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HomeMy WebLinkAbout2013-055 - Tentative Tract Map No. 2013-04ROH — 11/04/13 RESOLUTION NO. 2013 -055 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING VESTING TENTATIVE TRACT MAP NO. 2013 -04 AS CONDITIONED AND APPROVING SITE PLAN REVIEW NO. 2013 -03 AS CONDITIONED FOR THE PROPERTY LOCATED AT 1901 EAST FIRST STREET 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. The Applicant is requesting approval of an addendum to a final environmental impact report, an amendment to a development agreement, a vesting tentative tract map, and a site plan review to allow the construction of a new multi- family residential development at 1901 East First Street. B. The Planning Commission has, following a duly noticed public hearing, on August 26, 2013, recommended the approval of the following items: 1. Adopt a resolution approving the Addendum to the Final Environmental Impact Report No. 2006 -01 and approve the Mitigation Monitoring and Reporting Program. 2. Adopt an ordinance approving the first amendment to Development Agreement No. 2007 -01. 3. Adopt a resolution approving Vesting Tentative Tract Map No. 2013 -04 as conditioned. 4. Adopt a resolution approving Site Plan Review No. 2013 -03 as conditioned. C. On September 16, 2013 the City Council of the City of Santa Ana held a duly noticed public hearing to consider all testimony, written and oral. After the public hearing, the City Council continued the matter to October 21, 2013. On October 21, 2013, the City Council approved the Addendum to the Final Environmental Impact Report No. 2006 -01 and request for approval of the first amendment to Development Agreement No. 2007 -01. On November 18, 2013, the City Council further considered all testimony, written and oral, pertaining to the applicant's request for approval of Vesting Tentative Tract Map No. 2013 -04 and request for approval of Site Plan Review No. 2013 -03. Resolution No. 2013 -055 Page 1 of 15 D. Vesting Tentative Tract Map No. 2013 -04 has been filed seeking approval of a vesting tentative tract map for condominium purposes. To adopt a Vesting Tentative Tract Map, California Government Code Section 66474 requires the following findings: The proposed project, as conditioned, and its design and improvements are consistent with the District Center designation on the General Plan and are otherwise consistent with all other elements of the General Plan. The proposed subdivision, Vesting Tentative Tract Map No. 2013 -04, will be consistent with the proposed District Center land use designation and density prescribed and all other elements of the General Plan. Policy No. 1.3 of the General Plan Land Use Element encourages high - density residential development within the City's District Centers. Further, Policy No. 1.4 promotes the maintenance and fostering of a variety of residential land uses in the City. The proposed project, as conditioned, conforms to all applicable requirements of the zoning and subdivision codes as well as other applicable City ordinances. The proposed subdivision conforms to the minimum condominium requirements, as well as meets the letter and intent of the State of California Subdivision Map Act Provisions. Tentative Tract Map No. 2013 -04 is in keeping with the site plan review for the project as well as Chapters 34 and 41 of the Santa Ana Municipal Code. Covenants, Conditions and Restrictions (CC &Rs) are required for the project, which need to be approved by the City prior to the recordation of the final map. iii. The project site is physically suitable for the type and density of the proposed project. The proposed site consists of approximately five acres of land within the Metro East Mixed Use Overlay Zone, which is physically suitable for the residential development as proposed. Access to the site will occur on First Street and Cabrillo Park Drive. There are no physical constraints on the site to preclude development. Resolution No. 2013 -055 Page 2 of 15 iv. The design and improvements of the proposed project will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. An Environmental Impact Report (EIR), as well as an addendum to the certified EIR, was prepared pursuant to the California Environment Quality Act for the project. The project site is located in an urbanized area, and there are no known fish or wildlife populations existing on the project site. Therefore, the proposed subdivision will not cause any substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. V. The design or improvements of the proposed project will not cause serious public health problems. The proposed subdivision will not have any detrimental effects upon the general public. The short-term and long -term unavoidable adverse impacts identified in Environmental Impact Report No. 2006 -01, and affirmed by the recently completed addendum to the EIR, as it pertains to air quality and traffic, were addressed by the adoption of a statement of Overriding Considerations by the City Council. Any other negative or adverse impacts will be mitigated through mitigation measures identified in Environmental Impact Report No. 2006 -01. vi. The design or improvements of the proposed project will not conflict with the easements acquired by the public at large for access through or use of property within the proposed project. There is no easement for public access currently existing on this property. Therefore, the proposed project will not conflict with easements necessary for public access through or use of the property. However, the applicant will be granting an easement for pedestrian purposes over the northern portion of the site, which will allow public access throughout the Metro East area. E. Applicant has requested approval of Site Plan Review No. 2013 -03 as conditioned. Resolution No. 2013 -055 Page 3 of 15 1. Section 41 -595.5 of the Santa Ana Municipal Code requires a review by the Planning Commission of all plans within a specific development plan area to ensure the project is in conformity with the Specific Plan. 2. Based on the following review, the project is in compliance with all applicable development standards outlined within the Metro East Mixed Use (MEMU) Overlay Zone: i. Is the proposed development plan consistent with and will further the objectives outlined in Section 1.2 for the MEMU Overlay Zone? The proposed mixed -use development project by Lyon Communities will be compatible with Section 1.2 (Objectives) of the Metro East Overlay zone as the project will be a mixed use project that will allow persons to live, work and shop in the immediate area. Further, the project will incorporate an active streetscape that will integrate the private development with the public realm and will assist in creating a distinct identity for the district. ii. Is the proposed development plan consistent with the development standards specified in Section 4 of the MEMU Overlay Zone? The proposed project is consistent with Section 4 (Development Standards) of the MEMU zone. The project is in compliance with the various development standards for the Active Urban District, including setbacks, parking, lot size and open space. iii. Is the proposed development plan designed to be compatible with adjacent development in terms of similarity of scale, height, and site configuration and otherwise achieves the objectives of the Design Principles specified in Section 5 of the MEMU Overlay Zone? The project site is compatible with adjacent development and achieves the design principles outlined in Section 5 (Design Principles) of the MEMU plan. The project is in close proximity to several mid - rise buildings in the area and has been designed to complement these developments. Further, the project incorporates a variety of architectural materials, massing and ground floor uses that are compatible with the MEMU plan. Resolution No. 2013 -055 Page 4 of 15 iv. Have the land use uses, site design, and operational considerations in the proposed development plan been planned in a manner that will result in a compatible and harmonious operation as specified in Section 7 of the MEMU Overlay Zone? The proposed project has been designed to be compatible and identified in Section 7 (Operational Standards) of the MEMU plan. The projects windows, lighting and operational hours will result in a project that will not impact the proposed residential uses or the adjacent commercial and office uses. Section 2. The City Council previously approved and adopted Final Environmental Impact Report No. 2006 -01. In accordance with the California Environmental Quality Act, an Addendum to the Final Environmental Impact Report No. 2006 -01 and the mitigation monitoring and reporting program was prepared for this project. Based upon the studies, the City Council determined that there were no new significant impacts or any increases in the severity of the impacts previously identified in the original Environmental Impact Report. The City Council approved the Addendum to the Final Environmental Impact Report No. 2006 -01 and approved the mitigation monitoring and reporting program on October 21, 2013. Section 3. The City Council of the City of Santa Ana after conducting the public hearing hereby approves: A. Vesting Tentative Tract Map No. 2013 -04 as conditioned in Exhibit "A" attached hereto and incorporated herein for the multi - family residential development located at 1901 East First Street. B. Site Plan Review No. 2013 -03 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 Council Action dated September 16, 2013, and exhibits attached thereto; the Request for Council Action dated November 18, 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 -2850 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. Applicant has requested the approval of the above entitlements which are incompatible with previously granted entitlements. As such, any and all previously Resolution No. 2013 -055 Page 5 of 15 approved inconsistent entitlements are hereby null and void and of no further force and effect. Section 6. 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 and Building Agency shall give direct notice to the applicant of the Council's decision and these findings. ADOPTED this 18th day of November, 2013. Miguel A. LPulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney B <- y n O. Hod gle ssistant City Attorney AYES: Councilmembers: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) NOES: Councilmembers: None (0) ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Resolution No. 2013 -055 Page 6 of 15 None (0) 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 -055 to be the original resolution adopted by the City Council of the City of Santa Ana on November 18, 2013. Date: / / 3 Clerk-of the Council City of Santa Ana Resolution No. 2013 -055 Page 7 of 15 Conditions for Approval for Vesting Tentative Tract Map No. 2013 -04 Should the Planning Commission approve Vesting Tentative Tract Map No. 2013 -04, the approval is 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 riQ or to exercising the rights conferred by this vesting tentative tract map. The applicant must remain in compliance with all conditions listed below throughout the life of the vesting tentative tract map. Failure to comply with each and every condition may result in the revocation of the vesting tentative tract map. A. Planning Division 1. Comply with all conditions and requirements from the Development Review Committee (DRC) for the development project (DP No. 2013 -17). 2. Covenants, Conditions and Restrictions (CC &Rs) for this project must be reviewed and approved prior to approval of the final tract map. At a minimum, the CC &Rs shall include provisions pertaining to owner occupancy, restrictions on home -based businesses, the prohibition of storage on balconies, and a restriction on truck delivery hours to non -peak periods. 3. All real estate signage must be removed from the site within one year from the date of installation. An extension of time may be granted as determined by the Planning Manager. 4. The final map must be approved and recorded prior to the sale of the first unit. 5. The final map and all improvements required to be made or installed by the subdivider must be in accordance with the design standards and specifications of the Santa Ana Municipal Code and the requirements of the State Subdivision Map Act. 6. Development within the area of the map is subject to development and permit fees in effect at the time of permit issuance. 7. Development within the area of the map is subject to design and development standards in effect at the time of permit issuance. Exhibit "A" Resolution No. 2013 -055 Page 8 of 15 AUGUST 26, 2013 PAGE 2OF3 8. Two copies of the recorded final map and CC &Rs shall be submitted each to the Planning Division, Fire Department, Building Division, and Public Works Agency within 10 days of recordation. 9. Pursuant to Section 66474.9(b) of the Subdivision Map Act, the applicant shall defend, indemnify, and hold harmless the City, and its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, any approval of the City concerning this subdivision application, which action is brought within the time period provided for in Section 66499.37. 10. Prior to the issuance of any building permit, a fence plan for the east property line shall be submitted to the Planning Division for review and approval. The plan shall depict a minimum eight foot high block wall to be built along the northern 220 feet of the east property line, with a decorative wrought iron fence with pilasters built along the remaining length of the property line. The fence shall be installed prior to the occupancy of any units. The fence shall also be subject to the review and approval by the Orange County Flood Control District, or any other required reviewing agency. 11. The required Inclusionary Housing Plan and Inclusionary Housing Agreement shall comply with the procedures for establishing eligibility and applicant priority contained within the Housing Element as it may be adopted and amended by the City Council. At a minimum these eligibility criteria shall give priority to tenants /buyers whose household income is on the lower end of the applicable income range and tenants /buyers who are residents of Santa Ana. The provisions of the Inclusionary Housing Plan must be fully implemented prior to any issuance of Certificate of Occupancy. B. Police Department 1. A security plan must be submitted to the Police Department at the plan check stage for approval. 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 and parking structure. Resolution No. 2013 -055 Page 9 of 15 AUGUST 26, 2013 PAGE 3OF3 2. Resident parking must be physically separated and secured from all guest parking. 3. Each door within the parking structure and buildings leading into a stairwell, lobby or storage area must be outfitted with a 100 square inch fire rated window. Convex mirrors a minimum of 12- inches in diameter must be installed at each stairwell landing and at each corner along a walkway. The last flight of stairs 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 backings. 5. All parking structure 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 and unit addressing must comply with the City's emergency service standards. 8. Lobby doors must 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 must be equipped with an approved access control system. 11. Provide a photometric study showing compliance with the 1 footcandle requirement for all walkways and the parking structure. 12. The townhome parking garage space within the parking structure must be equipped with a grille or door. Resolution No. 2013 -055 Page 10 of 15 Conditions of Approval for Site Plan Review No. 2013 -03 Site Plan Review No. 2013 -03 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, 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. A. Planning Division 1. All proposed site improvements must conform with the Site Plan Review approval of DP No. 2013 -17. 2. Any amendment to this site plan review must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or if the site plan review must be amended. 3. Prior to submittal into building plan check, a project phasing plan shall be submitted to the Planning Division for review and approval. The phasing plan shall include a landscape plan identifying the treatment of the remainder building site. 4. The project shall incorporate on -site professional property management for the residential component. 5. Balconies for the project shall maintain a minimum dimension of not less than five feet in any direction. 6. Balconies for the project shall incorporate the use of stainless steel railings. 7. Covenants, Conditions and Restrictions (CC &Rs) for this project must be reviewed and approved prior to approval of the final tract map. At a minimum, the CC &Rs shall include provisions pertaining to owner occupancy, restrictions on home -based businesses, the prohibition of storage on balconies, and a restriction on truck delivery hours to non -peak periods. Exhibit "B" Resolution No. 2013 -055 Page 11 of 15 AUGUST 26, 2013 PAGE 2OF5 8. All parking for the project shall be made available free of charge. Parking spaces for each unit shall be provided as a part of the deed for each dwelling unit. 9. 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. 10. A detailed amenity deck 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 Manager. The amenity deck shall be maintained in the same condition as installed at the time of occupancy. 11. 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 the motor court, 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. 12. At a minimum, the following items must be included as exterior amenities for the development: bike racks, enhanced paving on the walkways, an outdoor fireplace, 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. 13. An interior building amenity plan of all common areas (recreation room, meeting rooms, fitness rooms and lobbies) must be reviewed and approved prior to issuance of any building permits. The plan shall include details on the various finishes, furniture and equipment to be provided in these rooms. The exact specifications for these items are subject to the review and approval of the Planning Manager. Resolution No. 2013 -055 Page 12 of 15 AUGUST 26, 2013 PAGE 3OF5 14. An interior amenity plan for the units must be reviewed and approved prior to issuance of any building permits. The plan shall include details on the various finishes, furniture and equipment to be provided in these rooms. Examples of a level of quality required for the project include 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 Manager. 15. 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 Manager. 16. 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. 17. 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. All public art approved by the Planning Commission shall be completely installed prior to the issuance of a certificate of occupancy for the project. 18. A detailed landscape plan must be reviewed and approved prior to issuance of any building permits. In addition to the landscaping palette, the plan shall include details on the hardscape design, lighting concepts and outdoor furniture. At a minimum, the project shall incorporate the amount and size of landscaping as shown on the preliminary landscape plan. The exact specifications for these items are subject to the review and approval of the Planning Division. 19. The following items must be included as interior amenities within the common areas: granite counter tops, hardwood flooring or equivalent, and gas fireplaces. The exact specifications for these items are subject to the review and approval of the Planning Division. Resolution No. 2013 -055 Page 13 of 15 AUGUST 26, 2013 PAGE 4OF5 20. 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. 21. A Resident Storage Plan shall be provided for the project. Storage shall be available at no cost to the residents. 22. Cast iron drain pipes shall be provided for the project. 23. Smart wiring, including cable television and high -speed cable for computers, shall be provided for each unit and within the project's common areas. 24. Construction workers for the project shall be prohibited from parking in the adjacent neighborhoods. 25. 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. 26. 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. 27. The following best management practices (BMPs) need to be incorporated into the project construction and operation to minimize greenhouse 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. Resolution No. 2013 -055 Page 14 of 15 AUGUST 26, 2013 PAGE 5 OF 5 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. 28. Prior to the issuance of any building permit, a fence plan for the east property line shall be submitted to the Planning Division for review and approval. The plan shall depict a minimum eight foot high block wall to be built along the northern 220 feet of the east property line, with a decorative wrought iron fence with pilasters built along the remaining length of the property line. The fence shall be installed prior to the occupancy of any units. The fence shall also be subject to the review and approval by the Orange County Flood Control District, or any other required reviewing agency. 29. The required Inclusionary Housing Plan and Inclusionary Housing Agreement shall comply with the procedures for establishing eligibility and applicant priority contained within the Housing Element as it may be adopted and amended by the City Council. At a minimum these eligibility criteria shall give priority to tenants /buyers whose household income is on the lower end of the applicable income range and tenants /buyers who are residents of Santa Ana. The provisions of the Inclusionary Housing Plan must be fully implemented prior to any issuance of Certificate of Occupancy. Resolution No. 2013 -055 Page 15 of 15