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HomeMy WebLinkAboutRESO 2017-29_2222 E 1st StLS 9.11.17 RESOLUTION NO. 2017-29 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING SITE PLAN REVIEW NO. 2017-08 AS CONDITIONED AND DENSITY BONUS AGREEMENT NO. 2017-01 AS CONDITIONED FOR A NEW AFFORABLE RENTAL SENIOR RESIDENTIAL DEVELOPMENT FOR THE PROPERTY LOCATED AT 2222 EAST FIRST STREET BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Charles Addington, representing Affordable Housing Land Consultants, Inc. (AMG & Associates, hereinafter referred to as "Applicant"), is requesting approval of Site Plan Review No. 2017-08, as conditioned, and Density Bonus Agreement No. 2017-01, as conditioned, to allow the construction of a new 419 -unit affordable rental senior residential community at 2222 East First Street. B. The Metro East Mixed Use overlay district was adopted in 2007 as a result of interest in developing mixed-use residential and commercial projects in its project area. The regulating plan, which establishes land uses and development standards, allows a variety of housing and commercial projects, including mixed-use residential communities, live/work units, hotels, and offices. C. The California Density Bonus law allows developers to seek increases in base density for providing on-site housing units in exchange for providing affordable units on site. To help make constructing on-site affordable units feasible, the law allows developers to seek incentives or waivers that would help the project be built without significant burden and without detriment to public health. D. On September 11, 2017, the Planning Commission of the City of Santa Ana held a duly noticed public hearing and at that time considered all testimony, written and oral. E. Section 41-595.5 of the Santa Ana Municipal Code (SAMC) requires a review by the Planning Commission of all plans within a zoning district classification combined with an OZ suffix where the applicant wants to Resolution No. 2017-29 Page 1 of 9 apply the overlay zone, to ensure the project is in conformity with the overlay zone plan. F. The zoning designation for the subject property is Metro East Mixed Use (MEMU) Overlay Zone (OZ -1) in the Active Urban land use district. G. The Planning Commission determines that the following findings, which must be established in order to grant this Site Plan Review pursuant to SAMC Section 41-595.5, have been established for Site Plan Review No. 2017-08 to allow construction of the proposed project. 1. That the proposed development plan is consistent with and will further the objectives outlined in Section 1.2 for the MEMU overlay district. The proposed development project will be compatible with Section 1.2 (Objectives) of the Metro East Overlay zone. The proposed project will contain 419 residential units (including one manager's unit) without a commercial component. However, it has been designed to feature a large public plaza at its frontage on First Street, an alcove for temporary activities or kiosks, and a large public art piece. Constructing 419 units in the project area will add to the residential population in the area, stimulating demand for community - serving commercial uses such as restaurants, retail stores, dry cleaning services, and other similar uses. Finally, the project meets several General Plan goals and policies, including the Land Use Element's Goal 2 (to encourage diversity of quality housing, affordability levels, and living experiences), Goal 4 (to provide adequate rental and ownership housing and supportive services), and the Housing Element's policies HE -2.3 and 2.4 (to encourage construction of rental housing, facilitate diverse types of housing, prices, and sizing). 2. That the proposed development plan is consistent with the development standards specified in Section 4 of the MEMU overlay district. Although the project complies with the majority of development standards enumerated in the MEMU regulating plan, it does not meet the requirements for publicly - accessible open space, building setbacks, and driveway widths. These standards require approval of incentives/waivers through the Density Bonus Agreement application. Resolution No. 2017-29 Page 2 of 9 3. That the proposed development plan is designed to be compatible with adjacent development in terms of similarity of scale, height, and site configuration and otherwise achieves the objectives of the Design Principles specified in Section 5 of the MEMU overlay district. The proposed development consists of a six -level project surrounded by single -story structures to the east and west. A two-story multiple -family residential community abuts the site to the south, and a single -story commercial development is to the north across First Street. Although the MEMU anticipates developments of this scale or larger in the "Active Urban" land use district, this development would be the first of its size in its immediate vicinity. Design features have been incorporated into the project to reduce its massing and to lessen its impacts on adjacent properties. These include breaking up the building's west elevation through courtyards, setting back the building from the east, south, and west through a minimum 20 -foot wide fire lane, and the planting of rapidly -growing eucalyptus trees with minimum 20 -foot brown trunk height throughout. Finally, the proposal to construct a single structure instead of several is the result of the site's odd shape. Development on the site is further complicated and constrained because the neighboring parcel, although underutilized, is located in the jurisdiction of the City of Tustin. 4. That the land use uses, site design, and operational considerations in the proposed development plan have been planned in a manner that will result in a compatible and harmonious operation as specified in Section 7 of the MEMU overlay district. The proposed project is intended to be a low -impact use. No negative impacts from noise, air quality, aesthetics, or traffic are expected except for temporary impacts arising during construction of the project. The site's design is intended to activate its frontage on First Street by providing flexible community areas that can be programmed with activities or temporary uses, and the landscape palette has been carefully selected to minimize the site's impact on the surrounding low-rise land uses. H. The Planning Commission determines that the following findings, which must be established in order to grant this Density Bonus Agreement pursuant to SAMC Section 41-1607, have been established for Density Bonus Agreement No. 2017-01 to allow construction of the proposed project: Resolution No. 2017-29 Page 3 of 9 1. That the proposed development will materially assist in accomplishing the goal of providing affordable housing opportunities in economically balanced communities throughout the city. The proposed development will provide 418 affordable rental senior housing units (and one on-site manager's unit), contributing toward the City's rental housing stock to serve the needs of diverse and underserved populations. The area in which the project is proposed, the Metro East Mixed Use overlay district, currently contains one market -rate mixed use community and another entitled market -rate mixed use community. The construction of this project will contribute toward an economically balanced community by providing housing for different demographic and income levels in an area rich with employment opportunities, commercial development, and market -rate housing. 2. That the development will not be inconsistent with the purpose of the underlying zone or applicable designation in the general plan land use element. The project site is located in an area already identified in both the City's Zoning Code (the Metro East Mixed Use overlay district) and General Plan (the Land Use and Housing elements) for new residential communities. Moreover, the proposed density of 132 units per acre is consistent with the density bonus provisions in the California Density Bonus Law for senior projects (20 -percent density bonus) and in the City's Housing Opportunity Ordinance (35 - percent density bonus). 3. That the deviation is necessary to make it economically feasible for the Applicant to utilize a density bonus authorized for the development pursuant to section 41-1603. The proposed project requires three deviations through incentives/waivers: publicly -accessible open space, building setbacks (side and rear), and driveway width. The three deviations are described as follows: First, the MEMU regulating plan requires that publicly - accessible open space be provided along main street -facing fagades. Because the project has such a limited frontage on First Street, meeting this requirement would result in the building being pushed back significantly from First Street and would render almost the first 1/3 of the depth unusable for Resolution No. 2017-29 Page 4 of 9 building area, resulting in a significant loss of units and parking area. The Applicant intends to compensate for this reduction by providing a greater average square footage of private/common open space per unit on the project site. Second, for a project of this size and construction type, the Orange County Fire Authority (OCFA) requires 360 -degree circulation on the project site with minimum 20 -foot fire lanes. The addition of landscaping and walkways around the project perimeter results in the project not being able to meet the maximum 10 -foot side yard requirement. Further, for a project of this height, the MEMU requires a 100 -foot rear yard setback. Implementing this standard would result in the building being set back an additional 67 feet from the rear lot line, resulting in a significant loss of units and parking area. Third, if the project was designed with narrower driveways, the driveways would not conform to minimum standards established for fire ingress/egress by OCFA and for trash truck ingress/egress established by the Public Works Agency and Waste Management, the current waste collector contracted by the City. The Applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the project, including, without limitation, any environmental review or approval, except to the extent caused by the sole negligence of the City of Santa Ana. Section 2. In accordance with the California Environmental Quality Act (CEQA), the recommendation is exempt from further review pursuant to Section 15332 (Class 32 "In -Fill Development Projects'). The Class 32 exemption applies to projects characterized as infill development meeting the following conditions: 1. The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulation; 2. The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses; 3. The project site has no value as habitat for endangered, rare or threatened species; 4. Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and 5. The site can be adequately served by all required utilities and public services. The project is consistent with the City's General Plan and the MEMU regulating plan. The project meets several General Plan goals and policies, including the Land Use Element's Goal 2 (to encourage diversity of quality housing, affordability levels, and Resolution No. 2017-29 Page 5 of 9 living experiences), Goal 4 (to provide adequate rental and ownership housing and supportive services), and the Housing Element's policies HE -2.3 and 2.4 (to encourage construction of rental housing, facilitate diverse types of housing, prices, and sizing). Further, it is consistent with the density bonus provisions outlined in the City's Housing Opportunity Ordinance. The project site is located within city limits and is less than five acres in size. It is already in an urbanized setting surrounded by urban uses, and the project has not been identified as habitat for endangered, rare or threatened species. The project site and type of development proposed are already addressed in the previously approved environmental impact report (EIR) for the MEMU overlay district (EIR No. 2006-01). However, a Class 32 exemption is required for the project because the original EIR did not require a greenhouse gas study. The Applicant submitted a greenhouse gas study to indicate that the project will not negatively impact greenhouse gas reduction goals. In addition, a health risk assessment (HRA) was prepared to identify any impacts from developing a residential community adjacent to a freeway. The HRA recommends that the project incorporate certain window design features on freeway -facing elevations for all units adjacent to the SR -55 freeway, and that the project install air filtration systems throughout. Section 3. The Planning Commission of the City of Santa Ana, after conducting the public hearing, hereby approves Site Plan Review No. 2017-08 and Density Bonus Agreement No. 2017-01 as conditioned in Exhibit A attached hereto and incorporated as though fully set forth herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated September 11, 2017, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 11th day of September 2017 by the following vote: AYES: Commissioners: Alderete, Bacerra, McLoughlin, Mendoza, Verino (5) NOES: Commissioners: Contreras -Leo, Nguyen (2) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: None (0) C Mark WLoughlin Chairman Resolution No. 2017-29 Page 6 of 9 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: lel' Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, ROSA BARELA, Acting Recording Secretary, do hereby attest to and certify the attached Resolution No. 2017-29 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on September 11, 2017. Date: `�%II�l �l cow' 11�k- %' Acting Recording Secretary City of Santa Ana Resolution No. 2017-29 Page 7 of 9 Conditions for Approval for Site Plan Review No. 2017-08 and Density Bonus Agreement No. 2017-01 Site Plan Review No. 2017-08 and Density Bonus Agreement No. 2017-01 are approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. In addition, it shall meet the following conditions of approval: The Applicant must comply with each and every condition listed belowrip or 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 to the Site Plan Review approval of DP No. 2016-20. 2. Any amendment to this site plan review, including modifications to approved materials, finishes, architecture, site plan, landscaping, unit count, mix, and square footages must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or if the site plan review must be amended. - - -- ACT Mwl"_Tz WIN -- - - ■ - - - - Ilk■ - 4. A residential property manager shall be on site at all times that the project is occupied. 5. All mechanical equipment shall be screened from view from public and courtyard areas. 6. A final detailed amenity plan must be reviewed and approved prior to issuance of any building permits. The plan shall include details on the hardscape design, lighting concepts and outdoor furniture for amenity, plaza, or courtyard areas as Resolution No. 2017-29 Page 8 of 9 well as an installation plan. The exact specifications for these items are subject to the review and approval by the Planning Division. 7. Prior to installation of landscaping, the Applicant shall submit photos and specifications of all trees to be installed on the project site for review and approval by the Planning Division. Specifications shall include, at a minimum, the species, box size, brown trunk height, and name and location of the supplier. 8. After project occupancy, landscaping and hardscape materials must be maintained as shown on the approved landscape plans. 9. A Resident Storage Plan shall be provided for the project prior to occupancy. Storage shall be available at no cost to the residents. 10. Submit a construction schedule and staging plan to the Planning Division for review and approval. The plan shall include construction hours, staging areas, parking and site security/screening during project construction. Resolution No. 2017-29 Page 9 of 9