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HomeMy WebLinkAboutRESO 2018-04_201 E 4th Street VAR ParkingRESOLUTION NO. 2018-04 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2018-01 AS CONDITIONED TO ALLOW OFF-SITE PARKING AND A REDUCTION IN REQUIRED OFF- STREET PARKING FOR THE PROPERTY LOCATED AT 201 EAST FOURTH 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. East End Realty Partners LP ("Applicant') is requesting approval of Variance No. 2018-01 to allow for off-site parking and reduced off-street parking for a multi -family project of 24 residential studio units proposed at 201 East Fourth Street. B. Section 41-2011 (d) of Specific Development No. 84 (SD No. 84/Transit Zoning Code) establishes the off-street parking standard for the conversion of an existing building to a new use in the Downtown land use district. Pursuant to Santa Ana Municipal Code requirements, a minimum of 2.15 spaces per unit (52 spaces) are required. The Applicant is requesting a variance to allow for 1.5 spaces per unit (36 spaces) and to allow for off-site parking at the parking structure located to the north at 300 East Fifth Street. C. Section 41-2005 establishes that variance applications shall be subject to Santa Ana Municipal Code Chapter 41, Article V. D. On January 22, 2018, the Planning Commission held a duly noticed public hearing on Variance No. 2018-01. E. The Planning Commission of the City of Santa Ana determines that the following findings, which must be established in order to grant this variance pursuant to Santa Ana Municipal Code Section 41-638, have been established for Variance No. 2018-01 to allow off-site parking and a reduction in required off-street parking for the subject property: 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, that the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this Chapter. Resolution No. 2018-04 Page 1 of 8 The project site has special circumstances that warrant approval of a variance. When the building was constructed in 1986, it was developed as part of Fiesta Marketplace, a redevelopment plan featuring a master planned retail, commercial and entertainment center that utilized public parking structures to meet parking demands. At the time that the building was constructed the Transit Zoning Code development standards were not in place. To comply with the current development standards for off-street parking, the existing building would have to be demolished to provide on- site parking. This would result in the demolition of a major community amenity, known as Fourth Street Market, and would be a significant burden on the property owner. The building is located in the core of Downtown Santa Ana, an environment that is pedestrian -oriented due to the close proximity of places to live and work and connections to an intricate transportation network with various modes of transportation available such as rail, bus, and bicycle. In addition, the proposed Fixed Guideway (OC Streetcar) route is along Fourth Street and will increase transportation options for residents as it will provide direct access to the Santa Ana Regional Transportation Center, a regional rail 4 line, and 18 Orange County Transit Authority bus routes. There are a variety of retail, service, eating and entertainment establishments and parks within walking distance of the site further reducing the need for a vehicle and creating a site that prime for transit -oriented development. As a result, special circumstances exist that support a variance for off-site parking and reduced off-street parking. 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of the variance is necessary for the preservation and enjoyment of substantial property rights. To develop 24 multi -family housing units the Transit Zoning Code requires a total of 52 parking spaces (2 per unit and .15 guest spaces per unit). The Transit Zoning Code does not stratify parking by bedroom count, therefore a development such as the proposed project with all studio units is subject to the same standards as a development with two or three bedroom units. The prescribed parking ratio creates a substantial burden for the developer as they are proposing studio units, but are subject to the same requirements as larger or mixed Resolution No. 2018-04 Page 2 of 8 multi -family developments. In addition, cities with similar downtown environments such as Long Beach and Los Angeles require one space per studio unit instead of the 2.15 spaces required by the Transit Zoning Code. Allowing a reduction in parking for the studio units will support continued development in the downtown area. Therefore, granting of the variance is necessary for the preservation and enjoyment of substantial property rights and will preserve the property owner's right to develop on the site with a use that is allowed in the zoning district and will assist in revitalizing the area, which preserves the property owner's right to upgrade and develop their property. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. Granting the variance will not be detrimental to the public welfare or injurious to the surrounding properties. The public parking structure contains approximately 700 spaces, only a portion of which would be reserved for exclusive use for the residential project and the remainder would remain accessible to the public. Typically, the parking structure is at 40 percent capacity on weekdays and 60 percent capacity during weekends, leaving approximately 245 stalls available for the public during maximum capacity use. Therefore, there will be minimal impacts to the public or surrounding properties. The parking ratio of 1.5 spaces per unit will provide one space per unit with 12 extra spaces which is appropriate for a development of all studio units. Providing an excess of parking can encourage solo driving and dependency on a vehicle, which is opposite of several of the goals and policies of Transit Zoning Code and General Plan. The building and site have been designed to comply with all applicable development standards except for open space standards. The site improvements such as the new fagade and amenities will enhance this property as well as the surrounding properties. The exterior has been designed to be compatible with the surrounding properties. The residential development will make a substantial capital investment in the site, thereby enhancing this property and the surrounding properties. 4. That the granting of a variance will not adversely affect the General Plan of the City. Resolution No. 2018-04 Page 3 of 8 The project will not adversely affect the General Plan as the residential use is a permitted use in the District Center land use designation. In addition, the project is consistent with several goals and policies of the General Plan, including Goal 1 to promote a balance of land uses to address basic community needs, Goal 2 to promote land uses which enhance the City's economic and fiscal viability, Goal 3 to preserve and improve the character and integrity of existing neighborhoods, Goal 4 to protect and enhance development sites and districts which are unique community assets that enhance the quality of life, and Goal 5 to ensure that the impacts of development are mitigated. The project is also consistent with Housing Element Policy 2.1 to strengthen Santa Ana's core as a vibrant mixed-use and mixed income environment by capitalizing on the government center, arts district, historic downtown, transit -oriented housing and diverse neighborhoods, Housing Element Policy 2.4 to facilitate diverse types, prices and sizes of housing including transit -oriented housing, Land Use Element Policy 1.1 to promote medium density housing in and around the downtown area, Policy 1.5 to maintain and foster a variety of residential land uses in the City, Policy 2.4 to support pedestrian access between commercial uses and residential neighborhoods that are in close proximity, Policy 2.7 support projects that contribute to the redevelopment and revitalization of the center City urban areas, Policy 3.5 to encourage new development that is compatible in scale, and consistent with the architectural style and character of the neighborhood and Urban Design Element Policy 1.5 to encourage projects that include enhanced architectural forms, textures, colors and materials. The development is consistent with these goals and policies and has been designed to provide architectural and visual interest to the site and adjacent community. Section 2. In accordance with the California Environmental Quality Act the recommended action is exempt from further review per Section 15332. This Class 32 exemption allows infill development provided it is consistent with the General Plan and zoning code; the project site is less than five acres, surrounded by urban uses, does not have any noise or traffic impacts, and can be served by existing utilities. The proposed conversion of the second floor of the existing building to 24 studio units has been found by the City's development review agencies to not create any adverse impacts. The building is located on a site that is not designated by federal, state, or local agencies to be an environmental resource of hazardous or critical concern. The cumulative impact of this project will not be significant as the building is existing and the property is already served by roads and utilities, and will not create any adverse impacts such as noise, traffic, or safety concerns. There is no reasonable possibility that the project will have a Resolution No. 2018-04 Page 4 of 8 significant effect on the environment due to unusual circumstances. The project is not located within a highway officially designated as a state scenic highway and will not result in damage to scenic resources. The project is not located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code. As a result, Categorical Exemption Environmental Review No. 2017-67 will be filed for this project. Section 3. 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 4. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Variance No. 2018-01 as conditioned in Exhibit A attached hereto and incorporated herein, for the project located at 201 East Fourth Street. 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 January 22, 2018, and exhibits attached thereto; and, the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 22nd day of January, 2018. AYES: Commissioners: ALDERETE, BACERRA, CONTRERAS-LEO, MENDOZA VERINO (5) NOES: Commissioners: ABSENT: Commissioners: NGUYEN (1) ABSTENTIONS: Commissioners: MCLOUGHLIN (1) Mark McLoughlin Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Lisa Storck Assistant City Attorney Resolution No. 2018-04 Page 5 of 8 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2018-04 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on January 22, 2018. Date: � Am Recording Secretary City of Santa Ana Resolution No. 2018-04 Page 6 of 8 EXHIBIT A Conditions of Approval Variance No. 2018-01 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 belowrip or to exercising the rights conferred by this variance. I. The Applicant must remain in compliance with all conditions listed below throughout the life of the variance. Failure to comply with each and every condition may result in the revocation of the variance: 1. All proposed site improvements must conform to the Site Plan Review approval of DP No. 2017-24. 2. Prior to building permit issuance the Applicant shall record an easement, covenant and agreement in a form acceptable to the City Attorney to establish and approve a cross lot line easement and access for the ingress/egress stairwell between the buildings of 201 East Fourth Street and 219 East Fourth Street. 3. Prior to building permit issuance the Applicant shall finalize all pending lot line adjustments on the property. 4. Prior to issuance of a building permit the Applicant shall enter into a long term parking lease agreement for the life of the residential project for off-site parking, within a half mile radius of the project site as measured from the property line boundary, in a form acceptable to the City Attorney for a minimum of at least 36 parking spaces (1.5 spaces per unit). Any future changes to the agreements must be reviewed by the City Attorney and Planning Manager. 5. Prior to approval of Certificate of Occupancy, all on-site improvements shall be made in accordance with the submitted plans. Il. The following are requirements that shall be addressed and/or approved by the Police Department prior to issuance of a building permit: 1. Submitted plans must indicate that all structures and parking lots comply with the provisions of Chapter 8, Article ll, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). All applicable sections must be printed verbatim on the submitted set of plans. Resolution No. 2018-04 Page 7 of 8 III. The following are requirements that shall be addressed and/or approved by the Public Works Agency prior to issuance of a building permit: 1. A Master -Meter of appropriate size, shall be placed in the sidewalk area, adjacent to the curb line, along the property's frontage in the public right-of- way. 2. Private water meters shall be installed within the property (upon connection to the proposed public Master -Meter) in order to allow individual residential units to be served separately for their domestic water needs. 3. Prior to submittal into Building plan check, depict and note the approximate location for all existing and new wet and dry utilities, mains and laterals (i.e. electric, gas, water, fire, sewer, storm drain, etc.). 4. Prior to submittal into Building plan check, depict and note that all utilities (existing and new) will be a minimum of 10 feet away from the driveways top of the "X". 5. Prior to submittal into Building plan check, depict and note replacement of damaged sidewalk and driveway on Bush Street on all construction plans. 6. Prior to submittal into Building plan check, depict construction of a minimum 8 -inch private sewer lateral within this site, to connect the proposed project to the existing City sewer system in 4th Street. 7. Prior to submittal into Building plan check, begin review process of surface street improvement and utility plans by making the initial submittal of the listed plans and maps, and paying the required fees. 8. The site plan shall be designed to allow for the safe and efficient access of trash vehicles to trash receptacles to the satisfaction of the Public Works Agency and waste service provider. Resolution No. 2018-04 Page 8 of 8