Agenda Item
City Council
Item #: 9.1. 4/11/2023 File #: 23-0169
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Russell Bunim, Community Development Director
1. SUBJECT
Public Hearing to consider Appeal No. 0562-23, Street Lights Mixed-Use Apartment Development, 840 The City Drive South, including adoption of Mitigated Negative Declaration (MND) No. 1875-21 and associated Mitigation Monitoring and Reporting Program.
2. SUMMARY
An appeal of the Planning Commission approval of Conditional Use Permit No. 3138-21, Major Site Plan Review No. 1040-21, Design Review No. 5030-21, Administrative Adjustment No. 0051-21, and MND No. 1875-21 and associated Mitigation Monitoring and Reporting Program, to allow the demolition of an existing multi-tenant commercial building in order to construct a new 225-unit mixed- use apartment development with ground floor retail/restaurant area, subterranean parking, surface parking, residential amenities, open parking structure for the adjacent office complex use, site improvements, and a reduction of 48 parking spaces and 670 square feet of open space.
3. RECOMMENDED ACTION
The City Council shall consider the record and such additional evidence as may be offered and may affirm, reverse, or modify, in whole or in part, the action that was appealed. Staff will return to the Council at a subsequent meeting with a Resolution reflecting the action taken.
4. FISCAL IMPACT
None.
5. STRATEGIC PLAN GOALS
Goal 3: Enhance and promote quality of life in the community. c: Support and enhance attractive, diverse living environments.
6. DISCUSSION AND BACKGROUND
On February 23, 2023, the Planning Commission approved Conditional Use Permit No. 3138-21, Major Site Plan Review No. 1040-21, Design Review No. 5030-21, Administrative Adjustment No. 0051-21, and MND No. 1875-21 and associated Mitigation Monitoring and Reporting Program to allow for the demolition of an existing multi-tenant commercial building and surface parking lot in order to construct a new 225-unit vertical mixed-use apartment development, including 9,000 square feet of ground level retail/restaurant area, a 421-space three-level subterranean parking structure City of Orange Printed on 4/6/2023Page 1 of 4
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Item #: 9.1. 4/11/2023 File #: 23-0169
feet of ground level retail/restaurant area, a 421-space three-level subterranean parking structure beneath the footprint of the building, 13 parallel surface parking spaces, residential amenities, a 145- space two-story open parking structure for the adjacent office complex use, site improvements, a 48- space (10%) reduction in required parking, and a 670-square-foot (0.98%) reduction in open space for the project.
The project site is currently developed with a one-story multi-tenant commercial building, a four-story office building, and surface parking lot. The project site is part of a larger 15.1-acre office complex containing four and eight story buildings, structured, and surface parking. Surrounding land uses include commercial uses to the north, east, and west, and single/multi-family residential uses to the south in the City of Santa Ana. More detailed information about the project is provided in the February 23, 2023 Planning Commission Staff Report (Attachment 6).
Planning Commission Hearing
The Planning Commission conducted a public hearing for the project on February 23, 2023. The Planning Commission approved the project by a unanimous (5-0) vote subject to Conditions of Approval within Resolution No. PC 33-22 (Attachment 7). The February 23, 2023 Planning Commission Meeting Draft Minutes are included as Attachment 8.
Appeal
On March 2, 2023, the Planning Division received an appeal application from Adam Frankel, Lozeau Drury LLP on behalf of Supporters Alliance for Environmental Responsibility (SAFER) (Attachment 1). The following reason was given for the appeal:
There is “fair argument” that the Project may have significant unmitigated adverse environmental impacts. Therefore, CEQA requires that the City of Orange (“City”) prepare an environmental impact report (“EIR”) for the Project, pursuant to the California Environmental Quality Act (“CEQA”), Public Resources Code section 21000, et seq. SAFER respectfully requests that you do not adopt the MND and instead undertake the necessary efforts to prepare an EIR, as required under CEQA. See Attached Letter.
Detailed comments on the content of the MND are presented in a letter from Mr. Frankel submitted with the appeal provided in Attachment 1. The environmental consultant’swritten responses to Mr.
Frankel’s comments are included as Attachment 2.
Public Notification
On March 30, 2023, the City mailed a Public Hearing Notice for the April 11, 2023 City Council meeting to a total 574 property owners/tenants and persons specifically requesting notice. The project site was also posted with the notification on the same date.
7. ENVIRONMENTAL REVIEW
Mitigated Negative Declaration: MND No. 1875-21 (Attachments 9, 10, and 11) was prepared to evaluate the physical environmental impacts of the project, in conformance with the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15070 and in conformance with the Local CEQA Guidelines. The MND finds that the project will have less than significant impacts to the environment, with the implementation of standard conditions and mitigation measures related to Biological Resources, Cultural Resources/Tribal Cultural Resources, Geology and Soils, Hazards and Hazardous Materials, Hydrology and Water Quality, Noise, and City of Orange Printed on 4/6/2023Page 2 of 4
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Item #: 9.1. 4/11/2023 File #: 23-0169
and Soils, Hazards and Hazardous Materials, Hydrology and Water Quality, Noise, and Transportation. Section 5 of the MND (Attachment 9) summarizes the project’ssignificant impacts, mitigation measures, and levels of significance after mitigation. Incorporation of mitigation measures into the project results in a reduction of significant impacts to less than significant levels to the environmental factors listed above. With the adoption of the MND and related Mitigation Monitoring and Reporting Program and implementation of conditions of approval contained in Resolution No. PC 33-22, potential environmental concerns are considered resolved.
The 20-day public review period began on November 23, 2022 and ended on December 14, 2023.
On November 23, 2022, the City sent a Notice of Intent to adopt MND No. 1875-21 to a total of 609 property owners and tenants within a 400-foot radius of the project site, adjacent cities, and other potentially affected public agencies and utility service providers initiating the public review period for the environmental document as described above. This notification was also on file with the Orange County Clerk Recorder and was posted at the site. Copies of the document were available for public review at Orange City Hall in the Offices of the City Clerk and Community Development Department, and on the City’s website.
The City received three comment letters during the public review period from the Department of Transportation (Caltrans), Orange County Health Care Agency, Environmental Health Division (OCHCA), and Orange County Transit Authority (OCTA). It is important to note that a comment letter was not received during the public review period from the appellant, Adam Frankel. Responses to comments to all correspondence received were forwarded to the respective authors in accordance with the requirements of CEQA in advance of the Planning Commission hearing. Copies of the comment letters and responses can be found in Attachment 12.
8. ATTACHMENTS
· Attachment 1 Appeal Application No. 0562-23 from Adam Frankel, Lozeau Drury LLP on behalf of SAFER
· Attachment 2 Responses to Appellant’s Comments
· Attachment 3 Vicinity Map
· Attachment 4 December 7, 2022 Design Review Committee Staff Report · Attachment 5 December 7, 2022 Design Review Committee Meeting Minutes · Attachment 6 February 23, 2023 Planning Commission Staff Report · Attachment 7 Planning Commission Resolution No. PC 33-22 · Attachment 8 February 23, 2023 Planning Commission Meeting Draft Minutes · Attachment 9 MND No. 1875-21, Dated November 14, 2022 · Attachment 10 MND No. 1875-21 Appendices
· Attachment 11 MND No. 1875-21 Mitigation Monitoring and Reporting Program, Dated January 26, 2023
· Attachment 12 Letters Received from Responsible Agencies and Responses to Comments for MND No. 1875-21
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Item #: 9.1. 4/11/2023 File #: 23-0169
· Attachment 13 Project Plans, Dated January 27, 2023
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