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HomeMy WebLinkAboutRESO 2018-02_Tom's Truck VARLS 01.22.18 RESOLUTION NO. 2018-02 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2017-09 AS CONDITIONED TO ALLOW A REDUCTION IN REQUIRED PARKING FOR THE TOM'S TRUCKS RESIDENTIAL DEVELOPMENT TO BE LOCATED AT 905 EAST SECOND STREET; 910, 927, 928 AND 1000 EAST THIRD STREET; AND 1026 EAST FOURTH 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. The Applicant is requesting approval of Variance No. 2017-09 to allow a reduction in required parking for a residential development proposed at 905 East Second Street; 910, 927, 928 and 1000 East Third Street; and 1026 East Fourth Street. B. Pursuant to Section 41-2014(d)(2) of the Santa Ana Municipal Code (SAMC), a residential property in the Transit Zoning Code/Urban Neighborhood No. 2 zoning district is required to have a minimum off- street parking requirement of 2.25 spaces per unit. To meet this requirement, 263 spaces are required, but 244 are proposed. C. Variance No. 2017-09 came before the Planning Commission of the City of Santa Ana on January 22, 2018 for a duly noticed public hearing to reduce the required parking for the development to be located at 905 East Second Street; 910, 927, 928 and 1000 East Third Street; and 1026 East Fourth Street. D. The Planning Commission determines that for Variance No. 2017-09 the following findings, which must be established pursuant to Santa Ana Municipal Code Section 41-638 in order to grant a variance from the provision of the Santa Ana Municipal Code have been established: 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 to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. Resolution No. 2018-02 Page 1 of 7 The project site contains a special circumstance related to its location. The proposed development is located between the core of Downtown Santa Ana and the Santa Ana Regional Transportation Center (SARTC), locations that encourage multi -modal transit and minimize the need for a vehicle. The site is located within the Transit Zoning Code boundaries, where the intent is to encourage development that situates commerce, work places, residences and civic buildings within walking distance of transit. Given the mix of uses in the area, it is likely that a percentage of the home buyers would work near their residences, reducing the need for parking. Although the site is short 13 guest parking spaces, a total of 79 on - street parking spaces will be provided on Second Street, Third Street, Garfield Street and Standard Avenue, minimizing the reduction of the guest parking spaces. Additionally, the surrounding streets and project will be designed to encourage non -vehicular options, including the installation of bike lanes and the inclusion of a pedestrian paseo within the central area of the project. As a result, the reduction in parking supports several goals of the Transit Zoning Code and General Plan as it will promote transit -oriented development and encourages non -vehicular options. 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of the variance is necessary for the preservation and enjoyment of substantial property rights. The granting of the variance would allow the property owner the opportunity to demolish outdated industrial buildings and replace them with entry-level housing, a product that is in demand in the immediate area and Santa Ana as a whole. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of the variance will not be detrimental to the public or surrounding properties as the building and site have been designed to comply with all applicable development standards except for the minimum parking standard. Further, each unit has been provided with a two -car garage, with limited guest parking also provided on the premises. An additional 79 guest parking spaces will be provided on the adjacent local streets, minimizing the loss of required guest parking spaces. Finally, the proposed buildings will embrace the industrial history of the area, will blend with the Resolution No. 2018-02 Page 2 of 7 surrounding buildings and will not be materially detrimental to the public welfare or injurious to surrounding property. 4. That the granting of a variance will not adversely affect the General Plan of the City. The proposed project will not adversely affect the general plan as the proposed residential development is a permitted use in the Urban Neighborhood land use designation. In addition, the project is consistent with several goals and policies of the General Plan, including Goal 2 to promote land uses which enhance the City's economic and fiscal viability, Goal 3 to preserve and improve the character and integrity of existing neighborhoods, and Goal 5 to ensure that the impacts of development are mitigated. Section 2. In accordance with the California Environmental Quality Act the recommended action is exempt for further review per Section 15183 as it is subject to a previously prepared Environmental Impact Report (EIR). 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 an Initial Study (ER No. 2016-79). The proposed project has been reviewed through previously certified Environmental Impact Report No. 2006-12. The certified Environmental Impact Report identified a series of impacts resulting from the plan. Several mitigation measures were incorporated into the Final EIR, with the applicable mitigation measures added to the conditions of approval for this project. The analysis studies several topics, including aesthetics, land use, noise, safety, transportation and traffic. Further, the EIR studies the transition of industrially zoned and/or used land for residential purposes, such as what is proposed for this project. A determination has been made that there are no new significant impacts or any project specific significant effects peculiar to this project. Therefore, in accordance with CEQA Section 15183, no additional environmental review is required as the project is consistent with the development density established by existing zoning and General Plan policies for which the EIR was certified. The previously certified Transit Zoning Code project EIR and Mitigation Monitoring and Reporting Program is the appropriate document for the actions proposed. As a result, Categorical Exemption Environmental Review No. 2016-79 will be filed for this project. Resolution No. 2018-02 Page 3 of 7 Section 3. The Applicant, by the submittal of a residential development project, is activating the Urban Neighborhood -2 zoning designation for the site as identified in the Transit Zoning Code and is relinquishing all rights granted by the Industrial Overlay (I -OZ) zone designation. Section 4. 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 5. The Planning Commission of the City of Santa Ana hereby approves the variance for the project subject to conditions outlined in Exhibit A, attached hereto and incorporated 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 January 22, 2018, and exhibits attached thereto, and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 22th day of January, 2018 by the following vote: AYES: Commissioners: BACERRA, CONTRERAS-LEO, MENDOZA, VERINO (4) NOES: Commissioners: ALDERETE (1) ABSENT: Commissioners: NGUYEN (1) ABSTENTIONS: Commissioners: MCLOUGHLIN ) Mark McLoughlin Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: c Lisa Storck Assistant City Attorney Resolution No. 2018-02 Page 4 of 7 11 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2018-02 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on January 22, 2018. Date: 1199-1 1� Recording Secretary City of Santa Ana Resolution No. 2018-02 Page 5 of 7 9 Conditions of Approval for Variance No. 2017-09 Should the Planning Commission approve Variance No. 2017-09 the approval is 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 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 variance. Failure to comply with each and every condition may result in the revocation of the variance. A. Planning Division 1. All proposed improvements must conform to the Site Plan Review approval of DP No. 2016-06 and the staff report exhibits. 2. Any amendment to this variance must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the variance must be amended. 3. Landscaping, once installed, shall be maintained per the approved landscape plan. 4. The site occupant shall be responsible for maintaining the premises free from graffiti, including the side of the buildings adjacent to the railroad tracks. All graffiti shall be removed within 24 hours. 5. 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, lighting concepts and outdoor furniture for the common area parcel. At a minimum, the project shall incorporate the amount and size of landscaping as shown on the preliminary landscaped plans dated November 17, 2017. The exact specifications for these items are subject to the review and approval of the Planning Division. 6. 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. 2018-xx Page 6 of 7 JANUARY 22, 2018 PAGE 2OF2 7. Any and all public art installed on the project site shall remain on the site in perpetuity and cannot be removed unless approved by the Planning Manager or his or her designee. 8. The rights granted by this variance will become null and void if Zoning Ordinance Amendment No. 2017-05 (Innovative Housing/Small Lot Subdivisions) is not adopted. 9. Explore the feasibility of creating a permit parking district for the public streets adjacent to the project site (Added by the Planning Commission on January 22, 2018). 10. Consider installing speed bumps or similar traffic calming measures on Standard Avenue (Added by the Planning Commission on January 22, 2018). B. Public Works Agency 1. Comply with all conditions, comments and requirements as identified in the Public Works Agency memorandum dated January 18, 2018. Resolution No. 2018-xx Page 7 of 7 f