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Home My WebLink About75A - PH - ZONING 4226-4306 W FIFTH STREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 18, 2014 TITLE: PUBLIC HEARING — AMENDMENT APPLICATION NO. 2013 -04, TENTATIVE TRACT MAP NO. 2013 -05 (COUNTY MAP NO. 17546) AND SITE PLAN REVIEW NO. 2013 -04 TO CHANGE THE ZONING FROM GENERAL AGRICULTURAL (A1) TO SPECIFIC DEVELOPMENT NO. 86 TO SUBDIVIDE THREE PARCELS INTO 28 CONDOMINIUMS FOR AT 4226- 4306 WEST FIFTH STREET — URBAN LAND, LLC, APPLICANT CITY MAN ER CLERK OF COUNCIL USE ONLY: _50:• _E ❑ As Recommended ❑ As Amended ❑ Ordinance on 16' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Approve and adopt the Negative Declaration, Environmental Review No. 2013 -04. Adopt an ordinance approving Amendment Application No. 2013 -04 and Specific Development No. 86. 3. Adopt a resolution approving Tentative Tract Map No. 2013 -05 (County Map No. 17546) as conditioned. 4. Adopt a resolution approving Site Plan Review No. 2013 -04 as conditioned. PLANNING COMMISSION ACTION On February 24, 2014, the Planning Commission recommended that the City Council approve and adopt the Negative Declaration, Environmental Review No. 2013 -04; adopt an ordinance approving Amendment Application No. 2013 -04 and Specific Development No. 86; adopt a resolution approving Tentative Tract Map No. 2013 -05 (County Map No. 17546) as conditioned; and adopt a resolution approving Site Plan Review No. 2013 -04 as conditioned. by a vote of 6:0 (Gartner absent) for a new 28 single - family residential development at 4226 -4306 West Fifth Street. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A). 75A -1 AA No. 2013 -04, TTM No. 2013 -05, & SPR No. 2013 -04 March 18, 2014 Page 2 DISCUSSION The approval of this project will allow for the development of 28 new single - family detached residential units. The project applicant, City Ventures, specializes in the re -use of infill properties, such as this one, which has been blighted for many years. On September 23, 2013, the Planning Commission recommended that the City Council adopt an ordinance approving Amendment Application No. 2013 -04 and Specific Development No. 86; adopt a resolution approving Tentative Tract Map No. 2013 -05 (County Map No. 17546) as conditioned; and adopt a resolution approving Site Plan Review No. 2013 -04 as conditioned by a vote of 6:0 (Alderete absent). On November 4, 2013, the City Council adopted an ordinance approving this project on its first reading. However, prior to the second reading for the project, a concern was raised regarding potential adverse environmental effects relating to traffic, noise, air quality and water quality. Subsequently, this project was continued on December 2, 2013 by City Council in order to allow staff the ability to conduct additional analysis on the potential impacts to the environment. Based on staff's research, it was determined that a Negative Declaration (ND) would be prepared for this project. The ND has been completed and no adverse environmental impacts were identified. HOUSING OPPORTUNITY ORDINANCE This project is subject to the City's Housing Opportunity Ordinance (HOO) pursuant to SAMC 41- 1900 et seq. The HOO applies to any residential project where a zone change to allow residential uses, or approval of an overlay zone for residential uses is proposed. The ordinance requires that the project include units affordable to households qualifying under the County's income classifications for Very Low to Moderate incomes. In the case of this project, the applicant must provide 5 for -sale units (15 percent of 28 total units) meeting the affordability guidelines for Moderate income. Prior to issuance of building permits, the applicant is required to submit both an Inclusionary Housing Plan and Inclusionary Housing Agreement to be approved ministerially detailing the manner in which the program will be administered. These documents are subject to the review and approval of the City Attorney's Office, the Planning Division and the Community Development Agency. The Inclusionary Housing Agreement will also be recorded against the property. In addition, a condition of approval will be placed on the Tentative Tract Map that states the Inclusionary Housing Plan and Inclusionary Housing Agreement shall comply with the procedures for establishing eligibility and applicant priority contained within the Housing Element as it may be adopted and amended by the City Council. At a minimum these eligibility criteria shall give priority to tenants /buyers whose household income is on the lower end of the applicable income range and tenants /buyers who are residents of Santa Ana. The provisions of the Inclusionary Housing Plan must be fully implemented prior to any issuance of Certificate of Occupancy. 75A -2 AA No. 2013 -04, TTM No. 2013 -05, & SPR No. 2013 -04 March 18, 2014 Page 3 FISCAL IMPACT There is no fiscal impact associated with this action. Karen Haluza Interim Executive Director Planning and Building Agency AN:rb an \wp51 \p1ancomm\AA13 -04TM 13 -05SPR 13- 04ifthMewhope.031814.cc Exhibit: A. Planning Commission Staff Report B. Household Income Affordability Range Table 75A -3 75A -4 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE; FEBRUARY 24, 2014 TITLE: PUBLIC HEARING — FILED BY URBAN LAND, LLC FOR AMENDMENT APPLICATION NO. 2013-04, TENTATIVE TRACT MAP NO. 2013 -05 (COUNTY MAP NO. 17546) AND SITE PLAN REVIEW NO. 2013-04 TO CHANGE THE ZONING FROM GENERAL AGRICULTURAL (A1) TO SPECIFIC DEVELOMENT NO. 86 AND TO SUBDIVIDE THREE PARCELS INTO 28 CONDOMINIUMS AT 4226 -4306 WEST FIFTH STREET Prepared by Ann Hsin -An Ni Interim Executive Direct,ry RECOMMENDED ACTION Recommend that the City Council: PLANNING COMMISSION SECRETARY APPROVED • As Recommended • As Amended • Set Public Hearing For DENIED ❑ Applicant's Request ❑ Staff Recommendation CONTINUED TO Acting PrIanning,manager Approve and adopt the Negative Declaration, Environmental Review No. 2013 -04. 2. Adopt an ordinance approving Amendment Application No. 2013 -04 and Specific Development No. 86. 3. Adopt a resolution approving Tentative Tract Map No. 2013 -05 (County Map No. 17546) as conditioned. Adopt a resolution approving Site Plan Review No. 2013 -04 as conditioned. Request of Applicant Kim Prijatel of Urban Land, LLC is requesting approval of an amendment application to change the zoning designation of three parcels of land from General Agricultural (Al) to Specific Development No. 86 (SD86), a tentative tract map to allow an air -right subdivision of the site for 28 detached homes, and an approval of the site plan pursuant to the requirement of the SD and for the property located at 4226 through 4306 West Fifth Street. Project Location and Site Description The subject property is approximately 2.66 acres in area and is flat, rectangular in shape, and is occupied by a drive -in dairy and three single family residential structures. The property is located on the south side of Fifth Street between Harbor Boulevard and Newhope Street. EXHIBIT A 75A -5 Amendment Application No. 2013 -04 Tentative Tract Map No. 2013 -05 Site Plan Review No, 2013 -04 February 24, 2014 Page 2 The site is surrounded by a mixture of single - family and multi - family residential to the north, multi- family residential to the east and west, and a mobile home park to the south (Exhibits 1, 2 and 3). Protect Description The proposed project involves the construction of 28 new detached homes and the subdivision of three lots into 28 air -right condominiums. Each residence will be a two -story structure and will contain between 1,510 square feet and 2,115 square feet of living area. A minimum of three bedrooms and a maximum of five bedrooms will be provided. A two -car attached garage will be provided for Plan 1 and Plan 2, and a two -car garage with two tandem spaces in the driveway will be provided for Plan 3. The 11 -units facing Fifth Street will take vehicular access from a rear alley. Additionally, the nine - units located in the middle section of the project will also take access from this alley. The remaining eight -units of the project will have a traditional design and will take access from a private street (Exhibits 4 and 5). Table 1 Fifth and Newhope Pro ect Summa Plan Type Units Proposed Percent of Project Square Footage Plan 1 - 3 bedrooms 10 36% 1,510 Plan 2 - 4 bedrooms 10 36% 1,823 Plan 3 - 4 bedrooms -plus den/opt bdrm 5 8 28% 2,115 Total 28 100% n/a The development will include three primary architectural plans, each with four different architectural vocabularies. In order to reflect the variety of architectural styles present in the City, the applicant proposes varied architectural styles to mimic the existing streetscape found within the City. The architectural styles proposed for this project includes Spanish, Colonial, Cottage and Contemporary. The residences will incorporate enhanced architectural elements on all four sides of the structures. The exterior materials proposed for each architectural style are unique and authentic, including tile roofs, stucco, precast concrete stone and brick veneer, and decorative window surrounds. For example, arched doorways, window trims, shutters and a covered entry porch are features used on the elevations to characterize the Spanish architectural style (Exhibit 6). A lush and decorative landscape palette is proposed for this project. A variety of 24 -inch and 36- inch box trees, including Fruitless Olive, Fern Pine and California Pepper Trees will be provided along the Fifth Street frontage and at the vehicular entry to the project. A combination of trees, 75A -6 Amendment Application No. 2013 -04 Tentative Tract Map No. 2013 -05 Site Plan Review No, 2013 -04 February 24, 2014 Page 3 shrubs and sod with an automatic sprinkler system will be installed within the front, side and rear yard setback area as well as the common areas. The tree species selected within the project provide a colorful palette which includes Ornamental Pear, Little Gem Southern Magnolia and Crepe Myrtle Trees (Exhibit 7). A 4,800 square foot pocket park will be provided for the project. This park will be located directly south of the gated entrance to the development. The park will provide common open space for the development and will incorporate elements such as a central lawn, seating areas and decorative paving. Access to the proposed project will be provided from Fifth Street. A decorative and gated entrance Is proposed for the residents and visitors for this development, with decorative paving, a wrought iron gate, a landscaped median and ornamental landscaping to be provided. The width and turning radius of the internal streets and alleyways are adequate to accommodate Orange County Fire Authority emergency vehicles as well as Waste Management waste collection service trucks. Perimeter block walls are proposed for the project. An eight -foot high decorative block wall with pilasters, including a one to three -foot high retaining wall, will be constructed along the east, west and south property lines. A five and one -half foot high wood fence is proposed for the interior side yards between homes. Housing Opportunity Ordinance The proposed project is subject to the Housing Opportunity Ordinance adopted in November 28, 2011. The developer is required to provide a minimum of 15 percent of the total number of units, equivalent to five units in the project to be sold to moderate or lower- income households. An Inclusionary Housing Agreement will be recorded against the property, approved by the Executive Director of Community Development and the City Attorney prior to the issuance of a building permit. Project Backciround This site was originally developed as an agricultural use known as the Cal -Va Dairy, which consisted of a dairy, processing plant and milk cows in 1960. In 1963, a drive -in dairy store was approved through Variance No. 1846 to complement the dairy operation. Cal -Va Dairy was owned and operated by a family who came to California from Virginia. The retail drive -in dairy was in operation until approximately 2010 when it was converted to a mini market. The mini market, as well as the three houses that comprise this property, were vacated in August 2013. The buildings on the site are currently boarded up. 75A -7 Amendment Application No. 2013 -04 Tentative Tract Map No, 2013 -05 Site Plan Review No. 2013 -04 February 24, 2014 Page 4 On September 23, 2013, the Planning Commission recommended that the City Council adopt an ordinance approving Amendment Application No. 2013 -04 and Specific Development No. 86; adopt a resolution approving Tentative Tract Map No. 2013 -05 (County Map No. 17546) as conditioned; and adopt a resolution approving Site Plan Review No. 2013 -04 as conditioned by a vote of 6:0 (Aiderete absent). On November 4, 2013, the City Council adopted an ordinance approving this project on its first reading. However, prior to the second reading for the project, a concern was raised regarding potential adverse environmental effects relating to traffic, noise, air quality and water quality. Subsequently, this project was continued on December 2, 2013 by City Council in order to allow staff the ability to conduct additional analysis on the potential impacts to the environment. Based on staff s research, it was determined that a Negative Declaration would be prepared for this project. General Plan and Zoning Consistencv The General Plan land use designation for the site is Low Medium Density Residential, which allows residential development up to 11 dwelling units per acre (LMR -11). Properties within the LMR -11 areas are typically characterized by mobile home parks, a mixture of duplexes and single family residences, or small lot subdivisions. The proposed project is consistent with the General Plan land use designation. The zoning for the site is General Agricultural (Al). The Al standards are not applicable to this project as the applicant is seeking to develop pursuant to the density allowed by the LMR -11 land use designation. In order to develop to the LMR -11 density, the applicant must receive approval of a Specific Development (SD) zoning designation. The proposed project has been designed to be consistent with the Specific Development (SD) zoning designation. Project Analvsis Amendment Application Section 41 -593 of the Santa Ana Municipal Code establishes the regulations for the creation of Specific Development (SD) zoning districts. The purpose of the specific development districts is to protect the health, safety and general welfare of the city by encouraging the use of innovative planning concepts and principles, promoting and enhancing the value of properties, and encouraging orderly development for a planned residential project. The applicant is proposing to rezone the subject site to an SD designation and construct a 28 -unit, single - family development. The current Al zoning designation allows single - family dwelling at a density of one dwelling unit per 6,000 square feet of lot area, which is equivalent to seven dwelling units per acre, while the Low Medium Density (LMR -11) land use designation allows 11 dwelling units per acre. 75A -8 Amendment Application No. 2013 -04 Tentative Tract Map No. 2013 -05 Site Plan Review No. 2013 -04 February 24, 2014 Page 5 The Al zoning designation was intended to accommodate agricultural and farming uses prevalent . in the western section of the City, including the Cal -Va Dairy and Egg Ranch in the 1960s. As the area transitioned into a residential community, the Al zoning remained in place for these parcels as well as several adjacent parcels. The zoning for other nearby parcels was changed to residential zones as properties were developed. Since the proposed project is not a traditional single - family project, but an innovative approach to providing infill housing, staff is recommending that the property be rezoned to a specific development (SD) zoning designation. The SD is a tool used to allow for unique and innovative projects that are otherwise consistent with the General Plan land use designation, such as the proposed project, but do not conform to the current zoning standards for the site. The SD will contain development standards for the project, including setbacks, landscaping and parking, while allowing development of an innovative project. Approval of the SD will be consistent with the General Plan land use designation of Low Medium Density Residential at 11 dwelling units per acre since the proposed project will be built at a gross density of 10.5 dwelling units per acre (Exhibit 8). Tentative Tract Map Tentative tract map requests are governed by Sections 34 -119 through 34 -318 of the SAMC. Tentative tract map requests may be granted when it can be shown that the following can be established. • The proposed project, as conditioned, and its design and improvements are consistent with the LMR land use designation of the General Plan and are otherwise consistent with all other elements of the General Plan and any applicable specific plans. • The proposed project, as conditioned, conforms to all applicable requirements of the zoning and subdivision codes as well as other applicable City ordinances. • The project site is physically suitable for the type and density of the proposed project. • The design and improvements of the proposed project will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. • The design or improvements of the proposed project will not cause serious public health problems. • The design or improvements of the proposed project will not conflict with easements necessary for public access through or use of the property within the proposed project. 75A -9 Amendment Application No. 2013 -04 Tentative Tract Map No. 2013 -05 Site Plan Review No. 2013 -04 February 24, 2014 Page 6 If these findings can be made, then it is appropriate to grant the tentative tract map. Conversely; the inability to make these findings would result in a denial. Using this information, staff has prepared the following analysis, which forms the basis for the recommendation contained in this report. The applicant is requesting approval of a tentative tract map to allow the subdivision of the 2.66 -acre parcel into 28 air -right condominiums (Exhibit 9). In order to subdivide the parcel, the project needs to comply with all applicable development standards for a tract map. Based on a review of the tentative map, the project has been designed to be in compliance with the applicable development standards found in Chapters 34 (Subdivision) and 41 (Zoning) of the Santa Ana Municipal Code and the provisions of the proposed Specific Development No. 86 zoning district. Additionally, the internal street and alleyways are designed to be private and will be maintained by the Homeowner Association. The width and turning radius of the internal street and alleyways are adequate to accommodate Orange County Fire Authority emergency vehicles as well as Waste Management waste collection service vehicles. The proposed subdivision, Tentative Tract Map No. 2013 -05, will be consistent with the proposed LMR land use designation and density prescribed and all other elements of the General Plan. Policy No. 1,4 promotes the maintenance and fostering of a variety of residential land uses in the City. The proposed subdivision conforms to the minimum condominium requirements, as well as meets the letter and intent of the State of California Subdivision Map Act Provisions. Tentative Tract Map No. 2013 -05 is in keeping with the site plan review for the project as well as Chapters 34 and 41 of the Santa Ana Municipal Code, Covenants, Conditions and Restrictions (CC &Rs) are required for the project, which need to be approved by the City prior to the recordation of the final map, The proposed site is physically suitable for the detached development as proposed since the property will be located within a Specific Development zoning district (SD86) and has a General Plan land use designation of Low Medium Density Residential at 11 dwelling units per acre (LMR11). The site is surrounded by a combination of single - family and multi - family residential uses and is determined to have the capability to support the type and density of the project. The project site is located in an urbanized area and was previously developed with a drive -in dairy and three single- family residential structures, and there are no known fish or wildlife populations existing on the project site. Therefore, the proposed subdivision will not cause any substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. 75A -10 Amendment Application No. 2013 -04• Tentative Tract Map No. 2013 -05 Site Plan Review No. 2013 -04 February 24, 2014 Page 7 The proposed subdivision is not anticipated to have any detrimental effects upon the general public. The design and improvements associated with this project have been prepared to comply with minimum City standards, The internal street and alleyways are designed to be private and will be maintained by the Homeowner Association. The width and turning radius of the internal street and alleyways are adequate to accommodate Orange County Fire Authority emergency vehicles as well as Waste Management waste collection services. Additionally, each residence will have sewer, water and the necessary infrastructure improvements as conditioned in Development Project Review No. 2013 -02. The design or improvements of the proposed project will not create a conflict with easements necessary for public access through or use of the property within the proposed project since there is no easement within this property. Public access will be allowed to the site through the gated entrance with homeowner or homeowner association's authorization. Site Plan Aaoroval Section 41- 593.5(c) of the Santa Ana Municipal Code requires the Planning Commission to review all plans within a Specific Development zoning district to ensure the project is in conformance with the approved SD. The review also ensures that the buildings, structures and grounds are in keeping with the neighborhood and will not be detrimental to the development of the Specific Development area. After analyzing the project, it was determined that the 28 -unit detached home project will be in compliance with all applicable development standards within the Specific Development No. 86 zoning document.. Additionally, the proposed project is in keeping with the surrounding neighborhood and will improve the quality and desirability of the housing stock in the City. Finally, the project has been determined to be in compliance with applicable parking, landscaping and architectural provisions governing the project. Public Notification The project site is located within the boundaries of the Riverview West Neighborhood Association which was notified of this project. Staff gave a presentation on the project at their neighborhood association meeting on July 16, 2013 at the Lake Park Mobile Home Park. At that meeting, the Association expressed support for the proposed project. In addition, a community meeting was held on January 28, 2013 at Hazard Elementary School in accordance with the Sunshine Ordinance (Exhibit 10). The pro1ect site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. 75A -11 Amendment Application No. 2013 -04 Tentative Tract Map No. 2013 -05 Site Plan Review No, 2013 -04 February 24, 2014 Page 8 CEQA Compliance As part of the City's permitting process, the proposed project is required to undergo an environmental review in accordance with the California Environmental Quality Act (CEQA). In accordance with CEQA, the recommended actions have been reviewed through a Negative Declaration (ND), Environmental Review No. 2013 -04. Section 15063 of the State CEQA Guidelines and Sections 15070 through 15075 of Article 6 guide the process for the preparation of a negative declaration (Exhibit 11). This ND, as required by CEQA, contains 1) a project description; 2) a description of the environmental setting, potential environmental impacts, and consistency with plans and policies; and 3) names of preparers. The scope of the ND evaluates the proposed project's effects on the following resource topics: • aesthetics, • agriculture and forestry resources, • air quality, • biological resources, • cultural resources, • geology /soils, • greenhouse gas emissions, • hazards & hazardous materials, • hydrology /water quality, • land use /planning, • mineral resources, • noise, • population /housing, • public services, • recreation, • transportation /traffic, and • utilities /service systems. 75A -12 Amendment Application No. 2013 -04 Tentative Tract Map No. 2013 -05 Site Plan Review No. 2013 -04 February 24, 2014 Page 9 The City prepared a draft ND and posted the Notice of Intent (NOI) to adopt an ND at the Orange County Clerk's office; the NOI was published in the Orange County Register on February 3, 2014. The City circulated the draft ND for a 20 -day public review between February 3 and February 24, 2014. The draft ND was available for public review at the Santa Ana City Hall, the City of Santa Ana Main Library, and on the City's website. As a result of the environmental analysis, no potential environmental impacts were identified for this project. All of the resource topics identified in the negative declaration were found to result in either no impact or would result in a less than significant impact. Therefore, no mitigation measures are required. This IS /ND is intended to provide a forum to air and address comments pertaining to the analysis contained in the draft IS /ND and to provide an opportunity for clarification, corrections, or minor revisions to the draft IS /ND as needed. Pursuant to Section 15088 of the State CEQA Guidelines, the City, as the lead agency for the project, will review all comments received on the draft IS /ND. As of the date of printing of the staff report, no comments were received. Conclusion The proposed project will enhance the quality of the housing stock through the development of a well- designed detached residential project and will provide a positive reinforcement of the City's image within the area. This project will also provide a direct benefit to the community by removing the existing visual blight and provide additional housing opportunities in the City. The proposed project will achieve multiple goals and policies of the City's General Plan by developing a detached residential project that provides a variety of residential land uses in the city. Based on the analysis provided within this report, staff recommends that the Planning Commission recommend that the City Council approve Amendment Application No. 2013 -04, Tentative Tract Map No. 2013 -05 as conditioned and Site Plan Review No. 2013 -04 as conditioned. Ann Ni Associate Planner ANjm anlwp511plancommM 13 -04TM 13- 05SPR13- 04FIfth &Newhope.022414.pc 75A -13 Amendment Application No. 2013 -04 Tentative Tract Map No. 2013 -05 Site Plan Review No. 2013 -04 February 24, 2014 Page 10 Attachments: Exhibit 1 — Vicinity Map Exhibit 2 — Land Use Map Exhibit 3 —Site Photo Exhibit 4 — Site Plan Exhibit 5 — Floor Plans Exhibit 6 — Elevations Exhibit 7 — Landscaping Plans Exhibit 8 — Specific Development Zoning Document Exhibit 9 — Tentative Tract Map Exhibit 10 — Community Meeting Minutes Exhibit 11 -- Negative Declaration 75A -14 WESTMINSTER. (SEVENTEENTH ST.) AVE, ,,,�� 82 1 sP -z n g RI III RRI NII __.___ _ 1 SP -2 s siwx� RI Rlrsw p R Rl msMnrm " s R ? Al ,. It . ,�xi II ii Ai NI ^ RI ' .wwnacsmc P1 RI r •Bt .. PI ` SP-2 q/ • 111 z Ri 2 p OR NrA PI Y RI sr R R1 I s ft1 pl Rt RI RI 5 Rl g RI [ RI Bl P1 �nl q R ._ HAZARD AV. li P2 ry =` Ilt � i x Iuilxzrnp 2�i M O i II I 111 1- t—,I ft7 n4 h R3 I�SD ^t 1N RI q RI RI o z d R7 Sp- R2. "z. 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A G E N G Y EXHIBIT 1 VICINITY MAP 75A -15 AA 2013 -04 /TM 2013 -5 _ FIFTH & NEWHOPE DETACHED HOMES ��II 4226 -4306 WEST FIFTH STREET A,`' P L A N N I N G A N D 8 U I L-0 1 N G A -GE N C Y LAND USE MAP EXHIBIT 2 75A -16 (¢tf FA t� g i> dtf t �Zr (t _ ipf MIL r� i r t i t 3 t J 4t` €1 ' ID fi EXHIBIT 4 75AA18 z�al` a � .y i I : R4�1� 0 raj o� T V C O a N N :G O 7 w w U) N S r N w N W 0 z Q W R Q S i w z N Q � � o � Q d`v Z a> Q �> N �U rz- c e ? xO�zC 9 � � ^_ •- .v° °— mr° 2 i o u z ;��fl� § �1 a a pq4 ° o � g � � a�ebi U i d E p x D A O D GG em SegvM AA a0U �- �tur5: D�40m Qi °p0 II ¢ w uWmc9Zn t/l I I Q —_ w 0. yDD ri_5 n 4 ce i V) 9i U 75A' u w iw Q ? C� yo u J � c j a w x 0o sel bD EXHIBIT 5 Page 1 of 3 75A -20 i� i� C 0 Oc 7 Vim¢ �u a�U m F � b F Y= 3„ r x[ T' N RLVj N C ca 0 a c o _D p d LL w w m r- fn r LO W d 2 d w 6 ya_ S W w H ZQ Z U Q a� d � � r ¢ v z 6> QW 5 L 1 -tgx=f� 1 P C^ O r`£'U �c4 {nmU id V� �I e¢ P 3 e . i� rv� 9* q u O as C p O o �- LL h W W H S r IC) r N 'yW i Q Z 6 w W O x 3 W z Y W H y Q 4 � U d g; 4� 2 O> r H �U � „ n 3 Q a a } � x z�4 0 �: �' rs r O TI .lam r � � • U _ a0 'ICI b 0 W Page 3 of 3 75A -22 W� C� ohm o< �nm�U M b �a C o a o aW H W W W H T r LO h y W Z Q W d s 3 W z en Q z `ug Zz ed Z o> V �U 0 m w 4 a is! S C f J1 f F J i N �1 i' i" 3e �e F; nR Y Zi C e 0>>� cw ao Ll H W W K F k- Ln H N W z z w a O x 3 Z en ¢ < � U d3 e� C 2 0> V5 H U -? 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VY u�i U * Imo! !�| ��J \ 9 � �I I E) {�( f | » {\ \ r !!\ ) ��® SIJR:a I§ ƒ{ / e( e7_57) \� =g \ LO ) \ } \ \) 0 E IE t 3 El 1 7SPX-i ! !# � §\ { S\ e: R \ ! )> }� !4 \) e\ \� z§ ) ( \ # !! ) }f 3 !; ga� O� $$w Rg�g �S ® � A 3 7 3 J p M F. g 1 q P W� 9S s= is 3° G C O IL N LL 0 0 y C O J U a E a� s 0 `m w W h h h N W d i Q W a a z W z a z< Q Um ds 4 ry < =c m I Im \� \{| \} ! .), �| � 333939 I S u C: '6 E (D ` � ƒ� / \� / \ � �� .. ! LO 7 SA,*34 u C: '6 E (D LO �� \ 6 < Z WW J F 3 a r r gE� gg al L Sv r✓. tii D N< A Jei 2K$ 43 �'�Xx {{ Lei s ryry m s I' EI !j 6oi. 6 E. ?SMI A. ? I :C sot O O o o o °- m 75Ae4 a - P. 7 3= i; £; ai PJ.a M1r U c O o� c c a U 4 c N L U w z t/1 x N `yW i Z a W b 3 W z w tP) a � a e c � 67 6 ?' 47 � U Specific Development District (SD -86) TABLE OF CONTENTS SECTION 1, Applicability of Ordinance SECTION 2. Purpose SECTION 3. Permitted Uses SECTION 4. Conditionally Permitted Uses SECTION 5, Development Standards 1. Building Height 2. Front Yard 3. Side Yard 4. Rear Yard 5. Parking 6, Walls and Fences SECTION 6. Development Standards for Common Areas SECTION 7. Building Separation SECTION 8. Landscape Standards 1. Front yard 2. Project perimeter walls 1 Irrigation systems 4. Screening 5. Maintenance EXHIBIT 8 75A -36 SPECIFIC DEVELOPMENT PLAN NO. 86 FIFTH AND NEWHOPE DETACHED HOMES SECTION 1 APPLICABILITY OF ORDINANCE The Specific Development Zoning District No. 86 for Fifth and Newhope Detached Homes is authorized by Chapter 41, Division 26 Section 41 -593 at seq. of the Santa Ana Municipal Code. SD No. 86 contains the specific standards and regulations contained in the R1 and /or R2 residential districts, as herein amended, for the purpose of establishing land use regulations and standards. All other applicable chapters, articles, and sections of the Santa Ana Municipal Code are in effect unless superseded by regulations contained in this ordinance. SECTION 2 PURPOSE The Specific Development Plan No. 86 for Fifth and Newhope Detached Homes consists of standards and regulations established for the purpose of protecting the health, safety, and general welfare of the people of the City of Santa Ana by promoting and enhancing the value of property and encouraging the orderly development for the planned residential development. SECTION 3 PERMITTED USES The following uses are permitted in the SD -86 district: 1. One- family dwellings. 2. One temporary real estate office devoted to the sale of real estate in the tract in which it is located. 3. Child care facilities providing care to not more than eight (8) children. SECTION 4 CONDITIONALLY PERMITTED USES The following uses are permitted upon the approval of a Conditional Use Permit in accordance with the Santa Ana Municipal Code: 1. Childcare facilities caring for more than eight (8), but no more than fourteen (14) children. 75A -37 SECTION 5 DEVELOPMENT STANDARDS 1, Building Heii ht No primary structure shall exceed 27 feet nor two stories in height, as measured from the lowest adjacent grade of the structure to the top of the structure. 2. Front Yard There shall be a front yard of not less than ten (10) feet from the street. Porches may encroach into the front yard a maximum of five (5) feet. 3. Side Yard Each side yard shall be not less than ten (10) feet. 4. Rear Yard There shall be a rear yard of not less than seven (7) feet. Such rear yard may be reduced to not less than five (5) feet for open patio covers for Unit 21 thru 28, 5. Parking The minimum off- street parking requirements for Units 1 through 20 are two parking spaces per unit within an enclosed garage. Units 21 through 28 are two parking spaces in an enclosed garage plus two tandem spaces in a driveway. In addition to the minimum requirements, a total of 15 guest parking spaces shall be provided. 6. Walls and Fences Walls and fences shall be installed pursuant to Section 41 -610 of the SAMC, except that walls and fences shall be constructed of a decorative block and /or split face block or equivalent and shall have decorative pilasters and caps. Front yard fences shall not exceed thirty (30) inches in height. Front yard fence material and design shall complement the architectural style and shall be installed by the developer and maintained by the Home Owner Association. SECTION 6 DEVELOPMENT STANDARDS FOR COMMON AREAS Homes in the SD No. 86 district shall comply with the following standards: 1. All improvements to the common open space shall be fully implemented prior to Building Division final and release of utilities for the entire development. 75A -38 2. The passive recreation area /pocket park between Unit 25 and 26 shall be a minimum of 4,876 square feet in size and shall incorporate tables, seating and a shade structure. The color and appearance of the furniture products and other elements must complement the overall architecture design and material. Benches and 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. 3. Front and street oriented side yards shall be landscaped with the exception of approved driveways and sidewalks. 4, Driveways shall lead to a garage and not exceed the width of such garage. There shall be no parking of vehicles in the front yard except in such driveways. SECTION 7 BUILDING SEPARATION 1. The building separation between structures shall be at least ten (10) feet for Units 1 through 20. 2. The building separation between structures shall be at least eight (8) feet for Units 21 through 28. SECTION 8 LANDSCAPE STANDARDS In the SD No. 86 district; all yards shall be landscaped, Each residential unit shall meet the following minimum requirements: 1. Front yard a. One 24 -inch box canopy trees per unit. b. One additional tree species for up to five dwelling units and an additional tree species for each increment of five units. c. Six five - gallon size shrubs and 10 one - gallon size herbaceous perennials /shrubs as a foundation planting. d. Turf or acceptable dry climate ground cover: i. Turf shall be drought tolerant variety and planted as sod or hydroseed. ii. Ground cover shall be well - rooted cuttings from flats and planted at appropriate spacing for that particular plant material. 4 75A -39 2. Project perimeter walls a, Flowering vines shall be provided and secured to a decorative masonry wall material. b. The vines shall be five - gallon size and be planted at a maximum 20 -foot interval. They shall be secured to the walls with eye hooks and wire. c. Espaliered shrubs, fruit trees, or other ornamental trees may be substituted for the flowering vines. 3. Irrigation systems a. A pop -up sprinkler type irrigation system shall be provided for all yards for each residential unit. b. The use of "xeriphytic" or dry climate type plant materials is encouraged. Irrigation systems may require special fittings to properly water dry climate plantings. 4. Screening a. All meters shall be appropriately screened from public view with trellis work and vines or a hedge type shrub or they shall be incorporated into the residential structure. b. Any enclosed structure for utilities must not encroach into any required setback. 5. Maintenance a, All plant material shall be maintained per Section 41 -609 of the Santa Ana Municipal Code, AWSpedflo DeVelopmentMSD No.86 5 75A -40 I } R e A I } } } y } } i s u /E� 99pp (fig � €€ yy R1R @k�.R9.aauw6xxa E$ U I P � icy ss�Ba6aC�eelseneR9<3 iiR ��!� Dj . S tl0 k 4 s It 9 qR a Jill �� R6 e 6 ggdg�p P Eb F� 5 A 'AtlS � ?A�id4 a Y ?tl A pp tl Bg ?� F� R � dk 9 F�, 9 0 8 finvi im A. i aaMMMbryrylel�! e�� -��4 1�� 1 Y.oGG r, Dj . S tl0 k 4 s It 9 qR a Jill �� R6 e 6 ggdg�p P Eb F� 5 A 'AtlS � ?A�id4 a Y ?tl A pp tl Bg ?� F� R � dk 9 F�, 9 0 8 1/28/13 Note from Community Meeting for Proposed Project on 5`h Street In Santa Ana Q: What are the prices? A: To be determined. Q: How many entrances /exits? A: One, Q: What is the setback to the south property line? A: 10 feet, Q: What are the widths of the private streets? A; 34 feet, Q: Is there visitor parking? A: Yes. 15 guest spaces on the street and 18 in driveways. Q: What is the "green area "? A: Passive open space area, Q: Will there be perimeter walls? A: Yes. Block walls and low fence. Q: Will there be low inccme units, A: 15% of the homes wil' be for moderate income buyers (5 of the 29). Q: Is this project following the "normal process "? A: Yes. The zoning needs to be updated to match the general plan. Q: Will street parking remain on 5'h Street? There is a lack of parking in the area. A: Yes. More parking will be available as there will be fewer curb cuts into the property. Q: How will the drainage work? A: Drainage plan will meet City requirements. EXHIBIT 90 75Ag415 Q: Where does the "street water" go? A: We do not have the civil plans yet. Q: Issues with street flooding when it rains. Water comes from Harbor down P to Newland. There is only one catch basin in the area. There have been broken pipes in the area. A: The project will contribute less water to th s issue because there will be less paved area. Q: Will there be fire hydrants? A: As required by the fire department. Q: What is the zoning? A: Currently agriculture. Proposal is to change to "Specific Development Q: What is the minimum lot size? A: The "Specific Development" designation does not have a minimum lot standard. The density is designated by the General Plan (Medium Density). However, the lots will range from 3,500 to 4,000 square feet. Q: Will the homes be single family? A: The homes are single family detached. However, the project is a 1 -lot subdivision with condo map. This is a typical arrangement for infill projects in Orange County. Q: Is there 5 feet of separate between buildings? A: Yes. Q: Will the materials to be used in the construction of the project be purchased from businesses in the City of Santa Ana, A: There is no requirement for that. Project will be bid out to multiple subs, Q: Is Harbor to the east of the project? A: Yes. Q: Will there be a pool? A: No. .ft =f43 Q: Will the crossing guard location change? A: The project should not change this, However, that is up to the School District, Q: Can the road handle the weight of the construction trucks? A: The City will review that issue. Q: Will the community have CC &Rs? A: Yes, Q: Concerned with landscaping issues. Want to prohibit inappropriate trees like fichus. A: We can restrict trees that are viewed as inappropriate. Please Vlow up with an email to discuss this issue further. Q: Is the guest parking parallel? A: Yes. Q: What is the number of bedrooms per home? A: 3. Q: The only hiccup in this project is parking. 9 guest spots for the 21 homes (without garages) is too thin; A: Your comment is noted. Q: I am not against your project, I think It will be a fine asset and good improvement to the community. Q: Concern with parking and how the street will be Impacted by construction, A: Your comment is notes. Q: Is the purchase of the property contingent on receiving entitlements? A: Yes, Q: How will lighting be handled? A: There will be a street lighting plan per City standards. Q: Will there be a homeowners association? A: Yes. 75'A -44 Q: Has fire approved this plan? A: Fine is reviewing the plan. Q: How will trash be handled? A: There will be individual trash cans. Need to work out who the trash hauler will be, Q: Does the entrance haven fountain? A: No. Enhanced pavers and a gate. Q: Will there be a security guard? A: No. lust a kiosk. Q: What is the timing of the construction? A: 12 to 18 months. Q: What will be the hours of construction? Can the finish time be limited in the winter? A: Whatever the City allows. 7:00 am to 7 :00 pm is typical, Q: Will the streets be cleaned during construction? A: Yes. Streets will be cleaned as required by the City, 716X245 m c m d c 7 E U m c e C A :n Q1 L .0 Ln 3 co N O N O mct +4 m c C tl/ CL 0 v y a 0 v N CL 0 L a C1 ° o o0 p u M VI c6 L E w � m y N W N N to = G 759 =4,G o -o is (� 7 S J `c' W c r ` C� C �1 l a� t c� 759 =4,G The complete Initial Study and Negative Declaration Document is available at the Planning Division public counter and on the City's webpage at http: / /www.santa- ana.org /pba /planning /5thand NewhopeDevelopment.asp EXHIBIT 11 75A -47 75A -48 W t9 Z 9 O LL O } F Z O U N Q O Z F W m O U Z_ M O N 75A -49 m F m 2 X w 0 0 0 0 0 > >> 0 0 0 0 0 0 0 0 .0..0 .0 .0 .0 .0 m m m m m I m m m a a a a a • a a a c c c c c • c c c m m m m m m m m O O o o o O O O LM O O LM LM LM 00 to CPT . NI- N d'M T O OD • MM d' Or NNM P W d) T T T r r ffl 613 EH U) Ui 613 613-61). O OOO LOM ' 0 0000 LMr 000(00"P PM • NPN i Ci TO)M M M d O r N N T P CO O) r T r r FR 11 I 1 O 0000000 LM ' 0)LO MON V I. MT0)I�M000 FR fR 613 60-61) Ui UT Ui OOOOOOO° 0 LM LM LM LM O U) 00M0 N''q LO r, • MT dr-: C6 LMO 61ae36)69- 1 1 1 1 6»6»61at» 1 I 1 0 0 0 o O O O I O . LM LM MM LM LO o LMO P LM Mr 0M11 t0 M M C6c 00 N 0) M M M m Lf)LO M LMM U3 64 to to U3 U) U} Eff 0 0 0 0 0 0 0 0 LM LM M LM 0 0 0 0 P LM M T O O P 0 M00M W NLMC M M M V V LO LM 0 0 U) 1 U} to 09 UT 69 tH ER • 00000000 1 I 1 1 1 1 1 0 LM 0 O LM LM LM LM N TO O)N MM W T O MN TM MM N N NM M M U} tR 61> ER U} U) aaaaaaaa rNMel'LA CO POD 75A -49 m F m 2 X w 75A -50 ORDINANCE NO. NS- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REZONING THE PROPERTY LOCATED AT 4226 -4306 WEST FIFTH STREET FROM GENERAL AGRICULTURAL (Al) TO SPECIFIC DEVELOPMENT NO. 86 (SD -86) (AA NO. 2013 -04) AND ADOPTING SPECIFIC DEVELOPMENT NO. 86 (SD -86) FOR SAID PROPERTY 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. Amendment Application No. 2013 -04 has been filed with the City of Santa Ana to change the zoning district designation of certain real property located at 4226 -4306 West Fifth Street from General Agricultural (Al) to Specific Development No. 86 (SD -86). The Specific Development No. 86 zoning district (SD -86) would allow a 28 -unit, single - family development built at a gross density of 10.5 dwelling units per acre. B. The Planning Commission of the City of Santa Ana held a duly noticed public hearing on September 23, 2013, on Amendment Application No. 2013 -04 and decided to recommend that the City Council adopt an ordinance approving Amendment Application No. 2013 -04, which is consistent with the General Plan. C. On November 4, 2013, the City Council approved an ordinance for this project on its first reading. However, on December 2, 2013, prior to the second reading for the project, the project was continued by the City Council in order to allow staff the ability to conduct additional analysis on the potential impacts to the environment. D. After further CEQA review, the project was returned to the Planning Commission for another duly noticed public hearing on February 24, 2014, on Amendment Application No. 2013 -04 and the Planning Commission again decided to recommend that the City Council adopt an ordinance approving Amendment Application No. 2013 -04, which is consistent with the General Plan. E. This Council, prior to taking action on this ordinance, held another duly noticed public hearing on March 18, 2014. 75A -51 F. The City Council also adopts as findings all facts presented in the Request for Council Action dated March 18, 2014 accompanying this matter. G. For these reasons, and each of them, Amendment Application No. 2013 -04 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. Section 2. In accordance with the California Environmental Quality Act, the recommended actions have been reviewed through a Negative Declaration (ND), Environmental Review No. 2013 -04. Section 15063 of the State CEQA Guidelines and Sections 15070 through 15075 of Article 6 guide the process for the preparation of a negative declaration. As a result of the environmental analysis, no potential environmental impacts were identified for this project. All of the resource topics identified in the negative declaration were found to result in either no impact or would result in a less than significant impact. Therefore, no mitigation measures are required. Pursuant to Title XIV, California Code of Regulations ( "CCR ") §735.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and Game Code §711.2 and Title XIV, CCR §735.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 3. The real property located at 4226 -4306 West Fifth Street in Santa Ana is hereby reclassified from General Agricultural (Al) to Specific Development No. 86 (SD -86). An amended Sectional District Map, showing the above described change in use district designation, is hereby approved and attached hereto as Exhibit "A" and incorporated by this reference as though fully set forth herein. Section 4. Specific Development No. 86 (SD -86), attached hereto as Exhibit "B" and incorporated by this reference as though fully set forth herein, is approved and adopted in its entirety. Section 5. 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. 75A -52 ADOPTED this _ day of , 2014. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney m Ryan O. Hodge 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 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 75A -53 75A -54 TOAT55 REVISEDSHNI 1 1 AV WESTMINSTER AV _WESTMINSTER P. ILE OEM R] J D U i m Igxsr - z RI a J N 1 m U O - R3 $ W Rl a RI _ goes - .svrtnnv- PRRAA[`RA - tF vxRins e '�� RD Rf g su AA Rf RI S �� R1 A'M w Ri R1 : r wANmGce Av. H°AMMIVce RI Z m g. :::; RI � PH _EJ m g R1 r` y R1 v R1 [xx nv Rf w SKNoraN Av R1 W v Rt 9 E O0.O IS ai 1(1~/fI S w Vn A R1 o t �Rf NAW >LL ° RI i O Cm Gy Mngrcrt g Rt sAA w R ELDA µ ) Onx= 5 5 FlE➢ Y Ri. RI U R1 Rf r FAraP nrxsr Rl RIL . f1aL uxq AV .. ruxEAV Rt R1 ... r TIMM 9 ¢ n oR1 Rt siE' ESES sr c £ Rt R1 i Rf RtR -. •. ¢ — c0¢04v E H-0 AN x p .■i R2 11111 _ moo Av Rt S R2 . o nxoxw AV § R3 11 /11 Rf ¢ y' RI li — 11111 R2 B IIIS11, ■ 6 x IE.TAvVA.,AI m151 5 LL R1 R1 ex Rt 'n x5 _+ RD RD w Rt SILVER OX a Rt Aj k �SILVER x z sluxeaa L RD Rt o a de R1 RI ETxsT 51N Sr 6Tx5T SIXSi - ■ aMST .R2 R2 R2 R1 All 'I® Al R1 N _ a1N ST RE R2I ft2 R1 R2 ' — N Al pf a At J sg05T F1' :R15 „ 4 0 S D £ xD tSr J . ' a i 1STST _ 15T ST SECTIONAL DISTRICT MAP PS -10 SCALFINFRET • if L611 ADOPTED BY THE SANTAANA CITY COUNCIL JULY 20.1959 BY ORDINANCE NS -381 66 R°NTA°F $D03 MINIMVM _.AREA AT GENERAL AGRICULTURAL CSM SOUTH MAIN STREET COMMERCIAL DISTRICT PO PUNNED DEVELOPMENT -B PARKING MODIFICATION -F FLOORAREARATIO END PLANNED RESIDENTIAL DEVELOPMENT McRI5T1EQiiJx�llaFY. Cl COMMUNITY COMMERCIAL GC GOVERNMENT CENTER RI SINGLE - FAMILY RESIDENCE osrza C1MD COMMUNITY COMMERCIAL- MUSEUM DISTRICT Ml UGHTINDUSTRIAL R2 TWO - FAMILY RESIDENCE Asnnl+�a�El °rrcamL . IIRPEW®'Rt6''AI C2 GENERAL COMMERCIAL M2 HEAVY INDUSTRIAL RS MULTIPLE- FAMILY RESIDENCE C3 CENTRAL BUSINESS NO MILITARY OPERATIONS R4 SUBURBAN APARTMENT w °neL�Ilmw- °sracr muw6wq C3-A CENTRAL BUSINESS- ARTISTS'VILLAGE O OPEN SPACE RE RESIDENTIAL ESTATE sgem G PLANNED SHOPPING CENTER -OZ OVERLAYZONE SO SPECIFIC DEVELOPMENT R. IXfRIgMIIP Tqi C5 ARTERIAL COMMERCIAL P PROFESSIONAL SP SPECIFIC PLAN Nnawa MlpPoAfdGV OR COMMERCIAL RESIDENTIAL POD PLANNED COMMUNITY DEVELOPMENT Dvceoece M5v9200/ flES.IAA.IAN%.XO. aRD.r RES.xe. AnaRTEDwre gESIA.A.IAX.%.NO. P A 5 AA.BAS AA.B55 AA.0 AAb AA.. A IW9 AA1tl A B A.1. AA 1.1 AA W.AA O0U N ORDIRESXO. N.D. NS 1. X S -IIB1 51101 N 055 XS-Ntl XS -I &i III,. X61850 H -IBBt N8tg19 X 93101 X R60011 N AD W1EO MlE 31id1 II 3185 xfIJS 10 -1581 5 -18& B. 3-1880 bide Ao3050 flE3.IAA.IAN%.X0. 5 5Y-0 SBW M08 1.H PA.III AA.1W AA.118 AA195 A A A41093 AAB03 AA.033 A Agtl ... OI IRES.NO. H0d06 N850B 5 NB�I1ID X -11A X XS -1500 XS -1515 H � ]DCVIEDDATE 5658 3180 1611.0 3881 ,"AR SECTICMAO&L DISTRICT A • PREPARED BY THE PLANNING DIVISION - CITY OF SANTA ANA, CALIFORNIA TOAT55 REVISEDSHNI 1 1 75A -56 Specific Development District (SD -86) TABLE OF CONTENTS SECTION 1. Applicability of Ordinance SECTION 2. Purpose SECTION 3. Permitted Uses SECTION 4. Conditionally Permitted Uses SECTION 5. Development Standards 1. Building Height 2. Front Yard 3. Side Yard 4. Rear Yard 5. Parking 6. Walls and Fences SECTION 6. Development Standards for Common Areas SECTION 7. Building Separation SECTION 8. Landscape Standards 1. Front yard 2. Project perimeter walls 3. Irrigation systems 4. Screening 5. Maintenance Exhibit "B" 75A -57 SPECIFIC DEVELOPMENT PLAN NO. 86 FIFTH AND NEWHOPE DETACHED HOMES SECTION 1 APPLICABILITY OF ORDINANCE The Specific Development Zoning District No. 86 for Fifth and Newhope Detached Homes is authorized by Chapter 41, Division 26 Section 41 -593 et seq. of the Santa Ana Municipal Code. SD No. 86 contains the specific standards and regulations contained in the R1 and /or R2 residential districts, as herein amended, for the purpose of establishing land use regulations and standards. All other applicable chapters, articles, and sections of the Santa Ana Municipal Code are in effect unless superseded by regulations contained in this ordinance. SECTION 2 PURPOSE The Specific Development Plan No. 86 for Fifth and Newhope Detached Homes consists of standards and regulations established for the purpose of protecting the health, safety, and general welfare of the people of the City of Santa Ana by promoting and enhancing the value of property and encouraging the orderly development for the planned residential development. SECTION 3 PERMITTED USES The following uses are permitted in the SD -86 district: 1. One - family dwellings. 2. One temporary real estate office devoted to the sale of real estate in the tract in which it is located. 3. Child care facilities providing care to not more than eight (8) children. SECTION 4 CONDITIONALLY PERMITTED USES The following uses are permitted upon the approval of a Conditional Use Permit in accordance with the Santa Ana Municipal Code: 1. Childcare facilities caring for more than eight (8), but no more than fourteen (14) children. 2 75A -58 SECTION 5 DEVELOPMENT STANDARDS 1. Building Height No primary structure shall exceed 27 feet nor two stories in height, as measured from the lowest adjacent grade of the structure to the top of the structure. 2. Front Yard There shall be a front yard of not less than ten (10) feet from the street. Porches may encroach into the front yard a maximum of five (5) feet. 3. Side Yard Each side yard shall be not less than ten (10) feet. 4. Rear Yard There shall be a rear yard of not less than seven (7) feet. Such rear yard may be reduced to not less than five (5) feet for open patio covers for Unit 21 thru 28. 5. Parking The minimum off - street parking requirements for Units 1 through 20 are two parking spaces per unit within an enclosed garage. Units 21 through 28 are two parking spaces in an enclosed garage plus two tandem spaces in a driveway. In addition to the minimum requirements, a total of 15 guest parking spaces shall be provided. 6. Walls and Fences Walls and fences shall be installed pursuant to Section 41 -610 of the SAMC, except that walls and fences shall be constructed of a decorative block and /or split face block or equivalent and shall have decorative pilasters and caps. Front yard fences shall not exceed thirty (30) inches in height. Front yard fence material and design shall complement the architectural style and shall be installed by the developer and maintained by the Home Owner Association. SECTION 6 DEVELOPMENT STANDARDS FOR COMMON AREAS Homes in the SD No. 86 district shall comply with the following standards: 1. All improvements to the common open space shall be fully implemented prior to Building Division final and release of utilities for the entire development. 75A -59 2. The passive recreation area /pocket park between Unit 25 and 26 shall be a minimum of 4,876 square feet in size and shall incorporate tables, seating and a shade structure. The color and appearance of the furniture products and other elements must complement the overall architecture design and material. Benches and 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. 3. Front and street oriented side yards shall be landscaped with the exception of approved driveways and sidewalks. 4. Driveways shall lead to a garage and not exceed the width of such garage. There shall be no parking of vehicles in the front yard except in such driveways. SECTION 7 BUILDING SEPARATION 1. The building separation between structures shall be at least ten (10) feet for Units 1 through 20. 2. The building separation between structures shall be at least eight (8) feet for Units 21 through 28. SECTION 8 LANDSCAPE STANDARDS In the SD No. 86 district, all yards shall be landscaped. Each residential unit shall meet the following minimum requirements: 1. Front yard a. One 24 -inch box canopy trees per unit. b. One additional tree species for up to five dwelling units and an additional tree species for each increment of five units. c. Six five - gallon size shrubs and 10 one - gallon size herbaceous perennials /shrubs as a foundation planting. d. Turf or acceptable dry climate ground cover: i. Turf shall be drought tolerant variety and planted as sod or hydroseed. ii. Ground cover shall be well- rooted cuttings from flats and planted at appropriate spacing for that particular plant material. 4 75A -60 2. Proiect perimeter walls a. Flowering vines shall be provided and secured to a decorative masonry wall material. b. The vines shall be five - gallon size and be planted at a maximum 20 -foot interval. They shall be secured to the walls with eye hooks and wire. c. Espaliered shrubs, fruit trees, or other ornamental trees may be substituted for the flowering vines. 3. Irrigation systems a. A pop -up sprinkler type irrigation system shall be provided for all yards for each residential unit. b. The use of "xeriphytic" or dry climate type plant materials is encouraged. Irrigation systems may require special fittings to properly water dry climate plantings. 4. Screeninq a. All meters shall be appropriately screened from public view with trellis work and vines or a hedge type shrub or they shall be incorporated into the residential structure. b. Any enclosed structure for utilities must not encroach into any required setback. 5. Maintenance a. All plant material shall be maintained per Section 41 -609 of the Santa Ana Municipal Code. AMSpecific DevelopmentsW No.88 5 75A -61 75A -62 ROH — 03/18/14 RESOLUTION NO. 2014- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING NEGATIVE DECLARATION, ENVIRONMENTAL REVIEW NO. 2013 -04, APPROVING TENTATIVE TRACT MAP NO. 2013 -05 (COUNTY MAP NO. 17546) AS CONDITIONED, AND APPROVING SITE PLAN REVIEW NO. 2013 -04 AS CONDITIONED FOR THE PROPERTY LOCATED AT 4226 -4306 WEST FIFTH 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. The Applicant is requesting approval of a tentative tract map and a site plan review to allow the construction of 28 detached homes at 4226 -4306 West Fifth Street. B. The Planning Commission of the City of Santa Ana held a duly noticed public hearing on September 23, 2013, and decided to recommend that the City Council approve the recommended actions for the project. On November 4, 2013, the City Council initially approved this project. However, on December 2, 2013, prior to final approval for the project, the project was continued by the City Council in order to allow staff the ability to conduct additional analysis on the potential impacts to the environment. C. After further CEQA review, the Planning Commission has, following another duly noticed public hearing on February 24, 2014, recommended the approval of the following items: 1. Adopt the Negative Declaration, Environmental Review No. 2013 -04. 2. Adopt an ordinance approving Amendment Application No. 2013 -04 and Specific Development No. 86. 3. Adopt a resolution approving Tentative Tract Map No. 2013 -05 (County Map No. 17546) as conditioned. 4. Adopt a resolution approving Site Plan Review No. 2013 -04 as conditioned. D. On March 18, 2014 the City Council of the City of Santa Ana held another duly noticed public hearing and at that time considered all testimony, written and oral. Resolution No. 2014 - 75A-63 Page 1 of 8 E. For Tentative Tract Map No. 2013 -05, the City Council of the City of Santa Ana determines that the following findings have been established: 1. The proposed project, as conditioned, and its design and improvements are consistent with the District Center designation on the General Plan and are otherwise consistent with all other elements of the General Plan. The proposed subdivision, Tentative Tract Map No. 2013 -05 (County Map No. 17546) is consistent with the land use designation and density prescribed in the General Plan and will not have an adverse effect on the surrounding uses in the area. 2. The proposed project, as conditioned, conforms to all applicable requirements of the zoning and subdivision codes as well as other applicable City ordinances. The proposed subdivision conforms to the minimum condominium requirements, as well as meets the letter and intent of the State of California Subdivision Map Act Provisions. Tentative Tract Map No. 2013 -05 is in keeping with the site plan review for the project as well as Chapters 34 and 41 of the Santa Ana Municipal Code. Covenants, Conditions and Restrictions (CC &Rs) are required for the project, which need to be approved by the City prior to the recordation of the final map. 3. The project site is physically suitable for the type and density of the proposed project. The proposed site is physically suitable for the detached development as proposed since the property will be located within a Specific Development zoning district (SD86) and has a General Plan land use designation of Low Medium Density Residential at 11 dwelling units per acre (LMR11). The site is surrounded by a combination of single - family and multi - family residential uses and is determined to have the capability to support the type and density of the project. 4. The design and improvements of the proposed project will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The project site is located in an urbanized area and was previously developed with a drive -in store and three single - family residential structures, and there are no known fish or wildlife populations existing on the project site. Therefore, the Resolution No. 2014 - 75A-64 Page 2 of 8 proposed subdivision will not cause any substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. 5. The design or improvements of the proposed project will not cause serious public health problems. The proposed subdivision is not anticipated to have any detrimental effects upon the general public. The design and improvements associated with this project have been prepared to comply with minimum City standards. The internal street and alleyways are designed to be private and will be maintained by the Homeowner Association. The width and turning radius of the internal street and alleyways are adequate to accommodate Orange County Fire Authority emergency vehicles as well as Waste Management waste collection services. Additionally, each residence will have sewer, water and the necessary infrastructure improvements as conditioned in Development Project Review No. 2013 -02. 6. The design or improvements of the proposed project will not conflict with the easements acquired by the public at large for access through or use of property within the proposed project. The design or improvements of the proposed project will not create a conflict with easements necessary for public access through or use of the property within the proposed project since there is no easement within this property. Public access will be allowed to the site through the gated entrance with homeowner or homeowner association's authorization. F. Applicant has requested approval of Site Plan Review No. 2013 -04 as conditioned. 1. Section 41- 593.5(c) of the Santa Ana Municipal Code requires the Planning Commission to review all plans within a Specific Development zoning district to ensure the project is in conformance with the approved SD. 2. Based on the following review, the project is in compliance with all applicable development standards outlined within the Specific Development No. 86 zoning document: Section 2. In accordance with the California Environmental Quality Act, the recommended actions have been reviewed through a Negative Declaration (ND), Environmental Review No. 2013 -04. Section 15063 of the State CEQA Guidelines and Sections 15070 through 15075 of Article 6 guide the process for the preparation of a negative declaration. As a result of the environmental analysis, no potential environmental Resolution No. 2014 - 75A -65 Page 3 of 8 impacts were identified for this project. All of the resource topics identified in the negative declaration were found to result in either no impact or would result in a less than significant impact. Therefore, no mitigation measures are required. Section 3. The City Council of the City of Santa Ana after conducting the public hearing hereby approves: A. Negative Declaration, Environmental Review No. 2013 -04. B. Tentative Tract Map No. 2013 -05 as conditioned in Exhibit "A" attached hereto and incorporated herein for the residential development located at 4226 -4306 West Fifth Street. C. Site Plan Review No. 2013 -04 as conditioned in Exhibit "B" attached hereto and incorporated herein. These decisions are based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Request for Council Action dated March 18, 2014, and .exhibits attached thereto; and, the public testimony, written and oral, all of which are incorporated herein by this reference. Section 4. This Resolution shall not be effective unless and until Ordinance No. NS- becomes effective. If said ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise does not go into effect for any reason, then this resolution shall be null and void and have no further force and effect. Section 5. This decision rendered by the City Council of the City of Santa Ana is final and is subject to judicial review pursuant to California Code of Civil Procedure section 1094.6. The Clerk of the Council shall give direct notice to the applicant of the Council's decision and these findings. ADOPTED this day of November, 2014. Miguel A. Pulido Mayor Resolution No. 2014 - 75A-66 Page 4 of 8 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Ryan 0. Hodge 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. 2014 -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. 2014 - 75A-67 Page 5 of 8 Conditions for Approval for Tentative Tract Map No. 2013 -05 Tentative Tract Map No. 2013 -05 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 approval. The applicant must remain in compliance with all conditions listed below throughout the life of the tentative tract map. Failure to comply with each and every condition may result in the revocation of the tentative tract map. A. Planning Division 1. An Inclusionary Housing Agreement will be recorded against the property, approved by the Executive Director of Community Development and the City Attorney prior to issuance of building permit. 2. Two copies of the recorded final tract map shall be submitted each to the Planning Division, Building Division and Public Works Agency within 10 days of recordation. 3. The tentative tract map, final map and all improvements required to be made or installed by the subdivider shall be in accordance with the requirements and design standards and specifications of the City of Santa Ana and the requirements of the State Subdivision Map Act. 4. Two copies of the recorded final map and CC &Rs shall be submitted each to the Planning Division, Fire Department, Building Division, and Public Works Agency within 10 days of recordation. 5. After project occupancy, landscaping is to be maintained in accordance with the landscape plan approved for the project. This shall include the minimum levels of plant materials shown on the landscape plan and installed at the time of occupancy. 6. A fencing plan showing the location of all project fencing and the materials to be used must be submitted to the Planning Division prior to submittal into building plan check. 7. All real estate signage must be removed from the site within one year from the date of installation. An extension of time may be granted as determined by the Planning Manager. Exhibit "A" Resolution No. 2014 - 75A -68 Page 6 of 8 March 18, 2014 PAGE 2OF2 8. The final map must be approved and recorded prior to issuance of building permits. 9. Development within the area of the map is subject to development and permit fees in effect at the time of permit issuance. 10. Development within the area of the map is subject to design and development standards in effect at the time of permit issuance. 11. The project must be in compliance with the provisions of Site Plan Review (DP No. 2013 -02). A Resolution No. 2014 - 75A -69 Page 7 of 8 Conditions of Approval for Site Plan Review No. 2013 -04 Site Plan Review No. 2013 -04 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 approval. The applicant must remain in compliance with all conditions listed below throughout the life of the site plan approval. Failure to comply with each and every condition may result in a building permit not being issued. A. Planning Division 1. All proposed site improvement must conform with Site Plan Review approval of DP No. 2013 -02. 2. Any amendment to this site plan must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the Planning Commission must amend the site plan approval. 3. A detailed fence plan for the entire project including the height, design and materials shall be submitted and approved prior to issuance of building permit. 4. A common area amenity plan including the design of the shade structure, materials and furniture shall be submitted and approved prior to issuance of building permit. 5. An Inclusionary Housing Agreement will be recorded against the property, approved by the Executive Director of Community Development and the City Attorney prior to the issuance of a building permit. Exhibit "B" Resolution No. 2014 - 75A -70 Page 8 of 8