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HomeMy WebLinkAbout2019-046 - Approving Variance No. 2017-10LS 6.4.19 RESOLUTION NO. 2019-046 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2017-10 AS CONDITIONED TO ALLOW THE CONSTRUCTION OF 17 TOWNHOMES AND ALLOW AN INCREASE IN BUILDING HEIGHT, REDUCTION IN FRONT YARD SETBACK, DEVIATIONS TO OPEN SPACE AND FLOOR PLAN CONFIGURATION STANDARDS FOR THE PROPERTY LOCATED AT 3025 AND 3109 WEST EDINGER AVENUE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Colleen Bathgate, representing Haphan Group Inc. ("Applicant'), is requesting approval of Variance No. 2017-10 as conditioned, to allow the construction of 17 townhomes on a 1.22-acre site at 3025 and 3109 West Edinger Avenue. B. Pursuant to Santa Ana Municipal Code ("SAMC") Section 41-638, the Planning Commission is authorized to review and approve the following variances for this project to allow: a) increase in building height, b) reduction in the front yard setback, c) deviations to private open space and d) deviations to the living areas to be primarily on the upper floors as set forth by the SAMC. C. Variance No. 2017-10 came before the Planning Commission of the City of Santa Ana on May 13, 2019 for a duly noticed public hearing. The Planning Commission voted to recommend that the City Council approve the variance. D. Variance No. 2017-10 came before the City Council of the City of Santa Ana on June 4, 2019 for a duly noticed public hearing. E. The City Council of the City of Santa Ana has considered the information and determines that the following findings, which must be established in order to grant Variance No. 2017-10, 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 variance with the intent and purpose of the provisions of this Chapter. Resolution No. 2019-046 Page 1 of 8 The project site has a special circumstance related to its location and surroundings. The project is located off an arterial road, is adjacent to multi -family developments to the east and is across the street from a regional park. The Applicant is proposing townhomes which are governed by Chapter 41, Division 6 of the SAMC. The townhouse standards were adopted in 1991 and have detailed development standards. a) Height: The height requirement of 27 feet and two stories would not allow for a townhome project with a courtyard configuration, tuck -under parking with two parking spaces per unit and two parking spaces per unit for guest parking, open space, and landscaping. The three-story buildings allow for stacked floor plans with private garages, living rooms, kitchens and two and three bedroom units. b) Front Yard: The project is located along Edinger Avenue, an arterial roadway that requires an eight -foot dedication with the development of the site. The dedication will reduce the size of the site and reduce the front yard that is measured from the future right of way. A front yard setback of 10 feet meets the intent of the standards to provide an adequately sized landscaped area planted with trees and shrubs to enhance the aesthetics of the development and streetscape. c) Open Space: The project meets the amount of required private open space by providing a minimum of 250 square feet per unit. However, the open space is provided at both the ground and upper levels and is less than 10 feet in each direction. It is also important to note that the project has common open space and is across the street from Centennial Regional Park which provides additional opportunities for recreational activities. By providing private open space on the upper levels, the open space will be accessible from the units common areas which is the intent of the code. d) Access: A minimum of 40 percent of the living area is to be accessible from the ground level. The intent of the standard was to provide direct ground floor access to each unit and to minimize aesthetic concerns related to outdoor stairwells and second story entries found in older multi -unit developments. As proposed, 14 units will have living space on the ground floor, however three (3) units do not have living space on the ground floor, instead there is a landing that leads to an interior staircase to the upper floors. The floor plan configuration is typical for townhome developments and allows for a site plan design and architecture that meets the City's Design Guidelines. Resolution No. 2019-046 Page 2 of 8 2. That the granting of a variance is necessary for the preservation and enjoyment of one (1) or more substantial property rights. The granting of this variance is necessary for the preservation and enjoyment of substantial property rights. a) Height: The increase in height will allow the property owner to develop the site with townhomes that are competitive with the current real estate market. A two-story product would limit the bedroom count and living areas which would potentially jeopardize the Applicant's ability to develop the subject site. b) Front Yard: The reduction in the required front yard is due to the City requirement for an eight -foot dedication. Without the dedication a greater landscaped yard could be provided, by allowing a reduction to 10 feet will allow the property owner to develop the property with 17 dwelling units. c) Open Space: The reduction in the required open space is also a result of the dedication which will reduces the size of the lot. Flexibility in providing open space on the upper levels will provide multiple patio and balconies for each resident's private use and will provide direct access to the open space from living and dining rooms. d) Access: Allowing a variation in the floor plan configuration will allow the property owner to design a project that is typical of current townhome developments with a stacked floor plan with living area and bedrooms on upper levels. The two -car garage requires a minimum of 400 square feet at the ground level, limiting the amount of square footage for living space at the ground floor. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of the variance will not be detrimental to the public or surrounding properties. a) Height: The site plan has been designed to cluster the buildings and place the buildings further away from the existing residential uses with a 45-foot minimum rear setback and 28-foot minimum side setbacks to preserve privacy. In addition, the size and number of windows on the third -story have been limited. Additionally, a condition of approval is included to plant and maintain trees and shrubs along the rear and side property lines to screen views of the property and provide additional privacy. The variance will be similar to the Resolution No. 2019-046 Page 3 of 8 variance granted for the nearby Avenue E project at 2823- 2931 West Edinger Avenue b) Front Yard: The reduction of ten feet in the required yard will not be detrimental to the public as the 10-foot yard will be planted with trees and shrubs and improved with pedestrian walkways. The variance will be similar to the variance granted for the Avenue E project at 2823-2931 West Edinger Avenue. c) Open Space: Granting the variance to allow balconies on upper levels to be counted towards the private open space requirements will not be detrimental to the public. The balconies and patios provide for articulation in the building design and are primarily along the interior courtyard. There will still be ample open space on site that will be improved with amenities for the residents. d) Access: The interior floor plan of the units will not be detrimental to the public or surrounding properties. The variance allows for flexibility in the floor plan design and are not be visible to the public. The variance will be similar to the variance granted for the Avenue E project at 2823-2931 West Edinger Avenue 4. That the granting of a variance will not adversely affect the General Plan of the city. The project will support several goals and policies of the General Plan, including the Land Use Element and Housing Element. In specific, General Plan Land Use Element, Goal 1 to promote a balance of land uses to address basic community needs. Specifically, Policy 1.5 to maintain and foster a variety of residential land uses. The project will provide 18 for -sale townhome units. Policy 2.10 to support new development which is harmonious in scale and character with existing development in the area. The project is similar in scale and character to the multi -family uses to the east along Edinger Avenue. The site plan has been designed to be setback away from the residential properties to the north, with limited windows on the upper stories and trees to be planted to screen views. Policy 3.1 to support development which provides a positive contribution to neighborhood character and identity. The project will allow for redevelopment of a vacant lot with a new residential development with a contemporary design and variety of building materials. Housing Element, Goal 2 to provide a diversity of quality housing, affordability levels, and living experiences that accommodate Santa Ana's residents and workforce of all household types, income levels, and are groups to foster an inclusive community. Policy 2.5 to facilitate diverse types, prices Resolution No. 2019-046 Page 4 of 8 and size of housing, including single-family homes, apartments, townhomes, mixed/multiuse housing, transit oriented housing, multi -generational housing and live work opportunities. The project will provide a for -sale townhome product with units that range from two to three bedrooms with 1,170 to 2,021 square feet in size. Section 2. The City Council has independently reviewed and considered the information contained in the initial study and the mitigated negative declaration (MND), Environmental Review No. 2015-14, prepared with respect to this project. The City Council has, as a result of its consideration and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, the MND adequately addresses the expected environmental impacts of this project. There is no evidence from which it can be fairly argued that the project will have a significant adverse effect on the environment. Section 3. Variance No. 2017-10 shall not be effective until the City Council reviews and approves the Mitigated Negative Declaration Environmental Review No. 2015-14 and General Plan Amendment No. 2017-03. If said approvals are held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise denied, then this variance shall be null and void and have no further force and effect. Section 4. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively "Actions"), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Resolution No. 2019-046 Page 5 of 8 Section 5. The City Council of the City of Santa Ana, after conducting the public hearing, hereby approves Variance No. 2017-10 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 May 13, 2019, and exhibits attached thereto; and the Request for City Council Action dated June 4, 2019, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 4th day of June, 2019. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:�G1��� Lisa Storck Assistant City Attorney AYES: Councilmembers Iglesias, Penaloza Pulido, Sarmiento, Solorio, Villegas(6) NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers "Ward 4 Representative Vacant Resolution No. 2019-046 Page 6 of 8 None (0) None (0) None (0) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, NORMA MITRE, Acting Clerk of the Council, do hereby attest to and certify that the attached Resolution No. 2019-046 to be the original resolution adopted by the City Council of the City of Santa Ana on June 4, 2019. U� Norma Mitre Acting Clerk of the Council City of Santa Ana Resolution No. 2019-046 Page 7 of 8 EXHIBIT A Conditions for Approval for Variance No. 2017-10 Variance No. 2017-10 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 below prior 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. All proposed site improvements must conform to the Site Plan Review (DP No. 2015- 06) and the staff report exhibits. The Applicant shall comply with the Mitigation Measure within the Mitigation Monitoring and Reporting Program prepared for the project. 3. Any amendment to the variance must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the variance must be amended. 4. Prior to the issuance of a building permit, the final map shall be recorded. Prior to the issuance of a building permit, a landscape plan including trees and shrubs along the rear and side property lines, and irrigation is to be submitted for review and approval. The landscape plan shall conform to the townhouse landscape standards, Citywide Design Guidelines and the City's Water Efficient Landscape Ordinance. Prior to the issuance of a building permit, the Applicant shall submit a construction phasing plan. The plan shall address material storage and parking and ensure that there will be ample parking for both construction workers, occupied residential units and their guests during all phases. Should construction parking be provided at an off - site location, a plan for getting to and from the site shall also be provided. Construction material and equipment staging should be located as far as possible from existing residential uses. Resolution No. 2019-046 Page 8 of 8