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HomeMy WebLinkAboutReso25-03 (ME-25-02)_1200 N. Tustin AveResolution No. 2025-03 Page 1 of 8 RESOLUTION NO. 2025-03 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA APPROVING MINOR EXCEPTION NO. 2025-02, AS CONDITIONED, TO ALLOW A REDUCTION IN THE NUMBER OF REQUIRED OFF- STREET PARKING, BY NO MORE THAN TWENTY PERCENT, FOR THE DEVELOPMENT OF A NEW OFFICE BUILDING AT 1200 N. TUSTIN AVENUE (APN: 400-152-02) BE IT RESOLVED BY THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Zoning Administrator of the City of Santa Ana hereby finds, determines and declares as follows: A. Selena Kelaher with EPD Solutions, Inc., representing Orange County Employees Retirement System (OCERS) (“Applicant”) and 2223 Wellington Place Corporation (“Property Owner”), is requesting approval of Minor Exception (“ME”) No. 2025-05 to allow a reduction of required off-street parking, by no more than twenty percent, to facilitate the construction of a new three-story 65,768-square foot office building to serve as the headquarters for OCERS at 1200 N. Tustin Avenue (“Project”). B. Pursuant to Section 41-1342 of the Santa Ana Municipal Code (“SAMC”), offices require three parking spaces for each 1,000 square feet of gross floor area. Based on this parking ratio, the Project is required to provide a total 197 parking spaces. C. Pursuant to Section 41-632(a)(3)(g) of the SAMC, applications may be made to obtain a waiver or modification to the minimum required off-street parking, not to exceed more than twenty percent of the required number of off-street parking spaces. D. Pursuant Section 41-638 SAMC, the Zoning Administrator is authorized to review and approve minor exceptions from the development standards set forth by the SAMC. E. On June 18, 2025, the Zoning Administrator held a duly noticed public hearing on ME No. 2025-02. F. Pursuant to Section 41-632(a)(3)(g) of the SAMC, the Planning Manager may grant a minor exception to reduce the number of required off-street parking stalls by no more than twenty percent of the required number of parking stalls. However, since the Applicant is also requesting a minor exception for an increase in building height (ME No. 2025-01), this matter has been forwarded to the Zoning Administrator to review the Project comprehensively and make a determination. Resolution No. 2025-03 Page 2 of 8 G. The Zoning Administrator of the City of Santa Ana determines that the following findings, which must be established in order to grant a minor exception pursuant to Section 41-638.1 of the SAMC, have been established for ME No. 2025-02 to allow a reduction of the required number of off-street parking spaced by no more than twenty percent: 1. That because two or more uses share required parking stalls provided no conflict will arise between parking for one use and parking for another due to differences in time of primary utilization of parking as between such uses. The new building will serve as OCERS headquarters for approximately 121 employees but will also provide a board room for OCERS’ board members to host their board meetings. The primary use has been determined by staff to be office and, therefore, parking is set forth by Section 41- 1342 of the SAMC, which requires three parking spaces for each 1,000 square feet of gross floor area. Based on this parking ratio, the Project requires a total 197 parking spaces. However, this ratio does not consider differences in time of primary uses and secondary uses for which the Applicant is seeking approval of ME No. 2025-02. The proposed building features multiple secondary or ancillary uses that will not be in operation simultaneously. This includes the 3,128-square- foot board room with a closed session office and breakroom; interview rooms on the ground floor; multiple training rooms and workshop/collaboration spaces on the second floor; a 1,303-square-foot café; a 2,178-square foot wellness center; and multiple meeting rooms on the third floor. These amenities are also required to accommodate employees needs and involving workplaces. The Project proposes 160 parking spaces which is more than sufficient for OCERS’ needs. Of the 160 parking spaces, 107 parking spaces will be allocated to its 121 employees, which include full-time and part-time employees with varying working hours, and 46 parking spaces will be allocated to visitors with varying visiting hours. The Project will also provide eight bicycle parking spaces. In addition, the Project site is located in a mode-shift friendly environment with transit, bicycling, and walking amenities that facilitate and encourage alternative modes of transportation, further contributing to reduction in parking demand. Two Orange County Transit Authority (OCTA) routes (Route 60 Long Beach – Tustin and Route 71 Yorba Linda – Newport Beach) are within 0.5 miles of the Project site. No parking deficiencies or traffic congestion is anticipated from the proposed facility. As part of the development process, the Public Works Agency reviewed the Resolution No. 2025-03 Page 3 of 8 Project and did not identify the need for any traffic mitigations. As a condition of approval, staff is recommending that the Applicant prepare a parking management plan in the event that on-site parking becomes a concern. Approval of ME No. 2025-02 is also consistent with other parking reductions recently approved by the Planning Manager (e.g. ME Nos. 2020-01, 2022-01, 2022-02, and 2023-03). H. Approval of Minor Exception No. 2025-02 is consistent and supported by several goals and policies of the General Plan. The Professional and Administrative Office - Medium (PAO-1) land use designation of the General Plan supports the permitting of a variety of office and office-related uses, including professional and administrative office parks, up to three stories in height. Goal 1 of the Land Use Element (LU) encourages a balance of land uses that meet Santa Ana’s diverse needs. Specifically, the Project is consistent with Policy LU-2.1 that encourages a broad spectrum of land uses and development that offer employment opportunities for current and future Santa Ana residents. Policy LU-2.6 promotes rehabilitation/redevelopment of properties that encourage increased levels of capital investments to create a safe and attractive environment. The proposed Project will redevelop an existing lot with a new office that has not been rehabilitated since the 1970s and will provide on-site and off-site improvements that will contribute to creating a safe and attractive environment for the neighborhood. Policy LU-2.7 also supports land use decisions that encourage the retention of businesses in the City. Approval of these minor exceptions will allow OCERS to remain in Santa Ana in a new building that meets their needs. The Project is also consistent with the Economic Prosperity Element (EP) Policy EP-3.4 which encourages the development of “complete communities” that provide a range of housing, services, amenities, and transportation options that support the retention and attraction of skilled workforce and employment. Policy EP-3.6 encourages flexible and up-to- date land use regulations that are responsive to changing business trends, best practices, technological advancements, and community needs. Approval of the requested minor exceptions are consistent with these two policies because the Project will support the retention of employment and it is meeting the needs of OCERS’ and its employees, as they adapt to workplace changes. The Project is consistent with Policy UD-1.1 of the Urban Design Element (UD) which requires that all developments feature high quality design, materials, finishes, and construction. The Project will provide a high-end office environment with amenities and will include building finish materials such as bronze metal panels, perforated metal panels, glass guardrails, and metal building canopies. Lastly, the Project is consistent with Policy UD-2.2 which encourages buffers and other urban design strategies to encourage computability of new development with the scale, bulk, and pattern of Resolution No. 2025-03 Page 4 of 8 existing development. The Project has been designed to be compatible with nearby buildings and it is setback from the adjacent residential development to the northwest of the Project site. Section 2. Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the Project is exempt from further review, pursuant to Section 15302 (Class 2) of the CEQA Guidelines (Replacement or Reconstruction), because the Project is consistent with the applicable general plan designation and applicable general plan policies, as well as with applicable zoning designation and regulations. Moreover, the Project meets the criteria for categorically exempt development projects listed in CEQA Guidelines Section 15302 and it would not have a significant effect on the environment. The above-mentioned analysis and use of a Class 2 Categorical Exemption is supplemented by the analysis provided for this Project. Based on this analysis, a Notice of Exemption, Environmental Review No. 2024-116, will be filed for this Project. Section 3. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, and other and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively “Actions”), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the Project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City’s defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Section 4. The Zoning Administrator of the City of Santa Ana, after conducting the public hearing, hereby approves Minor Exception No. 2025-02 as conditioned in “Exhibit A” attached hereto and incorporated as though fully set forth herein for the Project located at 1200 N. Tustin Avenue. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Zoning Administrator Action dated June 18, 2025, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. Resolution No. 2025-03 Page 5 of 8 ADOPTED this 18th day of June 2025 by the Zoning Administrator. Siri Champion, AICP Zoning Administrator APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Melissa M. Crosthwaite Senior Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, GEMA ZAPIEN, Acting Recording Secretary, do hereby attest to and certify the attached Resolution No. 2025-03 to be the original resolution adopted by the Zoning Administrator of the City of Santa Ana on June 18, 2025. Date: Acting Recording Secretary 06/18/2025 Resolution No. 2025-03 Page 6 of 8 EXHIBIT A Conditions of Approval for Minor Exception No. 2025-02 Minor Exception No. 2025-02 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 California Building Standards Code, and all other applicable regulations. In addition, they 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 minor exception. 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 minor exception. A. Planning Division Conditions: 1. All proposed site improvements must conform to Development Project Review (DP No. 2024-25) and the staff report exhibit. 2. Any amendment to this Minor Exception, including modifications to approved materials, finishes, architecture, site plan, landscaping, parking, and square footages must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or if the Minor Exception must be amended. 3. Prior to submittal into building plan check, a full landscape and irrigation plan is to be submitted to the Planning Division for review and approval. The landscape plan shall conform to the commercial landscape standards, Citywide Design Guidelines, and the City’s Water Efficient Landscape Ordinance. 4. Prior to issuance of a building permit for any onsite grading activities, the Applicant shall provide the Planning Division a proposed construction plan with details on truck routes used for construction traffic and an overall construction schedule. The truck routes shall avoid passage through neighborhoods with sensitive land uses such as school, parks, and residential land uses. 5. The idling of trucks and passenger vehicles on and in the vicinity of the property, including on adjacent streets, is prohibited. 6. Contact information for an onsite manager or other individual responsible for the daily operations during construction shall be posted in a prominent Resolution No. 2025-03 Page 7 of 8 location at the front entry in the event that noise, traffic, and/or parking complaints need reporting. 7. Prior to building permit submittalissuance, a Parking Management Plan (PMP) must be submitted to the Planning Division for review and approval. The PMP shall address measure on how to address parking deficiencies and impacts to the neighborhood should any arise (revised by Zoning Administrator on June 18, 2025). 8. Subject to review and applicability by the Planning and Building Agency, the Community Development Agency, the Public Works Agency, and the City Attorney, to ensure that the property and all improvements located thereupon are properly maintained, Applicant (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the Applicant) shall execute a Property Management Agreement. The Agreement shall be recorded against the property by the City and shall be in a form reasonably satisfactory to the City Attorney. The executed agreement must be submitted to the Planning Division by the Applicant within 90 days of the approval of this Resolution. The Agreement shall contain covenants, conditions and restrictions relating to the following: a. Compliance with operational conditions applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing etc.); b. Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including but not limited to hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses; c. Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable; d. Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable); Resolution No. 2025-03 Page 8 of 8 e. If Developer and the owner of the property are different (e.g., if the Applicant is a tenant or licensee of the property or any portion thereof), both the Applicant and the owner of the property shall be signatories to the Agreement and both shall be jointly and severally liable for compliance with its terms; f. The Agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties, obligations and responsibilities set forth under the Property Maintenance Agreement; and g. The Agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property. The maintenance agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City.