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Home My WebLink About75E - 1331 WEST FIRST STREETREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 2, 2009 TITLE: PUBLIC HEARING - AMENDMENT APPLICATION NO. 2009-02, CONDITIONAL USE PERMIT NO. 2009-20 AND VARIANCE NO. 2009-08 TO ALLOW A MIXED USE OFFICE AND THREE-UNIT RESIDENTIAL PROJECT WITH SURFACE PARKING LOT LOCATED AT 1331 WEST FIRST STREET - GLOBAL EMPIRE LLC, APPLICANT /~ ~~ CITY MANAGER CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1St Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER RECOMMENDED ACTION 1. Adopt an ordinance approving Amendment Application No. 2009-02. 2. Adopt a resolution approving Conditional Use Permit No. 2009-20 as conditioned. 3. Adopt a resolution approving Variance No. 2009-08 as conditioned. PLANNING COMMISSION ACTION On October 12, 2009, the Planning Commission recommended that the City Council adopt an ordinance approving Amendment Application No. 2009-02, adopt a resolution approving Conditional Use Permit No. 2009-20 as conditioned, and adopt a resolution approving Variance No. 2009-08 as conditioned by a vote of 5:0 (Yrarrazaval absent) to allow a mixed use office and three-unit residential project with surface parking lot and to change the zoning from General Commercial (C2) to Commercial Residential (CR) at 1331 West First Street. 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. Ja M. Trevino Executive Director Planning & Building Agency VC:rb vc\reports\aa09-02cup09-20var09-08 GlobalEmpire.cc 75E-1 75E-2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: OCTOBER 12, 2009 TITLE: PUBLIC HEARING -AMENDMENT APPLICATION NO. 2009-02, CONDITIONAL USE PERMIT NO. 2009-20 AND VARIANCE NO. 2009-08 TO ALLOW A MIXED USE OFFICE AND THREE-UNIT RESIDENTIAL PROJECT WITH SURFACE PARKING LOT LOCATED AT 1331 WEST FIRST STREET PLANNING COMMISSION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For DENIED ^ Applicant's Request ^ Staff Recommendation CONTINUED TO Prepared by Verny Carvajal f, ,~ti,~ 7 Executive D' ector UL ~. ~~ Planning Man er RECOMMENDED ACTION Recommend that the City Council: 1. Adopt an ordinance approving Amendment Application No. 2009-02. 2. Adopt a resolution approving Conditional Use Permit No. 2009-20 as conditioned. 3. Adopt a resolution approving Variance No. 2009-08 as conditioned. DISCUSSION Request of Applicant The applicant, Global Empire LLC, is proposing to develop a new two-story mixed use office and three-unit residential building at 1331 West First Street. In conjunction with the request, the applicant is requesting approval of an amendment application to change the zoning of the property from General Commercial (C2) to Commercial Residential (CR) and from Two- Family Residential (R2) to Two-Family Residential/B-Suffix (R2-B), a conditional use permit to allow a surface parking lot in the R2-B zoning district, and a variance from minimum lot size standards for mixed use projects in the CR zoning district. Property Description The proposed development site consists of five rectangular shaped parcels, approximately .39 acres in size and generally located on the northeast corner of First and Hesperian Streets. Four of the five parcels with frontage along First Street have a General Plan land use EXHIBIT A 75E-3 Amendment Application No. 2009-02 Conditional Use Permit No. 2009-20 Variance No. 2009-08 October 12, 2009 Page 2 designation of General Commercial (GC) and a zoning designation of General Commercial (C2). The remaining parcel will be utilized as a surface parking lot along Hesperian Street and has a land use designation of Low Density Residential (LR-7) and a zoning designation of Two-Family Residential (R-2). Surrounding land uses include a combination of single- family and multi-family residential uses to the north, single-family and commercial/retail to the west, commercial retail to the south and a church to the east (Exhibits 1, 2 and 3). Project Description The proposed project involves the development of a mixed-use building on a vacant site of approximately 16,850 square feet in area oriented towards First Street in a courtyard style setting. The project includes two commercial office suites on the ground level with a total of 3,500 square feet and three residential units on the second level with covered parking. Units will range from 918 to 1,130 square feet in size and all will consist of two-bedroom and two-bath layouts. Vehicular access for the residential component will occur along Hesperian Street through a separate parking area and will include one covered parking space per residential unit. Commercial access to the site will be taken directly off of First Street and contained within a second parking area. A total of 10 spaces are required and will be provided for the commercial office, with 11 spaces required and proved for the residential units, including three guest parking spaces. As a whole, a total of 21 parking spaces are required and will be provided for the entire project. The building will feature Mission/Spanish Colonial Revival style architecture featuring traditional barrel clay roofing, true divided light windows, decorative wrought iron balconies and highly decorative accent the and stone elements typical of the Mediterranean architectural era. Exterior finishes for the proposed project will consist of smooth plaster with neutral earth tone colors. Additionally, project entrances and pedestrian walkways will include color stamped concrete paving to add visual interest and improve the overall theme of the project. Amenities such as a 1,700 square foot common active open space area, individual private courtyards and a common pedestrian paseo on both the internal and street side of the project will be provided in order to encourage social interaction. Landscaping will meet current code requirements and will incorporate heavily layered landscaping and a landscape screen to ensure privacy to and from the residential units to the north (Exhibits 4 through 8). 75E-4 Amendment Application No. 2009-02 Conditional Use Permit No. 2009-20 Variance No. 2009-08 October 12, 2009 Page 3 Analysis of the Issues Amendment Application The proposed building site is located within the General Commercial (C2) zoning district which does not allow mixed use type development projects. As a result, an amendment application is requested to change the zoning of the subject property to Commercial Residential (CR) to facilitate the construction of the proposed building. Both the C2 and CR zoning districts are considered to be compatible with the current General Plan land use designation of General Commercial (GC) as found in the City's land use element. The Commercial Residential (CR) zoning was established in order to work in concert with both the General Commercial (GC) and District Center (DC) land use designations to encourage mixed-use commercial and residential developments along major arterial streets. Although the Commercial Residential (CR) zoning designation was originally intended for larger scale developments, smaller projects may serve to achieve the same purpose and principles established in the CR zoning district, such as providing greater convenience to city services and transportation, excellence of design and visual appeal than those typically found with standard infill retail centers. The proposed project meets the goals and policies established by the City's General Plan Land Use Element. Policy 4.5 of the element encourages development of employment centers and mixed use projects adjacent to major arterial roadways while Policy 3.2 supports development which provides a positive contribution to neighborhood character and identity. The project site is located along First Street, a Major Arterial as defined by the City's Circulation Element of the General Plan. The commercial component of the project will generate additional employment opportunity for nearby or on-site residents. Additionally, the project has been designed with high quality materials and neighborhood sensitivity through its design. Second, the fifth parcel along Hesperian Street will need a zone change from Two-Family Residential (R2) to Two-Family Residential with B-Suffix (R2-B). Per section 41-611 of the Santa Ana Municipal Code, any zoning district or any part thereof regulating the use of land may be modified by adding the district designation "B," which would allow the property to be 75E-5 Amendment Application No. 2009-02 Conditional Use Permit No. 2009-20 Variance No. 2009-08 October 12, 2009 Page 4 utilized as a parking lot subject to a conditional use permit. The parking lot also meets the goals and policies of the Land Use Element, as Policy 5.10 encourages circulation systems that are responsive to the needs of pedestrians and vehicular travel. In addition, the parking lot will provide an additional small setback and buffer to the existing residential uses. Conditional Use Permit B-Suffix Parkin Once the zoning has been modified to incorporate the `~B" suffix, per Section 41-611 of the code, a conditional use permit is needed in order to exercise the use of the property for the exclusive parking of motor vehicles in connection with any commercial use or for private parking. The applicant proposes to utilize the vacant parcel along Hesperian Street to satisfy the parking requirements of the residential component of the project. The B-suffix standards contained in the code requires the lot to be adequately paved and drained, possess safe ingress and egress, direct lighting away from residential properties, contain a six-foot screen wall adjacent to residential uses and provide additional on-site landscaping. The proposal is in compliance with these standards. The lot will contain a total of eight parking spaces including a covered four-car carport that will match the architecture of the proposed building. On the north and east side where the lot abuts residential property, a landscape buffer will be provided in addition to a six-foot decorative wall with smooth stucco and trim cap. A low 36-inch wall will be installed at the parking lot entrance and utilize the same stamped concrete to match the commercial parking lot entrance along First Street. Variance: Site Standards The proposed mixed-use project functions as a test case for small mixed- use infill development projects on underutilized properties along major arterial streets. The applicant is requesting a variance from Section 41- 443 related to site development standards as these types of projects are typically found in smaller clusters as part of larger-scale developments over five acres in size with typical lot dimensions of 600 X 300 feet in size. Specifically, the project is requesting to vary from minimum area of five acres, depth of 600 feet and width of 300 feet as required in Section 41-443. As proposed, the site does not comply with the 75E-6 Amendment Application No. 2009-02 Conditional Use Permit No. 2009-20 Variance No. 2009-08 October 12, 2009 Page 5 established minimum site standards. The site, however, has been designed to comply with all other site development standards including building height, buffers, setbacks, open space and recreational-leisure areas, off- street parking and landscaping requirements. The proposed small infill mixed-use project is a unique type of product that has not been constructed in the city for several years. Although the City's established Commercial Residential standards require minimum lot sizes and prescribed lineal dimensions, it is anticipated that the proposed request to reduce the site size will not result in an inferior product or take away from the project's function. The variance from minimum site standards will allow the applicant the ability to use the property in a manner that is consistent with larger mixed-use projects such as City Place that were recently approved. The proposed development will enhance and provide a positive improvement to the central heart of the City through the creative use of a previously underutilized property adjacent to a primary arterial street and adjacent to the redevelopment activity generated by the Bristol Street Corridor Specific Plan. The development of this site with high quality design, materials and finishes, the inclusion of private open spaces, pedestrian activity areas, and heavy use of landscaping will create a visual link along the First Street arterial corridor and will help in energizing and strengthening this central 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. Lastly, the project will be a direct benefit to the community by providing additional housing and employment 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. The applicant has submitted an application for a lot merger to consolidate the four lots along First Street and is in the process of obtaining necessary approvals prior to building permit issuance. The applicant will also be submitting a sign permit application. The site will comply with the City's current sign code. All signs shown on the attached elevations are for illustration purposes only and are subject to final review and approval by the case planner of the project. 75E-7 Amendment Application No. 2009-02 Conditional Use Permit No. 2009-20 Variance No. 2009-08 October 12, 2009 Page 6 Based on the analysis of the project, findings of fact, conditions of approval, compatibility with the City's General Plan and applicable development standards, it is recommended that the Planning Commission recommend that the City Council approve Amendment Application No. 2009-02, Conditional Use Permit No. 2009-20 as conditioned and Variance No. 2009-20 as conditioned (Exhibits 9, 10, 11 and 12). Neighborhood Outreach A special meeting of the Artesia Pilar Neighborhood was held on September 22, 2009 to discuss the project. The applicant presented the project site plan, elevations and landscape plans for the proposed development project. The developer clarified a few questions related to hours of operation, parking, proposed tenants, neighborhood benefit, design, occupancy restrictions and security. Overall, the neighborhood participants are supportive of the proposed project. CEQA Compliance In accordance with the California Environmental Quality Act (Title 14 of the California Code of Regulations, Section 15303), the recommended action is exempt from further review. The Class 3 exemption allows for construction and location of new limited structures in urbanized areas. Categorical Exemption Environmental Review No. 2009-83 will be filed for this project. Verny Carvajal Senior Planner VC: jm vc\reports\aa09-02cup09-20var09-08 GlobalEmpire.pc r `~~ ~s 1 Vince Fregoso, A P Principal Plann 75E-8 R1 ~~zi R2 Ri{,sl ~P R7 Nm,.s~s,, s~~z R1 ~~ fl2 a sR-i Al GENERAL AGRICULTURAL -B PARKING MODIFICATION C1 COMMUNITY COMMERCIAL Ct-MD COMMUNITY COMMERCIAL-MUSEUM DISTRICT C2 GENERAL COMMERCIAL C3 CENTRAL BUSINESS C3-A CENTRAL BUSINESS-ARTISTS'VILLAGE C4 PLANNED SHOPPING CENTER C5 ARTERIAL COMMERCIAL CR COMMERCIAL RESIDENTIAL (,2 M7 a R2 C2- ~ R1 R1 C-SM SOUTH MAIN STREET COMMERCIAL DISTRICT -F FLOOR AREA RATIO GC GOVERNMENT CENTER M7 LIGHT INDUSTRIAL M2 HEAVY INDUSTRIAL MO MILITARY OPERATIONS 0 OPEN SPACE -OZ OVERLAY ZONE P PROFESSIONAL PCD PLANNED COMMUNITY DEVELOPMENT U l~J~rLJ ~ R1 R1 Rz R2 s; r R1 R7 RB ~ P P SD-20 p Rip 5D-ss SD-55 ®o ' C c, c2 R2 R2 PD PLANNED DEVELOPMENT PRD PLANNED RESIDENTIAL DEVELOPMENT Ri SINGLE-FAMILY RESIDENCE R2 TWO-FAMILY RESIDENCE R3 MULTIPLE-FAMILY RESIDENCE R4 SUBURBAN APARTMENT RE RESIDENTIAL ESTATE SD SPECIFIC DEVELOPMENT SP SPECIFIC PLAN AA 09-2, CUP 09-20, VAR 09-8 ~ GLOBAL EMPIRE MIXED USE ~ 1331 WEST FIRST STREET - - -sooFEET 1" = 1000 FEET P L A N N I N G A N D B U I L D I N G A G E N C Y VICINITY MAP ~Ciil'B~ 1 RESID NT AL I I R S I E T I A L THIRD STREET H W W N W W ~ ~ Q (/) C O M . SECOND STREET Z ¢ COM ERC L Q j W (n VACANT U W 2 FIRST STREET 0 VACANT J O H N ~ z m WALNUT STREET R E S I D N T I A L RESID NTIAL C O M. AA 09-2, CUP 09-20, VAR 09-8 ~ GLOBAL EMPIRE MIXED USE ~, ~~~-~-'~ 1331 WEST FIRST STREET P L A N N I N G A N D B U I L D I N G A G E N C Y R E I D N T I A L R E I D N T I A L R E I D N T ! A L C O M M E R C I A L C M M E R C 1 A L C MMERCI L J VA A N T Q COM. C M M R C I A L M LTI FA IL R SID NTI AL COM. R S I D E T I A L U R E S 1 D E N T 1 L VA ANT R E S I D E N T I L ~' 2 C M t: i:~_; . ~ ~Y[ C O M M E R C I A L LAND USE MAP ~~BI~~ RESID NT AL R E S T E T I A L THIRD STREET H W W N W Q W ~ ~ Q (/) C O M . SECOND STREET z Q ¢ COM ERC L W a W VACANT p U FIRST STREET 0 VACANT J H N ~ i m WALNUT STREET R E S I D N I A L RESID NTIAL C O M. AA 09-2, CUP 09-20, VAR 09-8 ~ GLOBAL EMPIRE MIXED USE ~,, '~~--~ 1331 WEST FIRST STREET P L A N N I N G A N D B U I L D I N G A G E N C Y R E I D N T 1 A L R E 1 D N T I A L R E I D N T 1 A L C O M M E R C I A L C M M E R C 1 A L C MMERC! L J VA A N T a COM. M LTI FA IL R SID NTI AL C M M R C I A L COM. R S I D E T I A L U R E S I D E N T I L VA ANT R E S I D E N T I L ~' Z C M U . s" a . r C O M M E R C I A L , :i~M . ~'f t~'i.. ,4 ZONE CHANGE 7C-I~ _ ~13~211S M~IIZI3cIS3H ~T~ 2 ~~ Z 0 k ~ s' o~ ~s ~~ ~. Z~ Q~ 3 ~~ 0 ~~ ~~ i i i i'~ ~- i`i i i i i i~ ~ ~) ;~ ~ I ~ ~ 0 %~ ~~~' Ts ~I~ 4 Z EXHIBIT 7 75E-15 r,~ ~~ Z ~v? W I- ~Z Z O w~ w~ z W ~I~ Conditional Use Permit No. 2009-20 October 12, 2009 Page 1 of 2 Findings of Fact A. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? The parking lot for the mixed use necessary covered and surface off- the residents of the second floor t Section 41-1322 of the Santa Ana parking lot will eliminate the need site along Hesperian Street which residential neighborhood. building will provide the -street parking spaces for znits that are required per Municipal Code. The new for residents to park off- will benefit the adjacent B. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety or general welfare of persons residing or working in the vicinity? The proposed parking lot has been designed to minimize impacts to surrounding residential uses. Landscape and decorative fencing buffers have been provided adjacent to residential property. In addition, lighting has been designed not to exceed 15 feet in height and installed to shine away from residential property. Having adequate on-site parking areas will also minimize adverse impacts to persons residing or working in the vicinity. C. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The development of the vacant site with a parking lot will enhance the economic viability of the area as this new mixed- use project will result in the development of five vacant parcels and provide the required parking for the residential component of the project. The zoning for the lot is consistent with its future use as its future use will continue to be residential in nature. It is anticipated that the use will enhance rather than adversely affect the economic development or stability of the area. The overall economic stability of the area will be strengthened with additional commercial services and available housing in the immediate area. EXHIBIT 9 75E-17 Conditional Use Permit No. 2009-20 October 12, 2009 Page 2 of 2 D. Will the proposed use comply with the regulations and conditions specified in Chapter 41 of the Santa Ana Municipal Code for such use? The proposed parking lot will meet and exceed all applicable provisions of Chapter 41 of the Santa Ana Municipal Code, including landscaping and setbacks. E. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed project will not adversely affect the general Plan as an ancillary use such as a parking lot is permitted within the Low Density Residential (LR-7) designation. 75E-18 OCTOBER 12, 2009 PAGE 1 OF 2 Conditions of Approval Conditional Use Permit No. 2009-20 is approved the reasonable satisfaction of the Planning sections of the Santa Ana Municipal Code, the Code, the California Building Standards Code, regulations. In addition, it shall meet the approval: subject to compliance, to Manager, with applicable California Administrative and all other applicable following conditions of The applicant must comply with each and every condition listed below prior to exercising the rights conferred by the conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Planning Division 1. All proposed site improvements must conform to the Site Plan Review approval of DP No. 09-32. 2. Any amendment to the conditional use permit must be submitted to the Planning Division and Police Department for review. At that time, staff will determine if administrative relief is available or if the conditional use permit must be amended. 3. Prior to the issuance of building permits, the interior residential unit 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, the walls, tiled shower enclosures and kitchen countertops of stone the 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. 4. Provide for lighting and landscape maintenance. The lighting plan and design will be reviewed by the Planning Division during the lighting plan check phase. EXHIBIT 10 75E-19 OCTOBER 12, 2009 PAGE 2 OF 2 5. A minimum six-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. 6. 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. 7. 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. 8. All street furniture surfaces, pedestrian-level walls and amenities shall incorporate graffiti resistant coatings. 9. The private courtyard shall include amenities such as informal modern outdoor furniture and seating areas, decorative pavers, landscape trees and plant material. 10. 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. 11. 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. 12. 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. 75E-20 Variance No. 2009-02 October 12, 2009 Page 1 of 2 Findincis 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 size of the subject site creates a special circumstance applicable to the property, as the applicant is unable to purchase adjacent properties to yield the required five acres for a mixed-use project in the Commercial Residential zoning district. The adjoining parcels of land are single family residences and are not for sale. Additionally, the proposed small infill mixed-use project is a unique type of product that has not been constructed in the city for several years. Although the City's established mixed use standards require a larger development site and greater lineal dimensions, recent long-range planning projects near the city's core have identified that a diverse set of housing choices attracts an increasingly varied and prosperous resident population. A range of building types such as infill mixed-use projects provides the diverse opportunity for a variety of incomes that is necessary for the city's long-term viability. B. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of a variance to reduce the minimum site standards is necessary for the preservation and enjoyment of the property right to develop the site. The variance will allow the applicant to operate a permitted use on the site and will comply with all setback, parking, landscaping and associated development standards. C. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of a variance to reduce the minimum lot size and dimension requirements will not be materially detrimental to the public welfare or potentially injurious to surrounding property. The site will meet all applicable standards related ~~~B211 Variance No. 2009-02 October 12, 2009 Page 2 of 2 to mixed-use development in addition to proposed conditions of approval intended to alleviate any perceived problems that may affect traffic circulation and the community at large. 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 as the project's land use designation of General Commercial (GC) is consistent with the proposed Commercial Residential (CR) zoning district and ancillary uses such as parking lots are permitted uses in the Light Density Residential (LR-7) land use designation. 75E-22 OCTOBER 12, 2009 PAGE 1 OF 1 Conditions for Approval Variance No. 2009-08 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 California Building Standards 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. All proposed site improvements must conform to the Site Plan Review approval of DP No. 09-32. 2. A minimum six-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. 3. 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. 4. Lockable private storage areas shall be provided above parking spaces in carport for use by residents. EXHIBIT 12 75E-23 75E-24 ORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REZONING THE PROPERTY LOCATED AT 107 NORTH HESPERIAN STREET FROM TWO-FAMILY RESIDENCE (R2) TO TWO-FAMILY RESIDENCE WITH "B" SUFFIX (R2-B) (AA NO. 2009-02) THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana does hereby find, determine and declare as follows: A. Applicant is requesting approval of Amendment Application No. 2009-02 to change the zoning designation of the parcel located at 107 North Hesperian Street Avenue from Two-Family Residence (R2) to Two-Family Residence with "B" Suffix (R2-B), which would allow use of the parcel as parking to support development on the remaining property which is part of this project. B. On October 12, 2009, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council: 1. Adopt an ordinance approving Amendment Application No. 2009-02 for the property located at located at 107 North Hesperian Street. 2. Approve a conditional use permit as conditioned (No. 2009-20) and variance as conditioned (No. 2009-08), to permit development of a new two-story mixed use office and three-unit residential building at 1331 West First Street. C. The zoning designation of Two-Family Residential, B Suffix (R2-B) will allow the parcel on Hesperian Street to be devoted to parking for the project. D. The City Council has weighed and balanced the general plan's policies and has determined that based upon this balancing that this proposed project is consistent with the purpose of the general plan. E. The City Council also adopts as findings all facts presented in the Requests for Council Action dated November 2, 2009 accompanying this matter. For these reasons, and each of them, Amendment Application No. 2009-02 is hereby found and determined to be consistent with the General Plan of the City of Santa Ana and otherwise justified by the public necessity, convenience, and general welfare. 75E-25 F. In accordance with the California Environmental Quality Act (Title 14 of the California Code of Regulations, Section 15303), the recommended action is exempt from further review. The Class 3 exemption allows for construction and location of new limited structures in urbanized areas. Categorical Exemption Environmental Review No. 2009-83 will be filed for this project. Section 2. The real property located at located at 107 North Hesperian Street Avenue is hereby rezoned from Two-Family Residence (R2) to Two-Family Residence with "B" Suffix (R2-B),. (AA No. 2009-02) Amended Sectional District Map number 11-15-10 showing the above described change in use district designation, is hereby approved and attached hereto as Exhibit "1" and incorporated by this reference as though fully set forth herein. Section 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this day of , 2009. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Benjamin Kaufman Chief Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers 75E-26 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on ,and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 75E-27 AVE. WESTMINSTER Inrl' sr.1 ~ : 111 _ J i -~ ~i~iiiiiiii ~~~ f f ~I ~• ~ ; + Q/ RZ F.,. F1 L_R._ R s R3. R'. RI P~P~ H ti FI N ~o r - R_ N P 0 F"e F1 ~ u. ` R' -. _ J _.------------._....._.__.-,. . ---_..._._-- 91 R2 ,. Fi R1 ~ Ft RI ~ R1 _ R FI ,. F1 1 R. ..I R' R1 h=1 H R2 R1 Rt IRI F' 0 R 1 R! ,v R 1 R _ ~ ft R' R2 _ ;, R1 _. R2 - ...-~ -- . Q' -•- - I R1 , ' s R2 Ri 0 w, R2 nI , ~~ Ml R2 '=r I F2 p2 ' R2 R2 :; .I. ~' .... 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I.<.' !i. ~: i '1 ]I~9' • A , • ~ • • __ PREPARED [3Y TIIE PLANNING UIV151ON ~ CITY OP SAN1"A ANA, CALIFORNIA @, EXHIBIT 1 N~'/1Stl: 3; f Od 75E-28 bk:10/27/09 RESOLUTION NO. 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING GRANTING CONDITIONAL USE PERMIT NO. 2009-20 AS CONDITIONED TO PERMIT "B" SUFFIX PARKING AND VARIANCE NOS. 2009-08 AND 2009-08 AS CONDITIONED TO ALLOW A REDUCTION IN MINIMUM LOT SIZE FOR THE PROPERTY LOCATED AT 1331 WEST FIRST 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 a conditional use permit to operate a ancillary parking lot and a variance to reduce the minimum lot size for the property located at 1331 West First Street. B. Conditional Use Permit No. 2009-20 and Variance Nos. 2009-08 and ("the matter") came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on October 12, 2009. The Planning Commission recommended that Council approve these items. C. At that place and time, following the public hearing the Planning D. serve as a visual gateway to several city neighborhoods. E. Conditional Use Permit No. 2009-20 has been filed with the City of Santa Ana seeking to allow a parking lot within the Two-Family Residential, B Suffix (R2-B) zoning district. Santa Ana Municipal Code Section 41-638 authorizes the City Council to grant a conditional use permit upon making certain findings. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? The proposed parking lot for the mixed use building will provide the necessary covered and surface off-street parking spaces for the residents of the second floor units that are required per Section 41-1322 of the Resolution No. 2009- Page 1 of 8 75E-29 Santa Ana Municipal Code. The new parking lot will eliminate the need for residents to park off-site along Hesperian Street which will benefit the adjacent residential neighborhood. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? The proposed parking lot has been designed to minimize impacts to surrounding residential uses. Landscape and decorative fencing buffers have been provided adjacent to residential property. In addition, lighting has been designed not to exceed 15 feet in height and installed to shine away from residential property. Having adequate on-site parking areas will also minimize adverse impacts to persons residing or working in the vicinity. iii. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The development of the vacant site with a parking lot will enhance the economic viability of the area as this new mixed-use project will result in the development of five vacant parcels and provide the required parking for the residential component of the project. The zoning for the lot is consistent with its future use as its future use will continue to be residential in nature. It is anticipated that the use will enhance rather than adversely affect the economic development or stability of the area. The overall economic stability of the area will be strengthened with additional commercial services and available housing in the immediate area. iv. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The proposed parking lot will meet and exceed all applicable provisions of Chapter 41 of the Santa Ana Municipal Code, including landscaping and setbacks. v. Will the proposed use adversely affect the General Plan or any specific plan of the City? Resolution No. 2009- Page 2 of 8 75E-30 The proposed project will not adversely affect the general Plan as an ancillary use such as a parking lot is permitted within the Low Density Residential (LR-7) designation. F. Variance No. 2009-08 has been filed seeking a reduction in minimum lot size for projects in the CR zoning District. Santa Ana Municipal Code Section 41-638 authorizes the City Council to grant a variance upon making certain findings. 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. The size of the subject site creates a special circumstance applicable to the property, as the applicant is unable to purchase adjacent properties to yield the required five acres for amixed-use project in the Commercial Residential zoning district. The adjoining parcels of land are single family residences and are not for sale. Additionally, the proposed small infill mixed-use project is a unique type of product that has not been constructed in the city for several years. Although the City's established mixed use standards require a larger development site and greater lineal dimensions, recent long-range planning projects near the city's core have identified that a diverse set of housing choices attracts an increasingly varied and prosperous resident population. A range of building types such as infill mixed-use projects provides the diverse opportunity for a variety of incomes that is necessary for the city's long-term viability. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of a variance to reduce the minimum site standards is necessary for the preservation and enjoyment of the property right to develop the site. The variance will allow the applicant to operate a permitted use on the site and will comply with all setback, Resolution No. 2009- Page 3 of 8 75E-31 parking, landscaping and associated development standards. iii. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of a variance to reduce the minimum lot size and dimension requirements will not be materially detrimental to the public welfare or potentially injurious to surrounding property. The site will meet all applicable standards related to mixed-use development in addition to proposed conditions of approval intended to alleviate any perceived problems that may affect traffic circulation and the community at large. iv. That the granting of a variance will not adversely affect the General Plan of the City. The change in use to mixed-use development in addition to proposed conditions of approval are intended to alleviate any perceived problems that may affect traffic circulation and the community at large. G. In accordance with the California Environmental Quality Act (Title 14 of the California Code of Regulations, Section 15303), the recommended action is exempt from further review. The Class 3 exemption allows for construction and location of new limited structures in urbanized areas. Categorical Exemption Environmental Review No. 2009-83 will be filed for this project. Section 2. The City Council, after conducting the public hearing and being duly informed, hereby approves for the property located at 1331 West First Street 1. Conditional Use Permit No. 2009-20, as conditioned in Exhibit "A" attached hereto and incorporated herein, to permit the subject property to operate as ancillary support parking. 2. Variance No. 2009-08, as conditioned in Exhibit "B" attached hereto and incorporated herein, to reduce the minimum lot size for the project. These decisions are based upon the evidence submitted at the above said hearing, which includes but is not limited to: the Request for Council Action dated November 2, 2009 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Resolution No. 2009- Page 4 of 8 75E-32 Section 3. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of 2009. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Benjamin Kaufman Chief Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2009-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. 2009- Page 5 of 8 75E-33 Conditions for Approval for Conditional Use Permit No. 2009-20 Conditional Use Permit No. 2009-20 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 California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below rip or to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Planning Division 1. All proposed site improvements must conform to the Site Plan Review approval of DP No. 09-32. 2. Any amendment to the conditional use permit must be submitted to the Planning Division and Police Department for review. At that time, staff will determine if administrative relief is available or if the conditional use permit must be amended. 3. Prior to the issuance of building permits, the interior residential unit 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, the walls, tiled shower enclosures and kitchen countertops of stone the 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. 4. Provide for lighting and landscape maintenance. The lighting plan and design will be reviewed by the Planning Division during the lighting plan check phase. 5. A minimum six-foot high wall shall be constructed around the perimeter of the site and consist of a decorative block such as splittace 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. EXHIBIT A Resolution No. 2009- Page 6 of 8 75E-34 6. 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. 7. 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. 8. All street furniture surfaces, pedestrian-level walls and amenities shall incorporate graffiti resistant coatings. 9. The private courtyard shall include amenities such as informal modern outdoor furniture and seating areas, decorative pavers, landscape trees and plant material. 10. 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 asmooth- troweled finish. 11. 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. 12. 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. Resolution No. 2009- Page 7 of 8 75E-35 Conditions for Approval for Variance No. 2009-08 Variance No. 2009-08 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 California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below rip or 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. All proposed site improvements must conform to the Site Plan Review approval of DP No. 09-32. 2. A minimum six-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. 3. 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. 4. Lockable private storage areas shall be provided above parking spaces in carport for use by residents. EXHIBIT B Resolution No. 2009- Page 8 of 8 75E-36