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HomeMy WebLinkAbout2013-054 - Approving Mitigated Negative Declaration and Mitigation Monitoring ProgramROH — 11/04/13 RESOLUTION NO. 2013 -054 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM, ENVIRONMENTAL REVIEW NO. 2013 -14, AND APPROVING SITE PLAN REVIEW NO. 2013 -05 AS CONDITIONED FOR THE PROPERTY LOCATED AT 301 EASTJEANETTELANE 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. Vineyard Development is requesting approval of an amendment to an existing specific development zone (zoning ordinance amendment) and site plan review to allow the construction of a multi - family residential project with 182 units at 301 East Jeanette Lane. B. The Planning Commission of the City of Santa Ana held a duly noticed public hearing on October 14, 2013, and voted to recommend that the City Council: 1. Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2013 -14. 2. Adopt an ordinance approving Zoning Ordinance Amendment No. 2013 -03 to amend Specific Development District No. 59 (SD -59). 3. Adopt a resolution approving Site Plan Review No. 2013 -05 as conditioned. C. The Applicant is requesting site plan approval for the project (Site Plan Review No. 2013 -05). The zoning designation for the subject property is Specific Development District No. 59 (SD -59). 1. Section 41- 593.5(c) of the Santa Ana Municipal Code requires review of all plans within a specific development plan area to ensure the project is in conformity with the Specific Plan. 2. Considering adoption of the amendments to SD -59 requested by the applicant, the project is in compliance with all applicable development standards outlined within the Specific Development Plan (SD -59). Resolution No. 2013 -054 Page 1 of 10 3. Considering adoption of the amendments to SD -59 requested by the applicant, the project has been determined to be in compliance with applicable parking, landscaping and architectural provisions governing the project. 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. 2013 -14, 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 mitigated 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 ") § 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 § 711.2 and Title XIV, CCR § 735.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 3. The Housing Opportunity Ordinance, section 41 -1904 of the Santa Ana Municipal Code, allows payment of a fee if substantial evidence supports that the cost of providing inclusionary units on -site would substantially exceed the amount of the in -lieu fee. The amount of the fee is based on the affordability gap associated with fulfilling the required affordable housing units on site. With respect to The 301 residential development project, the fee calculation is based on the affordability gap of $10,900 per unit, which equates to a total in -lieu fee of $1,977,000, and by code requires payment prior to issuance of a building permit for any portion of the project. After review and consideration of this project, the City Council hereby finds and determines that the cost to provide the inclusionary units on -site exceeds the amount of the calculated in -lieu fee. The Housing Opportunity Ordinance, section 41 -1905 of the Santa Ana Municipal Code, also requires that the City Council review and approve any Inclusionary Housing Plan that includes alternatives to on -site units. Section 4. The City Council of the City of Santa Ana after conducting the public hearing hereby approves: Resolution No. 2013 -054 Page 2 of 10 A. Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2013 -14. B. Site Plan Review No. 2013 -05 as conditioned in Exhibit "A" attached hereto and incorporated herein. C. Inclusionary Housing Plan and Agreement authorizing the payment of an in -lieu fee in the amount of $1,977,000. These decisions are based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Council Action dated November 4, 2013, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. Section 4. This Resolution shall not be effective unless and until Ordinance No. NS -2854 becomes effective. If said ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise does not go into effect for any reason, then this resolution shall be null and void and have no further force and effect. Section 5. This decision rendered by the City Council of the City of Santa Ana is final and is subject to judicial review pursuant to California Code of Civil Procedure section 1094.6. The Planning Department shall give direct notice to the applicant of the Council's decision and these findings. ADOPTED this 4th day of November, 2013 Resolution No. 2013 -054 Page 3 of 10 APPROVED AS TO FORM: Sonia R. Carvalho City Attg yey Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers Benavides Martinez Pulido, Reyna, Sarmiento, Tinaiero (6) None (0) Amezcua (1) NOT PRESENT: Councilmembers None (0) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2013 -054 to be the original resolution adopted by the City Council of the City of Santa Ana on November 4, 2013. Date: li C Clerk of the Council City of Santa Ana Resolution No. 2013 -054 Page 4 of 10 Conditions for Approval for Site Plan Review No. 2013 -05 Site Plan Review No. 2013 -05 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 California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below rip or to exercising the rights conferred by this site plan review approval. The applicant must remain in compliance with all conditions listed below throughout the life of the site plan review approval. Failure to comply with each and every condition may result in the revocation of the site plan review approval. A. Planning Division 1. All proposed improvements must conform to the Site Plan Review approval of DP No. 2012 -45 and the staff report exhibits. 2. Any amendment to this plan must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the site plan review must be amended. 3. Landscaping, once installed, shall be maintained per the approved landscape plan. After project occupancy, landscaping is to be maintained to include the minimum level of plant materials installed at the time of occupancy and per the approved plan. 4. A Parking Management Plan documenting how the tandem parking stalls along with other parking operation will function must be submitted and approved prior to submittal into building plan check. The project shall incorporate on -site professional property management for the residential component. 5. Prior to submittal into building plan check, detailed elevations, shall be submitted to include exterior finishes, materials, and colors subject to approval of the Planning Division. 6. A Public Art Plan which proposes a specific work(s) of art for a specific location(s) shall be submitted to the Planning Commission for review and approval. Such work of art shall be equal to one -half of one percent (.5 %) of the value of the project, as determined by standard building permit valuation, for the installation on the site, at a prime location visible to the public, of permanent work(s) of public art. The work(s) of public art shall be in place no later than the first certificate of occupancy for the project and shall be maintained in perpetuity by the property owner(s). Resolution No. 2013 -054 Page 5 of 10 SPR NO. 2013 -05 OCTOBER 14, 2013 PAGE 2 OF 6 7. After project occupancy, landscaping is to be maintained to include the minimum level of plant materials installed at the time of occupancy as required by the approved plans. 8. A detailed amenity courtyard plan must be reviewed and approved prior to issuance of any building permits. The plan shall include details on the hardscape design, lighting concepts and outdoor furniture for the amenity deck as well as an installation plan. The exact specifications for these items are subject to the review and approval of the Planning Division. The amenity courtyards shall be maintained in the same condition as installed at the time of occupancy. 9. A detailed water feature plan must be reviewed and approved prior to issuance of any building permits. The plan shall include a minimum of one water feature within each courtyard, and also at one prominent project entry location that is visible to the public, and include elevations, hardscape design, lighting concepts and an installation plan. The exact specifications for these items are subject to review and approval of the Planning Division. The water feature(s) shall be maintained in the same condition as installed at the time of occupancy. 10. At a minimum, the following items must be included as exterior amenities for the development: bike racks, enhanced paving on the walkways, outdoor firepits, barbeque and a pool on the amenity deck. The exact specifications for these items are subject to the review and approval of the Planning Division. 11. An interior building amenity plan of the Exercise Room, Leasing Office and lobbies must be reviewed and approved prior to issuance of any building permits. The plan shall include details on the various finishes and equipment to be provided in these rooms. The exact specifications for these items are subject to the review and approval of the Planning Division. 12. The following items must be included as interior amenities within the common areas: granite counter tops and hardwood flooring or equivalent. The exact specifications for these items are subject to the review and approval of the Planning Division. Resolution No. 2013 -054 Page 6 of 10 SPR NO. 2013 -05 OCTOBER 14, 2013 PAGE 3 OF 6 13. The following items must be included as interior amenities within each unit: granite counter tops or equivalent, hardwood flooring or equivalent, General Electric Monogram appliances or equivalent, tiled bathroom and shower walls, stain grade hard wood cabinets and individual laundry hook -ups. The exact specifications for these items are subject to the review and approval of the Planning Division. 14. An elevator lobby plan of each lobby must be reviewed and approved prior to issuance of any building permits. The plan shall include details on the finishes and flooring to be provided. The exact specifications for these items are subject to the review and approval of the Planning Division. 15. Pedestrian walkways shall be provided through the project. The amenities to be provided along this pathway shall include decorative concrete and paving, accent lighting, and landscape planters. The materials and design of the walkway is subject to the review and approval of the Planning Division. 16. A Resident Storage Plan shall be provided for the project. Storage shall be available at no cost to the residents. 17. Cast iron drain pipes shall be provided for the project. 18. Smart wiring, including cable television and high -speed cable for computers, shall be provided for each unit and within the project's common areas. 19. Signage to direct guests to the parking structure shall be provided. A directional sign plan needs to be submitted and approved by the Planning Division prior to issuance of a certificate of occupancy. 20. Construction workers for the project shall be prohibited from parking in the adjacent neighborhoods. 21. Prior to issuance of building permits, a Waste Management Plan shall be submitted to the Planning Division and Public Works Agency for approval. The plans shall include information on items such as pick -up, delivery, and types of bins required. The plan shall fully address operational as well as daily management functions and responsibilities. Resolution No. 2013 -054 Page 7 of 10 SPR NO. 2013 -05 OCTOBER 14, 2013 PAGE 4 OF 6 22. Prior to occupancy of any units, a rental housing execution plan must be submitted to the Planning Division for review and approval. At a minimum, the plan shall identify the location of employee and visitor parking, the location of the rental office, hours of operation for the rental office, and signage affiliated with the Rental Housing Operational Plan. In addition, the rental plan must clearly note that the parking and project amenities must be provided free of charge to the residence. 23. Prior to submittal into building plan check, the design for the courtyard gates shall be submitted to the Planning Division for approval. The fences /gates shall be decorative and ornamental in nature as they are the entries to the interior courtyards. 24. The following best management practices (BMPs) need to be incorporated into the project construction and operation to minimize green house gas impacts: a. Install energy efficient lighting, appliances, heating, and cooling systems. b. Install efficient lighting for street and other outdoor lighting. C. Reduce unnecessary outdoor lighting. d. Provide education on energy efficiency to residents and /or tenants. e. Install water - efficient irrigations systems and devices. f. Design buildings to be water- efficient. Install water - efficient fixtures and appliances. g. Provide education about water conservation. h. Provide easy and convenient recycling opportunities for residents and tenants. i. Provide education on recycling waste. B. Police Department 1. The applicant will be required to submit a security plan for the proposed project to the Police Department prior to the Planning Commission hearing. The plan will be required to outline hours of operation for the parking structure (secured /open), a duress alarm system for the parking structure and an access control system for the perimeter of the building. 2. Resident parking must be physically separated and secured from all guest parking. Resolution No. 2013 -054 Page 8 of 10 SPR NO. 2013-05 OCTOBER 14, 2013 PAGE 5 OF 6 3. Parking structure and buildings: Each door within the structure and building leading into a stairwell, lobby, storage area must be outfitted with a 100 square inch fire rated window. Convex mirrors minimum of 12 inch in diameter must be provided at each stairwell landing and at each corner along a walkway. The last flight of each stair must be fully enclosed at its base. 4. Elevator lobbies must be glass encased (glass entry doors) to provide the user with maximum visibility. Elevators are to be equipped with minimum 12- inch shatterproof convex mirrors or are to have mirrored backing. 5. All parking structures vehicular entrances are to be secured with a rolling grille and outfitted with a Police Department sub mastered Knox Box. 6. Parking structure first floor exits are to be designed to allow emergency egress only with no exterior hardware. 7. Building /unit addressing is to comply with emergency service standards of the City of Santa Ana. 8. Lobby doors are to be equipped with a Police Department approved access control system. 9. Provide a minimum 100 square inch window in the trash room doors. 10. Parking Structure elevators to be equipped with an approved access control system. C. Orange County Fire Authority 1. Prior to issuance of a grading permit or a building permit, if a grading permit is not required: a. fire master plan with alternate material and method (service code PR145 and PR910) b. architectural (service codes PR264- PR272, full review) C. hazardous materials compliance and chemical classification (service codes PR315- PR328) d. underground piping for private hydrants and fire sprinkler systems (service code PR470- PR475) Resolution No. 2013 -054 Page 9 of 10 SPR NO. 2013 -05 OCTOBER 14, 2013 PAGE 6OF6 a f. Resolution No. 2013 -054 Page 10 of 10 fire sprinkler system and standpipe system (service codes PR440 and PR460) fire alarm system (service codes PR520)