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HomeMy WebLinkAbout2006-002 - Allow Reduction in the Bedroom Size for the Property Located 1501 North Ross Street KO -12/19/05 RESOLUTION NO. 2006-002 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 (SAMC) 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. 2006-002 Page 1 of 7 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. 2006-002 Page 2 of 7 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 not adversely affect the City's General Plan in any way as the land use designation of Medium Density Residential (MR) Resolution No. 2006-002 Page 3 of 7 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 further force and effect. ADOPTED this 3rd day of Januarv. 2006 APPROVED AS TO FORM: Josep her, City Attorney ( AYES: Councilmembers: Alvarez. Bist. Bustamante, Christy. Garcia. Pulido. Solorio (7) NOES: Councilmembers: None (0) ABSTAIN: Councilmembers: None (0) NOT PRESENT: Councilmembers: None (0) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2006-002 to be the original resolution adopted by the City Council of the City of Santa Ana on Januarv 3. 2006. Date: /0/CY //\ / Clerk of the Council City of Santa Ana Resolution No. 2006-002 Page 5 of 7 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. Plannina 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. Resolution No. 2006-002 Page 6 of 7 Exhibit A 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. 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. 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. 2006-002 Page 7 of 7