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HomeMy WebLinkAbout2009-058 - Reduction in Minimum Lot Size for the Property Located at 1331 West First Streetbk:10/27/09 RESOLUTION NO. 2009-058 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING GRANTING CONDITIONAL USE PERMIT N0. 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. 1. Santa Ana Municipal Code Section 41-638 authorizes the City Council to grant a conditional use permit upon making certain findings. i. 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 Santa Ana Municipal Code. The new parking lot will Resolution No. 2009-058 Page 1 of 8 eliminate the need for residents to park off-site along Hesperian Street which will benefit the adjacent residential neighborhood. ii. 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? The proposed project will not adversely affect the general Plan as an ancillary use such as a parking lot Resolution No. 2009-058 Page 2 of 8 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. 1. Santa Ana Municipal Code Section 41-638 authorizes the City Council to grant a variance upon making certain findings. 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. 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. ii. 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. Resolution No. 2009-058 Page 3 of 8 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. 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 2nd day of November, 2009. ..r' Resolution No. 2009-058 Page 4 of 8 ~.. APPROVED AS TO FORM: Joseph W. Fletcher, City A,~1 By: Attorney AYES: Councilmembers: Alvarez Benavides Bustamante Martinez, Pulido 5armiento Tinaiero (7) NOES: Councilmembers: None 0 ABSTAIN: Councilmembers: None 0 NOT PRESENT: Councilmembers: None 0 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2009-058 to be the original resolution adopted by the City Council of the City of Santa Ana on November 2. 2009. Date: ~~~n5~~+%~~ Clerk of the Council <<< ~~~ City of Santa Ana Resolution No. 2009-058 Page 5 of 8 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 rior 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 ..r 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 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. EXHIBIT A Resolution No. 2009-058 Page 6 of 8 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. 'i-. Resolution No. 2009-058 Page 7 of 8 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 rior 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. 2009-058 Page 8 of 8