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Home My WebLink About2010-22C] RESOLUTION NO. 2010-22 ROH - 12/13/10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING DENSITY BONUS APPLICATION NO. 2010-03 TO ALLOW A FIVE-UNIT RESIDENTIAL DEVELOPMENT AND APPROVING SITE PLAN REVIEW NO. 2010-02 AT 217 AND 219 SOUTH BIRCH STREET BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of Density Bonus Application 2010-03 approving three (3) deviations from the Specific Development No. 40 (SD- 40) zoning district development standards pursuant to Government Code Sections 65915, et seq. • B. Applicant also is requesting approval of Site Plan Review No. 2010-02 for the construction of two two-story buildings to create five apartments. C. The Planning Commission of the City of Santa Ana held a duly noticed public hearing on December 13, 2010. Section 2. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as to Density Bonus Application 2010-03 as follows: A. The proposed development will materially assist in accomplishing the goal of providing affordable housing opportunities in economically balanced communities throughout the city. The proposed five-unit residential development will materially assist in accomplishing the goal of providing affordable housing opportunities in an economically balanced community. The applicant will construct, rent and maintain five units, representing 100 percent of the proposed development, to Very Low Income Households, thus increasing the total supply of affordable units available for that level of affordability. B. The development will not be inconsistent with the purpose of the underlying zone or applicable designation in the general plan land use element. • Resolution No. 2010-22 Page 1 of 5 As proposed, the project will be consistent with the purpose of the • SD-40 zoning district. With the approval of the three deviations requested by the applicant, the project will comply with all applicable development standards established in the SD-40 zoning district and the guidelines within Citywide design standards. Additionally, the project will be consistent with purpose of the General Plan Land Use Element and Housing Element, as it will further the goals and policies of the plan and not obstruct their attainment. Specifically, it will further the Land Use Element Goal 3, preserve and improve the character and integrity of existing neighborhood; Policy 3.1, support development which provides a positive contribution to neighborhood character and identity; Policy 3.5, encourage new development and/or additions to existing development that is compatible in scale, and consistent with the architectural style and character of the neighborhood and Policy 5.5, encourage development which is compatible with, and supportive of surrounding land uses. Additionally, it will further the Housing Element, Goal 2, provide a diversity of quality housing, affordability levels, and living experiences that accommodate Santa Ana's residents and workforce of all household types, income levels, and age groups to foster an inclusive community; Policy HE- 2.3, Rental Housing. Encourage the construction of rental housing for Santa Ana's residents and workforce, including a commitment to • very low, low, and moderate income residents and moderate income Santa Ana workers; and Policy HE-2.8, Agency-Owned Sites. Maximize affordable housing on Agency-owned properties that is of high quality, sustainable, and available to various income levels. C. The deviation is necessary to make it economically feasible for the applicant to utilize a density bonus authorized for the development pursuant to section 41-1604 The deviations of the development standards requested are necessary to make the project economically feasible. The requested deviations are: (i) reduction of minimum lot size for five (5) units from 18,000 square feet to 13,922 square feet, (ii) reduction of the average setback requirement from 27 feet to 21 feet, and (iii) a reduction of the side yard requirements to 5 feet 2 inches and a reduction of the average setback on the street side to 7 feet 11 inches. Section 3. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as to Site Plan Review No. 2010-02 as follows: • Resolution No. 2010-22 Page 2 of 5 • A. Section 41-593.5(c) of the Santa Ana Municipal Code requires a review by the Planning Commission of all plans within a specific development plan area to ensure the project is in conformity with the Specific Plan. B. With the approval of the three deviations requested by the applicant, the project is in compliance with all applicable development standards outlined within the Heninger Park Specific Development No. 40 (SD-40). Section 4. In accordance with the California Environmental Quality Act, the proposed project is categorically exempt from CEQA review per Section 15303, class 3 and Section 15332, Class 32. The Class 3 exemption allows new construction multi-family residential structures in urbanized areas designed for not more than six dwelling units. The Class 32 exemption allows for construction of in-fill development projects of less than five acres in urbanized areas. A Notice of Exemption for Environmental Review No. 2010- 102 will be filed for this project. Section 5. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Density Bonus Application No. 2010-03 and approves Site Plan Review No. 2010-02 as conditioned in Exhibit "A" attached hereto and incorporated herein. This decision is based upon the evidence submitted at the abovesaid hearing, which includes but is not limited to: the Request for Planning Commission Action dated December 13, 2010 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. • ADOPTED this 13th day of December, 2010 by the following vote: AYES: Commissioners: Alderete, Betancourt, Gartner, Yrarrazaval (4) NOES: Commissioners: Acosta, Walters (2) ABSENT: Commissioners: Turner (1) ABSTENTIONS: Commissioners: None (0; • Resolution No. 2010-22 Page 3 of 5 APPROVED AS TO FORM: • Joseph V~~Fletcher, City Attorney By:_ Ryan City CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Secretary of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2010-22 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on December 13, 2010. Date: ~ ~~-~~ ~ r i Secreta ~ of the Plann mmission City of Santa Ana • • Resolution No. 2010-22 Page 4 of 5 • Conditions of Approval for Site Plan Review No. 2010-02 Site Plan Review No. 2010-02 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 with each and every condition listed below rip or to exercising the rights conferred by the Site Plan Review. The applicant must remain in compliance with all conditions listed below throughout the life of the Site Plan Review. Failure to comply with each and every condition may result in the revocation of the Site Plan Review. A. Planning Division All proposed site improvements must conform to the Site Plan Review approval of DP No. 2010-28 and the attached exhibits. 2. Any amendment to this Site Plan Review must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the Site Plan Review must be • amended. 3. A Voluntary Lot Merger application shall be approved and recorded prior to issuance of the building permits. • Resolution No. 2010-22 Page 5 of 5