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Home My WebLink About75B - 2823-2929 W EDINGER AVE JOHN LAING HOMES REQUEST FOR COUNCIL ACTION ~ ~ta,~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: DECEMBER 5, 2005 TITLE PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 2005-01, TENTATIVE TRACT MAP NO. 2005-07, AND VARIANCE NOS. 2005-53 THROUGH 2005-56 TO ALLOW THE CONSTRUCTION OF 44 RESIDENTIAL TOWNHOMES AT 2823-2929 WEST EDINGER AVENUE - JOHN LAING HOMES, APPLICANT APPROVED D As Recommended D As Amended D Ordinance on 1" Reading D Ordinance on 2nd Reading D Implementing Resolution o Set Public Hearing For " )7 (~'/L/J jLlA CITY MANAGER CONTINUED TO A FILE NUMBER RECOMMENDED ACTION 1. Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2004-198. 2. Adopt a resolution approving General Plan Amendment No. 2005-01. 3. Adopt a resolution approving Tentative Tract Map No. 2005-07 as conditioned. 4. Adopt a resolution approving Variance No. 2005-53 from number of required parking spaces as conditioned. 5. Adopt a resolution approving Variance No. 2005-54 from maximum allowable height as conditioned. 6. Adopt a resolution approving Variance No. 2005-55 from required front landscaped setback as conditioned. 7. Adopt a resolution approving Variance No. 2005-56 from floor plan configuration as conditioned. PLANNING COMMISSION ACTION Recommended that the City Council: 1. Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2004-198. 2. Adopt a resolution approving General Plan Amendment No. 2005-01. 758-1 GPA No. 2005-01; TTM No. 2005-07; VA Nos. 2005-53 through 2005-56 December 5, 2005 Page 2 3. Adopt a resolution approving Tentative Tract Map No. 2005-07 as conditioned. 4. Adopt a resolution approving Variance No. 2005-53 from number of required parking spaces as conditioned. 5. Adopt a resolution approving Variance No. 2005-54 from maximum allowable height as conditioned. 6. Adopt a resolution approving Variance No. 2005-55 from required front landscaped setback as conditioned. 7. Adopt a resolution approving Variance No. 2005-56 from floor plan configuration as conditioned. At its November 14, 2005 meeting by a vote of 7:0 to allow the construction of 44 residential townhomes at 2823-2929 West Edinger Avenue. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A) . FISCAL IMPACT There is no fiscal impact associated with this action. ~~~~~~ctor Planning & Building Agency VC:rb vc!reports/GPAOS-01JohnLaing.cc 758-2 REQUEST FOR Planning Commission Action ~~ ~l~ ~~ PLANNING COMMISSION SECRETARY PLANNING COMMISSION MEETING DATE: NOVEMBER 14, 2005 TITLE: FILED BY JOHN LAING HOMES FOR GENERAL PLAN AMENDMENT NO. 2005-01, TENTATIVE TRACT MAP NO. 2005-07, AND VARIANCE NOS. 2005-53 THROUGH 2005-56 TO ALLOW THE CONSTRUCTION OF 44 RESIDENTIAL TOWNHOMES AT 2823-2929 WEST EDINGER AVENUE Prepared by Verny Carvaj al APPROVED D As Recommended D As Amended D Set Public Hearing For DENIED D Applicant's Request D Staff Recommendation CONTINUED TO ~/1~ _ Executive Director RECOMMENDED ACTION t~~+~ Planning Mager Recommend that the City Council: 1. Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2004-198. 2. Adopt a resolution approving General Plan Amendment No. 2005-01. 3. Adopt a resolution approving Tentative Tract Map No. 2005-07 as conditioned. 4. Adopt a resolution approving Variance No. 2005-53 from number of required parking spaces as conditioned. 5. Adopt a resolution approving Variance No. 2005-54 from maximum allowable height as conditioned. 6. Adopt a resolution approving Variance No. 2005-55 from required front landscaped setback as conditioned. 7. Adopt a resolution approving Variance No. 2005-56 from floor plan configuration as conditioned. DISCUSSION Request of Applicant John Laing Homes is requesting approval to develop 44 townhomes at 2823- 2929 West Edinger Avenue. To allow the proposed project, the applicant is requesting approval of a General Plan Amendment from Low Density EXHIBIT A 758-3 GPA No. 2005-01; TTM No. 2005-07; VA Nos. 2005-53 through 2005-56 November 14, 2005 Page 2 Residential (LR-7) to Medium Density Residential (MR-15). Additionally, the request includes a tract map in order to consolidate six existing parcels and create 44 residential units for condominium purposes. As proposed, variances are required to allow a reduction from the City's townhouse development standards for parking, height, side yard setbacks, and ground floor access. Property Description The development site is rectangular in shape and is approximately 3.1 acres in size. The site is located on the north side of Edinger Avenue, just west of Fairview Street. The site is currently vacant and is located within the Two-Family Residence (R2) zoning district with a General Plan Land Use designation of Low Density Residential (LR-7). The zoning for the subject site allows two-family dwellings and townhomes. Surrounding land uses include single family residential uses to the north, multiple family residential to the east and west, and Centennial Park to the south (Exhibits 1 and 2) . Project Description The proposed project involves the development of 44 townhomes on a site of approximately 134,000 square feet in size oriented towards Edinger Avenue in a courtyard style setting. Each townhome will be two or three stories in height and include a two-car enclosed garage on the ground floor level. Units will range from 989 to 1,690 square feet in size and will consist of two and three bedroom layouts. Vehicular access to the site will occur along Edinger Avenue through a private gated system and include an internal looped drive aisle with access to individual units and parking areas. A total of 142 parking spaces will be provided for the project, with 88 enclosed parking spaces and an additional 54 open guest stalls. As part of the proposed proj ect, the applicant is requesting approval of a variance to allow a reduction in the parking requirements from 4 parking spaces per unit to 3.2 parking spaces per unit. Amenities such as individual private provided on-site in a 5,400 square foot recreation and barbeque area, courtyards and a common pedestrian paseo will be order to encourage casual social interaction. 758-4 GPA No. 2005-01; TTM No. 2005-07; VA Nos. 2005-53 through 2005-56 November 14, 2005 Page 3 The townhomes are designed to complement the surrounding community. There are two building types for the proposed project, including two 6- plex buildings and four 8-plex buildings. The 6-plex buildings will be located at the project entrance and will serve to frame the entry into the community. The 8-plex buildings will face each other forming an open space courtyard conducive to family activities and social interaction. The project will tier down from three to two-stories along the northern property line to maintain privacy and ensure sensitivity to the existing single family uses. The townhomes will feature Monterey style architecture with wooden balconies and wrought-iron elements serving to reduce the scale of the buildings and help individualize each townhome. Exterior finishes for the proposed project will consist of smooth plaster with neutral earth tone colors. Additionally, proj ect entrances and pedestrian walkways will include enhanced paving and individual interlocking pavers (Exhibits 3, 4, 5, 6 and 7) . Analysis of the Issues General Plan Amendment The City's Land Use Element provides for three distinct residential land use designations which correlate to specific zoning districts. The proj ect site currently has a General Plan Designation of Low Density Residential with maximum density of seven units per acre. The intent of the Low Density designation is to allow for the development of single family homes. However, the zoning for the project site (R2) allows for two-family dwellings and townhomes. This zoning establishes the benchmark land use regulations for this property; it permits a maximum density of 22 units. In order to allow the proposed 44 townhomes at a density of 14.3 units per acre, the applicant is requesting an amendment to the General Plan to Medium Density Residential, which permits a maximum of 15 units per acre. The City promotes the rehabilitation of vacant properties. townhomes are consistent with the Land Use Element's goal development that has a net benefit to the community and quality of life. The project will provide a pleasant The proposed of promoting enhances the medium-density 758-5 GPA No. 2005-01; TTM No. 2005-07; VA Nos. 2005-53 through 2005-56 November 14, 2005 Page 4 residential development within the context of higher density and single family residences. The architecture for the project will contribute to the sense of community in the area through street-oriented building elevations that create architectural and landscape interest along Edinger Avenue. Exhibit 8 includes revised text and land use map exhibits for General Plan Land Use Element. The proposed General Plan Amendment No 2005-01 to change 3.1 acres to the Medium Density Residential is included in these revisions, as well as general plan amendments previously adopted by City Council. These revisions to the Land Use Element document also reflect various corrections and transportation improvement such as the widening of the Santa Ana Freeway and the realignment of McFadden Avenue at Main Street. Tract Map The proposed tentative tract map for this project satisfies two objectives. First, it consolidates the six existing parcels into one comprehensive development site. The consolidation allows the development of the proposed townhomes and satisfies critical development criteria such as minimum lot size and street frontage requirements. The second objective of the map is to create a condominium subdivision for each of the 44 townhomes. The condominium subdivision is necessary to provide for-sale units which encourage home ownership and ensure a true owner-occupied product (Exhibit 9). Parking Variance As part of the proposed project, the applicant is requesting approval of a variance to reduce the project parking requirements. Section 41-282 of the code requires off-street parking for townhomes to be provided at a rate of two parking spaces per unit plus two guest spaces. This project provides a total of 142 parking spaces on-site, though 176 parking spaces are required per code. Therefore, a reduction of 34 parking spaces is being requested. The request to decrease the number of guest parking spaces resulted from a comparison of the parking standards of neighboring Orange County cities and other similar projects within the City such as the lofts in the downtown area. 758-6 GPA No. 2005-01; TTM No. 2005-07; VA Nos. 2005-53 through 2005-56 November 14, 2005 Page 5 Staff surveyed the townhome parking requirements of seven neighboring cities, namely Tustin, Newport Beach, Anaheim, Fullerton, Orange, Huntington Beach and Garden Grove (Exhibit 10). In this research, staff found that all of the cities surveyed have a parking requirement that would be less than the 3.2 parking spaces per unit as proposed by the applicant. All of the cities surveyed indicated that their parking requirement was adequate and has not resulted in project parking shortages. Based on the results of the parking survey, it is anticipated that the proposed request to reduce the parking requirement of the project from 4 to 3.2 parking spaces per unit will not result in inadequate parking capacity. Additionally, recent city projects such as City Place, Santiago Street Lofts, and the downtown lofts were approved with a comparable parking standard. Height Variance Section 41-277 (a) of the code limits the height of townhomes to 27 feet and no more than two stories in height. In order to introduce the tuck- under two car garages for each townhome, the applicant is requesting a maximum height of 35 feet and three stories in height for 30 units. The remaining 14 units will comply with the height limit. All of the units will provide a minimum setback of 60 feet from the property line to the closest single family residential uses to the north in order to ensure privacy. In evaluating the applicant's request for added mass and height, the architecture and the distance from adjacent buildings was closely considered. The proposed project features smaller-scale forms such as recessed windows, projecting balconies and other significant elements which visually reduce the height and scale of the proposed buildings. These features were utilized to emphasize and define the individual units while adding visual interest to the development. Additionally, the proposed ground-level garages will allow for enclosed parking in garages immediately available to each homeowner. The proposed three-story units utilize space well, will conceal visible parking through enclosed garages at the ground level and create a privacy buffer to the adjacent residential uses. 758-7 GPA No. 2005-01; TTM No. 2005-07; VA Nos. 2005-53 through 2005-56 November 14, 2005 Page 6 Setback Variance Section 41-280 of the code requires townhome units to provide a minimum 10-foot landscaped buffer between the buildings and Edinger Avenue. Although the applicant has satisfied this requirement on 42 of the units, a seven-foot landscaped setback from the site perimeter wall is requested for two of the units, affecting a total of 30 feet of street frontage. The two townhomes placed closer to Edinger Avenue will create a greater presence reflecting the urban design of the project, which emphasizes pedestrian oriented spaces. These townhomes will have entrances directly accessible from Edinger Avenue, providing archi tectural interest at the street level. The townhomes along Edinger Avenue will be heavily landscaped and will allow for appropriate decorative hardscape, trees and courtyard entry gates. It is not anticipated that the applicant's request for a three-foot reduction will affect the aesthetic or functional integrity of the proposed project. Floor Plan Access Variance Section 41-286 (a) of the townhome standards requires a minimum of 40 percent of living area to be accessible from the ground level. As proposed, the applicant will provide units that have private courtyards and entries to each unit from the ground level. However, the applicant is requesting relief from the living area requirement in the code due to the clustered nature of the development and provision of a two-car garage for each unit on the ground level. The proposed tuck-under garages create a challenge in providing a large portion of living area on the first level. Although a majority of units will contain a living area on the ground level, 10 of the units will be accessed via a landing to the primary living areas on the second and third floors. The intent of this standard was to provide direct ground access to each unit and to minimize aesthetic concerns related to outdoor stairwells and second story front entries typically found in multi-unit developments. All staircases for the proposed project are enclosed within the individual units and each townhome will be directly accessible and visible from the street. Additionally, all units will have direct garage access from the first floor. As a result, it is not anticipated that the lack of 40 percent living area on the ground floor for each unit will affect the aesthetic or functional quality of the project. 758-8 GPA No. 2005-01; TTM No. 2005-07; VA Nos. 2005-53 through 2005-56 November 14, 2005 Page 7 Public Outreach and Project Revisions A public hearing was held on September 12, 2005. At the conclusion of the public hearing, the item was continued in order to address issues raised by both the Planning Commission and the Windsor Village Neighborhood Association related to privacy, light impacts, density, parking, and amenities. Staff held multiple neighborhood meetings in order to clarify and address all outstanding issues. As a result of these discussions, the applicant has revised their plans to scale-back all units to two stories along the northerly property line to ensure privacy to existing neighbors. Further, the applicant has revised their landscape plan to provide a visual screen comprised of juniper trees spaced at four-foot intervals along the northern property line and the addition of light shields to prevent light intrusion onto the existing residential uses. Lastly, the applicant has added a total of 10 fireplaces to the project and will adhere to all conditions regarding interior amenity features (refer back to Exhibits 5, 6 and 7) . Although additional concerns relating to parking intrusion into the existing neighborhood to the north and perceived project density were brought up by various neighborhood representatives, staff's analysis did not find evidence sufficient to conclude that parking intrusion would occur as a result of the reduced parking ratio, nor that the density would be unsuitable for the parcel and its location along Edinger Avenue. The proposed subdivision contains adequate street frontage and lot size for the proposed development. Additionally, a survey conducted by staff revealed that the nature of this type of development requires less parking than is required by the current code. Lastly, a mitigated negative declaration was prepared that incorporates various mitigation measures to ensure that any project impacts are reduced to a level below significance. The applicant has been responsive to concerns brought forth by the neighborhood and has designed the architecture to contribute towards the positive appearance of the community. The proposed townhome development will enhance and provide a positive improvement to the west side of the City through the development of a previously underutilized property adj acent to Centennial Regional Park along Edinger Avenue. The development of this site with high quality design, materials and finishes, the inclusion of private open spaces, pedestrian paseos, and heavy use of landscaping will create a visual link along the Edinger Street arterial corridor and will help in 758-9 GPA No. 2005-01; TTM No. 2005-07; VA Nos. 2005-53 through 2005-56 November 14, 2005 Page 8 energizing and strengthening this westerly gateway area. The project will reinforce an active, vibrant urban lifestyle while ensuring that any impacts of the development are mitigated through careful building placement and design. Additionally, the project will be a direct benefit to the community by providing additional housing opportunities in the City. The project addresses many goals and policies of the General Plan by assisting in the growth of an economically viable corridor, provision of a variety of residential land uses and the construction of a high quality development. In summary, it is recommended that the Planning Commission recommend that the City Council approve and adopt Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2004-298, and adopt a resolution approving General Plan Amendment No. 2005-01, Tentative Tract Map No. 2005-07, Variance No. 2005-53, Variance No. 2005- 54, Variance No. 2005-55 and Variance No. 2005-56 pursuant to the findings and conditions attached (Exhibits 11 through 21) . CEQA Compliance In accordance with the California Environmental Quality Act, Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2004-198 has been prepared for this project. This document was distributed to the Planning Commission on August 24, 2005 and is not included within this report. The Public Review period for the document opened on August 23rd and closed on September 21st. At the conclusion of the public review period, no comments were received. The negative declaration identified impacts pertaining to noise, water quality, soils and air quality. However, these impacts have been mitigated to a level that is less than significant. , ., . -- - ~I'" /,... Verny Carvajal Associate Planner Vince Fregos , Senior Planne VC:JM vc/reportS/GPA05-01JohnLaing.111405.pc 758-10 SP-2 Ls :/, Rl ~~., 1Z2U R1 Rl R1 a: t;; ,,;mmt;; 1 R1 Rl ~:I<~ 1 I~ S1R1 r C5.. iSP-2 ! Il A1 I~ 'OJ<:"'. ~:,,:'! 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COMMERCIAUMUSEUM DISTRICT GENERAL COMMERCIAL CENTRAL BUSINESS CENTRAL BUSINESS-ARTIST VilLAGE PLANNED SHOPPING CENTER ARTERIAL COMMERCIAL CR GC "' "2 "0 o P PCO PRO COMMERCIAL RESIDENTIAL GOVERNMENT CENTER LIGHT INDUSTRIAL HEAVY INDUSTRIAL MILITARY OPERATIONS OPEN SPACE PROFESSIONAL PLANNED COMMUNITY DEVELOPMENT PLANNED RESIDENTIAL DEVELOPMENT -@J R1 R1 lINe"'''LN R1 R1 R2 R2 M r---w;;-SH;F'1;;" Rl R1 Rl , '''''''Rl C1 R. '" C1 r-""'--I ~~.., CLiB- ~"~C1Cl'; R2 J , ~ , 'A2 R2 !~2 I ,./ h?N R1 Il R2 "a,.!!.~ i .~ OCC:IDENT~LST, (f R1 R1 R2 R3 R' RE SO SP SINGLE FAMILY RESIDENTIAL TWO FAMILY RESIDENCE MULTIPLE FAMILY RESIDENCE SUBURBAN APARTMENTS RESIDENTIAL ESTATE SPECIFIC DEVELOPMENT SPECIFIC PLAN GPA 05-11TPM 05-7NA 05-53 to 56 JOHN LAING HOMES 2823-2929 WEST EDINGER AVENUE P LAN N N G AND B U L D 75g~~11 A .9(' - '" 500 FEET N G AGE N C Y a: Q :=; <( o J~ S , N L E L E A MIL AVENUE '"' ~~ R E S I E N T I L 1Il :E:$ <( ~~ ~ ~c ~- R S I E T I A L S S ELDER S N A 'L BORCHARD S , N E L SING E FA ILY MULTI 'AMILY RE IDEN IAL RESI NT/AL ... IfJ f! '" EDINGER AVENUE CENTENNIAL PAR K ~ !!! '" $ il A GPA 05-1rrPM 05-7NA 05-53 to 56 JOHN LAING HOMES 2823-2929 WEST EDINGER AVENUE A .gy" PLANN N G AND B U L 0 N G AGE N C Y E'WIBjT 2 75t:S-12 .. -I' \-, ,"" '-~ >_.J i~ ~:B t II P} I ~~i. ~,fi' , --'<i""'\[;, ~~:- >< _-1.-;,J , .. -Il,'~' --17- I /'-' !--~ ! 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M ~ " z ~ ::0 00 ...... < u '" " ~ '" ~ g ~ ~ li' 9 ~ "" >- b @ 11II '.Of ~::!i;:;if;""''''i",!,1 0 .~HI 'dnO~Agr)i ! f rn r ! f l z o >= < > w -' w or w CO z B w V I N i1 0:1 I '1 VNV V.LNVS },lIWV:I - LL 'In W B {) NIG 3. 715B15114 j' ., " r , ! 1! ~ ~ rJ ~ J: "",..g gp~ ti, r: ! 'l"~~iP ::! Ii! 1l;:2 il:l"l'l;:::l ~ ~ " ~! "Hfl~! ~ J,q..!l~Q);~~ ::s N (<l'" '" '" t'- "" ~ Ol ~ :J[: " =~t III x Q) a. co ,...; , . 1< II , Ii =;;; Z< 0= ~'" ",,;;: ",,- >;': '"' - ..:; '"' - ~ Ct ~ "" "' ""X >->- """ "" =0 o U Ct Z "" "" Z o "" ~ .. "" u ... >- "" ~ v ~ ~I ~ .,.~., Q .~ :,:..-.-..J o " I- ..c ::.::::2 "", UQOOO oeaoo ~ , I ~ " o ~ -;;; U ~- ..;: o ill C <J.) (/3 S o ........q ~ ~ r-S 1-< Cl) "OJ) ~ ....... ...-0 I , j ts~'15 .'< ,I' ("::; 35 lV'lN3a/S3~ DNIJ.SIX3 @ @---, v G -- @------- ) ~ 1 ~'~~," ;~,~;: ~:j.~ ~>>.~:-;. ^ .~..' <,) ~ -- ----{~ g ~ . ~ . f5~116 I ;~ 1""J~3WW0'5/ DNIJ.S/X3 Iii ;, ~ l J.", , r,.i.., ! 1; . j \fJ. <.' ~ : ~ t Jj[,iL H , @ljj Gl O....<DG)OO.. II .~ co o ~Q ::i~ ::i: , ~ ClJ < ~!- lJ...J ~ a:: (] I I I, , I . ..." o ~.,.g -.5 0 'IJ ....0 Ox -= :.u :~ " % >. t " :::.. :;J c = " .- ::",.J 'c ~ '0 ~ ~ Co! Ii~ f5~117 ~, V Ijl '....,.': 0 '. -:', ~ \ - j ....'.. l:: ~ .!!. s ~ .~ .... u OJ ill OJ - '" - OJ ~ .~ ... CI m Q) S o .......c: ;:: ~ rS .... Q) "OJ) ;:: .- ..---0 II! LAND USE ELEMENT SANTA ANA GENERAL PLAN lm Of ~1~\1i~ ~: ~I~' (JE\ER...\L " ! I PL\\ ! ' J , , City of Santa Ana Planning Division Adopted February 2, 1998 The following is a chronology of the approved general plan amendments that have been incorporated into this document since the comprehensive update of the General Plan Land Use Element adopted by Santa Ana City Council February 2, 1998 (GPA 1997-05): GPA 2005-01 (adoption date), GPA 2005-02 (October 17, 2005), GPA 2004-04 (July 19, 2004), GPA 2004-06 (July 6,2004), GPA 2003-02 (June 16, 2003), GPA 2003-01 (February 18, 2003), GPA 2002-01 (September 3, 2002), GPA 2002-03 (August 19, 2002), GPA 2001-03 (February 19, 2002), GPA 2001-02 (January 7, 2002), GPA 2000-09 (May 7, 2001), GPA 2000-08 (February 5, 2001), GPA 2000-03 (December 4, 2000), GPA 200Q- 02 (November 20, 2000), GPA 1999-02 (October 18, 1999), GPA 1999-01 (AlJ9ust 16, 1999), GPA 1998-04 (October 5, 1998), GPA 1998-05 (September 21, 1998), GPA 1998-01 (May 4, 1998). t!f!~f~a ~ , -.- , r tIl ~ a. C (fl CD m "'0 ; OJ g ~ ~ .I..I..~~'~[ ..... 2 R ";::, 'l' ;>:J -..l ~ g ~ ~ ~ ~ ~ W ~ ~ ~ W ro ~ ~ ~ ~ ~ ~ · · ~ ~ ~ 0 o ~ ~,V1 " g. ~ ~ ~ ~ ~ $: m '1i~~.~~~~2.~cQ. ~,,~~o ~".3~:J o;;~ ~~q~~9l. '~ o'l~,~_. ~ 3 . ~ ~ 0 0 !~ 011 ill ~ ~ i! ~ ~ .:::; ~ g ~ II 758-19 ~ " , .~o --~--- , ~ " )l '" ~ ~ f C1l r .., ! '" III ~ ~ en '" , ;::;: 00. c ~ ~ '< I. ~ !' 'TIUl~C q ~ 0 )>~C1len . ~ ~ ;:0 III - C1l . ~ '" 0 ~ I m )> 0. 1:1 "'ll ~ 0 '" .., III 3 III ~ CDaCO::J J:: lllen",Ro en_~ ij:~~~ <;.;;:;: '~'i .rg wrm ,."1"1' or< 'l" oo! ~fo h~ i: , 'l',- ~ if a ., ~ l' . I: i. ~~~~~~~b~b~i~b~bb~b~~~ 758-20 ." ~ ":;;;~''::';;''''-. M , ~, , ...1 ! , .10..... ., I. @ z " z ~ ~ g R c. ~ c f , q fa j S' R I .. j ~ ~ :;ijj l- . [ ~ " if: II I ~ ~ I !-ol'i c ~.~ , ~ ~ ~ . "I ~ ! h j 0 , , , g! c ~ . ~~ -'- c ~ ~~. " .: 0 ~ 1; 0 0 0 0 0 0 N ~ " " .. .. " " <0 " ~ ~ LAND USE ELEMENT . To encourage lot consolidation for optimal site design, the floor area ratio can be calculated on an area wide basis for contiguous parcels which are part of a large, multi-structure project. . To qualify for an area wide floor area ratio calculation, a project must be integrated in design and function, and the owner/developer must record deed restrictions limiting the project area to the legally allowed floor area ratio. Land Use Designations The Santa Ana Land Use Plan includes .w land use designations. These designations indicate the types and intensity of development to be allowed on the property which they cover. Generally, the designation also reflects the predominant development character of the area. As is typical in older, urbanized communities like Santa Ana, there are some areas where existing development does not completely reflect the land use designation of the Land Use Plan. Where these occur the properties are deemed legal conforming and may continue until such time as the property has been vacant for twelve months or more. Each land use designation and a brief description are discussed below. Residential The Land Use Plan provides for three distinct residential land use designations. Residential development is also permitted in two other designations: District Center and Residential/Industrial. The Santa Ana Land Use Plan includes the following residential land use designations: . The Low Density Residential (LR-7) designation applies to those areas of the City which are developed with lower density residential land uses. The allowable maximum development intensity is 7 units per acre. Development in this category is characterized primarily by single-family homes. This designation applies to a large proportion of the City (~ 6,474 acres) representing J+ 4'7 percent of the City's total land area. . The Low-Medium Density Residential (LMR-11) designation applies to those sections of the City which are developed with residential uses at permitted densities of up to 11 units per acre. The land area included in this designation is approximately 443 acres. The great majority of the land designated as Low-Medium Density Residential is located in the westerly portion of the City, north and south of First Street. Properties with this designation are typically characterized by mobile Revised (adoption date) pag1t'S-21 LAND USE ELEMENT home parks, a mixture of duplexes and single family residences, or small lot subdivisions. . The Medium Density Residential (MR-15) designation applies to those sections of the City which are developed with residential uses at densities of up to 15 units per acre. Development in this designation is characterized by duplexes, apartments, or a combination of both. A total of 400 ",i10 acres is designated as Medium Density Residential. The designation applies to areas located in the vicinity of downtown, areas north and south of MacArthur Boulevard, and in other areas where there are established multiple-family development projects. . The Residential/Industrial designation permits either residential development up to 15 units per acre or industrial uses. The designation applies to the Logan neighborhood, which was established near the turn of the century. Since the 1930s, this M1.~m~-acre area has developed with a mixture of residential and industrial uses. . The District Center designation permits residential development up to 90 units per acre when it is a component of a mixed-use, master planned project, approximately aas $QI;! acres are in this designation. This category is described in greater detail later in this section. Professional and Administrative Office The Professional/Administrative office (PAO) designation applies to those areas where professional and/or administrative offices are predominant, or where such development is being encouraged. Land included in this designation is found primarily near the Civic Center, and along the First Street and Tustin Avenue Corridors in close proximity to freeways. There are other smaller PAO areas in the City such as along North Broadway and along portions of east and west Seventeenth Street. A total of ~ 7gS acres is included in this land use designation. The floor area ratio intensity standard applicable to this land use designation ranges from 0.5 to 1.0. Revised (adoption date) The Professional and Administrative Office areas are intended to provide a unique environment for office development in those areas of the City where office uses are the predominant land use. The purpose for maintaining and supporting these areas exclusively for office and office-related uses is to encourage major employment centers at locations which significantly lessen the impact to the City's local street system. The First StreetlTustin Avenue office corridor between the Santa Ana (1-5) and Costa Mesa (SR-55) Freeways serves this purpose. In addition, the orderly, well-maintained quality of existing development supports a continuation of these areas as functional office/emPIOY~SS,~~2 LAND USE ELEMENT The Professional and Administrative Office designation includes a range of floor area ratios to differentiate development intensity and character in relation to adjacent land uses. The areas with a FAR of 0.5 are not major office centers, but rather have an established character of lower intensity garden office and professional service uses. These areas are typically adjacent to low density residential neighborhoods, or are converted residential office uses. Office development along East Fourth Street, between Grand Avenue and the Santa Ana Freeway, is typical of this low-rise office character. The Tustin Avenue/First Street corridor area is unique because of its location between two freeways and three major arterial streets. This area is where major office development is targeted. The PAO area located adjacent to the Civic Center contains office development which supports the City's functional role as the government center of the County. The types of uses typically located in the PAO district include the following: . Professional and administrative offices/office parks; . Service activities such as copy centers, courier services, travel agencies, and restaurants when such uses are an integral component of a planned office development; and . Professional uses such as accountants, attorneys, doctors, engineers, and insurance brokers. General Commercial Districts The General Commercial district (GC) applies to commercial corridors in Santa Ana including those located along Main Street, Seventeenth Street, Harbor Boulevard, and other major arterial roadways in the City. The intensity standard applicable to this designation is a floor area ratio of 0.5 - 1.0, though most General Commercial districts have a FAR of 0.5. A total of 1,115.21,108 acres of land is included in this designation. General Commercial districts are key components in the economic development of the City. They provide highly visible and accessible commercial development along the City's arterial transportation corridors. In addition, General Commercial land uses provide important neighborhood facilities and services, including shopping, recreation, cultural and entertainment activities, employment, and education. The districts also provide support facilities and services for industrial areas including office and retail, restaurants and various other services. Revised (adoption date) pa91SB-23 00 r ANA~~ LAND USE ELEMENT The General Commercial development standards are based upon the character and intensity of development, as well as the degree of access and market demand for these properties. The relationships to adjacent land uses, are also considered. Uses typically located in this district are: . Business and professional offices; . Retail and service establishments; . Recreational, cultural, and entertainment uses; and . Vocational schools. General Commercial Districts have a floor area ratio of 0.5 with the exception of the Mid-town area which has an floor area ratio of 1.0. District Centers The District Center (DC) land use designation includes the major activity areas in the City. Five areas of the City, totaling ~ ~fl:9 acres, are designated as District Center. The intensity standard for the District Center ranges from a floor ratio of 1 .0 to 2.0. District Centers are designed to serve as anchors to the City's commercial corridors, and to accommodate major development activity. District Centers are to be developed with an urban character that includes a mixture of high- rise office, commercial, and residential uses which provide shopping, business, cultural, education, recreation, entertainment, and housing opportunities. Residential developments within District Centers are allowed at a density of up to 90 units per acre when developed as an integral component of a master planned, mixed-use project with the exception of the One Broadway Plaza District Center. These areas serve as major employment centers locally and regionally, and should include development which promotes the City as a regional activity center while creating an environment conducive to business on a regional scale. District Centers in Santa Ana include the following: . The Main Place District Center includes a regional shopping center and office complex. Additional high intensity mixed-use development is programmed for this district. Revised (adoption date) 7580124 LAND USE ELEMENT Industrial The Industrial designation applies to those areas developed with manufacturing and industrial uses. The designation applies to areas which are predominantly industrial in character, and includes those industrial districts in the southwestern, south central and southeastern sections of the City. A total of 2,497 ~~~~!il~~ acres of land in the City is designated as Industrial. The maximum floor area ratio for this designation is 0.45. The Industrial districts of the City are vital to its economic health. These areas provide employment opportunities for local residents, and generate municipal revenues for continued economic development. As one of the County's oldest cities, Santa Ana has long been an industrial center for the region. The City's goal is to maintain this strong industrial base by setting land use policies which preclude the intrusion of less intensive commercial or residential uses. Typical uses found in this district include the following: . Light and heavy product manufacturing and assembly; and . Commercial uses which are ancillary to industrial uses in the district. Institutional The Institutional designation includes the Civic Center, other governmental facilities, City facilities and public institutions such as schools, etc. Only public properties of approximately five acres or more are designated as Institutional. The maximum applicable floor area ratio standard for this designation is 0.5. The 0.5 FAR is used as a guideline since most development in this designation are State, federal, and local governmental facilities that are not subject to local development regulations. A total of &W a~~;lil acres of land is included in this designation. Open Space The Open Space designation is applied to parks, water channels, cemeteries and other open space uses. A total of ~ liQ~1:l acres are included in this land use designation. Of this total, 375 acres of public park land is included in this land use designation. Revised (adoption date) PageBof11 758-25 LAND USE ELEMENT Revised (adoption date) Table A-4 indicates the development possible under the build-out of the Land Use Plan. The build-out for residential land uses considered two scenarios. Effective build-out for residential development is calculated by adding the ~ai~a~ units possible in the areas designated as District Center to the existing 74,588 units presently found in the City. Theoretical build-out for residential development considered the development possible if all of the areas designated as residential were developed according to the permitted Land Use Plan intensities. Since the Land Use Element does not contemplate the elimination of existing housing in the City, the effective build-out figure represents a more realistic estimate of future residential development. As indicated in Table A-4, four of the non-residential land use designations have a range in FAR intensities. For the non-residential land use designations, effective build-out considered the development possible under the lower range of FAR intensities while theoretical build-out considered the upper FAR range. Typically, parking and landscaping requirements will result in significantly less floor area for commercial and industrial developments than that which is permitted under the General Plan. As indicated in Table A-4, between 60,2~8 59,171116 to 77,810 77,a~O housing units are allowed by the Land Use Plan. The additional units which presently exist in the City beyond the maximum number permitted under the theoretical build-out scenario are a reflection of the higher density multiple-family developments constructed in the 1970's and 1980's. However, the purpose of the Land Use Plan as its applies to the residential areas is to preserve and maintain the stability of existing neighborhoods, regardless of the character of development. The intent of the Plan is not to create any displacement, nor decrease existing development densities. Rather, it is to ensure a safe, healthy, and livable environment for City residents. Existing residential development entitlements are protected through this Land Use Element, applicable Zoning regulations, and sections of the City code pertaining to legal nonconforming uses. The Land Use Element's implementation may result in an increase in the amount of commercial, office, and industrial development in the City. As indicated in Table A-4 up to 50,338,807 54,552,017 square feet of commercial and office development, and ~9,138,293 44,891,128 square feet of industrial development are possible under the effective capacity parameters of Land Use Plan. 7SS~26 Land Use Residential Low Density Residential Amended Table A-4 Land Use Plan Build-out Capacities Acres LR-7 6,552.7 ac. .......H..rll."'.i~....4.... J!m~~]f:~r",:! Low Medium Density Residential LMR-11 Medium Density Residential Residential/Industrial, District Center, SubTotal Commercial Prolessional & Administrative Office General Commercial District Center, MR-15 R/J -15 DC PAO GC DC ~ac. ~ac. Mac. ~ac. mmm!!~~I~! 7.150.5 ac. m!mll~~II~!l!i Intensity/ Density Standards 7 d. u/ac. 11 d.u/ac. 15 d.u/ac. 15 d.u/ac. Effective Build-out, Theoretical Build-out 4,875 d.u. 90 d.u/ac. J,222 !l.U. .mHi mmm!~~~~!!!lHl!i! 77.810 d.u. 4 60,218 d. u. m!jmmm!!!!!!ll!~~~gO!~~~*I!~i 'EHW ;!III!IH~ml~~ll~~~~l ~ ac. FAR 0.5-1.0 11,149,749S.t. 22,899,492s.t. i'i!!mil!!lml~~~~~~~~ml\!illml!! !1!1!~mm~~H~~~!~I\!~m 1,116.2 ac. mll!!W~m.ll~I~!! FAR 0.5-1.0 24,J10,8J9S.f. 48,921,972 5.1. Hi. 11~~I!~~~~m!i!~.II~I\!~i!ml\!~~i~i~~~!!~I~W ~ ac. FAR 1.0-2.0 14,OJ5,OJ2s.t. 28,070,054 s.1 'i!mml\!l~~~Il~~i~~II~lmlii '!IW~~~ml~~I~~~!~I\!~l\!i SubTotal One Broadway Plaza District Ctr, OBPDC 4.3 ac. Industrial Industrial Residential/Industrial, SubTotal Other Institutional. Open Space SubTotal IND R/J -15 INS OS 1,968.1 ac. ii.m~~~l)~l!lii . };497.2 ac. ..'2,~8Q." Mac. 2.506.8 ac. H2,290.1 3-1-M ac. 1,Q21.0 ac. 1,019.0 3,663.0 ac. 1,831.6 FAR 2.9 FAR 0.45 FAR 0.45 FAR 0.2-0.5 FAR 0.2 7SS11121 543,193 s. I. 543,193 s. I. 50.338,8076.f. 100,131,121 d. Hii!!i!i!m~~i$ll~~Il~7;!!lIitii i'I1Il~~~.~~!!it1!!~ifHi HFii!...iii4..4........4..8.......i.:,i...i~.ii.....,.51.....".0..i..i.I..2..1.....i.O..1......2.4i..........i.~.....:.~...........1... .FiFi44~:.9fl51~i:.2112~.il~:~ 1:: . ~ . iOl<it~ '>;:;,:)';r:;;LJU,.r:LJi",>~H";:' 188,1795.1. ..,160i~6s,f. 19,138.2936,f. '. 44,891 i128 ,S.f. 7,080,205 s.l. 7,Qfl9j02S s.l. 8,894,9525.1. 8,877,876 $.1. 15.955, 157 s.f. 15.956,899 s,t. 188,179 sf. '.' 180;926$:1. 19,138.2936.1. 44,891..128$,f, 17,850,512s.f. 1fl,69Z!,$o7 s,f. 8,894,952 s.l. 8,877,876 s,l. 26.515,461 6.f. 26.575,433 s.f. Notes: , Effective capacity lor non-residential development assumes development possible under the lower range 01 FAR intensity standards. Residential effective capacity was calculated by adding the ~ 3,232 units possible in the District Center with the existing 74,588 (Census 2000) housing units. , Land use desi9nation permits both residential and industrial development. Build-out assumed 50% 01 the land area will be developed as residential and 50% as industrial development. , Land use desgination permits both residential and commercial development. Build-out assumes 90% 01 land area will be developed as commercial and 10% will be developed as residential. FAR - fioor area ratio, d.u.-dwelling units, s.f. - square leet (01 fioor area). Acreage shown in table does not include roads in ri9ht-ol-way. . Effective capacity assumes FAR 010.2. 5 Land use designation permits high intensity office development with ancillary retail use. This table has been revised to correspond with the GIS Land Use Map illustrated in Exhibit 2. 7 5S~28 .....r ~!~;;g:f~11~ 0 - it :! ~~' SI'IM, 1111'1TNOJ , ."" ";S . 'AlJ. 9N11SlX3 :L_ ;"_"Jll\IlJa ~' _1 ,<C '~ -~'~ '~1 '" I ."^' lVlJH3V1/IN OJ $-81.1,3 1m'ill 1.1:Ill.'QW.Jl.:)'fl!..l. g.uOIEA! -.,--- 9N11SrX3 VIN'MO:lIL J'NVV1NVS A1IWVd-LL'InW'lIaONIa3! ,-;\ttr"J.S1 M3JAl:IIV.::f " , ,-'I i ')~" i // II! ':r'~-~:-L~ II, ,D -l-----r:=-::t- !!i'iE,+' f)" I J, : * . I' II , , , , I' , , tt , , 'f I'" , , , I , , , , , " , " , , I' II " , , , " " , , , , , , k I , , I' , j , , , , I' " , , , I , , , I , , , , , , , , , , 1..1 , , , I , , , , , , , I , , , , , , , , I' ,! " '! I: !I I' :j V Ii I i I ~! " !I I , , , , , , I , , , , , , , , , , , I Ili I': " I,i II': 1:1 jl i II: II: 1:1 :,1 ,.11 I, " " I: :1 ~:- tlll, I I , 1 I , ,I I , 1 , , , , 1 1 i I I I , ! I , : ,r-'" ,. III "'!II " ,I I: ~ ......-.., UJ ~ UJ > < II: ~ '0; b UJ "e,__;':':,>:'<< .' ~",.. 9 tL 0 !u z <{ 0 1-> z <{ !D P ~~ en ~! i'i 0 ~ ['j Ii: ~ ~ ! ! II II Ii 11111 II i illlillli..jl:! 111111111111111 1" II I i II ~ II, I I " , I ~: ~ !ntji~~iil I '''' I '" 0 i g _ '!i ~I!!I ~!IU ~lh ~!iil 1-1 jlll ~ !1l1 ,I. ' !ill.1I ,IJI... ~ din ~ m!! 1II ~~~~n rlJlil ~ II,!II I:I! il;; I:,' II.: , ";1 I;;S ~ !!lll ~ ,-01. J I!il! Ii! ~! 'II ,:!ii ~ Ii: 1!;iG I', 11,1 pii .1 1 IIi ,i Ilml III.!I "1,1 ~u. II l!:I'j' :!:I:,;I 'H _ ~llll __ _,,_,,". ""oI~~,,"." ;, Vl , , u , 0"- Il n !t~ '" I. '-0 >'-< 0 z~ ",::: u;2 <'" "-< ~;: < ,..,~ :;; ~ ..,- .., >== > >'-<>: - ""0 ,.., <0 < ,..,~ '" Zu Z ..,'" .., ,..,;2 ,.., Iji 1..1 11I1 @ I ; li~ TOWN HOME PARKING SURVEY RESULTS SURROUNDING ORANGE COUNTY CITIES p~..... TUSTIN 2.25 spaces per unit NEWPORT BEACH 2,25 spaces per unit ANAHEIM 2,25 spaces per 2 bedroom unit and 3,0 spaces for 3 bedroom unit FULLERTON 2,50 spaces per 2 bedroom unit and 3,0 spaces for 3 bedroom unit ORANGE 2,0 spaces per 2 bedroom unit and 2.2 spaces for 3 bedroom unit HUNTINGTON BEACH 2.50 spaces per 2 bedroom unit and 3.0 spaces for 3 bedroom unit GARDEN GROVE 2.75 spaces per 2 bedroom unit and 3.0 spaces for 3 bedroom unit "5BL~ EDINGER TOWN HOMES MITIGATION MONITORING PROGRAM ER 2004-198 Mitigation Measure The developer shall use zero Volatile Organic Compounds (VOC) content architectural coatings during the construction of the project to the maximum extent feasible. Building plans shall identify the architectural coatings proposed for the project. Prior to commencement of construction activities, the project developer shall identify to the City a construction relation officer to act as a community liaison concerning onsite construction activity impacts. The name and phone number of the construction relation officer shall be posted on the project site To ensure compliance with SCAQMD Fugitive Dust Rule 403, grading plans and demolition plans for the proposed project shall reflect the following notes: All material excavated or graded will be sufficiently watered to prevent Timing Prior to Building Permits Prior to Construction Prior to Grading Permits 1!1!f!~1f 1 of 10 Agency Planning/ Building Agency Approval Planning/ Building Agency excessive amounts of dust. Watering with complete coverage shall occur at least twice daily, once in the late morning and once after work is done for the day. All clearing and earthwork activities shall cease during period of high winds (winds greater than 25 mph averaged over one hour) or during Stage I or Stage 2 smog episodes. Streets surrounding the project site should be cleaned at the end of each day of construction. All material transported offsite shall either be sufficiently watered or securely covered to prevent excessive amounts of dust. The amount of area disturbed by clearing and earthwork activities shall be minimized at all times. Equipment engines shall be maintained in good condition and in proper tune according to manufacturer's specifications. To the extent feasible, gasoline powered equipment 758-32 2 of 10 shall be used for onsite and offsite construction activities. Prior to the issuance of grading permits, the applicant shall prepare a site- specific geotechnical study that addresses the seismic and liquefaction constraints and soil conditions on the project site, the building load requirements and identifies design recommendations to ensure the geotechnical stability of the project. Prior to issuance of grading permits, the applicant shall submit for review and approval a surface drainage/grading/ero sion control plan prepared by a registered civil Engineer, showing the direction and means of flow to the adjacent street. The plan is to include existing and proposed elevations at and adjacent to all property lines. Drainage routed to the street shall be directed beneath the sidewalk and through the curb. Prior to Grading Permits Prior to Grading Permits 758-33 3 of 10 Planning/ Building Agency Public Works Agency Prior to the issuance of grading permits, the project developer shall show proof of coverage under NPDES General Construction Activity Storm Water Permit that includes: A copy of the project's permit issued by the State Water resource Control Board that identifies the project's permit number (WDID). Two copies of the Storm Water Pollution Prevention Plan. Prior to the issuance of grading permits, the applicant shall prepare a Phase II Environmental Site Assessment to determine if there is any residual agriculture chemicals in the soil. In the event agriculture chemicals are present remediation of the soils shall occur prior to the commencement of grading operations. Prior to the issuance of grading permits, the applicant shall Prior to Grading Permits Prior to Grading Permits Prior to Grading Permits 758-34 4 of 10 Public Works Agency Planning/ Building Agency Planning/ Building Agency coordinate with the utility company to determine the presence of PCBs in the transforms along the project site. In the event PCBs are present the applicant shall coordinate with the utility company on the removal of the transformers. Prior to the issuance of grading permits, the applicant shall submit and have approved a surface drainage/utility plan that depicts all applicable Site Design Structural Source Control and Treatment Control Best Management Practices in accordance with the Orange County Drainage Area Management Plan and the City of Santa Ana local Implementation Plan. Prove two copies of the Water Quality Management Plan that include the following: Site Assessment Site design BMPs Applicable Routine Source Control BMps Electing and sizing the Treatment Control BMPs Prior to Grading Permits Prior to Grading Permits 758-35 50t 10 Public Works Agency Public Works Agency Mechanisms by which funding for long- term operation and maintenance of all structural BMPs shall be provided Operation and Maintenance Plan to describe the long- term operation and maintenance requirements of all applicable structural BMPs and to identify the entity in charge of implementation Prior to issuance of grading permits the project applicant shall receive approval of NPDES Permit for the State regional Water Quality Control Board for proposed ansite dewatering operations. The proposed project would be subject to City of Santa Ana Federal Clean Water Protection Enterprise Fees Prior to issuance of grading permits the applicant shall identify if dewatering operations are necessary for the construction of the project. In the dewatering operations Prior to Grading Permits Prior to Grading Permit Prior to Grading Permits event Prior to Grading are Permi ts 756ij1"o36 Public Works Agency Public Works Agency Planning! Building Agency Public Works Agency required, prior to the issuance of grading permi ts, the applicant shall provide proof to the City of an NPDES permit from the Regional Water Quality Control Board for onsite dewatering operations. Prior to issuance of a grading permit, the project applicant shall submit a final surface water runoff evaluation for review and approval showing existing and proposed facilities and methods of draining the site without exceeding the capacity of any street or adjacent storm drain facility. Building Plans shall reflect that Sound- Rated windows with a Sound Transmission Class (STC) of 30 or greater shall be installed on all windows for the southern building fac;:ade fronting Edinger Avenue. Building Plans shall reflect that Sound- Rated windows with a Sound transmission Class (STC) of 28 or greater shall be installed on all windows for the Prior to Grading Permit Prior to Building Permits Prior to Building Permits 7 5,1~h;3 7 Public Works Agency Planning! Building Agency Planning! Building Agency eastern building fac;:ade facing Fairview Street. Building Plans shall reflect that Sound- Rated doors with a Sound Transmission Class (STC) of 30 or greater shall be installed on all doors for the southern building fac;:ade fronting Edinger Avenue. Building Plans shall reflect that building facades facing Edinger Avenue and Fairview Street are provided with mechanical ventilation with a minimum of two fresh air exchanges so that residential units can operate with a closed window condition. Building Plans shall reflect that building facades facing Edinger Avenue and Fairview Street are provided with roofing systems that have a minimum of Yz-inch plywood sheathing and minimum insulation of R-19 for all attic spaces. All Attic vents shall be oriented away from Edinger Avenue and Fairview Prior to Building Permits Prior to Building Permits Prior to Building Permits Prior to Building Permits 7 5~;;38 Planning/ Building Agency Planning/ Building Agency Planning/ Building Agency Planning/ Building Agency Street Grading Plans and Building Plans for the proposed project shall note "Construction activities on the project site shall only take place between the hours of 7:00 a.m. to 8:00 p.m. Monday through Saturday and no construction activity shall take place on Sundays or federal holidays". Grading Plans and Building Plans for the proposed project shall note "No construction equipment on the project site shall operate including warming up until after 7:00 a.m". Grading Plans and Building Plans for the proposed project shall note "All construction equipment shall be properly maintained and tuned to minimize noise emissions and all equipment shall be fitted with properly operating mufflers and air intake silencers" . Grading Plans and Building Plans for the proposed project shall note "Stockpiling and vehicle staging Prior to Grading Permit and Building Permit Prior to Grading Permit and Building Permit Prior to Grading Permit and Building Permit Prior to Grading Permit and Building Permit 7Sa'139 Planning/ Building Agency Planning/ Building Agency Planning/ Building Agency Planning/ Building Agency areas shall be located away from existing residential uses". 7q~1~O Tentative Tract Map No. 2005-07 November 14, 2005 Page 1 of 2 Findings of Fact A. The proposed project, as conditioned, and its design and improvements are consistent with the Medium Density Residential land use designation of the General Plan and are otherwise consistent with all other elements of the General Plan and any applicable specific plans. Tentative Tract Map No. 2005-07 is consistent with the land use designation and density prescribed in the General Plan and will have no adverse affect on the surrounding land uses in the area. B. The proposed proj ect , as requirements of the zoning applicable City ordinances. conditioned, conforms and subdivision codes, to all applicable as well as other The proposed subdivision conforms to the minimum condominium requirements, as well as meets the letter and intent of the State of California Subdivision Map Act provisions. Tentative Tract Map No. 2005-07 is in keeping with the provisions of the site plan review (Development Project No. 2004-73) and Chapters 34 and 41 of the Santa Ana Municipal Code, all of which pertain to the subdivision of land and development standards for the site. C. The project site is physically suitable for the type and density of the proposed project. The proj ect site consists of approximately 3.1 acres of land within the Two-Family Residence zoning district. The proposed subdivision contains adequate frontage and lot size for the development. The parcel and its location have been determined to be capable of supporting the type and density of the proposed proj ect . There are no physical constraints on the site to preclude development. D. The design and improvements of the proposed proj ect substantial environmental damage or substantially injure fish or wildlife or their habitat. will not cause and avoidably There are no wetlands or unusual proj ect site. No development substantially affected by this flora or fauna on or around the surrounding this site will be proposal. Mitigated Negative fm!lJ1f Tentative Tract Map No. 2005-07 November 14, 2005 Page 2 of 2 Declaration No. 2004-198 has been prepared for the proposed proj ect, identifying potential impacts and mitigation measures aimed at reducing any environmental impact associated with this project. E. The design or improvements of the proposed proj ect will not cause serious public health problems. The proposed infill development is for a 44 unit residential townhome development and will be in compliance with all regulations and conditions specified in the Santa Ana Municipal Code with the exception of parking, height, setbacks and access. The proposed variances will not cause any serious health impacts or health problems. Additionally, mitigation measures such as sound rated windows and doors will be incorporated into the buildings to avoid any noise impacts. F. The design of improvements of the proposed project will not conflict with easements necessary for public access through or use of the property within the proposed project. There are no easements that would affect the use or development of this site. Approval of Tentative Tract Map No. 2005-07 will not create conflicts with the easements necessary for public access through the property, as no such easements currently exist. 758-42 NOVEMBER 14, 2005 PAGE 1 OF4 Conditions for Approval Tentative Tract Map No. 2005-07 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 Uniform Fire Code, the Uniform Building Code, and all other applicable regulations. The applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this subdivision. The applicant must remain in compliance with all conditions listed below throughout the life of the subdivision. A. Planning Division 1. Comply with all conditions and requirements from the Development Review Committee (DRC) for the development project (DP 04-73) . 2. The Covenants, Conditions and Restrictions (CC&Rs) must approved by the Planning Division prior to the issuance of building permit. Such CC&Rs must contain at a minimum, following: be any the a. Project Maintenance. b. Standards shall be established for the exterior maintenance of each unit within the community. c. Graffiti removal will be required within 48 hours. d. Assignment of repair of perimeter walls will be specified in the CC&Rs in the event of damage. e. CC&Rs are to be in effect in perpetuity. f. Any proposed modifications to the CC&Rs will require approval by the City of Santa Ana. g. The use of professional management to ensure a quality operation and maintenance. h. Parking limitations including no parking in driveways. 3. A final map must be approved and recorded prior to issuance of building permits. 4. 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. 18'frJ4! NOVEMBER 14, 2005 PAGE20F4 5. Two copies of the recorded final map and CC&Rs shall be submitted each to the Planning Division, Fire Department, Building Division and Public Works Agency within 10 days of recordation. 6. Prior to the issuance of building permits, the interior building amenities shall be submitted for review by the Planning Division. The amenity package submitted for review shall include but not be limited to flooring, staircase railings, doors and hardware, kitchen appliances and cabinetry, dual bowl sinks and fixtures, tile walls, tiled shower enclosures and kitchen countertops of stone tile or stone slab, or their equivalent. At minimum they will include a product line for the high grade appliances, all cabinets be made of a stain grade, the use of smooth wall and ceiling interior drywall finish and washers and dryers in each residential unit. 7. Provide for lighting and landscape maintenance. The lighting plan and design will be reviewed by the Planning Division during the lighting plan check phase. 8. Development, operational and maintenance standards shall be established for the number, style and location of benches. These benches shall be reviewed and approved when the landscapes are submitted into plancheck. 9. Common area amenities shall comply with the following: a. Pursuant to the Plan (Exhibits 6 and 7), plazas, drive aisles, pedestrian walkways and common area amenities for the proj ect shall be completely installed prior to the issuance of a certificate of occupancy for the proj ect phase that includes the open space. 10. pedestrian walkways shall be provided throughout the proj ect site as shown on the Plan (Exhibits 6 and 7). The amenities to be provided along this pathway shall include decorative concrete, accent lighting, landscape planters with vertical landscape as shown on the Landscape Plan. These improvements in each phase must be completed prior to occupancy of the first unit in the respective phases. 758-44 NOVEMBER 14, 2005 PAGE 3 OF4 11. A minimum seven-foot high wall shall be constructed around the perimeter of the site and consist of a decorative block such as splitface or slumpstone, with contrasting pilasters and decorative trim caps. Prior to the issuance of building permits, a wall and fencing plan shall be submitted for review and approval by the Planning Division. 12. Benches and pedestrian seating shall be made of a durable material such as concrete or painted iron and be designed to minimize effects from vandalism, skateboarding and weather. Prior to the issuance of building permits, a site furniture plan shall be submitted to the Planning Division for review and approval. 13. Trash receptacles should be located in high-activity areas, such as plazas and other public open spaces. The style shall be compatible with other plaza furnishings. 14. All street furniture surfaces, pedestrian-level walls and amenities shall incorporate graffiti resistant coatings. 15. The courtyards shall include amenities such as informal modern outdoor furniture and seating areas, decorative pavers, landscape trees and plant material. 16. Prior to the issuance of building permits, the exterior building amenities, materials and finishes shall be submitted for review and approval by the Planning Division. All exterior plaster surfaces shall have a smooth-troweled finish. 17. Prior to the issuance of building permits, the applicant shall submit for review and approval by the Planning Division a window schedule detailing the proj ect windows. Acceptable windows for the project are wooden or metal-clad wooden materials with substantial use of detail. 18. The courtyards and all paving shall be completely installed prior to the issuance of any certificate of occupancy. 19. An open space area measuring a minimum of 5,400 square feet in area shall be located at the rear of the project entry adjacent to the northerly property line. The open space shall include informal modern outdoor furniture, seating areas, playground equipment and landscape trees and material to be reviewed and approved by the Planning Division prior to Building Permit issuance. 758-45 NOVEMBER 14, 2005 PAGE40F4 20. All garages shall contain double wall insulated garage doors with an automatic opener and transmitter. 21. All units along the northerly property line shall be limited to 27 feet, or two stories in height. 22. Light shields shall be installed for all light standards adjacent to residential uses to avoid light intrusion and comply with Chapter 41-1304 (c) and Chapter 8-211 (m) (4) of the Santa Ana Municipal Code. 23. All third story windows shall utilize obscure surrounding neighbors. facing glass the to northerly property ensure privacy to line the Mitigation Measures 24. The project shall comply with the attached Mitigation Monitoring Plan (Exhibit 11). 758-46 Variance No. 2005-53 (parking) November 14, 2005 Page 1 of 2 Findings of Fact A. 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. The proposed townhomes are a unique type of residential product that has not been constructed in the city for several years. Although the City's established townhome standards require guest parking in the amount of four parking spaces per unit, a survey conducted by staff revealed that the nature of this type of development requires less parking than is addressed by the current code. Based on the results of the parking survey, it is anticipated that the proposed request to reduce the parking requirement of the proj ect from 4 to 3.2 parking spaces per unit will not result in inadequate parking capacity. The variance will allow the applicant the ability to use the property in a manner that is consistent with the current requirements for townhomes in surrounding cities. B. 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 will preserve the applicant's ability to develop an otherwise underutilized site which has been vacant for several years. John Laing Homes would like to proceed with a request for a decrease from 4 to 3.2 parking spaces which is consistent with other similar sized projects that have been built without negative impacts. C. 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 materially detrimental to the public welfare or injurious to surrounding property as the unit orientation and location of proposed townhomes have been situated to avoid impacts to the homeowners to the north and east of the site. Townhome parking will be provided directly below each townhome, with guest parking situated to the north of the site and screened from existing residences 7tm~~1 variance No. 2005-53 (parking) November 14, 2005 Page 2 of 2 with a seven-foot high decorative wall and landscaping. Additionally, a mitigated negative declaration was prepared which incorporated various mitigation measures to ensure that any impacts are reduced to below any level of significance. D. That the granting of a variance will not adversely affect the General Plan of the City. The granting of the variance will not adversely affect the General Plan of the City since both the Two-Family Residence (R2) zoning and proposed Medium-Density Residential land use designation are consistent with the proposed townhome proposal. 758-48 NOVEMBER 14, 2005 PAGEI0Fl Conditions for Approval Variance No. 2005-53 (parking) 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 Uniform Fire Code, the Uniform Building Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this variance. 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. A. Planning Division 1. The project shall remain in compliance with Site Plan Review DP No. 04-73. 2. The project shall provide a minimum of 142 parking spaces including 88 enclosed garage spaces and 54 guest parking spaces. The minimum parking stall size is 8 -1/2 feet wide by 18 feet in length. All stalls shall be double striped and shall not encroach into required landscaped areas. ~~~~ Variance No. 2005-54 (height) November 14, 2005 Page 1 of 2 Findings of Fact A. 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. The current height requirement of 27 feet and two stories in height would not allow for a townhome project with a courtyard configuration to include tuck-under garages accessed off an alley motor court. In order to provide the additional amenity of enclosed parking garages immediately available to each homeowner and ensure adequate amounts of open space and landscaping, a maximum height of 35 feet and three stories in height is proposed. Additionally, the proposed project features smaller-scale forms such as recessed windows, projecting balconies and other significant elements which visually reduce the height and scale of the proposed buildings. B. 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 will preserve the ability to develop a townhome community featuring and amenities that suit the needs of prospective two-story product would limit the bedroom count areas which would potentially jeopardize the ability to develop the subject site. applicant's unit sizes buyers. A and 1 i ving applicant's C. 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 materially detrimental to the public welfare or injurious to surrounding property as the unit orientation and location of proposed townhomes have been situated to avoid impacts to the homeowners to the north and east of the site. The individual units will provide a minimum setback of 60 feet to the closest single family residential units along the northerly property line in order to ~!!50 Variance No. 2005-54 (height) November 14, 2005 Page 2 of 2 ensure privacy and reduce any potential noise impacts. The proposed three-story units utilize space well, will conceal visible parking through enclosed garages at the ground level and create a privacy buffer to the adjacent residential uses. D. That the granting of a variance will not adversely affect the General Plan of the City. The granting of the variance will not adversely affect the General Plan of the City since both the Two-Family Residence (R2) zoning and proposed Medium-Density Residential land use designation are consistent with the proposed townhome proposal. The variance will allow for the ground floor space of the project to be utilized for enclosed parking areas and will not add additional living area which would not result in any impacts to the General Plan. 758-51 NOVEMBER 14, 2005 PAGE10F1 Conditions for Approval Variance No. 2005-54 (height) 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 Uniform Fire Code, the Uniform Building Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this variance. 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. A. Planning Division 1. The project shall remain in compliance with Site Plan Review DP No. 04-73. 2 . The project shall not height, as measured from the top of the structure. exceed 35 feet or three stories in the lowest grade of the structure to 3. All townhome units facing or immediately adjacent to the northerly property line at the rear of the project site shall not exceed two stories in height. 4. Accessory structures shall not exceed 15 feet or one story in height. ~~5~ Variance No. 2005-55 (setbacks) November 14, 2005 Page 1 of 2 Findings of Fact A. 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. A minimum 10-foot landscaped buffer is required along Edinger Avenue per Section 41-280 of the Santa Ana Municipal Code. Due to the configuration of the units along Edinger Avenue and an attempt at creating a varied street presence, the applicant is requesting a three-foot relief from the code on two of the units. The two units will have entrances directly accessible from Edinger Avenue providing architectural interest at the street level. Due to the layout and configuration of the clustered townhome concept, it would be difficult to accommodate the 10 feet requirement at this location. B. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of the setback variance will preserve the applicant's ability to develop the property as a well-designed townhome community that is consistent with the Two-Family Residence (R2) zoning district. A proj ect that has a direct relationship to the street with a varied setback along Edinger Avenue will provide visual interest to the project site. Upgraded architectural materials and landscape palette will be incorporated throughout the proposed John Laing Homes development to compensate for the reduction in setbacks. C. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of the setback variance will not be materially detrimental to the public welfare or injurious to surrounding property. Mitigated Negative Declaration No. 2004-198 identified any potential or adverse impacts will be mitigated through mitigation measures identified in the document. t!B!~ Variance No. 2005-55 (setbacks) November 14, 2005 Page 2 of 2 D. That the granting of a variance will not adversely affect the General Plan of the City. The proposed project will not adversely affect the General Plan. The townhome concept is consistent with the proposed General Plan Land Use Element designation of Medium-Density Residential (MR-15) The proposal is supported by the Land Use Element Goal: 2.0, Promote land uses which enhance the City's economic and fiscal viability; and Goal 3.0, to promote a balance of land uses to address basic community needs. 758-54 NOVEMBER 14, 2005 PAGEI0Fl Conditions for Approval Variance No. 2005-55 (setbacks) 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 Uniform Fire Code, the Uniform Building Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this variance. 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. A. Planning Division 1. The project shall remain in compliance with Site Plan Review DP No. 04-73. 2. The three-foot reduction in required landscape setback shall not exceed 30 linear feet, as measured from the front property line along Edinger Avenue. tfn!!5~ Variance No. 2005-56 (floor plan configuration) November 14, 2005 Page 1 of 2 Findings of Fact A. 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. A minimum of 40 percent of living area is required on the ground level per the City's townhome standards. Gi ven that the proposed townhome product includes two-car enclosed garages for each homeowner, there is not enough floor space within the site to provide 40 percent of floor space on the ground level. Although a majority of units will contain a living area on the ground level, ten of the units will be accessed via a landing to the primary living areas on the second and third floors. It is not anticipated that lack of 40 percent living area on the ground floor for each unit will affect the aesthetic or functional quality of the project. B. 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 for access will preserve the applicant's ability to develop the property as a well-designed townhome community that is consistent with the Two-Family Residence (R2) zoning district. In order to satisfy the needs of the prospective buyers and the City requirement for an enclosed two-car garage per unit, the majority of the living area for each townhome will be on the second and third floors. In order to ensure that the visual quality of the project is preserved, all staircases for the proposed project are enclosed within the individual units and each townhome will be directly accessible and visible from the street. C. 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 for access will not be materially detrimental to the public welfare or injurious to surrounding property. Mitigated Negati ve Declaration No. 2004 -198 identified any potential or adverse impacts will be mitigated through mitigation measures identified in the document. 7m!f~~ Variance No. 2005-56 (floor plan configuration) November 14, 2005 Page 2 of 2 D. That the granting of a variance will not adversely affect the General Plan of the City. The proposed project will not adversely affect the General Plan. The townhome concept is consistent with the proposed General Plan Land Use Element designation of Medium-Density Residential (MR-15) The proposal is supported by the Land Use Element Goal: 2.0, Promote land uses which enhance the City's economic and fiscal viability; and Goal 3.0, to promote a balance of land uses to address basic community needs. 758-57 NOVEMBER 14, 2005 PAGE 1 OF1 Conditions for Approval Variance No. 2005-56 (floor plan configuration) 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 Uniform Fire Code, the Uniform Building Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this variance. 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. A. Planning Division 1. The project shall remain in compliance with Site Plan Review DP No. 04-73. t~!~ KO-11/29/05 RESOLUTION NO, 2005-114 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AND ADOPTING THE MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM (ENVIRONMENTAL REVIEW NO, 2004-198); APPROVING TENTATIVE TRACT MAP NO. 2005-07 AS CONDITIONED, VARIANCE NO. 2005-53 AS CONDITIONED FOR A REDUCTION IN THE NUMBER OF REQUIRED PARKING SPACES, VARIANCE NO. 2005-54 AS CONDITIONED TO EXCEED THE MAXIMUM ALLOWABLE HEIGHT, VARIANCE NO. 2005-55 AS CONDITIONED TO REDUCE THE REQUIRED FRONT YARD LANDSCAPING AND VARIANCE NO. 2005-56 AS CONDITIONED TO REDUCE THE FLOOR PLAN CONFIGURATION FOR THE PROPERTY LOCATED AT 2823-2929 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. Applicant is requesting to develop 44 townhomes at 2823-2929 West Edinger Avenue. To allow the proposed project, the applicant is requesting approval of a General Plan Amendment from Low Density Residential (LR-7) to Medium Density Residential (MR-15). Additionally, the request includes a tract map in order to consolidate six existing parcels and create 44 residential units for condominium purposes. As proposed, variances are required to allow a reduction from the City's townhouse development standards for parking, height, front yard setbacks, and ground floor access. B. The Mitigated Negative Declaration and Monitoring Program, Environmental Review No. 2004-188, General Plan Amendment No. 2005-01, Tentative Tract Map No, 2005-07, Variance No. 2005-53 from number of required parking spaces, Variance No, 2005-54 from maximum allowable height, Variance No. 2005-55 from required front landscaped setback, and Variance No. 2005-56 from floor plan configuration, came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on November 14, 2005. The Planning Commission 758-59 unanimously voted to recommend that the City Council approve the above referenced actions. C, On December 5, 2004, the City Council of the City of Santa Ana held a duly noticed public hearing on Mitigated Negative Declaration and Monitoring Program, Environmental Review No. 2004-188, General Plan Amendment No. 2005-01, Tentative Tract Map No. 2005-07, Variance No. 2005-53, Variance No. 2005-54, Variance No. 2005-55, Variance No. 2005-56. D. Tentative Tract Map No. 2005-07 consolidates the six existing parcels into one comprehensive development site and creates a condominium subdivision for each of the 44 townhomes, The City Council of the City of Santa Ana determines that the following findings have been established: 1. The proposed project, as conditioned, and its design and improvements are consistent with the Medium Density Residential land use designation of the General Plan and are otherwise consistent with all other elements of the General Plan and any applicable specific plans, Tentative Tract Map No. 2005-07 is consistent with the land use designation and density prescribed in the General Plan and will have no adverse affect on the surrounding land uses in the area. 2. The proposed project, as conditioned, conforms to all applicable requirements of the zoning and subdivision codes, as well as other applicable City ordinances. The proposed subdivision conforms to the minimum condominium requirements, as well as meets the letter and intent of the State of California Subdivision Map Act provisions, Tentative Tract Map No, 2005-07 is in keeping with the provisions of the site plan review (Development Project No. 2004-73) and Chapters 34 and 41 of the Santa Ana Municipal Code, all of which pertain to the subdivision of land and development standards for the site, 3. The project site is physically suitable for the type and density of the proposed project. The project site consists of approximately 3.1 acres of land within the Two-Family Residence zoning district. The proposed subdivision contains adequate frontage and lot size for the development. The parcel and its location have been determined to be capable of supporting the type and 758-60 density of the proposed project. There are no physical constraints on the site to preclude development. 4. The design and improvements of the proposed project will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. There are no wetlands or unusual flora or fauna on or around the project site. No development surrounding this site will be substantially affected by this proposal. Mitigated Negative Declaration No, 2004-198 has been prepared for the proposed project, identifying potential impacts and mitigation measures aimed at reducing any environmental impact associated with this project. 5. The design or improvements of the proposed project will not cause serious public health problems, The proposed infill development is for a 44 unit residential town home development and will be in compliance with all regulations and conditions specified in the Santa Ana Municipal Code with the exception of parking, height, setbacks and access, The proposed variances will not cause any serious health impacts or health problems. Additionally, mitigation measures such as sound rated windows and doors will be incorporated into the buildings to avoid any noise impacts. 6, The design of improvements of the proposed project will not conflict with easements necessary for public access through or use of the property within the proposed project. There are no easements that would affect the use or development of this site, Approval of Tentative Tract Map No. 2005-07 will not create conflicts with the easements necessary for public access through the property, as no such easements currently exist. E. Santa Ana Municipal Code Section 41-282 requires off-street parking for town homes to be provided at a rate of two parking spaces per unit plus two guest spaces. The applicant is requesting approval of Variance No. 2005-53 to reduce off-street requirements by 34 parking spaces. The City Council determines that for Variance No, 2005-53, the following findings, which must be established pursuant to Santa Ana Municipal Code Section 41-638 in order to grant a variance from the provisions of the Santa Ana Municipal Code, have been established: 758-61 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. The proposed town homes are a unique type of residential product that has not been constructed in the city for several years, Although the City's established town home standards require guest parking in the amount of four parking spaces per unit, a survey conducted by staff revealed that the nature of this type of development requires less parking than is addressed by the current code, Based on the results of the parking survey, it is anticipated that the proposed request to reduce the parking requirement of the project from 4 to 3,2 parking spaces per unit will not result in inadequate parking capacity, The variance will allow the applicant the ability to use the property in a manner that is consistent with the current requirements for townhomes in surrounding cities. 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 will preserve the applicant's ability to develop an otherwise underutilized site which has been vacant for several years, John Laing Homes would like to proceed with a request for a decrease from 4 to 3,2 parking spaces which is consistent with other similar sized projects that have been built without negative impacts. 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 materially detrimental to the public welfare or injurious to surrounding property as the unit orientation and location of proposed townhomes have been situated to avoid impacts to the homeowners to the north and east of the site. Townhome parking will be provided directly below each townhome, with guest parking situated to the north of the site and screened from existing residences with a seven-foot high decorative wall and landscaping. Additionally, a mitigated negative declaration was prepared which incorporated various mitigation measures to ensure that any impacts are reduced to below any level of significance. 758-62 4, That the granting of a variance will not adversely affect the General Plan of the City. The granting of the variance will not adversely affect the General Plan of the City since both the Two-Family Residence (R2) zoning and proposed Medium-Density Residential land use designation are consistent with the proposed town home proposal. F. Santa Ana Municipal Code Section 41-277(a) limits the height of town homes to 27 feet and no more than two stories in height. The applicant is requesting approval of Variance No. 2005-54 to allow a maximum height of 35 feet and three stories in height for 30 units with the remaining 14 units complying with the height limit. The City Council determines that for Variance No. 2005-54, the following findings, which must be established pursuant to Santa Ana Municipal Code Section 41- 638 in order to grant a variance from the provisions of the Santa Ana Municipal Code, have been established: 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, The current height requirement of 27 feet and two stories in height would not allow for a town home project with a courtyard configuration to include tuck-under garages accessed off an alley motor court. In order to provide the additional amenity of enclosed parking garages immediately available to each homeowner and ensure adequate amounts of open space and landscaping, a maximum height of 35 feet and three stories in height is proposed. Additionally, the proposed project features smaller-scale forms such as recessed windows, projecting balconies and other significant elements which visually reduce the height and scale of the proposed buildings. 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 will preserve the applicant's ability to develop a townhome community featuring unit sizes and amenities that suit the needs of prospective buyers, A two-story product would limit the bedroom count and living 758-63 areas which would potentially jeopardize the applicant's ability to develop the subject site. 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 materially detrimental to the public welfare or injurious to surrounding property as the unit orientation and location of proposed town homes have been situated to avoid impacts to the homeowners to the north and east of the site, The individual units will provide a minimum setback of 60 feet to the closest single family residential units along the northerly property line in order to ensure privacy and reduce any potential noise impacts. The proposed three-story units utilize space well, will conceal visible parking through enclosed garages at the ground level and create a privacy buffer to the adjacent residential uses. 4. That the granting of a variance will not adversely affect the General Plan of the City. The granting of the variance will not adversely affect the General Plan of the City since both the Two-Family Residence (R2) zoning and proposed Medium-Density Residential land use designation are consistent with the proposed town home proposal. The variance will allow for the ground floor space of the project to be utilized for enclosed parking areas and will not add additional living area which would not result in any impacts to the General Plan, G. Santa Ana Municipal Code Section 41-280 requires townhome units to provide a minimum 10-foot landscaped buffer between the buildings and Edinger Avenue, The applicant is requesting Variance No. 2005-55 to allow a seven-foot landscaped setback from the site perimeter wall for two of the units. The City Council determines that for Variance No. 2005-55, the following findings, which must be established pursuant to Santa Ana Municipal Code Section 41-638 in order to grant a variance from the provisions of the Santa Ana Municipal Code, have been established: 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. 758-64 A minimum 10-foot landscaped buffer is required along Edinger Avenue per Section 41-280 of the Santa Ana Municipal Code. Due to the configuration of the units along Edinger Avenue and an attempt at creating a varied street presence, the applicant is requesting a three-foot relief from the code on two of the units. The two units will have entrances directly accessible from Edinger Avenue providing architectural interest at the street level. Due to the layout and configuration of the clustered townhome concept, it would be difficult to accommodate the 10 feet requirement at this location. 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 setback variance will preserve the applicant's ability to develop the property as a well-designed town home community that is consistent with the Two-Family Residence (R2) zoning district. A project that has a direct relationship to the street with a varied setback along Edinger Avenue will provide visual interest to the project site. Upgraded architectural materials and landscape palette will be incorporated throughout the proposed John Laing Homes development to compensate for the reduction in setbacks. 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 setback variance will not be materially detrimental to the public welfare or injurious to surrounding property, Mitigated Negative Declaration No. 2004-198 identified any potential or adverse impacts will be mitigated through mitigation measures identified in the document. 4, That the granting of a variance will not adversely affect the General Plan of the City. The proposed project will not adversely affect the General Plan. The townhome concept is consistent with the proposed General Plan Land Use Element designation of Medium-Density Residential (MR-15), The proposal is supported by the Land Use Element Goal: 2.0, Promote land uses which enhance the City's economic and fiscal viability; and Goal 3.0, to promote a balance of land uses to address basic community needs. 758-65 H. Santa Ana Municipal Code Section 41-286(a) requires a minimum of 40 percent of living area to be accessible from the ground level. The applicant is requesting Variance No. 2005-56 for relief from this code requirement. The City Council determines that for Variance No. 2005-56, the following findings, which must be established pursuant to Santa Ana Municipal Code Section 41-638 in order to grant a variance from the provisions of the Santa Ana Municipal Code, have been established: 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. A minimum of 40 percent of living area is required on the ground level per the City's townhome standards, Given that the proposed town home product includes two-car enclosed garages for each homeowner, there is not enough floor space within the site to provide 40 percent of floor space on the ground level. Although a majority of units will contain a living area on the ground level, ten of the units will be accessed via a landing to the primary living areas on the second and third floors, It is not anticipated that lack of 40 percent living area on the ground floor for each unit will affect the aesthetic or functional quality of the project. 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 for access will preserve the applicant's ability to develop the property as a well-designed town home community that is consistent with the Two-Family Residence (R2) zoning district. In order to satisfy the needs of the prospective buyers and the City requirement for an enclosed two-car garage per unit, the majority of the living area for each townhome will be on the second and third floors. In order to ensure that the visual quality of the project is preserved, all staircases for the proposed project are enclosed within the individual units and each townhome will be directly accessible and visible from the street. 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 for access will not be materially detrimental to the public welfare or injurious to surrounding 758-66 property. Mitigated Negative Declaration No. 2004-198 identified any potential or adverse impacts will be mitigated through mitigation measures identified in the document. 4. That the granting of a variance will not adversely affect the General Plan of the City. The proposed project will not adversely affect the General Plan. The town home concept is consistent with the proposed General Plan Land Use Element designation of Medium-Density Residential (MR-15). The proposal is supported by the Land Use Element Goal: 2.0, Promote land uses which enhance the City's economic and fiscal viability; and Goal 3.0, to promote a balance of land uses to address basic community needs, Section 2, The City Council has reviewed and considered the information contained in the initial study and the mitigated negative declaration and mitigation monitoring program 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, a mitigation negative declaration and mitigation monitoring program adequately addresses the expected environmental impacts of this Project. On the basis of this review, the City Council finds that there is no evidence from which it can be fairly argued that the Project will have a significant adverse effect on the environment. The City Council hereby certifies and approves the mitigated negative declaration and mitigation monitoring program and directs that the Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. Pursuant to Title XIV, California Code of Regulations ("CCR") 9 735.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity, Therefore, pursuant to Fish and Game Code 9 711.2 and Title XIV, CCR 9 735.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 3. The City Council after conducting the public hearing hereby approves: A. Tentative Tract Map No, 2005-07 as conditioned in Exhibit "A" attached hereto and incorporated herein, B. Variance No, 2005-53 from number of required parking spaces as conditioned in Exhibit "B" attached hereto and incorporated herein. C. Variance No. 2005-54 from maximum allowable height as conditioned in Exhibit "C" attached hereto and incorporated herein. 758-67 D. Variance No. 2005-55 from required front landscaped setback as conditioned in Exhibit "0" attached hereto and incorporated herein. E. Variance No. 2005-56 from floor plan configuration as conditioned in Exhibit "E" attached hereto and incorporated herein. These decisions are based upon the evidence submitted at the abovesaid hearing, which includes but is not limited to: the Request for Council Action dated December 5, 2005 and exhibits attached thereto; and the public testimony written and oral, all of which are incorporated herein by this reference. Section 4. This decision rendered by the City Council of the City of Santa Ana is final and is subject to judicial review pursuant to California Code of Civil Procedure section 1094.6. The Clerk of the Council shall give direct notice to the applicant of the Council's decision and these findings. ADOPTED this day of ,2005 Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W, Fletcher, City Attorney By: Kylee 0, Otto Assistant City Attorney AYES: Council members NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Council members 758-68 CERTIFICATE OF ATTESTATION AND ORIGINALITY I , PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2005-114 to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana 758-69 Conditions for Approval for Tentative Tract Map No. 2005-07 Tentative Tract Map No. 2005-07 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 Uniform Fire Code, the Uniform Building Code, and all other applicable regulations. The applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this subdivision. The applicant must remain in compliance with all conditions listed below throughout the life of the subdivision. A. Plannina Division 1. Comply with all conditions and requirements from the Development Review Committee (DRC) for the development project (DP 04-73). 2. The Covenants, Conditions and Restrictions (CC&Rs) must be approved by the Planning Division prior to the issuance of any building permit. Such CC&Rs must contain at a minimum, the following: a, Project Maintenance, b, Standards shall be established for the exterior maintenance of each unit within the community. c, Graffiti removal will be required within 48 hours. d, Assignment of repair of perimeter walls will be specified in the CC&Rs in the event of damage, e. CC&Rs are to be in effect in perpetuity. f. Any proposed modifications to the CC&Rs will require approval by the City of Santa Ana. g. The use of professional management to ensure a quality operation and maintenance. h. Parking limitations including no parking in driveways. 3. A final map must be approved and recorded prior to issuance of building permits. 4. 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. 5. Two copies of the recorded final map and CC&Rs shall be submitted each to the Planning Division, Fire Department, Building Division and Public Works Agency within 10 days of recordation, Exhibit A Page 1 of 4 758-70 6. Prior to the issuance of building permits, the interior building amenities shall be submitted for review by the Planning Division. The amenity package submitted for review shall include but not be limited to flooring, staircase railings, doors and hardware, kitchen appliances and cabinetry, dual bowl sinks and fixtures, tile walls, tiled shower enclosures and kitchen countertops of stone tile or stone slab, or their equivalent. At minimum they will include a product line for the high grade appliances, all cabinets be made of a stain grade, the use of smooth wall and ceiling interior drywall finish and washers and dryers in each residential unit. 7, Provide for lighting and landscape maintenance. The lighting plan and design will be reviewed by the Planning Division during the lighting plan check phase. 8, Development, operational and maintenance standards shall be established for the number, style and location of benches. These benches shall be reviewed and approved when the landscapes are submitted into plan check. 9. Common area amenities shall comply with the following: a, Pursuant to the Plan (Attachment 1 and 2), plazas, drive aisles, pedestrian walkways and common area amenities for the project shall be completely installed prior to the issuance of a certificate of occupancy for the project phase that includes the open space. 10. Pedestrian walkways shall be provided throughout the project site as shown on the Plan (Attachment 1 and 2), The amenities to be provided along this pathway shall include decorative concrete, accent lighting, landscape planters with vertical landscape as shown on the Landscape Plan. These improvements in each phase must be completed prior to occupancy of the first unit in the respective phases. 11. A minimum seven-foot high wall shall be constructed around the perimeter of the site and consist of a decorative block such as splitface or slumpstone, with contrasting pilasters and decorative trim caps. Prior to the issuance of building permits, a wall and fencing plan shall be submitted for review and approval by the Planning Division. 12. Benches and pedestrian seating shall be made of a durable material such as concrete or painted iron and be designed to minimize effects from vandalism, skateboarding and weather. Prior to the issuance of building permits, a site furniture plan shall be submitted to the Planning Division for review and approval. Exhibit A Page 2 of 4 758-71 13. Trash receptacles should be located in high-activity areas, such as plazas and other public open spaces. The style shall be compatible with other plaza furnishings. 14. All street furniture surfaces, pedestrian-level walls and amenities shall incorporate graffiti resistant coatings. 15, The courtyards shall include amenities such as informal modern outdoor furniture and seating areas, decorative pavers, landscape trees and plant material. 16. Prior to the issuance of building permits, the exterior building amenities, materials and finishes shall be submitted for review and approval by the Planning Division. All exterior plaster surfaces shall have a smooth- troweled finish. 17. Prior to the issuance of building permits, the applicant shall submit for review and approval by the Planning Division a window schedule detailing the project windows, Acceptable windows for the project are wooden or metal-clad wooden materials with substantial use of detail. 18. The courtyards and all paving shall be completely installed prior to the issuance of any certificate of occupancy. 19. An open space area measuring a minimum of 5,400 square feet in area shall be located at the rear of the project entry adjacent to the northerly property line. The open space shall include informal modern outdoor furniture, seating areas, playground equipment and landscape trees and material to be reviewed and approved by the Planning Division prior to Building Permit issuance. 20. All garages shall contain double wall insulated garage doors with an automatic opener and transmitter. 21. All units along the northerly property line shall be limited to 27 feet, or two stories in height. 22. Light shields shall be installed for all light standards adjacent to residential uses to avoid light intrusion and comply with Chapter 41-1304(c) and Chapter 8-211 (m)(4) of the Santa Ana Municipal Code. 23. All third story windows facing the northerly property line shall utilize obscure glass to ensure privacy to the surrounding neighbors. Exhibit A Page 3 of 4 758-72 MitiQation Measures 24, The project shall comply with the attached Mitigation Monitoring Plan (Attachment 3) Exhibit A Page 4 of 4 758-73 ~ ~ - j "-I '. ' , !.>I!i. ~ ;. '" t I ' ~.1;9 .i:,;:.:l"6....'" QI'1! 1!!~ii !h, <".,.. g. ""..,,.... -I . " _1! " H .1FI E ~ei&i~pu ':;:B~~l" ?-,:"".h ~ "., ...... 0 ~ r ..... ~"" ~hfm,g~^J ~~: :' ~':<' :: :" '" R ~::: t:; il; lW'l.UII3a1S31f !JNUSID , ~ @ J .~ I I 1 , 1 I Iii 1 , ATIA~L7 4 lYI:n'3WWO=- f>NIJ.$IX3 ,f ; .~:: ~ J ,; ,; ~ ,~ ;- .\I .~ ~ ~ ~ l' ~~ " j', ~ ~ "' iJj - ~ . . ~ ! ' i ! J' J ~ ill . " "~ -:' I . J ~ f ; ~ ~'! [dl!!~jj,jlil; fJ ; ~ 11 \ I ~', . . ", j'l i "'it,li H tht!J] , , il} H:! 1 Jj j ; 0 , , I j J , J , , , " ~ " , II ..?:-- 'E o 1.1;-.2 ..::s,t :): 0 ~'~ (0 i.3 ~ ~ 0,1 ~ ,- i ~'IL,I' d l..U l;;.. !~ 8 JI. I ! 1;. .. ~ ~ ~ :;. :;. . ! ! j , , ! j J . . j , , J ; ~ ; ~ ~ . i " ~ J '~ j C i ! f ! ~ . j i ~ ~ , ; i , .' I .", : ! ~ } ~ J ~ ~ ,f oS. ~ l .1 ; _ ~ ~ ~- " :l. i ~ > J J \ ! l i; j ~ J ; { } ~..s......o... j: tj: , >\ ll, 1 ; " , f . ",1 =-f '-e ,j .;:;~ UJ '0 . z e , :1 i-- '" '" ~ ~ . .- ~ o .- "00 "" A'75!f.!7 5 '!"l ~ g;~ =>~ ~! o ~i~ a: ':;::'i~ (j .:i~ ~~ :;~ ~!;H o I 'lJ,_:,:c . - " , . ' ~ i >= o .~ 'tj " ill " - '" ...... " ;. .;:: o 00 <I.) s o ~ ~ ~ .... <I.) 'O/l) ~ ..... ~ ]:.I..:! EDINGER TOWN HOMES MITIGATION MONITORING PROGRAM ER 2004-198 Mitigation Measure The developer shall use zero Volatile Organic Compounds (VOC) content architectural coatings during the construction of the project to the maximum extent feasible. Building plans shall identify the architectural coatings proposed for the project. Prior to commencement of construction activities, the project developer shall identify to the City a construction relation officer to act as a community liaison concerning ansite construction activity impacts. The name and phone number of the construction relation officer shall be posted on the project site To ensure compliance with SCAQMD Fugitive Dust Rule 403, grading plans and demolition plans for the proposed project shall reflect the following notes: All material excavated or graded will be sufficiently watered to prevent Timing Prior to Building Permi ts Approval Agency Planning/ Building Agency Prior to ConstTuction Planning/ Building Agency Prior to Grading Permits ATIACIIMENT 3 758-76 1 of 10 excessive amounts 0= dus t . IiJa ter ing wi th complete coverage shall occur at least twice daily, once lD the late morning and once after work lS done for the day. AI] clearing and earthwork activities shall cease during period of high winds (winds greater than 25 mph averaged over one hour) or during Stage 1 or Stage 2 smog episodes_ Streets surrounding the project site should be cleaned at the end of each day of construction. All material transported offsite shall either be sufficiently wa~ered or securely covered to prevent excessive amounts of dust. The amount of area disturbed by clearing and earthwork activities shall be minimized at all times. Equipment engines shall be maintained in good condition and in proper tune according to manufacturer's specifications_ To the extenL feasible, gasoline powered equipment 7~~-77 shall be used for onsite and offsite cOllf',truction activities. Prior to the issuance of grading permits, the applicant shall prepare a site- specific geotechnical study that addresses the seismic and liquefaction constraints and soil conditions on the project site, the building load requirements and iden~ifies design recommendations to ensu~e the I geotechnical stability of the project. Prior to issuance of grading permits, the applicant shall submit for review and approval a surface drainage/grading/ero sian control plan prepared by a registered civil Engineer, showing the direction and means of flow to the adjacent street. The plan ~s to include existing and proposed elevations at and adjacent to all property lines. Drainage routed to the street shall be directed beneath ~he sidewalk and through the C'.lrD. Prior to Grading Permits Planning/ Building Agency Prior to Grading Permits Public Works Agency 7~~-78 Prior to the lssuance of grading permits, the project developer shall show proof or coverage under NPDES General Construction Activity Storm Water Permit that includes: A copy of the project's permit issued by the State Water resource I Control Board that identifies the project's permit number (WDID). Two caples of the Storm Water Pollution Prevention Plan. Prior to the lssuance of grading permits, the applicant shall prepare a Phase II Environmental Site Assessment to determine if there lS any residual agriculture chemicals in the soil. In the event agriculture chemicals are present remediation of the soils shall occur prior to the commencement of grading operations. Prior to the issuance of grading permits, the applicant shall Prior to Grading Permits Public Works Agency Prior to Grading Permits Planning! Building Agency Prior to Grading Permits Planning! Building Jl~gency 7.Po~-79 coordinate with the utility company to determine the presence of PCBs in the transforms along the project site. In the event PCBs are present the applicant shall coordinate with the utility company on the removal of the transformers. Prior to the Prior to Public Works issuance of grading Grading Agency permits, the Permits applicant shall submit and have approved a surface drainage/utility plan that depicts all applicable Site Design Structural Source Control and Treatment Control Best Management Practices in accordance with the Orange County Drainage Area Management Plan and the City of Santa Ana local Implementation Plan. Prove two copies of Prior to Public Works the Water Quality Grading Agency Nanagement Plan that Permits include the following: Site p.~ssessment Site design BMPs P,pplicable Eoutine Source Control BMps Electing and sizing the 'Treatment Control BlvIPs 7 Po~-80 Mechanisms by which funding for long- term opeyation and maintenance of all structural BMPs shall be provided Operation and Maintenance Plan to describe the long- term operation and maintenance requirements of all applicable structural BMPs and to identify the entity in charge of implementation Prior to issuance of grading permits the project applicant shall receive approval of NPDES Permit for the State regional Water Quality Control Board for proposed onsite dewatering operations. The proposed project would be subject to City of Santa Ana Federal Clean Water Protection Enterprise Fees Prior to issuance of grading permits the applicant shall identify if dewatering operations are necessary for the construction of the project. Prior to Grading Permits Prior to Grading Permit Prior to Grading Permits In the dewatering operations event Prior to Grading are Permi ts 7 ~~-81 Public Works Agency Public Works Agency Planning/ Building Agency Public Works l,gency required, prior to the lssuance or grading perroi ts, the applicant shall provj de proof to the City of an NPDES permit rrom the Regional Water Quality Control Board for onsi te dewatering operations. Prior to issuance of a grading permit, the project applicant shall submit a final surface water runoff evaluation for review and approval showing existing and proposed racilities and methods of draining the site without exceeding the capaci ty of any street or adjacent storm drain racility. Building Plans shall reflect that Sound- Rated windows with a Sound Transmission Class (STC) of 30 or greater shall be installed on all windows for the southern building fa<;:ade fronting Edinger Avenue. Building Plans shall reflect that Sound- Rated windows with a Sound transmission Class (STCI of 28 or greater shall be installed on all windows ror the Prior to Grading Permit Prior to Building Permits Prior to Building Permits 7 9J~o-82 Public Works Agency Planning/ Building Agency Planning/ Building Agency eastern building fac;ade racing Pairview Street. Building Plans shall reflect that Sound- Rated doors with a Sound 'Transmission Class (STC) of 30 or greater shall be installed on all doors for the southern building fac;ade fronting Edinger Avenue. Building Plans shall reflect that building facades facing Edinger Avenue and Fairview Street are provided with mechanical ventilation with a minimQ~ of two fresh air exchanges so that residential units can operate with a closed window condition. Building Plans shall reflect that building facades facing Edinger Avenue and Fairview Street are provided with roofing systems that have a minimum of %-inch plywood sheathing and minimum insulation I of R-19 for all I attlc spaces. i p~ll Atti.c vents I i shall be oriented I away from Edinger I <I'.,venue and Fairview Prior to Building Permits Planning/ Building Agency Prior 'Co Building Permits Planning/ Building Agency Prior to Building Permits Planning/ Building Agency Prior to Building Permits planning/ Building F.gency 7 pJ~o-83 Street Grading Plans and Building Plans for the proposed project shall note "Construct.ion activities on the project site shall only take place between ~he hours of 7:00 a.m. to 8:00 p.m. Monday through Saturday and no construction activity shall take place on Sundays or federal holidaysH. Grading Plans and Building Plans for the proposed project shall note "No construction equipment on the project site shall operate including warming up until after 7:00 a.m". Grading plans and Building Plans for the proposed project shall note "All construction equipment shall be properly maintained and tuned to minimize noise emissions and all equipment shall be fitted with properly operating mufflers and air intake silencers If . Grading Plans and Building Plans for the proposed project shall note n Stockpil ing and vehicle staging Prior to Grading Permit and Building Permit Prior to Grading Permit and Building Permit Prior to Grading Permit and Building Permit I Prior to Grading Permit and Building Permit 7~~-84 Planning/ Building Agency Planning/ Building Agency planning/ Building Agency Planning/ Building Agency areas shall be located away from existing residential uses" . 719J~;85 Conditions for Approval for Variance No. 2005-53 Variance No. 2005-53 (parking) 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 Uniform Fire Code, the Uniform Building Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this variance, 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. A. Plannina Division 1. The project shall remain in compliance with Site Plan Review DP No. 04- 73, 2. The project shall provide a minimum of 142 parking spaces including 88 enclosed garage spaces and 54 guest parking spaces. The minimum parking stall size is 8-1/2 feet wide by 18 feet in length. All stalls shall be double striped and shall not encroach into required landscaped areas. Exhibit B 758-86 Conditions for Approval for Variance No. 2005-54 Variance No, 2005-54 (height) 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 Uniform Fire Code, the Uniform Building Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this variance, 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, A. Planninq Division 1. The project shall remain in compliance with Site Plan Review DP No. 04- 73, 2. The project shall not exceed 35 feet or three stories in height, as measured from the lowest grade of the structure to the top of the structure. 3. All townhome units facing or immediately adjacent to the northerly property line at the rear of the project site shall not exceed two stories in height. 4, Accessory structures shall not exceed 15 feet or one story in height. Exhibit C 758-87 Conditions for Approval for Variance No. 2005-55 Variance No. 2005-55 (setbacks) 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 Uniform Fire Code, the Uniform Building Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this variance, 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. A. Plannina Division 1. The project shall remain in compliance with Site Plan Review DP No. 04- 73. 2, The three-foot reduction in required landscape setback shall not exceed 30 linear feet, as measured from the front property line along Edinger Avenue. Exhibit 0 758-88 Conditions for Approval for Variance No. 2005-56 Variance No. 2005-56 (floor plan configuration) 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 Uniform Fire Code, the Uniform Building Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this variance, 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, A. PlanninQ Division 1. The project shall remain in compliance with Site Plan Review DP No, 04- 73. Exhibit E 758-89 KO- 11/29/05 RESOLUTION NO. 2005-115 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING THE GENERAL PLAN OF THE CITY OF SANTA ANA TO CHANGE 3.1 ACRES ON WEST EDINGER TO MEDIUM DENSITY RESIDENTIAL AND TO REFLECT CORRECTIONS AND REALIGNMENT OF TRANSPORTATION IMPROVEMENTS (GPA NO, 2005-01) 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. Applicant is requesting to develop 44 townhomes at 2823-2929 West Edinger Avenue. To allow the proposed project, the applicant is requesting approval of a General Plan Amendment from Low Density Residential (LR-7) to Medium Density Residential (MR-15). Additionally, the request includes a tract map in order to consolidate six existing parcels and create 44 residential units for condominium purposes. As proposed, variances are required to allow a reduction from the City's townhouse development standards for parking, height, side yard setbacks, and ground floor access. B, The Mitigated Negative Declaration and Monitoring Program, Environmental Review No. 2004-188, General Plan Amendment No. 2005-01, Tentative Tract Map No. 2005-07, Variance No. 2005-53 from number of required parking spaces, Variance No. 2005-54 from maximum allowable height, Variance No. 2005-55 from required front landscaped setback, and Variance No, 2005-56 from floor plan configuration, came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on November 14, 2005. The Planning Commission unanimously voted to recommend that the City Council approve the above referenced actions, C, On December 5, 2004, the City Council of the City of Santa Ana held a duly noticed public hearing on Mitigated Negative Declaration and Monitoring Program, Environmental Review No, 2004-188, General Plan Amendment No. 2005-01, Tentative Tract Map No. 2005-07, Variance No. 2005-53, Variance No, 2005-54, Variance No. 2005-55, Variance No. 2005-56, 758-90 D. General Plan Amendment No. 2005-01 has been filed with the City of Santa Ana to change 3.1 acres on West Edinger to Medium Density Residential, as well as general plan amendments previously adopted by City Council. These revisions to the Land Use Element document also reflect various corrections and transportation improvement such as the widening of the Santa Ana Freeway and the realignment of McFadden Avenue at Main Street E. The Council finds that General Plan Amendment No. 2005-01 is consistent with the General Plan, including but not limited to its policies and goals of: 1. Promote the balance of land uses to address basic community needs, Land Use Element Goal 1.0. 2. Enhance development sites and districts which are unique community assets that enhance the quality of life. Land Use Element goal 4,0. F, The City Council has weighed and balanced the general plan's policies, both new and old, and has determined that based upon this balancing that these General Plan amendments are consistent with the purpose of the general plan. G. Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No, 2004-198 was adopted by resolution which also adopted Tentative Tract Map No. 2005-07, Variance No. 2005-53, Variance No. 2005-54, Variance No, 2005-55, Variance No. 2005-56 which came before the City Council of the City of Santa Ana this same night. This resolution incorporates by reference, as though fully set forth herein, this resolution including the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2004-198. Section 2. The City Council hereby, approves General Plan Amendment No, 2005-01. The pages changed in the Land Use Element (Exhibit A) are attached hereto and incorporated herein by this reference as though fully set forth. Section 3. The Clerk of the Council shall attest to and certify the vote adopting this Resolution, ADOPTED this _ day of ,2005. Miguel A, Pulido Mayor 758-91 ~ APPROVED AS TO FORM: Joseph W, Fletcher, City Attorney By: Kylee Otto Assistant City Attorney AYES: Council members NOES: Councilmembers ABSTAIN: Council members NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2005-115 to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana 758-92