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HomeMy WebLinkAboutRESO 2017-45_610 S Newhope StreetLS 12.11.17 RESOLUTION NO. 2017-45 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING TENTATIVE TRACT MAP NO. 2017-02 AND VARIANCE NO. 2017-08 AS CONDITIONED TO ALLOW A SUBDIVISION FOR CONDOMINIUM PURPOSES AND ALLOW THE CONSTRUCTION OF SINGLE-FAMILY STRUCTURES WITH DEVIATIONS TO FRONTAGE, SETBACKS, AND BUILDING SEPARATION STANDARDS FOR THE PROPERTY LOCATED AT 610 SOUTH NEWHOPE 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. Steven Jones, representing Rocky Ly Diamond LLC., hereinafter referred as "Applicant," is requesting approval of Tentative Tract Map No. 2017-02 and Variance No. 2017-08 to allow a subdivision for single-family structures with deviations from the frontage, setbacks, and building separation standards for the property located at 610 South Newhope Street. B. Pursuant to Santa Ana Municipal Code (SAMC) Section 34-127, the Planning Commission is authorized to review and approve tentative tract maps. C. Pursuant to SAMC Section 41-638, the Planning Commission is authorized to review and approve variances to a) reduce the minimum street frontage, b) reduce the side yard setback, c) reduce the rear yard setback d) reduce the building separation as set forth by the SAMC. D. Tentative Tract Map No. 2017-02 and Variance No. 2017-08 came before the Planning Commission of the City of Santa Ana on December 11, 2017, for a duly noticed public hearing. E. The Planning Commission of the City of Santa Ana determines that following findings, which must be established in order to grant Variance No. 2017-08, have been established as required by SAMC Section 41- 638: 1. 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 Resolution No. 2017-45 Page 1 of 9 EXHIBIT 1 to deprive the subject property of privileges not otherwise at k variance with the intent and purpose of the provisions of this Chapter. The project site has a special circumstance related to its size and shape that warrants a variance. The proposed project will be located on a site with unusual width and depth lengths. With a depth of approximately 570 feet, the property creates difficulty in designing a functional layout of the structures without encroaching into the setback requirements and meeting the back-up distances, landscaping requirements, and drive aisle widths for on-site services. The "zero' lot setback that is proposed for the project will only be used for the rear garage wall. Without this reduction the width of the property at 66 feet wide will not allow for a proper back-up distance required by code. The setback for the remaining portion of the home will meet the side yard setback distance of five feet. The separation distance of seven -and -half feet will allow the structures to create a suitable distance between each home and also allow sufficient space for a hammerhead turnaround on the property. Although the separation distance is less than required by code, the design of the buildings and articulation of the walls have provided more than sufficient private open space for each of the homes. The minimum required by code is 100 square feet, with the homes providing an average of 431 square feet private open space. The rear yard setback requirement is 15 feet; however the proposed setback for Unit 9 is only 10 feet for the garage wall. The applicant was able to provide 16 feet for the rest of the home and increased to private open space to 802 square feet to make up for the absent five foot distance. 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of these variances is necessary for the preservation and enjoyment of substantial property rights. The granting of the multiple variances will preserve the property owner's ability to develop a vacant lot with a use that is allowed in the (R-2) Two -Family Residence zoning district and will provide new housing opportunities to people wishing to move into the City. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. l Resolution No. 2017-45 Page 2 of 9 The granting of the variances will not be detrimental to the public or surrounding properties. As demonstrated in the site plan for the project, the site will have sufficient parking, open space, landscaping, and use of alternative materials to assure that the development of the site will provide an enhance living condition to its residents. Therefore, the reduction in lot frontage, setbacks, and building separation will not be detrimental to the surrounding community as it will not result in impacts affecting adjacent residential and commercial properties to the north and south of the site. Further, the granting of the variance will allow the development of a vacant site and allow full use of the property. Finally, conditions have been placed to ensure that the site is in compliance with all other development standards and maintenance standards applicable to the property. 4. That the granting of a variance will not adversely affect the General Plan of the city. The project will not adversely affect the General Plan, but rather supports its goals. Goal 1 and 2 of the Land Use Element encourages uses that promote a balance of land uses that address basic community needs. The project complies with the majority of the (R-2) Two -Family Residence zoning district and addresses basic community needs such as additional housing opportunities which enhance the City's economic and fiscal viability. In addition, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. The project will be located on a site surrounded by residential uses and will be compatible with the surrounding single family structures. Lastly, conditions of approval will also ensure that the project remains compatible with surrounding land uses and guarantees that on-site maintenance of the property will continue to occur. F. The Planning Commission of the City of Santa Ana determines that following findings, which must be established in order to grant Tentative Tract Map No. 2017-02, have been established as required by SAMC Section 34-127 and the California Subdivision Map Act: 1. The proposed project and its design and improvements are consistent with the Low -Medium Residential (LMR) designation of the General Plan and are otherwise consistent with all other Elements of the General Plan. Resolution No. 2017-45 Page 3of9 The proposed project and its design and improvements will a be consistent with the Low -Medium Residential (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 subdivision of land will create nine individual parcels with condominium rights and will be consistent with the various provisions of the General Plan. 2. The proposed project conforms to all applicable requirements of the zoning and subdivision codes as well as other applicable City ordinances. The proposed project will conform to most of the requirements of the zoning ordinance, except for those items that require a variance. All subdivision codes will be met as well as other applicable City ordinances. The proposed project conforms to the (R2) Two -Family Residential provisions of the zoning code that pertain to lot size, parking, landscaping, and floor area ratio; by doing so, the parcel and the construction within the parcel guarantee conformance to all R2 standards of the SAMC. 3. The project site is physically suitable for the type and density of the proposed project. The project site is physically suitable for the type and density of the proposed project. The current general plan land use density would allow for 10.41 density units per acre, with the proposed project only developing nine units. The proposed site consists of approximately 0.86 acres of land and is physically suitable for the proposed development, where access to the site will be from Newhope Street. 4. 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 and improvements of the proposed project will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. Since the project is located in an urbanized area, 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. Resolution No. 2017-45 Page 4 of 9 5. 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 cause serious health problems, with the proposed subdivision not having any detrimental effects upon the general public. The property will include necessary utilities and infrastructure improvements as required under Development Project Review No. 2017-05. 6. 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. The design or improvements of the proposed project will not conflict with easements necessary for public access or use of the property within the proposed project since there are no existing and recorded easements for the property. The conceptual design of all construction for the property will not affect the proposed access easement. The Applicant will be recording an easement necessary to ensure reciprocal rights between properties, including but not limited to access, egress, common areas, and drainage. Section 2. In accordance with the California Environmental Quality Act (CEQA), the recommendation is exempt from further review pursuant to Section 15332 (Class 32 "In -Fill Development Projects"). Class 32 exemption applies to projects characterized as infill development meeting the following conditions: 1. The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulation; 2. The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses; 3. The project site has no value as habitat for endangered, rare or threatened species; 4. Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and 5. The site can be adequately served by all required utilities and public services. The project is consistent with the City's General Plan and the R-2 development standards. The project meets several General Plan goals and policies, including the Land Use Element's Goal 1 (to promote a balance of land uses to address basic community needs), Goal 2 (to promote land uses which enhance the City's economic and fiscal viability), and Goal 3 (to preserve and improve the character and integrity of neighborhoods). Further, the proposed project will take place within city limits and is on a project site that is less than five acres in size and is surrounded by urban areas. The project site has no value as habitat for endangered, rare, or threatened species and is not identified in the General Plan as having such value. Approval of the project will not Resolution No. 2017-45 Page 5 of 9 result in any significant effects relating to traffic, noise, air quality, or water quality. The v City's Planning Division and Public Works Agency have reviewed the proposed project and have determine that the amount of traffic, noise, air quality impacts, and water quality impacts are below thresholds that would warrant further analyses. Finally, the site will be served by all required utilities and public services as it is located within a heavily -urbanized area near the intersection of Newhope Street and McFadden Avenue. Based on this analysis, a Notice of Exemption for Environmental Review No. 2017-12 will be filled for this project. Section 3. The Applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the project, including without limitation, any environmental review or approval, except to the extent caused by the sole negligence of the City of Santa Ana. Section 4. The Planning Commission of the City of Santa Ana, after conducting the public hearing, hereby approves Tentative Tract Map No. 2017-02 and Variance No. 2017- 08 as conditioned in "Exhibit A" attached hereto and incorporated as though fully set forth herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated December 11, 2017, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 11th day of December 2017 by the following vote: AYES: Commissioners: BACERRA, CONTRERAS-LEO, MCLOUGHLIN, MENDOZA, NGUYEN, VERINO (6) NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: ALDERETE (1) t l Resolution No. 2017-45 Page 6 of 9 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:C� Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2017-45 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on December 11, 2017. Date: q-1 1I I:�'- 1L Recording Secretary City of Santa Ana Resolution No. 2017-45 Page 7 of 9 EXHIBIT A Conditions for Approval for Tentative Tract Map No. 2017-02 4 Tentative Tract Map No. 2017-02 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. In addition, they shall meet the following conditions of approval: The Applicant must comply with each and every condition listed belowrip or to exercising the rights conferred by this tentative tract map. The Applicant must remain in compliance with all conditions listed below throughout the life of the development project. Failure to comply with each and every condition may result in the revocation of the tentative tract map. A. Planning Division 1. All proposed site improvements must conform to the Site Plan Review approval of DP No. 2017-05. 2. Any amendment to this Tentative Tract Map, including modifications to approved materials, finishes, architecture, site plan, landscaping, parking, and square footages, must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or if the site plan review must be amended. 3. Prior to submittal into Building Plan Check, the applicant must submit Covenants, Conditions and Restrictions (CC&R's) for the project to the case planner for review and approval. 4. Prior to approval of the final tract map or issuance of building permits, whichever occurs first, the Covenants, Conditions and Restrictions (CC&Rs) shall be recorded. At a minimum, the CC&Rs shall cover reciprocal common access and shall be maintained in perpetuity. 5. The final map must be approved and recorded prior to issuance of building permits. 6. The final map and all improvements required to be made or installed by the subdivider must be in accordance with the design standards and specifications of the Santa Ana Municipal Code and the requirements of the State Subdivision Map Act. Resolution No. 2017-45 Page 8 of 9 Conditions of Approval December 11, 2017 Page 2 7. Two copies of the recorded final map and CC&Rs shall be submitted each to the Planning Division, Fire Authority, Building Division, and Public Works Agency within 10 days of recordation. Conditions for Approval for Variance No. 2017-08 Variance No. 2017-08 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. In addition, they shall meet the following conditions of approval: The Applicant must comply with each and every condition listed belowrip or to exercising the rights conferred by this variance. The Applicant must remain in compliance with all conditions listed below throughout the life of the development project. Failure to comply with each and every condition may result in the revocation of the variance. A. Planning Division 1. Approval by the Planning Division will be required for final design review of the architectural style and materials for the homes prior to Building Plan Check submittal. 2. A detailed landscape plan must be reviewed and approved prior to issuance of any building permits. In addition to the landscaping palette, the plan shall include details on the hardscape design. At a minimum, the project shall incorporate the amount and size of landscaping as shown on the preliminary landscape plans. The exact specifications for these items are subject to the review and approval of the Planning Division, 3. After project occupancy, landscaping is to be maintained to include the minimum level of plant materials installed at the time of occupancy as required by the approved plans. Resolution No. 2017-45 Page 9 of 9 A CI 3