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Home My WebLink About75B - 1501 N. ROSS REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JANUARY 3, 2006 TITLE: PUBLIC HEARING - VARIANCE NOS. 2005-64 AND 2005-65 TO ALLOW A REDUCTION IN REQUIRED PARKING AND TO ALLOW UNITS SMALLER THAN ALLOWED BY CODE AT AN EXISTING APARTMENT COMPLEX AT 1501 NORTH ROSS STREET - ORANGE HOUSING DEVELOPMENT CORPORATION, APPLICANT APPROVED o As Recommended o As Amended o Ordinance on 1 st Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For CONTINUED TO ~ ~~7v.fJ FILE NUMBER CITY MANAGER RECOMMENDED ACTION 1. Adopt a resolution approving Variance No. 2005-64 as conditioned. 2. Adopt a resolution approving variance No. 2005-65 as conditioned. PLANNING COMMISSION ACTION On December 12, 2005, the Planning Commission recommended that the City Council adopt a resolution approving variance No. 2005-64 as conditioned and adopt a resolution approving Variance No. 2005-65 as conditioned by a vote of 7:0 to allow a reduction in required parking and to allow units smaller than allowed by code at an existing apartment complex in the Multiple Family Residence (R3) zoning district at 1501 North Ross Street (Exhibit A). The Planning Commission added a condition that requires the applicant to work with staff in order to make improvements to the architecture of the building. FISCAL IMPACT There is no fiscal impact associated with this action. .~ '" . -- / J Y . Trevino E tive Director Planning & Building Agency VF:rb vf\reports\VA05-64&VA05-65.cc 758-1 REQUEST FOR Planning Commission Action ~ ~ PLANNING COMMISSION MEETING DATE: DECEMBER 12, 2005 PLANNING COMMISSION SECRETARY TITLE: PUBLIC HEARING - FILED BY ORANGE HOUSING DEVELOPMENT CORPORATION FOR VARIANCE NOS. 2005-64 AND 2005-65 TO ALLOW A REDUCTION IN REQUIRED PARKING AND TO ALLOW UNITS SMALLER THAN ALLOWED BY CODE AT AN EXISTING APARTMENT COMPLEX AT 1501 NORTH ROSS STREET Prepared by Vince Fregoso APPROVED D As Recommended D As Amended D Set Public Hearing For DENIED D Applicant's Request D Staff Recommendation CONTINUED TO ~tive Director ~la~~~l.YU RECOMMENDED ACTION Recommend that the City Council: 1. Adopt a resolution approving Variance No. 2005-64 as conditioned. 2. Adopt a resolution approving Variance No. 2005-65 as conditioned. DISCUSSION Request of Applicant Orange Housing Development Corporation is requesting approval of a variance for a reduction in required parking and to reduce the unit size of the one-bedroom units in conjunction with the rehabilitation of an existing 30 unit apartment complex at 1501 North Ross Street. Property Description The project site is a 17,200 square foot, rectangular shaped parcel located on the northeast corner of Ross and Fifteenth Streets. The site is currently occupied by the Ross Street Apartment complex, a four-story, 15,200 square foot, 30-unit complex that was constructed in 1980. The site currently contains 30 covered parking spaces. The site has a General Plan land use designation of Medium Density Residential (MR-15), which allows residential development at 15 units per acre. The subject site is located within the Multiple-Family Residential (R-3) zoning district. The property is surrounded by single-family and multi-family residential uses to the north, east and west, and Willard Intermediate School to the south (Exhibits 1 and 2) . EXHIBIT A 758-2 Variance Nos. 05-64 and 05-65 December 12, 2005 Page 2 Project Description The project involves the rehabilitation of the existing 30 unit apartment complex into an affordable, rent controlled 24 unit complex. The structure and room layouts will be modified by combining existing studio units to create one, two and three bedroom units. Units will range in size from approximately 509 square feet for a one bedroom apartment and 764 square feet for a two bedroom unit. The unit breakdown includes 13 one-bedroom units and 11 two-bedroom units. Various external and internal improvements are proposed for the project. Exterior improvements will include new stucco and paint for the exterior walls, repairing and repainting all decks and the removal of exterior doors where units are removed. Interior enhancements will include the reconfiguration of walls and the installation of new bathrooms and kitchens within each unit. Additionally, new paint, windows, doors and flooring will be provided for each apartment (Exhibits 3 and 4) . Analysis of the Issues Orange Housing Development Corporation, in partnership with the City's Housing Division, is in the process of purchasing the existing apartment complex. Once the purchase is completed, the applicant intends to rehabilitate the existing complex and provide 24 affordable, rent controlled units that will include occupancy restrictions. However, due to the rehabilitation involved with the project, a variance for a reduction in parking and for a reduction in the minimum size of a unit is needed. The first variance pertains to a reduction in required parking for the complex. Section 41-681.3(3) of the Santa Ana Municipal Code (SAMC) requires this nonconforming multiple-family residential project to comply with the City's parking requirements if the number or size of the bedrooms will be increased on the site through a rehabilitation. In analyzing this request for a reduction in parking, staff considered the following information. The applicant will be reducing the number of units on the site by six, effecti vely reducing the parking demand for the proj ect. Additionally, through deed restrictions and covenants, the overall occupancy of the project will be reduced from 105 to a maximum of 70 (3 persons per one bedroom unit and 4 persons per two bedroom unit), also reducing the demand for parking. Finally, since the applicant has completed several similar proj ects, the applicant has found that the need for parking has been reduced with this type of project. 758-3 variance Nos. 05-64 and 05-65 December 12, 2005 Page 3 The second variance pertains to the applicant's request to allow one- bedroom units that are smaller than allowed by code. Section 41-272.01 of the SAMC requires one-bedroom units to be a minimum of 550 square feet in size, while the rehabilitation project results in units that average approximately 509 square feet. In analyzing this request for a reduction in parking, the following information was considered. The layout of the new one and two-bedroom units is based on the configuration of the existing studio apartments. In reducing units, new walls will be installed that follow the general layout of the existing units. In creating the one bedroom units, bedroom space will be obtained from adjacent units. One bedroom units that comply with code can be provided for this proj ect i however, a significant amount of available funds would need to be spent and a less efficient proj ect may result. Since deed restrictions and covenants will be recorded for the proj ect, the occupancy of the one bedroom units and overall occupancy of the project will be reduced. Orange Housing Development Corporation has completed several successful, similar projects in the City, including the Cornerstone Village rehabilitation on Standard Avenue and Minnie Street and the conversion of the Howard Johnson's Motel into a senior apartment complex on East Seventeenth Street. This project, as with the prior projects completed by Orange Housing, will preserve and improve the character and integrity of the surrounding neighborhood through the numerous improvements proposed for the site. The reduction in the overall number of units, in conjunction with the strict occupancy limits, will result in a reduction in the parking demand for the complex. As a result, staff recommends that the Planning Commission approve Variance Nos. 2005-64 and 2005-65 as conditioned (Exhibits 5, 6, 7 and 8) . CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review pursuant to Section 15301. This Class 1 exemption allows the repair, maintenance and minor alteration of existing structures with no expansion. Categorical E;:r::::: No. 2005-210 will be filed for this project. Vince Freg so, Senior Plan VF:JM vf\reportS\VA05-64&VA05-65.pc 758-4 ~~~~~~~ ~\ J" . i o ~ R1 Rl "' L]I]]E~~R~J~ "'ODrn[J~D : R1 R1 ~'~ "".M C1185' 145" tl '~ l. .t,_, Cl. Cl ~ , Cl " . ~ " ":-1110' Rl Rl Rl R2 0 R2 R2 ~ Rl Rl Rl I KORAl CR 41722' SO 5D-20 .20 A1 -B C-SM Cl Cl-MD C2 C3 C3-A C4 C5 ~ ~-~ 1" = 1000 FEET P LAN N @ R1 R1 R1 R1 R1 ~ C5 Rl Rl Rl Rl R1 R2 Rl ~B '" . so 1776 -20 182 SO~20 5D.20 GC GENERAL AGRICULTURAL PARKING MODIFICATION COMMERCIAL SOUTH MAIN COMMUNITY COMMERCIAL COMM. COMMERCIAL-MUSEUM DISTRICT GENERAL COMMERCIAL CENTRAL BUSINESS CENTRAL BUSINESS-ARTIST VILLAGE PLANNED SHOPPING CENTER ARTERIAL COMMERCIAL R1 R1 00 < ~ R1 R1 R1 >' R1 R1 " o " ~ Cl R3- HD II R3- HOli >' > 00 z " < ~ CR GC Ml M2 MO o P PCD PRO COMMERCIAL RESIDENTIAL GOVERNMENT CENTER LIGHT INDUSTRIAL HEAVY INDUSTRIAL MILITARY OPERATIONS OPEN SPACE PROFESSIONAL PLANNED COMMUNITY DEVELOPMENT PLANNED RESIDENTIAL DEVELOPMENT Rl R2 R3 R4 RE SO SP SINGLE-FAMILY RESIDENCE TWO-FAMILY RESIDENCE MULTIPLE-FAMILY RESIDENCE SUBURBAN APARTMENTS RESIDENTIAL ESTATE SPECIFIC DEVELOPMENT SPECIFIC PLAN VA 05-64 & 05-65 ORANGE HOUSING DEVELOPMENT CORP. 1501 NORTH ROSS STREET N G fA c9(' - = 500 FEET AND BUILD EXHIBIT 1 758-5 N G AGE N C Y .... COMMERCIAL ..... ~ SIXTEENTH STREET ai 0 ~ SINGLE FAMILY Cl: I- ~ ~>-CIi ~>-CIi ~>-CIi RESIDENTIAL >- W ~ C!l~UJ ~~~ C!l~UJ SINGLE FAMILY ..... W ~ ~~Cl: Ui1l: ~~Cl: RESIDENTIAL MFR 11: a: 0 0lL( 0lL( l- I- i:: en W ..... 5 ~ MUL TI FAMILY W ..... '" RESIDENTIAL a: ~ j:: ::!; UJ I- ai UJ Q.. en 9 0 :::> DUPLEX ffl Ol DUPLEX 0 Cl: UJ >- SINGLE FAMILY ..... SINGLE FA MIL Y ~ >- RESIDENTIAL RESIDENTIAL 11: ::' i:: '" SINGLE FAMILY >-..... 5 "- RESIDENTIAL ~~ ::!; 1I:ai ..... i::9 :::> .....ffl SFR ::!; ~Cl: FIFTEENTH STREET SINGLE FAMILY SINGLE FA MIL Y >-..... RESIDENTIAL RESIDENTIAL ~~ I- 1I:ai WILLARD ..... SINGLE FAMILY Z i::9 '" RESIDENTIAL < .....ffl INTERMEDIATE i:: SCHOOL <: a: ~Cl: 0 ::;) ~ >-..... C Cl: ::'~ en ..... en ~ "'<: 0 11: "-UJ a: _0 1-- :::> :::>UJ ::!; ::!;Cl: tJ} ~~ VA 05-64 & 05-65 ORANGE HOUSING DEVELOPMENT CORP. 1501 NORTH ROSS STREET A ~ P LAN N N G AGE N C Y N G AND B U L 0 EXHIBIT 2 758-6 1'1 ~.~ ffimT.. - ---.. I - ~ k ! c.. ~ ~ - ~ ~ ~ " . '.' ' II uq illi I :~. !~J II e9Q'l:. ".,.........-..0 ~;u...~...........-;~::>' -i ddO~ ,,,"" ~I, S:\JH ])1',,",: Ii I ~~"~.~""" ',cCll'"'' ~ld" ,JJdS SSJ~ '" 'W~,c'J "." ,,,10>' ~ '~ ;: g ~- z~ ;; <:: ... <( Cl ... U w (3 II: 0.. ~ i " . ~ ~ . o r..' ., -..' ., I - L Ii I - ~ I I :. ]. ~ -;---- --~ '!: ":: --~-o .!: i +- ---;; ~I _- -~ " (;L :t ~ ---e ') I 10 I +--,,-- t-- ~~---o I \) ~ L+~__ 1 u.. jO I 0- + 4--- I '" IUa'(.l1 t "i 0::'0 ~ - ~ 0 ~3 '!i;t "",) 0 " 0' ~I,,- Sf ~if > 0 u i . u . << ;; . ~ ~ ~ 0 8 - ---;lffY[),l -t p.-c ,- 0- 0----------- 0' I ~ .~---~--I-- ;I c 0' , I J ~-+- ~ 1 G--------- ~ ! 0' '" -=-----+ ~ o--~------ o !_-.-- -------t ~ O-~~ ~<, ~V.'\ Ldi // 0- ~I _i-. ~ 1;( II ~! 0 f.o l I +-- 111~J 1 L. ______JI I , I ---+-----.----~-7 \ ~_-_==.:::._=-.:..._===___:_:_:_t_:__~-....:.:~:~__ '" " o I ~ ~-":~t I ~~~J 0- ~ ~ '" -~ , I .~i -~ .-...LiE1>L'-S- 5-S-O'g ""i- 75Siti1T 3 1.:' lScJ;.j ~\I\;'-'d J11S <::: j ~\;' lJ]~iS SS::':'dall' ,\,' ~: :$1 ~ I , I i I L~ C~ I i ! l:J~ <( I la;;'~s i 1 I _~'f' I ii. i-. z :3 0- 0: o ~ ... II> I)' ;;: " z :3 0- W ~ Vi I..-~-._-,,--- --- I&#:~ ~~j I I II e~~!!~ Ii I " ,,', 'L u i ~- 9 I I IL;>i' nil.. I I ,i ~' ",I >!I I .--11 : I :l'i-=<:': t-1G ~;I\JISI",O~, J:Hrv"tJC Ii .,~._ II ~--'~"-'''.' 61UOI,nS'JO:l1 S~d'1 l::<_H:~lS 55:]/:: 'i HJ\itlnO:Jll'j pa!DJd H---~ ------- -- r---- , ^ql UOISII\.iljl iljDp '" >0-. r ~- i tJ3 >:"',=1 ~ --1 II --J .1, ~' ~~, ..'.' '. \\ ,. I ~ -4~?a---- EXHIBIT 4 75B~8 I i Ii ffi[ ~i: D . ~ ~ -a ..a '" E ~ ~ ~!I I;; n " ,,-I L .( l;-~--l ! I - ' ~~71d cOC-d ':XW2'3S I SidV' 133~lS SSDd :;';'1'1 Fiil~5 I I 1 ! "-l I I! il'*=""j i: ~ n~ , I '" c ~ ()~ U '10 f/l i It d~ ell ~ L~ ~ ,- i I~-- ---.---- i ',_ .?OC.o=>n.~'f>fC I, ;,JO '_-'r--.'I~'~~' ~~"~""" , ' _ 'cd Jci'N'C. i I -- I ~ ~L S\UD\lfSUOJ ...0 __ I S*~'i lJ-::idl~\~No.; .~.;;.;.,u_ ~ ~_~~~v~lrlC alII pilfoJd I '" -rl-r~ji= Ii ~.-i ' 11 Ii 11 "->- 1...+::3 F J _." I I ! ~i -I lJ; -I -.4",S-g - -- , , y- 75B~9 ~\J't~d i w-n-j ~J d'J l=-=.l-=-__S_::O~ :i1li:1 lililyS (-~ ~ C'-J ; <{ .1 !! I C/> i I",' I,;: , ' z :3 "- '" o ~ o '" ~ Variance No. 2005-64 December 12, 2005 Page 1 of 1 Findings of Fact A. That because of special circumstances applicable to the subject property, including size, shape, topography, location, or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. Special circumstances are applicable to the subj ect site that necessi tates a parking variance for the proj ect. The subj ect si te currently contains 30 parking spaces, one for each unit. The applicant will be reducing the number of units on the premises to 24, further reducing the parking demand for the site. Additionally, occupancy restrictions will be established for the project that will result in a lesser number of residents than currently found on the premises, further reducing the need for parking. Therefore, the strict application of the zoning code would deprive the subject property of privileges. B. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The parking variance is necessary to preserve property rights as the owners will be rehabilitating the existing complex and providing affordable, rent controlled housing for residents of the City. 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 a reduction in parking will not be detrimental to the area as the reduction in units, in conjunction with the occupancy restrictions, will result in a lower parking demand. 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 Ci ty I S General Plan in any way as the land use designation of Medium Density Residential (MR) allows the rehabilitation of existing apartment complexes. 7 5B'S.bf'ljT 5 DECEMBER 12, 2005 PAGE 1 OF 1 Conditions for Approval variance No. 2005-64 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code, and all other applicable regulations. In addition, it shall meet the following conditions of approval: The applicant must comply with each and every condition listed below prior to exercising the rights conferred by this variance. 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 must remain in compliance with the submitted plans shown for the development (Exhibits 3 and 4) . 2. Prior to issuance of building permits, a copy of the deed restrictions and covenants for the project shall be submitted to the Planning Division for review and approval. 3. l?riorf to submitting . plans ,into building planoheck,.f the applioant,' shall submit plans fo;r review and approval by .the ager:'that incorporate architectural e . s. to . (Added by the P:Z~n:rpJ.D.g Co"""issJ.QA onPf!toJ,Z, EXHIBIT 6 758-11 Variance No. 2005-65 December 12, 2005 Page 1 of 1 Findings of Fact A. That because of special circumstances applicable to the subject property, including size, shape, topography, location, or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. Special circumstances exist that necessitate a variance for the unit sizes. The existing project will be reconfigured into one and two-bedroom units through the merger of studio units. Given the existing layout of the project, it is unfeasible to provide units that meet the minimum unit size for one-bedroom units. B. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The unit size variance is necessary to preserve property rights as the owners will be rehabilitating the existing complex and providing affordable, rent controlled housing for residents of the City. 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 a reduction in one-bedroom unit size will not be detrimental to the area as the reduction in units, in conjunction with the occupancy restrictions, will result in a lower overall occupancy level for the project. 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 Ci ty I S General Plan in any way as the land use designation of Medium Density Residential (MR) allows the rehabilitation of existing apartment complexes. 75~~T172 DECEMBER 12, 2005 PAGE 1 OFl Conditions for Approval Variance No. 2005-65 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code, and all other applicable regulations. In addition, it shall meet the following conditions of approval: The applicant must comply with each and every condition listed below prior to exercising the rights conferred by this variance. 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 must remain in compliance with the submitted plans shown for the development (Exhibits 3 and 4) . 2. Prior to issuance of building permits, a copy of the deed restrictions and covenants for the project shall be submitted to the Planning Division for review and approval. ~rior to submitting plans into building plan' check,? the applicant shall submit plans for review and approv~l by the PI~ing Manager that incorporate architectural enhancements to the b\1ilding ~. (Added by the Plazming Commissiofl, . o.a D,ec~Qlber 12(' 2005) ~ EXHIBIT 8 758-13 KO -12/19/05 RESOLUTION NO. 2006- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2005-64 AS CONDITIONED TO ALLOW REDUCTIONS IN THE REQUIRED PARKING AND APPROVING VARIANCE NO. 2005-65 AS CONDITIONED TO ALLOW REDUCTION IN THE BEDROOM SIZE FOR THE PROPERTY LOCATED AT 1501 NORTH ROSS STREET 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 approval of Variance No. 2005-64, to a reduction in the required parking and Variance No. 2005-64 to allow one-bedroom units that are smaller than allowed by code for the property located at 1501 North Ross Street. B. Variance Nos. 2005-64 and 2005-65 came before the Planning Commission on December 12, 2005 for a duly noticed public hearing and voted unanimously to recommend that the City Council approve Variance No. 2005-64 and Variance No. 2005-65. C. Variance Nos. 2005-64 and 2005-65 came before the City Council for a duly noticed public hearing on January 3, 2006. D. Section 41-681.3(3) of the Santa Ana Municipal Code (SAM C) requires nonconforming multiple-family residential projects to comply with the City's parking requirements if the number or size of the bedrooms will be increased on the site through rehabilitation. E. Section 41-1322 requires 74 parking spaces for the proposed project. The current site only has 30 parking spaces available. As such, a variance of 44 parking spaces will be required. F. The City Council determines that for Variance No. 2005-64 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: i. That because of special circumstances applicable to the subject property, including size, shape, topography, location, Resolution No. 2006-xx Page 1 of 7 758-14 or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. Special circumstances are applicable to the subject site that necessitates a parking variance for the project. The subject site currently contains 30 parking spaces, one for each unit. The applicant will be reducing the number of units on the premises to 24, further reducing the parking demand for the site. Additionally, occupancy restrictions will be established for the project that will result in a lesser number of residents than currently found on the premises, further reducing the need for parking. Therefore, the strict application of the zoning code would deprive the subject property of privileges. ii. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The parking variance is necessary to preserve property rights as the owners will be rehabilitating the existing complex and providing affordable, rent controlled housing for residents of the City. iii. 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 a reduction in parking will not be detrimental to the area as the reduction in units, in conjunction with the occupancy restrictions, will result in a lower parking demand. iv. 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 City's General Plan in any way as the land use designation of Medium Density Residential (MR) allows the rehabilitation of existing apartment complexes. G. Section 41-272.01 of the SAMC requires one-bedroom units to be a minimum of 550 square feet in size. The rehabilitation project results in 13 Resolution No. 2006-xx Page 2 of 7 758-15 one-bedroom units that are approximately 509 square feet in size. As such, a 41 foot variance for these 13 one-bedroom units will be required. 1. The City Council determines that for Variance No. 2005-65 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: i. That because of special circumstances applicable to the subject property, including size, shape, topography, location, or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. Special circumstances exist that necessitate a variance for the unit sizes. The existing project will be reconfigured into one and two-bedroom units through the merger of studio units. Given the existing layout of the project, it is unfeasible to provide units that meet the minimum unit size for one-bedroom units. II. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The unit size variance is necessary to preserve property rights as the owners will be rehabilitating the existing complex and providing affordable, rent controlled housing for residents of the City. iii. 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 a reduction in one- bedroom unit size will not be detrimental to the area as the reduction in units, in conjunction with the occupancy restrictions, will result in a lower overall occupancy level for the project. iv. That the granting of a variance will not adversely affect the General Plan of the City. The granting of the variance will 110t adversely affect the City's General Plan in any way as the land use designation of Medium Density Residential (MR) Resolution No. 2006-xx Page 3 of 7 758-16 allows the rehabilitation of existing apartment complexes. H. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review pursuant to Section 15301. This Class 1 exemption allows the repair, maintenance and minor alteration of existing structures with no expansion. Categorical Exemption No. 2005-210 will be filed for this project. Section 2. The City Council of the City of Santa Ana after conducting the public hearing hereby approves: A. Variance No. 2005-64 as conditioned in Exhibit A attached hereto and incorporated herein as though fully set forth. B. Variance No. 2005-65 as conditioned in Exhibit B attached hereto and incorporated herein as though fully set forth These decisions are based upon the evidence submitted at the abovesaid hearing, which includes but are not limited to: the Staff reports and exhibits attached thereto; and the public testimony all of which are incorporated herein by this reference. Section 3. This Resolution shall only become effective once the City Council adopts a Relocation Plan for this property. If a Relocation Plan is not adopted within sixty (60) days from adoption of this resolution, then this resolution shall be null and void and have no fu rther force and effect. ADOPTED this day of ,2006 Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee O. Otto Assistant City Attorney Resolution No. 2006-xx Page 4 of 7 758-17 AYES: Councilmembers NOES: Council members ABSTAIN: Councilmembers NOT PRESENT: Council members CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2006-XXX 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 Resolution No. 2006-xx Page 5 of 7 758-18 Conditions for Approval for Variance No. 2005-64 Variance No. 2005-64 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code, and all other applicable regulations. In addition, it shall meet the following conditions of approval: The applicant must comply with each and every condition listed below prior to exercising the rights conferred by this variance. 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 must remain in compliance with the submitted plans shown for the development (Exhibits 3 and 4). 2. Prior to issuance of building permits, a copy of the deed restrictions and covenants for the project shall be submitted to the Planning Division for review and approval. 3. Prior to submitting plans into building plan check, the applicant shall submit plans for review and approval by the Planning Manager that incorporate architectural enhancements to the building. Exhibit A Resolution No. 2006-xx Page 6 of 7 758-19 Conditions for Approval for Variance No. 2005-65 Variance No. 2005-65 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code, and all other applicable regulations. In addition, it shall meet the following conditions of approval: The applicant must comply with each and every condition listed below prior to exercising the rights conferred by this variance. 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 must remain in compliance with the submitted plans shown for the development (Exhibits 3 and 4). 2. Prior to issuance of building permits, a copy of the deed restrictions and covenants for the project shall be submitted to the Planning Division for review and approval. 3. Prior to submitting plans into building plan check, the applicant shall submit plans for review and approval by the Planning Manager that incorporate architectural enhancements to the building. Exhibit B Resolution No. 2006-xx Page 7 of 7 758-20