On January 21, 2020, the Planning Commission reviewed an application to develop the property on the southeast corner of Mercury Lane and Berry Street for a high density workforce housing project for 114 apartment units, full request outlined above. The Commission continued the public hearing and directed staff to prepare a draft resolution, conditions of approval and address several issues/concerns staff has provided the following information to address the questions and requests for information from the Commission.
PARKING
The project provides 114 spaces on site. This includes 5 ADA spaces and 5 electric vehicle charging spaces in compliance with State and Federal standards. This is a parking ratio of 1 space per unit. Typical multifamily projects in Brea provide a range of parking ratios from 1.25 spaces per unit to 2 spaces per unit. A parking study evaluating the parking as proposed in the Planned Community Master Plan (PCMP) recommends the project provide a 1.56 to 1.87 ratio. The additional spaces identified are intended to accommodate flexibility for residential units with more than one vehicle as well as to provide visitor/guest parking on site. The project as proposed does not provide on-site guest parking and instead identifies strategies to address the recommendation for additional parking needs by utilizing on street parking, restricting additional vehicles for tenants and providing parking in the west parking structure in the downtown.
The Commission will need to determine whether the locations and measures proposed in the PCMP are sufficient. Staff has provided clarification and information below to address the items raised and to assist with this consideration.
On Street Parking: Berry Street does not allow on-street parking. Mercury Lane currently allows public parking along both sides of the street (see Figure 1). The street, exclusive of driveways and marked “no parking” areas, has the potential to accommodate approximately 45 cars. This amount may decrease depending on the need for red curb and Fire Department Access, this is typically determined during Building Plancheck submittal of the Final Fire Master Plan. It should also be noted that the Code requires that parking be located within 100-feet of the project site.
The City’s Municipal Code (Section 10.40.040) limits commercial vehicle parking on public streets to one hour. In the past, the Police Department has received complaints and has issued citations for commercial trucks staging/idling on Berry Street. Subsequent to that, it has been observed that commercial trucks park/idle on Mercury Lane. Complaints are not common on Mercury Lane as the area is all industrial and there does not appear to be existing conflicts. The project as proposed will rely on on-street parking and has the potential for on-street parking conflicts and enforcement issues. The Commission requested information related to some suggestions to address potential future conflicts. The following provides this information.
- Time Limited On-street Parking: The Commission inquired whether timed parking could be utilized to balance the proposed use and the existing neighborhood. Currently, commercial vehicle parking is limited to one hour and standard vehicles currently do not have time limits but cannot park overnight on Mercury Lane. It has been staff’s experience that timed parking can be challenging and does not recommend this strategy as it would be difficult to enforce and requires a high level of staff resources. Question(s) for the Commission’s consideration: Is the Commission recommending to exempt Mercury lane from the on-street parking restrictions? It should be noted that this allowance could set an expectation to allow other developers to apply for similar exemptions.
- Overnight Parking: Overnight parking is not currently permitted on the street. Properties zoned for and occupied as residential use are eligible for overnight parking permits (see Attachment 3 – Overnight Parking Permit Policy and Procedures). This area is zoned C-M, Commercial Industrial and does not currently allow for overnight parking. The zone change is not to a residentially zoned property, it would be Planned Community, for a residential use. The Code allows one overnight parking permit per unit for multi-family projects. Requests for additional permits are evaluated (e.g. more vehicles than number of spaces provided on-site) to establish need unless conditions of approval are provided to either allow or prohibit additional permits. If overnight parking for this project were permitted, the Planning Commission would be recommending the project to be exempt for the current code or modifications to the provisions.
Mercury Lane does not have sidewalks and is not improved to comply with American with Disabilities Act (ADA). The applicant proposes to construct sidewalks along the project frontage. The project proposes to utilize the West Downtown Parking Garage for guest parking. In order for the project to utilize this garage for guest parking, sidewalk and ADA improvements would have to be made in order to be compliant with ADA requirements. Potential improvements could include, but are not limited to, a survey of the project to the garage to determine ADA compliance, construction of sidewalks, and improvement of curb ramps and other access improvements. If these improvements are not feasible for the project or the applicant to complete, other options would need to be considered to accommodate guest parking.
The Downtown Parking Garages allow parking for up to 12 hours with the exception of the reserved spots for the Birch Street Lofts, which were originally included as part of the Downtown, and for government cars related to the Army Recruiting Office on Brea Boulevard. The Police Department enforces the 12 hour limit and vehicles are cited that are not parked in the marked reserved parking stalls. The Council has been discussing overnight parking restrictions in the Downtown garages.
Questions for the Commission’s consideration:
- Is the Planning Commission recommending exemption for overnight parking on the street on Mercury Lane and the West Downtown Parking Garage?
- As proposed, is the project’s parking plan and strategies sufficient to support the project?
Clarification on Noise: The project proposes to locate a residential use in an existing industrial area where ambient noise levels are greater than a typical residential neighborhood. The project does not meet the minimum standards for open window conditions under the State and City Noise Regulations. Projects can be reviewed under a “closed window” condition meaning the window must remain closed for noise to be reduced to an appropriate level. To further address noise, the project proposes a number of construction measures outlined in the Noise Study including; a fresh air ventilation system, upgraded windows, sliding glass doors, entry doors, walls, floor and ceiling insulation. Review of projects under a “closed window” condition is typical for projects located adjacent to high noise generating sites such as major streets, freeways, and trains. The Commission expressed interest in the reduction of noise conflicts between the existing industrial use and the proposed project. Based on how the PCMP is currently written and what is proposed for the project, there remains potential for noise conflicts. Additional language can be included in the noise section of the PCMP to set a different expectation for higher ambient noise levels. Staff recommends the project is designated as “workforce housing in an industrial area” and allow for an alternate maximum threshold or decibel level (e.g. measure the project against commercial/industrial noise standards).
Question for the Commission’s consideration: Is the Commission recommending amend the language in the PCMP to set a higher noise level expectation for the project?
Clarification of Project Details: The applicant has provided a response to several of the comments and questions related to project details and is provided in Attachment 4.
Question for the Commission’s consideration: Is this information sufficient to support the Planning Commission’s recommendation of approval or is additional information and/or Conditions of Approval needed for the project?
Contribution of funds for Imperial Highway: The Commission inquired as to how the applicant contribution for Imperial Highway improvements would be handled. The money collected will become “City money” earmarked for City initiated improvements on Imperial Highway. The City currently has a number of Imperial Highway improvement projects outlined in its Capital Improvement Program. One such on-going project is to widen Imperial Highway at Berry to provide for a new right-turn lane and another is to widen the CA57 Southbound on-ramp. Both projects would provide capacity enhancing improvements to Imperial Highway in the vicinity of the impacted intersections identified in the traffic study for the project. It is envisioned that the funds provided by the applicant can be used for either of on-going projects or be used by the City for a future capacity enhancing project on Imperial Highway.
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Letter Received from Pacific Plastics: A letter was submitted to the Planning Commission at the January 21st meeting from Veneable, LLP on behalf of Pacific Plastics. The letter raised several points regarding the environmental process. The City’s environmental consultant has prepared a response to that letter for the Commission’s review, see Attachment 5. Two additional memos were received from Pacific Plastics, please see Attachments 6 & 7.
CONCLUSION
In response to the Planning Commission’s direction, Staff has provided the draft resolution including the findings and supporting facts to recommend approval of the project, the draft Development Agreement (Attachment 2), Conditions of Approval to address some of the items raised at the last meeting (e.g. location of HVAC intake, parking monitoring, disclosures, etc.), see Attachment 1. The Commission will need to provide any further direction if additional Conditions of Approval are needed for the project.
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