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HomeMy WebLinkAbout2005-114 - Reduce the Floor Plan Configuration for the Property Located at 2823-2929 West Edinger Avenue 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. 2004-198, 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 Resolution No. 2005-114 Page 1 of 31 unanimously voted to recommend that the City Council approve the above referenced actions. C. On December 5, 2005, 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. 2004-198, 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 town homes. 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 Resolution No. 2005-114 Page 2 of 31 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 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. 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 townhomes 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: Resolution No. 2005-114 Page 3 of 31 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 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 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. Resolution No. 2005-114 Page 4 of 31 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 townhome proposal. F. Santa Ana Municipal Code Section 41-277(a) limits the height of townhomes 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 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. 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 Resolution No. 2005-114 Page 5 of 31 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 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. 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. Resolution No. 2005-114 Page 6 of 31 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 town home 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. Resolution No. 2005-114 Page 7 of 31 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 town home standards. Given 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. 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 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 town home 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 Resolution No. 2005-114 Page 8 of 31 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. 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 liB" attached hereto and incorporated herein. C. Variance No. 2005-54 from maximum allowable height as conditioned in Exhibit "C" attached hereto and incorporated herein. Resolution No. 2005-114 Page 9 of 31 D. Variance No. 2005-55 from required front landscaped setback as conditioned in Exhibit "D" 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 5th day of December, 2005 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney t !'.-/'~._-- By: "-"1 h I'j l., Kylee O. Otto Assistant City Attorney YES: Councilmembers: Alvarez. Bist. Bustamante, Pulido Garcia, Solorio (6) NOES: Councilmembers: None (0) ABSTAIN: Council members: None (0) NOT PRESENT: Councilmembers: Christy (1) Resolution No. 2005-114 Page 10 of 31 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 December 5.2005. Date: /2 /1 '5'" /~ ;-- / / Clerk of the Council City of Santa Ana Resolution No. 2005-114 Page 11 of 31 EXHIBIT A 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. 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 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. Resolution No. 2005-114 Page 12 of 31 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 (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 Resolution No. 2005-114 Page 13 of 31 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 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. Resolution No. 2005-114 Page 14 of 31 Mitigation Measures 24. The project shall comply with the attached Mitigation Monitoring Plan (Attachment 3) Resolution No. 2005-114 Page 15 of 31 .. j ~ : -t! U 'f'} ~jjJ~'>tijl ~ ,1JJ&j}ju ~~!!~!~~~~~~~~~~~~!~!!!!! 'MJHJOISD !)NIJSID l:l @ i ,\ i 1:!~!!~:!!!!!5!!!~~ : I j I ~ \ d I ' ~'.~~ ~<t.<l'i"; l:~~t, 1 ,-.!. q.,l 1"'~ a' J-. ~ \1 j~u.JJdi.dJfHht . t. I I.,,; ~ !II 1 -"j~: U q >. ~jil 1 "g i ~ ; : p D }j P f d 11 q !4 ii.HHnHdiJ!di~ ! 1 i ~ :~ ~ > ~ J j J 1 J 1 '" , ~ ~ ~ ~ .. " ~ } .~ ~ ~ :~ , ,I . J ,I J , ~ ( . ) l , , ! . j . ~ J 1 , . . ,~ J j j ~ ! ! . . I J I t f I .. : t t ~ j , . j j { ~ , ! :;t , l i .' i ,I I . ~ . ; J ~ 1 A , ~ I i ~qq ~ ;~J} ~ t.~j~ _! ;. III , J . ~ I! . i ~ 1 j. ~ Resolution No. 20()'WJ!fIIIIrWO~ !)HIJ.$D(J Page 16 of 31 A'ITACHMENT 1 Cite ........0... 'II' i ! : ! ...<!:- 'E o. ':Z,l ~il ~!~ a;'~ ~ I ~t J jf a ;11' ] i ~ ~ ,; E :.\.::. :~ ; I ~ I , U'l I,l. i I j t . I . . h J t I . ~1 c"'f "i :! 'ie 'tlil ~ .. III Z .l~ eoo Q.. ATIACHKENT 2 i " .~ 'i! ;... r..: In H ;~I a:1 s;~ :;;1< :d ~ ". () ~~ >J ia~ C)~ . H ;.i :.::~m o .:f1J ~.tiI J ! I:: o ... ... U ~ Ul ~ - III ...... ~ ./:: o ~ .; - -, m Q,) S o ....d ~ ~ E-8 ~ Q,) "OD ~ .- ~ J:.I..l Resolution No. 2005-114 Page 17 of 31 EDINGER TOWN HOMES MITIGATION MONITORING PROGRAM ER 2004-198 Mitigation Measure The developer shall use zero Volatile Organic Compounds (VOCl 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 Dus t Rul.e 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 Resolution No. 2005-114 Page 18 of 31 Timing Prior to Building Permi ts Prior to Const:ruction Prior to Grading Permits ATIACBMKNT 3 1 of 10 Agency Planning/ Building Agency Approval Planning/ Building Agency excessive amounts of dust. Watering with complete coverage shall occur at least t'Wice 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 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 extent feasible, gasoline powered equipment Resolution No. 2005-114 Page 19 of 31 2 of 10 shal] be used for onsite and offsite construction act:i.vi ties. 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 ensu~e 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 lS to include existing and proposed elevations at and adjacent to all property lines. Drainage routed to the street shall be I directed beneath ~he I sidewalk and through I the curb. Resolution No. 2005-114 Page 20 of 31 Prior to Grading Permits Prior to Grading Permits 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 I 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 Permi ts Prior to Grading Permi ts 4 of 10 Public Works Agency Planning I Building Agency Planningl Building Agency Resolution No. 2005-114 Page 21 of 31 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 COUIlty 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 Blvl:Ps Resolution No. 2005-114 Page 22 of 31 Prior to Grading Permits Prior to Grading Permits 5 of 10 Public Works Agency Public Works Agency Mechanisms by which funding for long- term operation and maintenance of all structural BMPs shaJ.l 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 6 of 1 0 Public Works Agency Public Works Agency Planningl Building Agency Public Works Agency I I . Resolution No. 2005-114 Page 23 of 31 required, prior to the issuance or grading permi ts . the applicant shall provide proof to the City of an NPDES permit from the Regional Water Quality Control Board for ons i te dewatering operations. Prior to issuance of a grading permit. the project applicant shall submit a final surface water runoff evaluation for rev~ew and approval showing existing and proposed facilities and methods of draining the site without exceeding the capacity of any street or adjacent storm drain fadli ty. 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 Souno transmission Class (STCl of 28 or greater shall be installed on all windows for the Resolution No. 2005-114 Page 24 of 31 Prior to Grading Permit Prior to Building Permits Prior to Building Permits 7 of 10 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 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 ~-inch plywood sheathing and minimum insulation of R-19 for all i attic spaces. ; i 1>.11 Attic vents I, shall be oriented away from Edinger i Avenue and Fairview Prior to Building Permits Prior to Building Permits Prior to Building Permits Prior to Building Permits B of 10 Planning/ Building Agency Planning/ Building Agency Planning/ Building Agency Planning/ Building Agency Resolution No. 2005-114 Page 25 of 31 Street Grading Plans and Building Plans for the proposed project shall note "Construction 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 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 Resolution No. 2005-114 Page 26 of 31 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 9 of 10 Planning/ Building Agency Planning/ Building Agency Planning/ Building Agency Planning/ Building Agency areas shall be located away from existing residential uses" . Resolution No. 2005-114 Page 27 of 31 1 0 of 1 0 EXHIBIT B 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. Resolution No. 2005-114 Page 28 of 31 EXHIBIT C 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. Plannina 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. Resolution No. 2005-114 Page 29 of 31 EXHIBIT D 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. Resolution No. 2005-114 Page 30 of 31 EXHIBIT E 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. Plannina Division 1. The project shall remain in compliance with Site Plan Review DP No. 04- 73. Resolution No. 2005-114 Page 31 of 31