HomeMy WebLinkAboutRESO 2018-27_1102 N KING STREETLS 08.13.18
RESOLUTION NO. 2018-27
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING TENTATIVE
TRACT MAP NO. 2018-03 AND VARIANCE NO. 2018-08 AS
CONDITIONED TO ALLOW SUBDIVISION FOR FEE-
SIMPLE LOTS AND CONSTRUCTION OF FIVE SINGLE
FAMILY STRUCTURES WITH DEVIATIONS FROM FRONT
AND REAR YARD SETBACK STANDARDS FOR THE
PROPERTY LOCATED AT 1102 NORTH KING 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. An Ha, representing Heritage Home Management, LLC., hereinafter
referred as "Applicant," is requesting approval of Tentative Tract Map No.
2018-03 and Variance No. 2018-08 to allow a subdivision for single-family
structures with deviations from the front and rear yard setback standards
for the property located at 1102 North King Street.
B. Pursuant to Santa Ana Municipal Code (SAMC) Section 34-127, the
Planning Commission is authorized to review and approve tentative tract
maps.
C. Pursuant to SAMC Section 41-638, the Planning Commission is
authorized to review and approve variances for this project to: a) reduce
the minimum front yard setback and b) reduce the rear yard setback as
set forth by the SAMC.
D. Tentative Tract Map No. 2018-03 and Variance No. 2018-08 came before
the Planning Commission of the City of Santa Ana on August 13, 2018, for
a duly noticed public hearing.
E. To reduce the Lot 1 front yard setback to 16', the Lot 1 rear yard setback
to 18', and the Lot 3 rear yard setback to 19', The Planning Commission of
the City of Santa Ana determines that following findings, which must be
established in order to grant Variance No. 2018-08, have been established
as required by SAMC Section 41-638:
1. That because of special circumstances applicable to the subject
property, including size, shape, topography, location or
surroundings, the strict application of the zoning ordinance is found
to deprive the subject property of privileges not otherwise at
Resolution No. 2018-27
Page 1 of 11
variance with the intent and purpose of the provisions of this
Chapter.
The project site has a special circumstance related to its size
and shape that warrants variances. The proposed project will
be comprised of five separate lots that meet the majority of
the development standards pursuant to Section 41-233 of
the SAMC with the exception of Lot 1 and Lot 3 having a
portion of the structures encroaching into the required front
and rear yard setbacks. For Lot 1, the portion of the structure
that impedes into the setback is part of the garage. Through
the design review phase, it was identified that the location of
the garage would better serve the lot towards the west of Lot
1, which would allow for the driveway apron and garage to
be located on the newly developed street instead of a higher
transited King Street. With this in mind, all the garages and
driveways will be accessed from the new street including the
garage for Lot 5 which also fronts on King Street. Lot 3 has a
portion of the home encroaching into the rear yard by
approximately four inches. Staff recognizes that a five-foot
dedication has been requested to facilitate the future
expansion of Fairview Street at the rear yard of Lot 3. This in
turn creates an additional item of concern along with the
unique shape of the lot that would deprive the property
owner certain privileges do develop the lot. Additionally, a
condition has been added to guarantee that the five-foot
area of dedication be landscaped and maintained until the
expansion occurs, therefore mitigating any trash dumping or
collection of debris.
2. That the granting of a variance is necessary for the preservation
and enjoyment of one or more substantial property rights.
The granting of these variances is necessary for the
preservation and enjoyment of substantial property rights.
The granting of the variances will preserve the property
owner's ability to develop a vacant lot with a use that is
allowed in the Single -Family Residence (R-1) zoning district
and will provide new housing opportunities to people wishing
to move into the City. The lot size would allow for up to
seven units; however, the applicant reduced the total
number of units to five as a street design was incorporated,
which allows for an improved street circulation and access to
the parcels.
3. That the granting of a variance will not be materially detrimental to
the public welfare or injurious to surrounding property.
Resolution No. 2018-27
Page 2 of 11
The granting of the variances will not be detrimental to the
public or surrounding properties. As demonstrated in the site
plan for the project, the site will have sufficient parking, open
space, landscaping, and use of alternative materials to
assure that the development of the site will provide an
enhanced living condition to its residents. Therefore, the
reduction in front and rear yard setbacks will not be
detrimental to the surrounding community as it will not result
in impacts affecting adjacent residential properties to the
north, south, and east of the site. Further, the granting of the
variance will allow the development of a vacant site and
allow full use of the property. Finally, conditions have been
placed to ensure that the site is in compliance with all other
development standards and maintenance standards
applicable to the property.
4. That the granting of a variance will not adversely affect the General
Plan of the city.
The project will not adversely affect the General Plan, but
rather supports its goals. Goal 1 and 2 of the Land Use
Element encourages uses that promote a balance of land
uses that address basic community needs and enhance the
City's economic and fiscal viability. The project complies with
the majority of the (R-1) Single -Family Residence zoning
district and addresses basic community needs such as
additional housing opportunities which enhance the City's
economic and fiscal viability. Goal 3 of the Land Use
Element is to preserve and improve the character and
integrity of the neighborhoods. By subdividing the one -acre
parcel into five single-family residential lots and developing
single-family structure, the new development is preserving
and improving the character of the neighborhood. In
addition, Policy 5.5 of the Land Use Element encourages
development that is compatible with and supporting of
surrounding land uses. The project will be located on a site
surrounded by residential uses and will be compatible with
the surrounding single family structures. Furthermore, Goal 6
strives for reducing residential overcrowding in order to
promote public health and safety. By constructing five new
single family homes, the project site is providing additional
housing to the community that would not be available if the
site remained vacant. Lastly, conditions of approval will also
ensure that the project remains compatible with surrounding
land uses and guarantees that on-site maintenance of the
property will continue to occur.
Resolution No. 2018-27
Page 3 of 11
F. The Planning Commission of the City of Santa Ana determines that
following findings, which must be established in order to approve Tentative
Tract Map No. 2018-03, have been established as required by SAMC
Section 34-127 and the California Subdivision Map Act:
1. The proposed project and its design and improvements are
consistent with the Low Density -Residential (LR) designation of the
General Plan and are otherwise consistent with all other Elements of
the General Plan.
The proposed project and its design and improvements will
be consistent with the Low Density -Residential (LR) land use
designation of the General Plan and are otherwise
consistent with all other elements of the General Plan and
any applicable specific plans. The proposed subdivision of
land will create five (5) individual fee -simple parcels and will
be consistent with the various provisions of the General
Plan.
2. The proposed project conforms to all applicable requirements of the
zoning and subdivision codes as well as other applicable City
ordinances.
The proposed project will conform to all of the requirements of
the zoning ordinance except for those items that require a
variance (front and rear setbacks). All subdivision codes will
be met as well as other applicable City ordinances. The
proposed project conforms to the Single -Family Residential
(R1) provisions of the zoning code that pertain to lot size,
parking, and landscaping; by doing so, the parcel and the
construction within the parcel guarantee conformance to all
R1 standards of the SAMC.
3. The project site is physically suitable for the type and density of the
proposed project.
The project site is physically suitable for the type and density
of the proposed project. The current general plan land use
density would allow for seven (7) density units per acre, with
the proposed project only developing five (5) units. The
proposed site consists of approximately 1.03 acres of land
and is physically suitable for the proposed development,
where access to the site will be from King Street and the
newly developed street.
Resolution No. 2018-27
Page 4 of 11
4. The design and improvements of the proposed project will not cause
substantial environmental damage or substantially and avoidably
injure fish and wildlife or their habitat.
The design and improvements of the proposed project will
not cause substantial environmental damage or substantially
and avoidably injure fish and wildlife or their habitat. Since
the project is located in an urbanized area, 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.
5. The design or improvements of the proposed project will not cause
serious public health problems.
The design or improvements of the proposed project will not
cause serious health problems, with the proposed subdivision
not having any detrimental effects upon the general public.
The property will include necessary utilities and infrastructure
improvements as required under Development Project
Review No. 2015-65.
6. The design or improvements of the proposed project will not conflict
with easements necessary for public access through or use of the
property within the proposed project.
The design or improvements of the proposed project will not
conflict with easements necessary for public access or use
of the property within the proposed project since there are no
existing and recorded easements for the property. The
conceptual design of all construction for the property will not
affect the proposed expansion of Fairview Street as
consideration has been taken and the applicant has provided
the five-foot dedication on the west of the parcel. The
Applicant will be recording an easement necessary to ensure
reciprocal rights between properties, including but not limited
to access, egress, common areas, and drainage.
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"). 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
Resolution No. 2018-27
Page 5 of 11
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 R-1 development
standards. The project meets several General Plan goals and policies, including Land
Use Element's 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), and Goal 3 (to preserve and improve the character and integrity of
neighborhoods).
Further, the proposed project will take place within city limits and is on a project
site that is less than five acres in size and is surrounded by urban areas. The project
site has no value as habitat for endangered, rare, or threatened species and is not
identified in the General Plan as having such value. Approval of the project will not
result in any significant effects relating to traffic, noise, air quality, or water quality. The
City's Planning Division and Public Works Agency have reviewed the proposed project
and have determined that the amount of traffic, noise, air quality impacts, and water
quality impacts are below thresholds that would warrant further analyses.
Finally, the site will be served by all required utilities and public services as it is
located within a heavily -urbanized area near the intersection of King and 11th Streets.
Based on this analysis, a Notice of Exemption for Environmental Review No. 2015-123
will be filled 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 Tentative Tract Map No. 2018-03 and Variance No. 2018-
08 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
August 13, 2018, and exhibits attached thereto; and the public testimony, written and oral,
all of which are incorporated herein by this reference.
ADOPTED this 13th day of August 2018 by the following vote:
AYES: Commissioners: ALDERETE, CONTRERAS-LEO, MCLOUGHLIN,
MENDOZA, NGUYEN, REYNA, VERINO (7)
NOES: Commissioners:
Resolution No. 2018-27
Page 6 of 11
ABSENT: Commissioners:
ABSTENTIONS: Commissioners:
G
Mark N cLoughlin
Chairman
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By: (/!�-Xc
Lisa Storck
Assistant City Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, SARAH BERNAL, Recording Secretary, do hereby attest to and certify the attached
Resolution No. 2018-27 to be the original resolution adopted by the Planning
Commission of the City of Santa Ana on August 13, 2018.
Date: q1
Recording Secretary
City of Santa Ana
Resolution No. 2018-27
Page 7 of 11
Conditions of Approval
August 13, 2018
EXHIBIT A
I. Conditions for Approval for Tentative Tract Map No. 2018-03
Tentative Tract Map No. 2018-03 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, they 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 tentative tract map.
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 tentative tract map.
A. Planning Division
1. All proposed site improvements must conform to the Site Plan Review approval
of DP No. 2015-65.
2. Any amendment to this Tentative Tract Map, including modifications to
approved materials, finishes, architecture, site plan, landscaping, parking, 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.
3. Applicant must submit Covenants, Conditions and Restrictions (CC&R's) for
the project to the case planner for review and approval prior to the final map
being recorded.
4. The final map must be approved and recorded prior to issuance of building
permits.
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. Two copies of the recorded final map and CC&Rs shall be submitted each to
the Planning Division, Fire Authority, Building Division, and Public Works
Agency within 10 days of recordation.
Resolution No. 2018-xx
Page 8 of 11
Conditions of Approval
August 13, 2018
7. Property Maintenance Agreement. Subject to review and applicability by the
Planning and Building Agency, the Community Development Agency, the
Public Works Agency, and the City Attorney to ensure that the property and
all improvements located thereupon are properly maintained, Developer (and
the owner of the property upon which the authorized use and/or authorized
improvements are located if different from the Applicant) shall execute a
maintenance agreement or incorporate the form of this condition within the
Projects CC&R's with the City of Santa Ana which shall be recorded against
the property and which shall be in a form reasonably satisfactory to the City
Attorney. The maintenance agreement shall contain covenants, conditions
and restrictions relating to the following:
a. Compliance with operational conditions applicable during any period(s)
of construction or major repair (e.g., proper screening and securing of
the construction site; implementation of proper erosion control, dust
control and noise mitigation measure; adherence to approved project
phasing etc.);
b. Compliance with ongoing operational conditions, requirements and
restrictions, as applicable (including but not limited to hours of
operation, security requirements, the proper storage and disposal of
trash and debris, enforcement of the parking management plan, and/or
restrictions on certain uses,
c. Ongoing compliance with approved design and construction
parameters, signage parameters and restrictions as well as landscape
designs, as applicable;
d. Ongoing maintenance, repair and upkeep of the property and all
improvements located thereupon (including but not limited to controls
on the proliferation of trash and debris about the property; the proper
and timely removal of graffiti; the timely maintenance, repair and
upkeep of damaged, vandalized and/or weathered buildings, structures
and/or improvements; the timely maintenance, repair and upkeep of
exterior paint, parking striping, lighting and irrigation fixtures, walls and
fencing, publicly accessible bathrooms and bathroom fixtures,
landscaping and related landscape improvements and the like, as
applicable);
e. If Developer and the owner of the property are different (e.g., if the
Applicant is a tenant or licensee of the property or any portion thereof),
both the Applicant and the owner of the property shall be signatories to
the maintenance agreement and both shall be jointly and severally
liable for compliance with its terms.
Resolution No. 2018-xx
Page 9 of 11
Conditions of Approval
August 13, 2018
f. The maintenance agreement shall further provide that any party
responsible for complying with its terms shall not assign its ownership
interest in the property or any interest in any lease, sublease, license
or sublicense, unless the prospective assignee agrees in writing to
assume all of the duties and obligations and responsibilities set forth
under the maintenance agreement.
g. The maintenance agreement shall contain provisions relating to the
enforcement of its conditions by the City and shall also contain
provisions authorizing the City to recover costs and expenses which
the City may incur arising out of any enforcement and/or remediation
efforts which the City may undertake in order to cure any deficiency in
maintenance, repair or upkeep or to enforce any restrictions or
conditions upon the use of the property. The maintenance agreement
shall further provide that any unreimbursed costs and/or expenses
incurred by the City to cure a deficiency in maintenance or to enforce
use restrictions shall become a lien upon the property in an amount
equivalent to the actual costs and/or expense incurred by the City.
h. The execution and recordation of the maintenance agreement shall be
a condition precedent to the final map being recorded.
Resolution No. 2018-xx
Page 10 of 11
Conditions of Approval
August 13, 2018
II. Conditions for Approval for Variance No. 2018-08
Variance No. 2018-08 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, they 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 variance.
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 variance.
A. Planning Division
1. All proposed site improvements must conform to the Site Plan Review approval
of DP No. 2015-65.
2. 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. At a minimum, the project shall
incorporate the amount and size of landscaping as shown on the preliminary
landscape plans. The landscape plan shall also include all proposed walls,
specifically the material proposed for the wall, which shall be block CMU. The
exact specifications for these items are subject to the review and approval of the
Planning Division.
3. 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.
4. The westerly five feet of the property, adjacent to Fairview Street must be
included in the landscape plan and be maintained for the length of time until the
property is dedicated to the City.
Resolution No. 2018-xx
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