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HomeMy WebLinkAbout31A - 1401 & 1439 S MINNIE ST REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 16, 2007 TITLE: VARIANCE NOS. 2006-16 THROUGH 2006- 24 FOR A REDUCTION IN REQUIRED PARKING AT 1201-1233 EAST WILSHIRE AVENUE AND 1401 AND 1439 SOUTH MINNIE STREET - ORANGE HOUSING DEVELOPMENT CORPORATION, APPLICANT a,_ct,)~ . CITY MANAGER C% RECOMMENDED ACTION Receive Variance Variance Variance and file the No. 2006-17, No. 2006-20, No, 2006-23 and staff report approving Variance No. 2006-18, Variance No. 2006-21, Variance No. 2006-24 as 2006-16, 2006-19, 2006-22, PLANNING COMMISSION ACTION CLERK OF COUNCIL USE ONLY: APPROVED o As Recommended o As Amended D Ordinance on 151 Reading o Ordinance on 2"' Reading o Implementing Resolution o Set Public Hearing For CONTINUED TO FILE NUMBER Variance No. Variance No. Variance No. conditioned. On January 8, 2007, the Planning Commission approved Variance Nos. 2006- 16 through 2006-24 as conditioned by a vote of 4:0 (Cribb and Gartner absent) to allow a reduction in required off-street parking of an existing apartment complex located at 1201-1233 East Wilshire Avenue and 1401 and 1439 South Minnie Street in the Light Industrial (M1) zoning district. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A) , FISCAL IMPACT There is no fiscal impact associated with this action. ~vino ~ Dlrector Planning & Building Agency VF:rb vf\reports\VA06-16thru06-24.CC 31A-1 REQUEST FOR Planning Commission Action PLANNING COMMISSION SECRETARY PLANNING COMMISSION MEETING DATE: JANUARY 8, 2007 TITLE: PUBLIC HEARING - FILED BY ORANGE HOUSING DEVELOPMENT CORPORATION FOR VARIANCE NOS. 2006-16 THROUGH 2006-24 FOR A REDUCTION IN REQUIRED PARKING AT 1201-1233 EAST WILSHIRE AVENUE AND 1401 AND 1439 SOUTH MINNIE STREET APPROVED o As Recommended o As Amended o Set Public Hearing For DENIED o Applicant's Request o Staff Recommendation CONTINUED TO Prepared by Vince Fregoso ~_~ D;<eo\" RECOMMENDED ACTION 1. Adopt a resolution approving Variance No. 2006-16 as conditioned for 1201 East Wilshire Avenue. 2. Adopt a resolution approving Variance No. 2006-17 as conditioned for 1209 East Wilshire Avenue. 3. Adopt a resolution approving Variance No, 2006-18 as conditioned for 1213 East Wilshire Avenue. 4, Adopt a resolution approving Variance No. 2006-19 as conditioned for 1221 East Wilshire Avenue. 5. Adopt a resolution approving Variance No. 2006-20 as conditioned for 1225 East Wilshire Avenue. 6. Adopt a resolution approving Variance No. 2006-21 as conditioned for 1229 East Wilshire Avenue. 7. Adopt a resolution approving Variance No. 2006-22 as conditioned for 1233 East Wilshire Avenue, 8. Adopt a resolution approving Variance No. 2006-23 as conditioned for 1401 South Minnie Street. 9. Adopt a resolution approving Variance No. 2006-24 as conditioned for 1439 South Minnie Street. EXHIBIT A 31A-2 Variance Nos. 2006-16 thru 2006-24 January 8, 2007 Page 2 DISCUSSION Request of Applicant Orange Housing Development Corporation is requesting approval of nine variances to allow a reduction in required off-street parking in conjunction with the rehabilitation of an existing apartment complex located at 1201-1233 East Wilshire Avenue and 1401 and 1439 South Minnie Street, Property Description The project site consists of nine individual parcels that encompass approximately 3.2 acres of land, Each site is occupied by one two-story apartment complex that contains 8 to 12 units per building. A total of 84 units are situated within the nine apartment buildings. The sites also contain a total of 111 on-site parking spaces. Table 1 below provides a breakdown of each parcel. Table 1 Property Profile Address Lot Size Existing Existing Units Parking 1201 East Wilshire .22 acres 8 10 1209 East Wilshire .22 acres 8 10 1213 East Wilshire .23 acres 8 10 1221 East Wilshire .23 acres 8 10 1225 East Wilshire .23 acres 8 10 1229 East Wilshire .22 acres 8 10 1233 East Wilshire .65 acres 12 14 1401 South Minnie .31 acres 12 18 1439 South Minnie .25 acres 12 19 TOTAL 3.21 acres 84 111 The site has a General Plan land use designation of Medium Density Residential (MR-15), which allows residential development at 15 units per acre. The subject site is located within the Light Industrial (M1) zoning district. The property is surrounded by multi-family residential uses to the north and south, single-family residential to the west and County of Orange facilities to the east (Exhibits 1 and 2) . 31A-3 Variance Nos, 2006-16 thru 2006-24 January 8, 2007 Page 3 Project Description Orange Housing Development Corporation/C&C Development Company, LLC have formed Wilshire/Minnie, L.P. to acquire and rehabilitate 17 apartment buildings containing 164 units located at 1201, 1209, 1213, 1221, 1225, 1229, and 1233 East Wilshire and 1401, 1403, 1409, 1413, 1421, 1425, 1429, 1433, 1437 and 1439 South Minnie. As part of the rehabilitation, the applicant is proposing to reconfigure nine buildings with 84 one- bedroom units into 64 multi bedroom units. The structure and room layouts will be modified by combining existing one bedroom units to create one, two, three and four bedroom units. Units will range in size from approximately 550-610 square feet for a one bedroom apartment, 750 square feet for a two bedroom unit, 950 square feet for a three bedroom unit and 1080 square feet for a four bedroom unit. The overall unit breakdown includes 26 one-bedroom units, 18 two-bedroom units, 18 three-bedroom units and 2 four-bedroom units. Rents will be restricted to affordable low and very low-income households as described in Exhibit 3. The maximum occupancy will also be restricted to three persons for one-bedroom, four persons for two- bedrooms, six persons for three-bedrooms and eight persons for four- bedrooms. Various exterior and interior improvements are proposed for the project. Exterior improvements will include new stucco and paint for the exterior walls, repairing and repainting all decks and the removal of exterior doors where units are removed. Interior enhancements will include the reconfiguration of walls and the installation of new bathrooms and kitchens within each unit. Additionally, new paint, windows, doors and flooring will be provided for each apartment (Exhibits 4 and 5). Also, new landscaping will be provided throughout the project. Analysis of the Issues Orange Housing Development Corporation, in partnership with the City's Housing Division, is in the process of purchasing 17 apartment buildings near the Minnie Street (Cornerstone Village) apartment complexes. Once the purchase is completed and necessary funding is obtained, the applicant intends to rehabilitate all 17 buildings within the complex and provide affordable, rent controlled units with occupancy restrictions. However, due to the rehabilitation, which involves adding bedrooms to some of the units, a variance for a reduction in parking for nine of the properties is needed. 31A-4 Variance Nos. 2006-16 thru 2006-24 January 8, 2007 Page 4 Section 41-681.3(3) of the Santa Ana Municipal Code (SAMC) requires nonconforming multiple-family residential properties to comply with the City's parking requirements if the number or size of the bedrooms will be increased on the site through a rehabilitation project. Therefore, based on current parking requirements, a total of 235 spaces are required, which includes 188 for the units and 47 guest spaces, while 111 are provided. In analyzing this request for a reduction in parking, staff considered the following information. The applicant will be reducing the number of units on the sites by 20 units, as shown on Table 2 below. This will effectively reduce the parking demand for the project. Additionally, through deed restrictions and covenants, the overall occupancy of the project will be reduced from 315 to a maximum of 274 (3 persons per one- bedroom unit, 4 persons per two-bedroom unit, 6 persons per three-bedroom unit and 8 persons per four-bedroom unit), also reducing the demand for parking. Also, the applicants will be instituting a permit only parking program. Permit parking, in conjunction with reserved parking, will also assist in reducing the parking demand for the properties. Finally, since the applicant has completed several similar proj ects, it has been found that the need for parking has been reduced with this type of project. Table 2 Uni t Summary ...................... .. c. _~~,;ng PX'~()lIed un.t~..L..... :.q.~'lIc ^.... ^^ 1201 East Wilshire 8 6 1209 East Wilshire 8 6 1213 East Wilshire 8 6 1221 East Wilshire 8 6 1225 East Wilshire 8 6 1229 East Wilshire 8 6 1233 East Wilshire 12 8 1401 South Minnie 12 10 1439 South Minnie 12 10 TOTAL 84 64 Orange Housing Development Corporation has completed several similar projects in the City, including the conversion of Howard Johnson's Motel into a senior apartment complex on East successful, the former Seventeenth 31A-5 Variance Nos. 2006-16 thru 2006-24 January 8, 2007 Page 5 Street and the rehabilitation of two apartment complexes on North Ross and North Durant Streets. This project, as with the prior projects completed by Orange Housing, will preserve and improve the character and integrity of the surrounding neighborhood through the numerous improvements proposed for the site. The reduction in the overall number of units, in conjunction with the strict occupancy limits, will result in a reduction in the parking demand for the complex. Approval of this project will ensure the future integrity of the neighborhood by retaining control of 17 contiguous buildings under one owner, which will be rehabilitated and will have affordability and occupancy covenants. It will also increase the availability of larger affordable housing units. The acquisition and rehabilitation of these properties will assist the City and Housing Agency to meet their affordable housing goals as identified in the Consolidated Plan, Redevelopment Implementation Plan and Housing Element. As a result, staff recommends that the Planning Commission approve Variance Nos. 2006- 16 through 2006-24 as conditioned. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review pursuant to Section 15301. This Class 1 exemption allows the repair, maintenance and minor alteration of existing structures with no expansion. Categorical Exemption No. 2006-208 will be filed for this project. vince Frego Senior Plan VF:jm cr\reports\VA06 16thru06-24.pc 31A-6 0R1 8B E' [ ;11 I G TIa BG R1 R1 R1 R1 R1 ' ! , R1 R1 Rl R2 R1 I Cl Ie ~v ;~1 R1 ~ R"',THPl WIRE " o ~L~ ~1~"R1 R1.G;;t; .~ .J,,:::......!' ~ R1 R3; C2 3"~ R1 - P9''' RI R1"-~ BBGEl LjLj :' :; : ", rrmrn <e.,.,. . /H . ._. l' =: 1000 FEET P LAN N GRIFITl<PL R1 W'L HIR V R1 R1 R1 R1~ R1 . , , , R2 A1 .8 C-SM C1 Cl-MD C2 C3 CH C4 C5 GENERAL AGRICULTURAL PARKING MODIFICATION COMMERCIAL SOUTH MAIN COMMUNITY COMMERCIAL COMM. COMMERCIAL-MUSEUM DISTRICT GENERAL COMMERCIAL CENTRAL BUSINESS CENTRAL BUSINESS-ARTIST' VILLAGE PLANNED SHOPPING CENTER ARTERIAL COMMERCIAL R3 R3 , , RJ! R3 R3 R1 C4 . R4 R1 M2 M1 M1 iD M1 ~ o z < " " A1 R4 R4 M1 MCFADt] ~ : M1 ~ i WLSH'RFAV WllSHIREAV R1 C1 C1 \ PROJECT I SITE I il M1 """""""DM. M1 M1 M1 EDINGER AV. M1 SO.69 SO.69 SO.69 p M1 R1 M1 R1 M1 CR GC M1 M2 MO o P PCD PRD M1 M1 'D~:" . '""~" M1 DI COMMERCIAL RESIDENTIAL GOVERNMENT CENTER LIGHT INDUSTRIAL HEAVY INDUSTRIAL MILITARY OPERATIONS OPEN SPACE PROFESSIONAL PLANNED COMMUNITY DEVELOPMENT PLANNED RESIDENTIAL DEVELOPMENT R1 R2 R3 R4 RE SD SP SINGLE-FAMILY RESIDENCE TWO-FAMILY RESIDENCE MULTIPLE-FAMILY RESIDENCE SUBURBAN APARTMENTS RESIDENTIAL ESTATE SPECIFIC DEVELOPMENT SPECIFIC PLAN VA 06-16 THROUGH 24 ORANGE HOUSING DEVELOPMENT CORP. 1201.1233 EAST WILSHIRE AVENUE, 1401 AND 1439 SOUTH MINNIE STREET N G AND B U VICINITY MAP EXHIBIT 1 31A-7 L D N G fA oW - =500 FEET AGE N C Y ~ " " ~ ~ ffi " " ~ " ffi RUSSELL AV. ~ ~ 0 '" " ~ ~ ~ ~ ~ ~ OXFORD ST. 0 Gj~ ~ '" " ~8 51 G E FAMI Y faG ~'" '" '" R SO N IA ~ ~ ~ en MULTI FAMILY '< ~ '" ~ ~ z GRIFFITH PL. '" RESIDENTIAL W en 9 ~ w ~ ~ a; c '" '" ~ - " 51 G E F MI Y a; '" '" " ~ en - a; C ~ W Z ~ a; > E5D N IA ;! ~ !E '" ~ ~ W c en '" w WILSHIRE 0 ~ (J " '" ~ ~ in ~ " 51 G E F MI Y ~ 0 ~ ~ ~ E5 0 N IA ~ ~ '" 9 9 ~ '" '" ~ ~ ~ ~ ~ 0 !E !E " m Gjg s s ~~ ~~ BORCHARD AV. a ~ ~ '" ~ en M LT: FA IL RE 10 w ~ u. ~ ;! z '" '" en ~ MOBILE HOME PARK a ~ ~- / , -:.,........,. - -- VA 06-16 THROUGH 24 ORANGE HOUSING DEVELOPMENT CORP. 1201-1233 EAST WILSHIRE AVENUE, 1401 AND 1439 SOUTH MINNIE STREET P LAN N N G AND B U L D N G LAND USE MAP EXHIBIT 2 31A-8 ~\ .g.{' AGE N C Y APARTMENT AFFORDABILITY AND UNIT MIX WILSHIRE/MINNIE APARTMENTS Affordability Bedrooms NO. of Max. Allowable Level Units Rent 1 11 $581 40% 2 2 $696 (very-low) 3 2 $788 1 34 $733 50% 2 3 $878 (very-low) 3 5 $999 4 1 $1,115 1 63 $885 60% 2 10 $1,0611 (low) 3 11 $1,210 4 1 $1,350 ......16THROUGH 24 EXHIBIT 3 31A-9 .~-~ ,- """'~ :. I ,; < (,nand) '3^ \I ~ L. IU. ... .. u ~U~~_9~, a~\lH:J~08 .31\,... 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I tl) I "11. ~ ~l- 3'~<;!16 KO -1/4/07 RESOLUTION NO. 2007-04 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2006-16 AS CONDITIONED TO ALLOW REDUCTIONS IN THE REQUIRED PARKING FOR THE PROPERTY LOCATED AT 1201 EAST WILSHIRE AVENUE BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of Variance No. 2006-16, for a reduction in the required parking for the property located at 1201 East Wilshire Avenue. B. Variance No. 2006-16 came before the Planning Commission on January 8, 2007 for a duly noticed public hearing. C, Section 41-681,3(3) of the Santa Ana Municipal Code (SAMC) requires nonconforming multiple-family residential projects to comply with the City's parking requirements if the number or size of the bedrooms will be increased on the site through rehabilitation. D. Section 41-1322 requires twenty-two (22) parking spaces for the proposed project site, The current site only has ten (10) parking spaces available. As such, a variance of twelve (12) parking spaces will be required. E. The Planning Commission determines that for Variance No. 2006-16 the following findings, which must be established pursuant to Santa Ana Municipal Code Section 41-638 in order to grant a variance from the provisions 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. 2007-04 Page 1 of 6 31A-17 2. Special circumstances are applicable to the subject site that necessitates a parking variance for the project. The subject site currently contains ten (10) parking spaces, 1.66 for each unit. The applicant will be reducing the number of units on the premises from eight (8) to six (6), which will reduce the parking demand for the site. Additionally, occupancy restrictions will be established for the project that will result in a lesser number of residents than currently found on the premises, further reducing the need for parking. Therefore, the strict application of the zoning code would deprive the subject property of privileges. 3. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The parking variance is necessary to preserve property rights as the owners will be rehabilitating the existing complex and providing affordable, rent controlled housing for residents of the City. 4. 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 for a reduction in parking will not be detrimental to the area as the reduction in units, in conjunction with the occupancy restrictions, will result in a lower parking demand. 5. That the granting of a variance will not adversely affect the General Plan of the City. The granting of the variance will not adversely affect the City's General Plan in any way as the land use designation of Medium Density Residential (MR) allows the rehabilitation of existing apartment complexes, F, In accordance with the California Environmental Quality Act, the recommended action is exempt from further review pursuant to Section 15301. This Class 1 exemption allows the repair, maintenance and minor alteration of existing structures with no expansion. Categorical Exemption No. 2006-208 will be filed for this project. Resolution No. 2007-04 Page 2 of6 31A-18 Section 2. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Variance No. 2006-16 as conditioned in Exhibit A attached hereto and incorporated herein as though fully set forth. 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 8, 2007 and exhibits attached thereto; and the public testimony all of which are incorporated herein by this reference. ADOPTED this 8th day of January, 2007 by the following vote: AYES: Commissioners: Betancourt, De La Torre, Leo, Lutz (4) NOES: Commissioners: None (0) ABSENT: Commissioners: Cribb, Gartner (2) ABSTENTIONS: Commissioners: None (0) Christopher Leo Chairman APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee O. Otto Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Clerk of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2007-04 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on January 8,2007. Date: Clerk of the Planning Commission City of Santa Ana Resolution No. 2007-04 Page 3 of6 31A-19 Conditions for Approval for Variance No. 2006.16 Variance Nos. 2006-16 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 Uniform Fire Code, the Uniform Building Code, and all other applicable regulations. In addition, it shall meet the following conditions of approval: The applicant must comply with each and every condition listed below prior 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. Plannina Division 1. The project must remain in compliance with the submitted plans shown for the development as per DP No. 2006-76. 2. Prior to issuance of building permits, a copy of the deed restrictions and covenants for the project shall be submitted to the Planning Division for review and approval. 3. Prior to submitting plans into building plan check, the applicant shall submit landscape plans for review and approval by the Planning Division. 4. Prior to issuance of building permit, the applicant shall record a lot merger application for all 17 properties. B. Police Department 1. Lighting for the parking lots and walkways shall be in compliance with the Building Security Ordinance. C. Public Works 1. Replace damaged sidewalk adjacent to 1401, 1409, 1413 and 1439 S. Minnie Street as required by the Public Works Agency, 2. Remove unpermitted concrete pads in City parkways in front of 1439 S. Minnie Street and 1209 and 1233 E. Wilshire Street. Exhibit A Resolution No. 2007-04 Page 4 of6 31 A-20 3. Remove and replace the alley driveway on Minnie Street between 1421 and 1425 S. Minnie Street. 4. Repair the damaged section of pavement (approximately 6 feet by 10 feet) in the knuckle areas on Wilshire Avenue and Minnie Street and Borchard Avenue and Minnie Street. 5, Either provide evidence of dedication or dedicate a 10-foot by 10-foot corner cutoff at the entrance to the alley on Minnie Street between 1421 and 1425 S. Minnie Street. 6. Provide a 25-foot by 25-foot corner cutoff dedication at the northeast corner of Standard and Wilshire Avenues. 7. Improve the Standard/Wilshire Avenues corner cutoff with pee and construct a new wheelchair ramp per eity standards. Resolution No. 2007-04 Page 5 of 6 31A-21 PROOF OF SERVICE (C.C.P. SECTION 1013(a), 2015.5) STATE OF CALIFORNIA. COUNTY OF ORANGE I am employed in the aforesaid county; I am over the age of eighteen and not a party to the within action; my business address is 20 Civic Center Plaza, Ross Annex 2nd, Santa Ana, California 92702. I served the fore oing document described as: Resolution No. 2007-04 Variance No. 2006-16 in this action by placing a true copy thereof enclosed In sealed enve opes a resse as follows: [insert the following here Addressee Address] [ ] I caused to be delivered by courier, such envelope by hand to the office of the addressee(s). [X] BY MAIL I am readily familiar with my employer's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S, Postal Service on that same day with postage thereon fully prepaid at Santa Ana, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. [ ] The document was transmitted by facsimile transmission and was reported as complete and without error, I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on [date] at Santa Ana, California. MARTHA RAMIREZ Resolution No. 2007-04 Page 6 of 6 31 A-22 KO -1/4/07 RESOLUTION NO. 2007-05 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2006-17 AS CONDITIONED TO ALLOW REDUCTIONS IN THE REQUIRED PARKING FOR THE PROPERTY LOCATED AT 1209 EAST WILSHIRE AVENUE BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of Variance No. 2006-17, for a reduction in the required parking for the property located at 1209 East Wilshire Avenue, B. Variance No. 2006-17 came before the Planning Commission on January 8, 2007 for a duly noticed public hearing. C. Section 41-681.3(3) of the Santa Ana Municipal Code (SAMC) requires nonconforming multiple-family residential projects to comply with the City's parking requirements if the number or size of the bedrooms will be increased on the site through rehabilitation. D. Section 41-1322 requires twenty-two (22) parking spaces for the proposed project site. The current site only has ten (10) parking spaces available. As such, a variance of twelve (12) parking spaces will be required. E, The Planning Commission determines that for Variance No. 2006-17 the following findings, which must be established pursuant to Santa Ana Municipal Code Section 41-638 in order to grant a variance from the provisions 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. Special circumstances are applicable to the subject site that necessitates a parking variance for the project. The subject site currently contains ten (10) parking spaces, 1.66 for each Resolution No. 2007-05 Page 1 of6 31 A-23 unit. The applicant will be reducing the number of units on the premises from eight (8) to six (6), which will reduce the parking demand for the site. Additionally, occupancy restrictions will be established for the project that will result in a lesser number of residents than currently found on the premises, further reducing the need for parking. Therefore, the strict application of the zoning code would deprive the subject property of privileges. 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The parking variance is necessary to preserve property rights as the owners will be rehabilitating the existing complex and providing affordable, rent controlled housing for residents of the City, 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 for a reduction in parking will not be detrimental to the area as the reduction in units, in conjunction with the occupancy restrictions, will result in a lower parking demand. 4. That the granting of a variance will not adversely affect the General Plan of the City. The granting of the variance will not adversely affect the City's General Plan in any way as the land use designation of Medium Density Residential (MR) allows the rehabilitation of existing apartment complexes. F. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review pursuant to Section 15301. This Class 1 exemption allows the repair, maintenance and minor alteration of existing structures with no expansion, Categorical Exemption No. 2006-208 will be filed for this project. Section 2. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Variance No. 2006-17 as conditioned in Exhibit A attached hereto and incorporated herein as though fully set forth. 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 8, 2007 and exhibits attached thereto; and the public testimony all of which are incorporated herein by this reference. Resolution No. 2007-05 Page 2 of 6 31A-24 ADOPTED this 8th day of January, 2007 by the following vote: AYES: Commissioners: Betancourt, De La Torre, Leo, Lutz (4) NOES: Commissioners: None (0) ABSENT: Commissioners: Cribb, Gartner (2) ABSTENTIONS: Commissioners: None (0) Christopher Leo Chairman APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee 0, Otto Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Clerk of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2007-05 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on January 8, 2007. Date: Clerk of the Planning Commission City of Santa Ana Resolution No. 2007-05 Page 3 of 6 31 A-25 Conditions for Approval for Variance No. 2006-17 Variance Nos. 2006-17 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 Uniform Fire Code, the Uniform Building Code, and all other applicable regulations. In addition, it shall meet the following conditions of approval: The applicant must comply with each and every condition listed below prior 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. Plannina Division 1. The project must remain in compliance with the submitted plans shown for the development as per DP No. 2006-76. 2. Prior to issuance of building permits, a copy of the deed restrictions and covenants for the project shall be submitted to the Planning Division for review and approval. 3. Prior to submitting plans into building plan check, the applicant shall submit landscape plans for review and approval by the Planning Division. 4. Prior to issuance of building permit, the applicant shall record a lot merger application for all 17 properties. B. Police Department 1. Lighting for the parking lots and walkways shall be in compliance with the Building Security Ordinance. C. Public Works 1. Replace damaged sidewalk adjacent to 1401, 1409, 1413 and 1439 S, Minnie Street as required by the Public Works Agency. 2. Remove unpermitted concrete pads in City parkways in front of 1439 S. Minnie Street and 1209 and 1233 E, Wilshire Street. 3. Remove and replace the alley driveway on Minnie Street between 1421 and 1425 S, Minnie Street. Exhibit A Resolution No. 2007-05 Page 4 of 6 31 A-26 4, Repair the damaged section of pavement (approximately 6 feet by 10 feet) in the knuckle areas on Wilshire Avenue and Minnie Street and Borchard Avenue and Minnie Street. 5. Either provide evidence of dedication or dedicate a 10-foot by 10-foot corner cutoff at the entrance to the alley on Minnie Street between 1421 and 1425 S. Minnie Street. 6. Provide a 25-foot by 25-foot corner cutoff dedication at the northeast corner of Standard and Wilshire Avenues. 7. Improve the StandardlWilshire Avenues corner cutoff with PCC and construct a new wheelchair ramp per City standards. Resolution No. 2007-05 Page 5 ot6 31 A-27 PROOF OF SERVICE (C.C.P. SECTION 1013(a), 2015.5) STATE OF CALIFORNIA. COUNTY OF ORANGE I am employed in the aforesaid county; I am over the age of eighteen and not a party to the within action; my business address is 20 Civic Center Plaza, Ross Annex 2nd, Santa Ana, California 92702. I served the fore oing document described as: Resolution No. 2007-05 Variance No. 2006-17 in this action by placing a true copy thereof enclosed In sealed enve opes a resse as follows: [insert the following here Addressee Address] [ ] I caused to be delivered by courier, such envelope by hand to the office of the addressee(s). [X] BY MAIL I am readily familiar with my employer's practice of collection and processing correspondence for mailing, Under that practice it would be deposited with U.S, Postal Service on that same day with postage thereon fully prepaid at Santa Ana, California in the ordinary course of business, I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. [ ] The document was transmitted by facsimile transmission and was reported as complete and without error. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on [date] at Santa Ana, California. MARTHA RAMIREZ Resolution No. 2007-05 Page 6 of 6 31 A-28 KO -1/4/07 RESOLUTION NO. 2007-06 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2006-18 AS CONDITIONED TO ALLOW REDUCTIONS IN THE REQUIRED PARKING FOR THE PROPERTY LOCATED AT 1213 EAST WILSHIRE AVENUE BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of Variance No. 2006-18, for a reduction in the required parking for the property located at 1213 East Wilshire Avenue. B. Variance No. 2006-18 came before the Planning Commission on January 8, 2007 for a duly noticed public hearing. C. Section 41-681.3(3) of the Santa Ana Municipal Code (SAMC) requires nonconforming multiple-family residential projects to comply with the City's parking requirements if the number or size of the bedrooms will be increased on the site through rehabilitation. D. Section 41-1322 requires twenty-two (22) parking spaces for the proposed project site. The current site only has ten (10) parking spaces available. As such, a variance of twelve (12) parking spaces will be required. E. The Planning Commission determines that for Variance No. 2006-18 the following findings, which must be established pursuant to Santa Ana Municipal Code Section 41-638 in order to grant a variance from the provisions 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. Special circumstances are applicable to the subject site that necessitates a parking variance for the project. The subject site currently contains ten (10) parking spaces, 1.66 for each Resolution No. 2007-06 Page 1 of 6 31 A-29 unit. The applicant will be reducing the number of units on the premises from eight (8) to six (6), which will reduce the parking demand for the site, Additionally, occupancy restrictions will be established for the project that will result in a lesser number of residents than currently found on the premises, further reducing the need for parking. Therefore, the strict application of the zoning code would deprive the subject property of privileges, 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The parking variance is necessary to preserve property rights as the owners will be rehabilitating the existing complex and providing affordable, rent controlled housing for residents of the City. 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 for a reduction in parking will not be detrimental to the area as the reduction in units, in conjunction with the occupancy restrictions, will result in a lower parking demand. 4. That the granting of a variance will not adversely affect the General Plan of the City. The granting of the variance will not adversely affect the City's General Plan in any way as the land use designation of Medium Density Residential (MR) allows the rehabilitation of existing apartment complexes. F, In accordance with the California Environmental Quality Act, the recommended action is exempt from further review pursuant to Section 15301, This Class 1 exemption allows the repair, maintenance and minor alteration of existing structures with no expansion. Categorical Exemption No. 2006-208 will be filed for this project, Section 2. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Variance No, 2006-18 as conditioned in Exhibit A attached hereto and incorporated herein as though fully set forth. 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 8, 2007 and exhibits attached thereto; and the public testimony all of which are incorporated herein by this reference. Resolution No. 2007-06 Page 2 of 6 31A-30 ADOPTED this 8th day of January, 2007 by the following vote: AYES: Commissioners: Betancourt, De La Torre, Leo, Lutz (4) NOES: Commissioners: None (0) ABSENT: Commissioners: Cribb, Gartner (2) ABSTENTIONS: Commissioners: None (0) Christopher Leo Chairman APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee 0, Otto Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Clerk of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2007-06 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on January 8, 2007. Date: Clerk of the Planning Commission City of Santa Ana Resolution No. 2007-06 Page 3 of 6 31A-31 Conditions for Approval for Variance No. 2006-18 Variance Nos. 2006-18 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 Uniform Fire Code, the Uniform Building Code, and all other applicable regulations, In addition, it shall meet the following conditions of approval: The applicant must comply with each and every condition listed below prior 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. Plannina Division 1. The project must remain in compliance with the submitted plans shown for the development as per DP No. 2006-76. 2. Prior to issuance of building permits, a copy of the deed restrictions and covenants for the project shall be submitted to the Planning Division for review and approval. 3. Prior to submitting plans into building plan check, the applicant shall submit landscape plans for review and approval by the Planning Division. 4. Prior to issuance of building permit, the applicant shall record a lot merger application for all 17 properties. B. Police Department 1. Lighting for the parking lots and walkways shall be in compliance with the Building Security Ordinance. C. Public Works 1, Replace damaged sidewalk adjacent to 1401, 1409, 1413 and 1439 S, Minnie Street as required by the Public Works Agency, 2. Remove unpermitted concrete pads in City parkways in front of 1439 S. Minnie Street and 1209 and 1233 E. Wilshire Street. 3. Remove and replace the alley driveway on Minnie Street between 1421 and 1425 S, Minnie Street. Exhibit A Resolution No. 2007-06 Page 4 of 6 31A-32 4. Repair the damaged s ction of pavement (approximately 6 feet by 10 feet) in the knuckle areas 0 Wilshire Avenue and Minnie Street and Borchard Avenue and Minnie Str et. 5, Either provide eviden of dedication or dedicate a 10-foot by 10-foot corner cutoff at the en rance to the alley on Minnie Street between 1421 and 1425 S, Minnie Str et. 6. Provide a 25-foot by 25-foot corner cutoff dedication at the northeast corner of Standard and Wilshire Avenues, 7. Improve the Standard/Wilshire Avenues corner cutoff with PCC and construct a new wheelchair ramp per City standards. Resolution No, 2007-06 Page 50f6 31A-33 PROOF OF SERVICE (C.C.P. SECTION 1013(a), 2015.5) STATE OF CALIFORNIA, COUNTY OF ORANGE I am employed in the aforesaid county; I am over the age of eighteen and not a party to the within action; my business address is 20 Civic Center Plaza, Ross Annex 2nd, Santa Ana, California 92702, [insert the following here Addressee Address] [ ] I caused to be delivered by courier, such envelope by hand to the office of the addressee(s). [X] BY MAIL I am readily familiar with my employer's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. Postal Service on that same day with postage thereon fully prepaid at Santa Ana, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. [ ] The document was transmitted by facsimile transmission and was reported as complete and without error. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on [date] at Santa Ana, California. MARTHA RAMIREZ Resolution No. 2007-06 Page 6 of6 31A-34 KO -1/4/07 RESOLUTION NO, 2007-07 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO, 2006-19 AS CONDITIONED TO ALLOW REDUCTIONS IN THE REQUIRED PARKING FOR THE PROPERTY LOCATED AT 1221 EAST WILSHIRE AVENUE BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of Variance No. 2006-19, for a reduction in the required parking for the property located at 1221 East Wilshire Avenue, B. Variance No. 2006-19 came before the Planning Commission on January 8. 2007 for a duly noticed public hearing. C, Section 41-681.3(3) of the Santa Ana Municipal Code (SAMC) requires nonconforming multiple-family residential projects to comply with the City's parking requirements if the number or size of the bedrooms will be increased on the site through rehabilitation. D. Section 41-1322 requires twenty-two (22) parking spaces for the proposed project site. The current site only has ten (10) parking spaces available. As such, a variance of twelve (12) parking spaces will be required. E. The Planning Commission determines thatfor Variance No. 2006-19 the following findings, which must be established pursuant to Santa Ana Municipal Code Section 41-638 in order to grant a variance from the provisions 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. Special circumstances are applicable to the subject site that necessitates a parking variance for the project, The subject site currently contains ten (10) parking spaces, 1.66 for each Resolution No. 2007-07 Page 1 of 6 31A-35 unit. The applicant will be reducing the number of units on the premises from eight (8) to six (6), which will reduce the parking demand for the site. Additionally, occupancy restrictions will be established for the project that will result in a lesser number of residents than currently found on the premises, further reducing the need for parking. Therefore, the strict application of the zoning code would deprive the subject property of privileges. 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The parking variance is necessary to preserve property rights as the owners will be rehabilitating the existing complex and providing affordable, rent controlled housing for residents of the City. 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 for a reduction in parking will not be detrimental to the area as the reduction in units, in conjunction with the occupancy restrictions, will result in a lower parking demand, 4, That the granting of a variance will not adversely affect the General Plan of the City. The granting of the variance will not adversely affect the City's General Plan in any way as the land use designation of Medium Density Residential (MR) allows the rehabilitation of existing apartment complexes, F. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review pursuant to Section 15301. This Class 1 exemption allows the repair, maintenance and minor alteration of existing structures with no expansion. Categorical Exemption No. 2006-208 will be filed for this project. Section 2. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Variance No, 2006-19 as conditioned in Exhibit A attached hereto and incorporated herein as though fully set forth. 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 8, 2007 and exhibits attached thereto; and the public testimony all of which are incorporated herein by this reference, Resolution No. 2007-07 Page 2 of 6 31A-36 ADOPTED this 8th day of January, 2007 by the following vote: AYES: Commissioners: Betancourt, De La Torre, Leo, Lutz (4) NOES: Commissioners: None (0) ABSENT: Commissioners: Cribb, Gartner (2) ABSTENTIONS: Commissioners: None (0) Christopher Leo Chairman APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee O. Otto Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Clerk of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2007-07 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on January 8, 2007. Date: Clerk of the Planning Commission City of Santa Ana Resolution No. 2007-07 Page 3 of 6 31A-37 Conditions for Approval for Variance No. 2006-19 Variance Nos. 2006-19 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 Uniform Fire Code, the Uniform Building Code, and all other applicable regulations. In addition, it shall meet the following conditions of approval: The applicant must comply with each and every condition listed below prior 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. Plannina Division 1. The project must remain in compliance with the submitted plans shown for the development as per DP No. 2006-76. 2. Prior to issuance of building permits, a copy of the deed restrictions and covenants for the project shall be submitted to the Planning Division for review and approval. 3. Prior to submitting plans into building plan check, the applicant shall submit landscape plans for review and approval by the Planning Division. 4, Prior to issuance of building permit, the applicant shall record a lot merger application for all 17 properties. B. Police Department 1. Lighting for the parking lots and walkways shall be in compliance with the Building Security Ordinance. C. Public Works 1. Replace damaged sidewalk adjacent to 1401, 1409, 1413 and 1439 S. Minnie Street as required by the Public Works Agency. 2. Remove unpermitted concrete pads in City parkways in front of 1439 S. Minnie Street and 1209 and 1233 E. Wilshire Street. 3. Remove and replace the alley driveway on Minnie Street between 1421 and 1425 S. Minnie Street. Exhibit A Resolution No. 2007-07 Page 4 of 6 31A-38 4. Repair the damaged section of pavement (approximately 6 feet by 10 feet) in the knuckle areas on Wilshire Avenue and Minnie Street and Borchard Avenue and Minnie Street. 5, Either provide evidence of dedication or dedicate a 10-foot by 10-foot corner cutoff at the entrance to the alley on Minnie Street between 1421 and 1425 S. Minnie Street. 6, Provide a 25-foot by 25-foot corner cutoff dedication at the northeast corner of Standard and Wilshire Avenues, 7, Improve the Standard/Wilshire Avenues corner cutoff with PCC and construct a new wheelchair ramp per City standards. Resolution No. 2007-07 Page 5 of6 31A-39 PROOF OF SERVICE (C.C.P. SECTION 1013(a), 2015.5) STATE OF CALIFORNIA, COUNTY OF ORANGE I am employed in the aforesaid county; I am over the age of eighteen and not a party to the within action; my business address is 20 Civic Center Plaza, Ross Annex 2nd, Santa Ana, California 92702. [insert the following here Addressee Address] [ ] I caused to be delivered by courier, such envelope by hand to the office of the addressee(s). [X] BY MAIL I am readily familiar with my employer's practice of collection and processing correspondence for mailing, Under that practice it would be deposited with U.S. Postal Service on that same day with postage thereon fully prepaid at Santa Ana, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. [ ] The document was transmitted by facsimile transmission and was reported as complete and without error. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on [date] at Santa Ana, California. MARTHA RAMIREZ Resolution No. 2007-07 Page 6 of 6 31A-40 KO -1/4/07 RESOLUTION NO. 2007-08 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2006-20 AS CONDITIONED TO ALLOW REDUCTIONS IN THE REQUIRED PARKING FOR THE PROPERTY LOCATED AT 1225 EAST WILSHIRE AVENUE BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of Variance No. 2006-20, for a reduction in the required parking for the property located at 1225 East Wilshire Avenue. B. Variance No. 2006-20 came before the Planning Commission on January 8, 2007 for a duly noticed public hearing. C. Section 41-681.3(3) of the Santa Ana Municipal Code (SAMC) requires nonconforming multiple-family residential projects to comply with the City's parking requirements if the number or size of the bedrooms will be increased on the site through rehabilitation. D. Section 41-1322 requires twenty-two (22) parking spaces for the proposed project site. The current site only has ten (10) parking spaces available. As such, a variance of twelve (12) parking spaces will be required. E. The Planning Commission determines that for Variance No. 2006-20 the following findings, which must be established pursuant to Santa Ana Municipal Code Section 41-638 in order to grant a variance from the provisions 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. Special circumstances are applicable to the subject site that necessitates a parking variance for the project. The subject site currently contains ten (10) parking spaces, 1.66 for each Resolution No. 2007-08 Page 1 of6 31A-41 unit. The applicant will be reducing the number of units on the premises from eight (8) to six (6), which will reduce the parking demand for the site. Additionally, occupancy restrictions will be established for the project that will result in a lesser number of residents than currently found on the premises, further reducing the need for parking. Therefore, the strict application of the zoning code would deprive the subject property of privileges. 2, That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The parking variance is necessary to preserve property rights as the owners will be rehabilitating the existing complex and providing affordable, rent controlled housing for residents of the City. 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 for a reduction in parking will not be detrimental to the area as the reduction in units, in conjunction with the occupancy restrictions, will result in a lower parking demand. 4. That the granting of a variance will not adversely affect the General Plan of the City, The granting of the variance will not adversely affect the City's General Plan in any way as the land use designation of Medium Density Residential (MR) allows the rehabilitation of existing apartment complexes. F. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review pursuant to Section 15301. This Class 1 exemption allows the repair, maintenance and minor alteration of existing structures with no expansion, Categorical Exemption No, 2006-208 will be filed for this project. Section 2. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Variance No, 2006-20 as conditioned in Exhibit A attached hereto and incorporated herein as though fully set forth, 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 8, 2007 and exhibits attached thereto; and the public testimony all of which are incorporated herein by this reference. Resolution No. 2007-08 Page 2 of 6 31A-42 ADOPTED this 8th day of January, 2007 by the following vote: AYES: Commissioners: Betancourt, De La Torre, Leo, Lutz (4) NOES: Commissioners: None (0) ABSENT: Commissioners: Cribb, Gartner (2) ABSTENTIONS: Commissioners: None (0) Christopher Leo Chairman APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee O. Otto Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Clerk of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2007-08 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on January 8, 2007. Date: Clerk of the Planning Commission City of Santa Ana Resolution No. 2007-08 Page 3 of6 31A-43 Conditions for Approval for Variance No. 2006.20 Variance Nos. 2006-20 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 Uniform Fire Code, the Uniform Building Code, and all other applicable regulations. In addition, it shall meet the following conditions of approval: The applicant must comply with each and every condition listed below prior 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. Plannina Division 1. The project must remain in compliance with the submitted plans shown for the development as per DP No. 2006-76, 2. Prior to issuance of building permits, a copy of the deed restrictions and covenants for the project shall be submitted to the Planning Division for review and approval. 3. Prior to submitting plans into building plan check, the applicant shall submit landscape plans for review and approval by the Planning Division. 4. Prior to issuance of building permit, the applicant shall record a lot merger application for all 17 properties, B. Police Department 1. Lighting for the parking lots and walkways shall be in compliance with the Building Security Ordinance. C. Public Works 1. Replace damaged sidewalk adjacent to 1401, 1409, 1413 and 1439 S. Minnie Street as required by the Public Works Agency, 2. Remove unpermitted concrete pads in City parkways in front of 1439 S. Minnie Street and 1209 and 1233 E. Wilshire Street. 3. Remove and replace the alley driveway on Minnie Street between 1421 and 1425 S. Minnie Street. Exhibit A Resolution No. 2007-08 Page 4 of 6 31A-44 4. Repair the damaged section of pavement (approximately 6 feet by 10 feet) in the knuckle areas on Wilshire Avenue and Minnie Street and Borchard Avenue and Minnie Street. 5, Either provide evidence of dedication or dedicate a 10-foot by 10-foot corner cutoff at the entrance to the alley on Minnie Street between 1421 and 1425 S, Minnie Street. 6. Provide a 25-foot by 25-foot corner cutoff dedication at the northeast corner of Standard and Wilshire Avenues. 7. Improve the Standard/Wilshire Avenues corner cutoff with PCC and construct a new wheelchair ramp per City standards, Resolution No. 2007-08 Page 5 of6 31A-45 PROOF OF SERVICE (C.C.P. SECTION 1013(a), 2015.5) STATE OF CALIFORNIA, COUNTY OF ORANGE I am employed in the aforesaid county; I am over the age of eighteen and not a party to the within action; my business address is 20 Civic Center Plaza, Ross Annex 2nd, Santa Ana, California 92702. [insert the following here Addressee Address] [ ] I caused to be delivered by courier, such envelope by hand to the office of the addressee(s). [X] BY MAIL I am readily familiar with my employer's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U,S. Postal Service on that same day with postage thereon fully prepaid at Santa Ana, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. [ ] The document was transmitted by facsimile transmission and was reported as complete and without error. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on [date] at Santa Ana, California. MARTHA RAMIREZ Resolution No. 2007-08 Page 6 of6 31A-46 KO -1/4/07 RESOLUTION NO. 2007-09 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2006-21 AS CONDITIONED TO ALLOW REDUCTIONS IN THE REQUIRED PARKING FOR THE PROPERTY LOCATED AT 1229 EAST WILSHIRE AVENUE BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of Variance No. 2006-21, for a reduction in the required parking for the property located at 1229 East Wilshire Avenue. B. Variance No. 2006-21 came before the Planning Commission on January 8, 2007 for a duly noticed public hearing. C. Section 41-681.3(3) of the Santa Ana Municipal Code (SAMC) requires nonconforming multiple-family residential projects to comply with the City's parking requirements if the number or size of the bedrooms will be increased on the site through rehabilitation, D. Section 41-1322 requires twenty-two (22) parking spaces for the proposed project site. The current site only has ten (10) parking spaces available, As such, a variance of twelve (12) parking spaces will be required. E. The Planning Commission determines that for Variance No. 2006-21 the following findings, which must be established pursuant to Santa Ana Municipal Code Section 41-638 in order to grant a variance from the provisions 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. Special circumstances are applicable to the subject site that necessitates a parking variance for the project. The subject site currently contains ten (10) parking spaces, 1.66 for each Resolution No. 2007-09 Page 1 of 6 31A-47 unit. The applicant will be reducing the number of units on the premises from eight (8) to six (6), which will reduce the parking demand for the site, Additionally, occupancy restrictions will be established for the project that will result in a lesser number of residents than currently found on the premises, further reducing the need for parking. Therefore, the strict application of the zoning code would deprive the subject property of privileges. 2, That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The parking variance is necessary to preserve property rights as the owners will be rehabilitating the existing complex and providing affordable, rent controlled housing for residents of the City, 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 for a reduction in parking will not be detrimental to the area as the reduction in units, in conjunction with the occupancy restrictions, will result in a lower parking demand. 4. That the granting of a variance will not adversely affect the General Plan of the City, The granting of the variance will not adversely affect the City's General Plan in any way as the land use designation of Medium Density Residential (MR) allows the rehabilitation of existing apartment complexes. F. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review pursuant to Section 15301. This Class 1 exemption allows the repair, maintenance and minor alteration of existing structures with no expansion. Categorical Exemption No, 2006-208 will be filed for this project, Section 2. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Variance No. 2006-21 as conditioned in Exhibit A attached hereto and incorporated herein as though fully set forth, 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 8, 2007 and exhibits attached thereto; and the public testimony all of which are incorporated herein by this reference. Resolution No. 2007-09 Page 2 of 6 31A-48 ADOPTED this 8th day of January, 2007 by the following vote: AYES: Commissioners: Betancourt, De La Torre, Leo, Lutz (4) NOES: Commissioners: None (0) ABSENT: Commissioners: Cribb, Gartner (2) ABSTENTIONS: Commissioners: None (0) Christopher Leo Chairman APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee O. Otto Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Clerk of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2007-09 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on January 8, 2007. Date: Clerk of the Planning Commission City of Santa Ana Resolution No, 2007-09 Page 3 of 6 31A-49 Conditions for Approval for Variance No. 2006-21 Variance Nos. 2006-21 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 Uniform Fire Code, the Uniform Building Code, and all other applicable regulations. In addition, it shall meet the following conditions of approval: The applicant must comply with each and every condition listed below prior 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. Plannina Division 1. The project must remain in compliance with the submitted plans shown for the development as per DP No. 2006-76. 2. Prior to issuance of building permits, a copy of the deed restrictions and covenants for the project shall be submitted to the Planning Division for review and approval. 3. Prior to submitting plans into building plan check, the applicant shall submit landscape plans for review and approval by the Planning Division. 4. Prior to issuance of building permit, the applicant shall record a lot merger application for all 17 properties. B. Police Department 1. Lighting for the parking lots and walkways shall be in compliance with the Building Security Ordinance. C. Public Works 1. Replace damaged sidewalk adjacent to 1401, 1409, 1413 and 1439 S. Minnie Street as required by the Public Works Agency. 2. Remove unpermitted concrete pads in City parkways in front of 1439 S. Minnie Street and 1209 and 1233 E. Wilshire Street. 3. Remove and replace the alley driveway on Minnie Street between 1421 and 1425 S. Minnie Street. Exhibit A Resolution No. 2007-09 Page 4 of 6 31A-50 4. Repair the damaged section of pavement (approximately 6 feet by 10 feet) in the knuckle areas on Wilshire Avenue and Minnie Street and Borchard Avenue and Minnie Street. 5. Either provide evidence of dedication or dedicate a 10-foot by 10-foot corner cutoff at the entrance to the alley on Minnie Street between 1421 and 1425 S. Minnie Street. 6. Provide a 25-foot by 25-foot corner cutoff dedication at the northeast corner of Standard and Wilshire Avenues. 7. Improve the StandardlWilshire Avenues corner cutoff with PCC and construct a new wheelchair ramp per City standards. Resolution No. 2007-09 Page 5 of 6 31A-51 PROOF OF SERVICE (C.C.P. SECTION 1013(a), 2015.5) STATE OF CALIFORNIA. COUNTY OF ORANGE I am employed in the aforesaid county; I am over the age of eighteen and not a party to the within action; my business address is 20 Civic Center Plaza, Ross Annex 2nd, Santa Ana, California 92702. [insert the following here Addressee Address] [ ] I caused to be delivered by courier, such envelope by hand to the office of the add ressee( s). [X] BY MAIL I am readily familiar with my employer's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. Postal Service on that same day with postage thereon fully prepaid at Santa Ana, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. [ ] The document was transmitted by facsimile transmission and was reported as complete and without error. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on [date] at Santa Ana, California. MARTHA RAMIREZ Resolution No. 2007-09 Page 6 of 6 31A-52 KO -1/4/07 RESOLUTION NO. 2007-10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2006-22 AS CONDITIONED TO ALLOW REDUCTIONS IN THE REQUIRED PARKING FOR THE PROPERTY LOCATED AT 1233 EAST WILSHIRE AVENUE BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of Variance No. 2006-22, for a reduction in the required parking for the property located at 1233 East Wilshire Avenue. B. Variance No. 2006-22 came before the Planning Commission on January 8, 2007 for a duly noticed public hearing. C. Section 41-681.3(3) of the Santa Ana Municipal Code (SAMC) requires nonconforming multiple-family residential projects to comply with the City's parking requirements if the number or size of the bedrooms will be increased on the site through rehabilitation. D. Section 41-1322 requires 35 parking spaces for the proposed project site. The current site only has 15 parking spaces available. As such, a variance of 20 parking spaces will be required. E. The Planning Commission determines that for Variance No. 2006-22 the following findings, which must be established pursuant to Santa Ana Municipal Code Section 41-638 in order to grant a variance from the provisions 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. Special circumstances are applicable to the subject site that necessitates a parking variance for the project. The subject site currently contains fifteen (15) parking spaces, 1.87 for Resolution No. 2007-10 Page 1 of 6 31A-53 each unit. The applicant will be reducing the number of units on the premises from twelve (12) eight (8), which will reduce the parking demand for the site. Additionally, occupancy restrictions will be established for the project that will result in a lesser number of residents than currently found on the premises, further reducing the need for parking. Therefore, the strict application of the zoning code would deprive the subject property of privileges. 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The parking variance is necessary to preserve property rights as the owners will be rehabilitating the existing complex and providing affordable, rent controlled housing for residents of the City. 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 for a reduction in parking will not be detrimental to the area as the reduction in units, in conjunction with the occupancy restrictions, will result in a lower parking demand. 4. That the granting of a variance will not adversely affect the General Plan of the City. The granting of the variance will not adversely affect the City's General Plan in any way as the land use designation of Medium Density Residential (MR) allows the rehabilitation of existing apartment complexes. F. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review pursuant to Section 15301. This Class 1 exemption allows the repair, maintenance and minor alteration of existing structures with no expansion. Categorical Exemption No. 2006-208 will be filed for this project. Section 2. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Variance No. 2006-22 as conditioned in Exhibit A attached hereto and incorporated herein as though fully set forth. 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 8, 2007 and exhibits attached thereto; and the public testimony all of which are incorporated herein by this reference. Resolution No. 2007-10 Page 2 of 6 31 A-54 ADOPTED this 8th day of January, 2007 by the following vote: AYES: Commissioners: Betancourt, De La Torre, Leo, Lutz (4) NOES: Commissioners: None (0) ABSENT: Commissioners: Cribb, Gartner (2) ABSTENTIONS: Commissioners: None (0) Christopher Leo Chairman APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee O. Otto Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Clerk of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2007-10 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on January 8, 2007. Date: Clerk of the Planning Commission City of Santa Ana Resolution No. 2007-10 Page 3 of 6 31A-55 Conditions for Approval for Variance No. 2006-22 Variance Nos. 2006-22 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 Uniform Fire Code, the Uniform Building Code, and all other applicable regulations. In addition, it shall meet the following conditions of approval: The applicant must comply with each and every condition listed below prior 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. Plannina Division 1 . The project must remain in compliance with the submitted plans shown for the development as per DP No. 2006-76. 2. Prior to issuance of building permits, a copy of the deed restrictions and covenants for the project shall be submitted to the Planning Division for review and approval. 3. Prior to submitting plans into building plan check, the applicant shall submit landscape plans for review and approval by the Planning Division. 4. Prior to issuance of building permit, the applicant shall record a lot merger application for all 17 properties. B. Police Department 1. Lighting for the parking lots and walkways shall be in compliance with the Building Security Ordinance. C. Public Works 1. Replace damaged sidewalk adjacent to 1401, 1409, 1413 and 1439 S. Minnie Street as required by the Public Works Agency. 2. Remove unpermitted concrete pads in City parkways in front of 1439 S. Minnie Street and 1209 and 1233 E. Wilshire Street. 3. Remove and replace the alley driveway on Minnie Street between 1421 and 1425 S. Minnie Street. Exhibit A Resolution No. 2007-10 Page 4 of 6 31A-56 4. Repair the damaged section of pavement (approximately 6 feet by 10 feet) in the knuckle areas on Wilshire Avenue and Minnie Street and Borchard Avenue and Minnie Street. 5. Either provide evidence of dedication or dedicate a 10-foot by 10-foot corner cutoff at the entrance to the alley on Minnie Street between 1421 and 1425 S. Minnie Street. 6. Provide a 25-foot by 25-foot corner cutoff dedication at the northeast corner of Standard and Wilshire Avenues. 7. Improve the StandardlWilshire Avenues corner cutoff with PCC and construct a new wheelchair ramp per City standards. Resolution No. 2007-10 Page 5 of 6 31A-57 PROOF OF SERVICE (C.C.P. SECTION 1013(a), 2015.5) STATE OF CALIFORNIA, COUNTY OF ORANGE I am employed in the aforesaid county; I am over the age of eighteen and not a party to the within action; my business address is 20 Civic Center Plaza, Ross Annex 2nd, Santa Ana, California 92702. [insert the following here Addressee Address] [ ] I caused to be delivered by courier, such envelope by hand to the office of the addressee(s). [X] BY MAIL I am readily familiar with my employer's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. Postal Service on that same day with postage thereon fully prepaid at Santa Ana, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. [ ] The document was transmitted by facsimile transmission and was reported as complete and without error. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on [date] at Santa Ana, California. MARTHA RAMIREZ Resolution No. 2007-10 Page 6 of6 31A-58 KO -1/4/07 RESOLUTION NO. 2007-11 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2006-23 AS CONDITIONED TO ALLOW REDUCTIONS IN THE REQUIRED PARKING FOR THE PROPERTY LOCATED AT 1401 SOUTH MINNIE AVENUE BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of Variance No. 2006-23, for a reduction in the required parking for the property located at 1401 South Minnie Avenue. B. Variance No. 2006-23 came before the Planning Commission on January 8, 2007 for a duly noticed public hearing. C. Section 41-681.3(3) of the Santa Ana Municipal Code (SAMC) requires nonconforming multiple-family residential projects to comply with the City's parking requirements if the number or size of the bedrooms will be increased on the site through rehabilitation. D. Section 41-1322 requires thirty-two (32) parking spaces for the proposed project site. The current site only has eighteen (18) parking spaces available. As such, a variance of fourteen (14) parking spaces will be required. E. The Planning Commission determines that for Variance No. 2006-23 the following findings, which must be established pursuant to Santa Ana Municipal Code Section 41-638 in order to grant a variance from the provisions 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. Special circumstances are applicable to the subject site that necessitates a parking variance for the project. The subject Resolution No. 2007-11 Page 1 of6 31A-59 site currently contains eighteen (18) parking spaces, 1.80 for each unit. The applicant will be reducing the number of units on the premises from twelve (12) to ten (10), which will reduce the parking demand for the site. Additionally, occupancy restrictions will be established for the project that will result in a lesser number of residents than currently found on the premises, further reducing the need for parking. Therefore, the strict application of the zoning code would deprive the subject property of privileges. 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The parking variance is necessary to preserve property rights as the owners will be rehabilitating the existing complex and providing affordable, rent controlled housing for residents of the City. 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 for a reduction in parking will not be detrimental to the area as the reduction in units, in conjunction with the occupancy restrictions, will result in a lower parking demand. 4. That the granting of a variance will not adversely affect the General Plan of the City. The granting of the variance will not adversely affect the City's General Plan in any way as the land use designation of Medium Density Residential (MR) allows the rehabilitation of existing apartment complexes. F. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review pursuant to Section 15301. This Class 1 exemption allows the repair, maintenance and minor alteration of existing structures with no expansion. Categorical Exemption No. 2006-208 will be filed for this project. Section 2. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Variance No. 2006-23 as conditioned in Exhibit A attached hereto and incorporated herein as though fully set forth. 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 8, 2007 and exhibits attached thereto; and the public testimony all of which are incorporated herein by this reference. Resolution No. 2007-11 Page 2 of 6 31A-60 ADOPTED this 8th day of January, 2007 by the following vote: AYES: Commissioners: Betancourt, De La Torre, Leo, Lutz (4) NOES: Commissioners: None (0) ABSENT: Commissioners: Cribb, Gartner (2) ABSTENTIONS: Commissioners: None (0) Christopher Leo Chairman APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee O. Otto Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Clerk of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2007-11 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on January 8,2007. Date: Clerk of the Planning Commission City of Santa Ana Resolution No. 2007-11 Page 3 of 6 31A-61 Conditions for Approval for Variance No. 2006-23 Variance Nos. 2006-23 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 Uniform Fire Code, the Uniform Building Code, and all other applicable regulations. In addition, it shall meet the following conditions of approval: The applicant must comply with each and every condition listed below prior 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. Plannina Division 1. The project must remain in compliance with the submitted plans shown for the development as per DP No. 2006-76. 2. Prior to issuance of building permits, a copy of the deed restrictions and covenants for the project shall be submitted to the Planning Division for review and approval. 3. Prior to submitting plans into building plan check, the applicant shall submit landscape plans for review and approval by the Planning Division. 4. Prior to issuance of building permit, the applicant shall record a lot merger application for all 17 properties. B. Police Department 1. Lighting for the parking lots and walkways shall be in compliance with the Building Security Ordinance. C. Public Works 1. Replace damaged sidewalk adjacent to 1401, 1409, 1413 and 1439 S. Minnie Street as required by the Public Works Agency. 2. Remove unpermitted concrete pads in City parkways in front of 1439 S. Minnie Street and 1209 and 1233 E. Wilshire Street. 3. Remove and replace the alley driveway on Minnie Street between 1421 and 1425 S. Minnie Street. Exhibit A Resolution No. 2007-11 Page 4 of 6 31A-62 4. Repair the damaged section of pavement (approximately 6 feet by 10 feet) in the knuckle areas on Wilshire Avenue and Minnie Street and Borchard Avenue and Minnie Street. 5. Either provide evidence of dedication or dedicate a 10-foot by 10-foot corner cutoff at the entrance to the alley on Minnie Street between 1421 and 1425 S. Minnie Street. 6. Provide a 25-foot by 25-foot corner cutoff dedication at the northeast corner of Standard and Wilshire Avenues. 7. Improve the StandardlWilshire Avenues corner cutoff with PCC and construct a new wheelchair ramp per City standards. Resolution No. 2007-11 Page 5 of 6 31A-63 PROOF OF SERVICE (C.C.P. SECTION 1013(a), 2015.5) STATE OF CALIFORNIA. COUNTY OF ORANGE I am employed in the aforesaid county; I am over the age of eighteen and not a party to the within action; my business address is 20 Civic Center Plaza, Ross Annex 2nd, Santa Ana, California 92702. [insert the following here Addressee Address] [ ] I caused to be delivered by courier, such envelope by hand to the office of the addressee(s). [X] BY MAIL I am readily familiar with my employer's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. Postal Service on that same day with postage thereon fully prepaid at Santa Ana, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. [ ] The document was transmitted by facsimile transmission and was reported as complete and without error. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on [date] at Santa Ana, California. MARTHA RAMIREZ Resolution No. 2007-11 Page 6 of 6 31A-64 KO -1/4/07 RESOLUTION NO. 2007-12 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2006-24 AS CONDITIONED TO ALLOW REDUCTIONS IN THE REQUIRED PARKING FOR THE PROPERTY LOCATED AT 1439 SOUTH MINNIE AVENUE BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of Variance No. 2006-24, for a reduction in the required parking for the property located at 1439 South Minnie Avenue. B. Variance No. 2006-24 came before the Planning Commission on January 8, 2007 for a duly noticed public hearing. C. Section 41-681.3(3) of the Santa Ana Municipal Code (SAMC) requires nonconforming multiple-family residential projects to comply with the City's parking requirements if the number or size of the bedrooms will be increased on the site through rehabilitation. D. Section 41-1322 requires thirty-two (32) parking spaces for the proposed project site. The current site only has eighteen (18) parking spaces available. As such, a variance of fourteen (14) parking spaces will be required. E. The Planning Commission determines that for Variance No. 2006-24 the following findings, which must be established pursuant to Santa Ana Municipal Code Section 41-638 in order to grant a variance from the provisions 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. Special circumstances are applicable to the subject site that necessitates a parking variance for the project. The subject Resolution No. 2007-12 Page 1 of 6 31A-65 site currently contains eighteen (18) parking spaces, 1.80 for each unit. The applicant will be reducing the number of units on the premises from twelve (12) to ten (10), which will reduce the parking demand for the site. Additionally, occupancy restrictions will be established for the project that will result in a lesser number of residents than currently found on the premises, further reducing the need for parking. Therefore, the strict application of the zoning code would deprive the subject property of privileges. 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The parking variance is necessary to preserve property rights as the owners will be rehabilitating the existing complex and providing affordable, rent controlled housing for residents of the City. 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 for a reduction in parking will not be detrimental to the area as the reduction in units, in conjunction with the occupancy restrictions, will result in a lower parking demand. 4. That the granting of a variance will not adversely affect the General Plan of the City. The granting of the variance will not adversely affect the City's General Plan in any way as the land use designation of Medium Density Residential (MR) allows the rehabilitation of existing apartment complexes. F. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review pursuant to Section 15301. This Class 1 exemption allows the repair, maintenance and minor alteration of existing structures with no expansion. Categorical Exemption No. 2006-208 will be filed for this project. Section 2. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Variance No. 2006-24 as conditioned in Exhibit A attached hereto and incorporated herein as though fully set forth. 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 8, 2007 and exhibits attached thereto; and the public testimony all of which are incorporated herein by this reference. Resolution No. 2007-12 Page 2 of 6 31A-66 ADOPTED this 8th day of January, 2007 by the following vote: AYES: Commissioners: Betancourt, De La Torre, Leo, Lutz (4) NOES: Commissioners: None (0) ABSENT: Commissioners: Cribb, Gartner (2) ABSTENTIONS: Commissioners: None (0) Christopher Leo Chairman APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee O. Otto Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Clerk of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2007-12 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on January 8,2007. Date: Clerk of the Planning Commission City of Santa Ana Resolution No. 2007-12 Page 3 of 6 31A-67 Conditions for Approval for Variance No. 2006-24 Variance Nos. 2006-24 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 Uniform Fire Code, the Uniform Building Code, and all other applicable regulations. In addition, it shall meet the following conditions of approval: The applicant must comply with each and every condition listed below prior 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. Plannina Division 1. The project must remain in compliance with the submitted plans shown for the development as per DP No. 2006-76. 2. Prior to issuance of building permits, a copy of the deed restrictions and covenants for the project shall be submitted to the Planning Division for review and approval. 3. Prior to submitting plans into building plan check, the applicant shall submit landscape plans for review and approval by the Planning Division. 4. Prior to issuance of building permit, the applicant shall record a lot merger application for all 17 properties. B. Police Department 1. Lighting for the parking lots and walkways shall be in compliance with the Building Security Ordinance. C. Public Works 1. Replace damaged sidewalk adjacent to 1401, 1409, 1413 and 1439 S. Minnie Street as required by the Public Works Agency. 2. Remove unpermitted concrete pads in City parkways in front of 1439 S. Minnie Street and 1209 and 1233 E. Wilshire Street. 3. Remove and replace the alley driveway on Minnie Street between 1421 and 1425 S. Minnie Street. Exhibit A Resolution No. 2007-12 Page 4 of 6 31A-68 4. Repair the damaged section of pavement (approximately 6 feet by 10 feet) in the knuckle areas on Wilshire Avenue and Minnie Street and Borchard Avenue and Minnie Street. 5. Either provide evidence of dedication or dedicate a 10-foot by 10-foot corner cutoff at the entrance to the alley on Minnie Street between 1421 and 1425 S. Minnie Street. 6. Provide a 25-foot by 25-foot corner cutoff dedication at the northeast corner of Standard and Wilshire Avenues. 7. Improve the StandardlWilshire Avenues corner cutoff with PCC and construct a new wheelchair ramp per City standards. Resolution No. 2007-12 Page 5 of 6 31A-69 PROOF OF SERVICE (C.C.P. SECTION 1013(a), 2015.5) STATE OF CALIFORNIA. COUNTY OF ORANGE I am employed in the aforesaid county; I am over the age of eighteen and not a party to the within action; my business address is 20 Civic Center Plaza, Ross Annex 2nd, Santa Ana, California 92702. [insert the following here Addressee Address] [ ] I caused to be delivered by courier, such envelope by hand to the office of the addressee(s). [X] BY MAIL I am readily familiar with my employer's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. Postal Service on that same day with postage thereon fully prepaid at Santa Ana, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. [ ] The document was transmitted by facsimile transmission and was reported as complete and without error. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on [date] at Santa Ana, California. MARTHA RAMIREZ Resolution No. 2007-12 Page 6 of6 31A-70