Loading...
HomeMy WebLinkAboutRESO 2018-27_1102 N KING STREETLS 08.13.18 RESOLUTION NO. 2018-27 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING TENTATIVE TRACT MAP NO. 2018-03 AND VARIANCE NO. 2018-08 AS CONDITIONED TO ALLOW SUBDIVISION FOR FEE- SIMPLE LOTS AND CONSTRUCTION OF FIVE SINGLE FAMILY STRUCTURES WITH DEVIATIONS FROM FRONT AND REAR YARD SETBACK STANDARDS FOR THE PROPERTY LOCATED AT 1102 NORTH KING 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. An Ha, representing Heritage Home Management, LLC., hereinafter referred as "Applicant," is requesting approval of Tentative Tract Map No. 2018-03 and Variance No. 2018-08 to allow a subdivision for single-family structures with deviations from the front and rear yard setback standards for the property located at 1102 North King 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 for this project to: a) reduce the minimum front yard setback and b) reduce the rear yard setback as set forth by the SAMC. D. Tentative Tract Map No. 2018-03 and Variance No. 2018-08 came before the Planning Commission of the City of Santa Ana on August 13, 2018, for a duly noticed public hearing. E. To reduce the Lot 1 front yard setback to 16', the Lot 1 rear yard setback to 18', and the Lot 3 rear yard setback to 19', The Planning Commission of the City of Santa Ana determines that following findings, which must be established in order to grant Variance No. 2018-08, 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 to deprive the subject property of privileges not otherwise at Resolution No. 2018-27 Page 1 of 11 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 variances. The proposed project will be comprised of five separate lots that meet the majority of the development standards pursuant to Section 41-233 of the SAMC with the exception of Lot 1 and Lot 3 having a portion of the structures encroaching into the required front and rear yard setbacks. For Lot 1, the portion of the structure that impedes into the setback is part of the garage. Through the design review phase, it was identified that the location of the garage would better serve the lot towards the west of Lot 1, which would allow for the driveway apron and garage to be located on the newly developed street instead of a higher transited King Street. With this in mind, all the garages and driveways will be accessed from the new street including the garage for Lot 5 which also fronts on King Street. Lot 3 has a portion of the home encroaching into the rear yard by approximately four inches. Staff recognizes that a five-foot dedication has been requested to facilitate the future expansion of Fairview Street at the rear yard of Lot 3. This in turn creates an additional item of concern along with the unique shape of the lot that would deprive the property owner certain privileges do develop the lot. Additionally, a condition has been added to guarantee that the five-foot area of dedication be landscaped and maintained until the expansion occurs, therefore mitigating any trash dumping or collection of debris. 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 variances will preserve the property owner's ability to develop a vacant lot with a use that is allowed in the Single -Family Residence (R-1) zoning district and will provide new housing opportunities to people wishing to move into the City. The lot size would allow for up to seven units; however, the applicant reduced the total number of units to five as a street design was incorporated, which allows for an improved street circulation and access to the parcels. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. Resolution No. 2018-27 Page 2 of 11 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 enhanced living condition to its residents. Therefore, the reduction in front and rear yard setbacks will not be detrimental to the surrounding community as it will not result in impacts affecting adjacent residential properties to the north, south, and east 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 and enhance the City's economic and fiscal viability. The project complies with the majority of the (R-1) Single -Family Residence zoning district and addresses basic community needs such as additional housing opportunities which enhance the City's economic and fiscal viability. Goal 3 of the Land Use Element is to preserve and improve the character and integrity of the neighborhoods. By subdividing the one -acre parcel into five single-family residential lots and developing single-family structure, the new development is preserving and improving the character of the neighborhood. 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. Furthermore, Goal 6 strives for reducing residential overcrowding in order to promote public health and safety. By constructing five new single family homes, the project site is providing additional housing to the community that would not be available if the site remained vacant. 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. Resolution No. 2018-27 Page 3 of 11 F. The Planning Commission of the City of Santa Ana determines that following findings, which must be established in order to approve Tentative Tract Map No. 2018-03, 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 Density -Residential (LR) designation of the General Plan and are otherwise consistent with all other Elements of the General Plan. The proposed project and its design and improvements will be consistent with the Low Density -Residential (LR) 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 five (5) individual fee -simple parcels 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 all of the requirements of the zoning ordinance except for those items that require a variance (front and rear setbacks). All subdivision codes will be met as well as other applicable City ordinances. The proposed project conforms to the Single -Family Residential (R1) provisions of the zoning code that pertain to lot size, parking, and landscaping; by doing so, the parcel and the construction within the parcel guarantee conformance to all R1 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 seven (7) density units per acre, with the proposed project only developing five (5) units. The proposed site consists of approximately 1.03 acres of land and is physically suitable for the proposed development, where access to the site will be from King Street and the newly developed street. Resolution No. 2018-27 Page 4 of 11 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. 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. 2015-65. 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 expansion of Fairview Street as consideration has been taken and the applicant has provided the five-foot dedication on the west of the parcel. 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 Resolution No. 2018-27 Page 5 of 11 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-1 development standards. The project meets several General Plan goals and policies, including 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 result in any significant effects relating to traffic, noise, air quality, or water quality. The City's Planning Division and Public Works Agency have reviewed the proposed project and have determined 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 King and 11th Streets. Based on this analysis, a Notice of Exemption for Environmental Review No. 2015-123 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. 2018-03 and Variance No. 2018- 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 August 13, 2018, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 13th day of August 2018 by the following vote: AYES: Commissioners: ALDERETE, CONTRERAS-LEO, MCLOUGHLIN, MENDOZA, NGUYEN, REYNA, VERINO (7) NOES: Commissioners: Resolution No. 2018-27 Page 6 of 11 ABSENT: Commissioners: ABSTENTIONS: Commissioners: G Mark N cLoughlin Chairman APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: (/!�-Xc 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. 2018-27 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on August 13, 2018. Date: q1 Recording Secretary City of Santa Ana Resolution No. 2018-27 Page 7 of 11 Conditions of Approval August 13, 2018 EXHIBIT A I. Conditions for Approval for Tentative Tract Map No. 2018-03 Tentative Tract Map No. 2018-03 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. 2015-65. 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. Applicant must submit Covenants, Conditions and Restrictions (CC&R's) for the project to the case planner for review and approval prior to the final map being recorded. 4. The final map must be approved and recorded prior to issuance of building permits. 5. 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. 6. 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. Resolution No. 2018-xx Page 8 of 11 Conditions of Approval August 13, 2018 7. Property Maintenance Agreement. Subject to review and applicability by the Planning and Building Agency, the Community Development Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained, Developer (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the Applicant) shall execute a maintenance agreement or incorporate the form of this condition within the Projects CC&R's with the City of Santa Ana which shall be recorded against the property and which shall be in a form reasonably satisfactory to the City Attorney. The maintenance agreement shall contain covenants, conditions and restrictions relating to the following: a. Compliance with operational conditions applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing etc.); b. Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including but not limited to hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses, c. Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable; d. Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable); e. If Developer and the owner of the property are different (e.g., if the Applicant is a tenant or licensee of the property or any portion thereof), both the Applicant and the owner of the property shall be signatories to the maintenance agreement and both shall be jointly and severally liable for compliance with its terms. Resolution No. 2018-xx Page 9 of 11 Conditions of Approval August 13, 2018 f. The maintenance agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties and obligations and responsibilities set forth under the maintenance agreement. g. The maintenance agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property. The maintenance agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City. h. The execution and recordation of the maintenance agreement shall be a condition precedent to the final map being recorded. Resolution No. 2018-xx Page 10 of 11 Conditions of Approval August 13, 2018 II. Conditions for Approval for Variance No. 2018-08 Variance No. 2018-08 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. All proposed site improvements must conform to the Site Plan Review approval of DP No. 2015-65. 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 landscape plan shall also include all proposed walls, specifically the material proposed for the wall, which shall be block CMU. 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. 4. The westerly five feet of the property, adjacent to Fairview Street must be included in the landscape plan and be maintained for the length of time until the property is dedicated to the City. Resolution No. 2018-xx Page 11 of 11