including, but not limited to, freestanding, wall, directional, addressing, permanent signs and graphics, shall be submitted and approved by the Planning Manager prior the issuance of any sign permit. B. The elevation directly facing Fourth Street shall be considered the primary elevation for signage purposes. Section 8. Refuse Collection Area Areas to handle the refuse for the development site shall be integrated into the building. At minimum, the project shall provide two (2) refuse collection areas measuring a minimum of eleven feet by seven feet (11' x 7') each. One collection area is to be used for refuse, and the other shall be for recycle materials. Such collection areas shall be enclosed and viewable by refuse collectors, with exterior materials such as concrete block with metal doors. Additionally, each collection area shall provide "chutes" to allow refuse from upper floors to collect within these areas to the extent required by AB239 or City of Santa Ana Ordinance and that determined by the Planning Division. Specific Development Plan No. 80 Page 7 of 8 75A-83 Section 9. Telephone, Electrical, Water, Gas, and Cable A. All on-site utilities shall be placed underground. B. Transformers of terminal equipment shall be visually screened from view from streets, and adjacent properties. C. There shall not be exposed downspouts, scupper drains, electrical or mechanical lines on the exterior of the building. All mechanical equipment shall be screened from view in an architecturally integrated manner, and shall not be visible from a distance of three-hundred feet (300') from ground level at a pedestrian height. D. Each unit shall be provided its own gas, electric, and water meters. Specific Development Plan No. 80 Page 8 of 8 75A-84 KO - 10/10/06 RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING SITE PLAN REVIEW NO. 2006- 07 AS CONDITIONED AND CONDITIONAL USE PERMIT NO. 2006-14 AS CONDITIONED FOR LIVE-WORK COMMUNITY FOR THE PROPERTY LOCATED AT 320 WEST FOURTH STREET WHICH IS WITHIN SPECIFIC DEVELOPMENT NO. 80 (SD-80) 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. Applicant is requesting approval Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2004-234, Amendment Application No. 2006-04 rezoning the property from Central Business - Artist's Village (C3-A) to Specific Development No. 80 (SD- 80), Conditional Use Permit No. 2006-13 to allow a live-work community, and approval of Site Plan Review No. 2006-07 to allow the construction of a new 16,000 square foot mixed-use building with 1,189 square feet of retail on the first floor, 3,544 of basement that includes parking and storage, as well as five live-work community units occupying the remaining upper floors for the property located at 320 West Fourth Street. B. Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2004-234, Amendment Application No. 2006- 04, Conditional Use Permit No. 2006-13, and Site Plan Review No. 2006- 07 came before the City Council of the City of Santa Ana for a public hearing October 23, 2006, and at that time considered all testimony, written and oral. C. On September 25, 2006, the Planning Commission held a duly noticed public hearing and unanimously voted to recommend that the City Council: 1. Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2004- 234. 2. Adopt an ordinance approving Amendment Application No. 2006- 04. 3. Adopt a resolution approving Site Plan Review No. 2006-07 as Resolution No. 2006- Page 1 of 11 75A-85 conditioned. 4. Adopt a resolution approving Conditional Use Permit No. 2006-14 as conditioned. D. Conditional Use Permit No. 2006-13 has been filed with the City of Santa Ana seeking to allow a live-work community for the property located at 320 West Fourth Street. 1. Santa Ana Municipal Code Section 41-638 authorizes the City Council to grant a conditional use permit upon making certain findings. i. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? The proposed new building will contribute to the general well being of the area by providing new pedestrian friendly commercial space along the predominantly commercial Fourth Street corridor on a lot that has been vacant for a long period of time. Further, the proposed residential land use in the upper floors of the proposed building will only enhance the vibrancy of the Downtown by bringing additional consumers and entrepreneurs directly to the area. II. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety or general welfare of persons residing or working in the vicinity? The proposed residential land use in the upper floors of the proposed building will not be detrimental to the health, safety or general welfare of persons residing or working in the vicinity. The parking garage is secured via remote control access only to allow for secure use of the parking area for residents. Additionally, the alley will be well-lit to as to offer increased safety and more visibility to drivers. The parking area will also be enhanced through a mirror to allow drivers backing into the alley to see oncoming traffic. Oncoming traffic will be notified when a vehicle is backing out of the parking area through the use of a flasher light triggered by the garage door opening. The front courtyard area of the building will be enclosed with a safety gate to prevent vandalism and graffiti. Resolution No. 2006- Page 2 of 11 75A-86 III. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The new building, in conjunction with high quality landscape, hardscape and architectural style and materials, will be visually pleasing and offer a highly improved appearance from the vacant lot. The overall economic stability of the area will be strengthened as a result of new commercial services being added to the area. iv. Will the proposed use comply with the regulations and conditions specified in Chapter 41 of the Santa Ana Municipal Code for such use? The proposed building with commercial on the ground floor/street level and residential uses on the upper floors will operate in compliance with Specific Development No. 80 and the Santa Ana Municipal Code. The courtyard which will be visible from the public right-of-way will be landscaped and provide visual interest through the use of high quality hardscape, seating, seat walls, and water feature. The proposed project meets the intent of live/work projects that are allowed via C3-A zoning. v. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed use is in keeping with the density and uses identified by the General Plan designation of District Center. The project supports General Plan Land Use Policy Number 1.0 which calls for the promotion of a balance of land uses to address basic Land Use Policy Number 2.0 which calls for the promotion of land uses to enhance the City's economic and fiscal viability. The mixed use project accomplishes both these goals simultaneously. E. Site Plan Review No. 2006-07 has been filed with the City of Santa Ana seeking to allow the construction of a new 16,000 square foot mixed-use building with 1,189 square feet of retail on the first floor, 3,544 of basement that includes parking and storage, as well as five live-work community units occupying the remaining upper floors for the property located at 320 West Fourth Street. Resolution No. 2006- Page 3 of 11 75A-87 Section 2. The City Council has reviewed and considered the information contained in the initial study and the mitigated negative declaration and mitigation monitoring program, Environmental Review No. 2004-234, prepared with respect to this Project. The City Council has, as a result of its consideration and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, a mitigation negative declaration and mitigation monitoring program adequately addresses the expected environmental impacts of this Project. On the basis of this review, the City Council finds that there is no evidence from which it can be fairly argued that the Project will have a significant adverse effect on the environment. The City Council hereby certifies and approves the mitigated negative declaration and mitigation monitoring program and directs that the Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. Pursuant to Title XIV, California Code of Regulations ("CCR") S 735.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and Game Code S 711.2 and Title XIV, CCR S 735.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 3. The City Council of the City of Santa Ana hereby, approves Site Plan Review No. 2006-07 as conditioned in Exhibit "A" attached hereto and incorporated herein and Conditional Use Permit No. 2006-14 as conditioned in Exhibit "B" attached hereto and incorporated herein. These decisions are based upon the evidence submitted at the abovesaid hearing, which includes but is not limited to: the Request for Planning Commission Action dated October 16, 2006 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Section 4. This Conditional Use Permit and Site Plan Review is expressly conditioned upon adoption by the City Council of an Amendment Application rezoning the property located at 320 West Fourth Street from Central Business - Artist's Village (C3-A) to Specific Development No. 80 (SD-80) (AA No. 2006-04). The rights of the applicant under this Conditional Use Permit and Site Plan Review shall not vest until the effective date of such ordinance. Should no such zoning ordinance amendment become effective, then this Resolution is null and void and of no effect. Resolution No. 2006- Page 4 of 11 75A-88 ADOPTED this _ day of APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Kylee O. Otto Assistant City Attorney AYES: Councilrnembers NOES: Councilrnembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers ,2006. Miguel A. Pulido Mayor CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2006- to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Resolution No. 2006- Page 5 of 11 Clerk of the Council City of Santa Ana 75A-89 Conditions for Approval for Site Plan Review No. 2006-07 Site Plan Review No. 2006-07 is 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 Uniform Fire Code, the Uniform Building 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 approval. A. Plannina Division 1. Site Plan Review No. 2006-07 shall become void at such time as Conditional Use Permit No. 2006-14 becomes void pursuant to the Santa Ana Municipal Code, Chapter 41. EXHIBIT A Resolution No. 2006- Page 6 of 11 75A-90 Conditions for Approval for Conditional Use Permit No. 2006-14 Conditional Use Permit No. 2006-14 is approved subject to compliance to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code, and all other applicable regulations. The applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in revocation of the conditional use permit. B. Plannina Division 1. Comply with all conditions and requirements from the Development Review Committee (DRC) for the development project (DP2004-91). 2. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. The buildings shall be of wood or steel construction with a quality and durable exterior materials as shown on the architectural plans, material boards and material specifications submitted for this project. Exterior materials shall include a real stone product on the fayade of the first three floors of the building. 4. The exterior east wall shall be reviewed in detail for potential aesthetic improvements, and/or the potential for temporary signage. Additionally, plant material should be included on the roof deck that may spill over the wall to soften the hard edges of the top floors of the architecture. 5. Prior to issuance of building permits, the interior building amenities shall be submitted for review by the Planning Division. The amenity package submitted for review shall include but not be limited to flooring, staircase railings, doors and hardware, kitchen appliances and cabinetry, dual bowl sinks and fixtures, tile walls, tiled showers enclosures and kitchen countertops of stone tile or stone slab, or their equivalent. At minimum, the amenities will include the equivalent or higher grade of a General Electric Monogram Series product line for the kitchen appliances. Exhibit B Resolution No. 2006- Page 7 of 11 75A-91 . 6. Prior to issuance of building permits, size specifications and details regarding each unit's access to elevators, shall be provided to the Planning Division. 7. The project shall include eight parking spaces utilizing a Klaus P310 parking lift. Detailed drawings and specifications shall be provided regarding the parking lift's operation, size, and mechanics. Each residential unit shall be allotted parking per the standards stated in Specific Development 80. 8. The parking garage shall provide insulated garage door(s) with automatic opener, transmitter and remotes. 9. Prohibit all first levels from any encroachment for use as bedroom space. The first floor (street level) is to be used for retail/gallery area as defined in Specific Development 80. 10. Covenants, Conditions, and Restrictions (CC&Rs) must be approved by the Planning Manager prior to the issuance of any building permit. Such CC&Rs must contain at a minimum, the following: a. Project and site maintenance. b. Standards shall be established for the exterior maintenance of each unit within the community. c. Graffiti removal will be required within 48 hours. d. Assignment of repair of perimeter walls/fencing will be specified in the CC&Rs in the event of damage. e. CC&Rs are to be in effect in perpetuity. f. Any proposed modifications to the CC&Rs will require approval by the City of Santa Ana. g. The use of professional management to ensure a quality operation and maintenance. h. The site restrictions regarding to number of parking spaces. J. The site restrictions regarding the turning radius into the garage area. j. Types of commercial/businesses allowed in the residential areas. k. Number of employees to be limited to two per 1,000 square feet of gross floor area of the unit. I. No more than one business per residential unit. m. Standards shall be established for the ongoing maintenance of the parking lift. n. The use of a unique parking facility (parking lift) shall indemnify the City of Santa Ana for any liability for any potential accidents or injuries resulting from this facility. Resolution No. 2006- Page 8 of 11 75A-92 o. A covenant establishing the City of Santa Ana's release of liability regarding the unique parking facility (parking lift) shall be recorded with the County of Orange Recorder's Office. 11. A tentative tract and final tract map shall be approved prior to the applicant exercising the rights conferred by this conditional use permit. 12. This conditional use permit shall be null and void and of no force and effect unless and until the City Council, in the exercise of its sole discretion, approves a tentative tract map for this project. 13. The proposed structure shall be built to all applicable commercial codes established by the 2001 California Building Code, and shall be compliant with the Americans with Disabilities Act to allow for the commercial uses on upper floors. 14. Prior to issuance of building permits, the exterior building amenities, materials and finishes, and balcony railings shall be submitted for review and approval by the Planning Division. Exterior glass shall be Class "A" and blue or green non-reflective, safety material. 15. Prior to issuance of building permits, specifications and details of the rollup window covers shall be provided to the Planning Division for review and approval. 16. Prior to issuance of building permits, the exterior building amenities, specifically the courtyard area at street level, water feature, street furniture and seating, security fencing, as well as materials and finishes shall be submitted for review and approval by the Planning Division. 17. The applicant shall provide a plan for lighting and landscape maintenance. The lighting and landscape plan and design will be reviewed by the Planning Division during the plan check phase. 18. Prior to issuance of building permits, the exterior building amenities, specifically for the roof deck area, as well as materials and finishes, and roof deck railings, and accessibility shall be submitted for review and approval by the Planning Division. This submittal shall include landscape and hardscape details, as well as furniture, any proposed water feature, and/or any recreational amenity. Resolution No. 2006- Page 9 of 11 75A-93 19. Prior to issuance of building permits, details regarding each unit's access to the roof deck, as well as elevator specifications, shall be submitted for review and approval by the Planning Division. 20. Prior to issuance of building permits, details of the building's security feature for visitors to contact individual units for entry shall be submitted to the Planning Division and Police Department for review and approval. 21. Prior to issuance of building permits, submit for review a plan outlining the design of the fire access location, as well as automatic fire sprinklers, fire alarms, and standpipe systems. 22. Prior to issuance of building permits, submit a plan for review indicating the location of utility vaults, transformers, check valves, air conditioning units, and gas and water meters. These appurtenances shall be screened from public view and be integrated into the building's architecture. 23. Prior to issuance of building permits, submit a plan for review indicating the location of all water heaters. These mechanical items are to be within the footprint of the building. 24. Prior to issuance of building permits, submit a Historic American Building Survey (HABS) related to the historic ghost sign on the easterly adjacent building that is completed by a qualified Architectural Historian to the Planning Division for review and archival purposes. 25. Prior to issuance of building permits, submit a proposal for an interpretative sign and display to be mounted on the Fourth Street building fac;ade at street level related to the historic ghost billboard for review and approval by the Planning Division. This interpretative sign shall include photographs of the billboard, as well as a narrative description of the billboard's historical aspects. 26. Prior to issuance of building permits, an address directory/plan with accompanying floor plan must be submitted to the Planning Division for approval. 27. Prior to issuance of building permits, an onsite mailbox location for all units must be submitted to the Planning Division and approved by both Planning and the United States Post Office for location and method of operation. Resolution No. 2006- Page 1 0 of 11 75A-94 28. Prior to issuance of Certificate of Occupancy, a mirror shall be installed in such a way to allow those backing into the alley from the project's parking garage, to see oncoming traffic from said alley. This mirror may not project into the right-of-way. Should the mirror be required to be installed on an adjacent property, an easement shall be obtained from the owner of said adjacent property. 29. Prior to issuance of Certificate of Occupancy, a flashing traffic/warning light shall be installed to alert drivers headed east in the alleyway that a vehicle is emerging from the project's parking garage. Should the flasher be required to be installed on an adjacent property, an easement shall be obtained from the owner of said adjacent property. 30. Prior to issuance of Certificate of Occupancy, the building address number shall be posted on the building's fagade, facing Fourth Street, in a minimum of four-inch letters. 31. Prior to issuance of Certificate of Occupancy, a sign program shall be submitted to the Planning Division for review and approval which includes a building address directory. Resolution No. 2006- Page 11 of 11 75A-95 75A-96