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HomeMy WebLinkAbout2010-08• RESOLUTION NO. 2010-08 JF 8/9/10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING TENTATIVE TRACT MAP NO. 2009-01 AND DENSITY BONUS APPLICATION NO. 2010-01 TO ALLOW A FIVE-UNIT RESIDENTIAL DEVELOPMENT AT 5301 WEST SILVER DRIVE • 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 Tentative Tract Map No. NO. 2009-01 to five condominiums at 5301 W. Silver Drive. B. Applicant also is requesting approval of Density Bonus Application 2010- 01 approving deviations from the Two-Family Residence (R2) pursuant to Government Code Sections 65915, et seq. C. The Planning Commission of the City of Santa Ana held a duly noticed public hearing on August 9, 2010. Section 2. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as to Tentative Tract Map No. No. 2009-01 as follows: A. The proposed project, as conditioned, and its design and improvements are consistent with the Single-Family Residential (LR-7) designation on the General Plan and are otherwise consistent with all other Elements of the General Plan. ' • The project will be consistent with purpose of the general plan land use element, as it will further the goals and policies of the plan and not obstruct their attainment. Specifically, it will further Goal 3, Preserve and improve the character and integrity of existing neighborhood; Policy 3.1, Support development which provides a positive contribution to neighborhood character and identity; Police 3.5, Encourage new development and/or additions to existing development that is compatible in scale, and consistent with the architectural style and character of the neighborhood and Policy 5.5, Encourage development which is compatible with, and supportive of surrounding land uses. Additionally, the project provides infill housing, increases the housing stock, and preserves the character and integrity of the surrounding residential Resolution No. 2010-08 Page 1 of 7 neighborhoods. The project is not located within any specific plan • area of the city. B. The proposed project, as conditioned, conforms to all applicable requirements of the zoning and subdivision codes as well as other applicable city ordinances. The proposed project meets the letter and intent of the State of California Subdivision Map Act and conforms to Chapters 34 and 41 of the Santa Ana Municipal Code, which pertain to the subdivision, development standards for the site and the density bonus law. Additionally, the project will conform to other applicable codes and city ordinances as identified during the Site Plan Review process (DP No. 2008-36). Covenants, Conditions and Restrictions (CC&Rs) are required for the project, which need to be approved by the City prior to the City Council approval of the final map. C. The project site is physically suitable for the type and density of the proposed project. The proposed site consists of approximately 16,879 within the Two- Family Residence (R2) zoning district. The site's lot frontage, which is 97.5 feet, exceeds the minimum required, providing ample area to provide the requested two driveways off Silver Street. • Since the topography of the site is flat and its geometry is rectangular, the site has been determined to be physically suitable for a residential development at the proposed density since there are no physical constraints on the site to preclude development. D. The design and improvements of the proposed project. will not cause substantial environmental damage or substantially and avoidable injure fish or wild life or their habitat. The project site is located in an urbanized area and was previously developed with a single family dwelling and accessory structures. The project can be characterized as an infill development adequately served by alt required utilities and public services. There are no known fish or wildlife populations existing on the site. Therefore, the proposed subdivision will not cause any substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. E. The design or improvements of the proposed project will not cause serious public health problems. • The design or improvements of the proposed development will not cause serious public health problems. The proposed project will Resolution No. 2010-08 Page 2 of 7 comply with all applicable Title 24, California Building Code, and all • other applicable regulations intended to safeguard the public. As a residential use, there will be no hazardous material, noxious fumes or vibrations generated by the use. F. The design or improvements of the proposed project will not conflict with easements acquired by the public at large for access through or use of property within the proposed project. Approval of the tentative tract map for condominium purposed for this project will not create conflicts with any easements necessary for the public access through the subject property, as there are none identified on the most current title report. Section 3. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as to Density Bonus Application No. 2010-01 as follows: A. The proposed development will materially assist in accomplishing the goal of providing affordable housing opportunities in economically balanced communities throughout the city. The proposed five-unit residential development will materially assist in accomplishing the goal of providing affordable housing opportunities in an economically balanced community. The applicant will hold and convey one unit, representing 20 percent of the proposed development, to Low Income Households, thus increasing the total supply of affordable units available for that level of affordability. B. The development will not be inconsistent with the purpose of the underlying zone or applicable designation in the general plan land use element. As proposed, the project will be consistent with the purpose of the underlying zone. With the approval of the two deviations requested by the applicant, the project will comply with all applicable development standards established in the R2 zoning district and the guidelines within Citywide design standards. Additionally, the project will.be consistent with purpose of the general plan land use element, as it will further the goals and policies of the plan and not obstruct their attainment. Specifically, it will further Goal 3, Preserve and improve the character and integrity of existing neighborhood; Policy 3.1, Support development which provides a positive contribution to neighborhood character and identity; Police 3.5, Encourage new development and/or additions to existing development that is compatible in scale, and consistent with the architectural style and character of the neighborhood and Policy 5.5, Encourage development which is compatible with, and supportive of surrounding land uses. • Resolution No. 2010-08 Page 3 of 7 C. The deviation is necessary to make it economically feasible for the applicant to • utilize a density bonus authorized for the development pursuant to section 41- 1604. The deviations of the development standards requested are necessary to make the project economically feasible. Section 4. In accordance with the California Environmental Quality Act, the proposed project is exempt from CEQA review per Section 15332, class 32. The Class 32 exemption allows infill development projects occurring on lots less than five acres, where the site has no value as a habitat for endangered species, is adequately served by all required utilities and public services, will not result in any significant effects relating to traffic, noise, air and water quality, and is consistent with the applicable general plan, zoning and other policies. A Notice of Exemption for Environmental Review No. 2008-115 will be filed for this project. Section 5. The Planning Commission after conducting the public hearing hereby approves Tentative Tract Map No. NO. 2009-01 and Density Bonus Application 2010-01 as conditioned in Exhibit "A" attached hereto and incorporated herein. This decision is based upon the evidence submitted at the abovesaid hearing, which includes but is not limited to: the Request for Planning Commission Action dated August 9, 2010 and • exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 9th day of August, 2010 by the following vote: AYES: Commissioners: Alderete, Turner, Walters, Yrarrazaval (4) NOES: Commissioners: Acosta (1) ABSENT: Commissioners: Betancourt, Gartner (2) ABSTENTIONS: Commissioners: None (0) • Resolution No. 2010-08 Page 4 of 7 APPR D AS TO FORM: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2010-08 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on August 9, 2010. Date: _ 4 ~v /®~ Planning Commission Secreta City of Santa Ana ~J • Resolution No. 2010-08 Page 5 of 7 CONDITIONS Of APPROVAL FOR DENSITY BONUS APPLICATION NO. 2010-01 AND TENTATIVE TRACT MAP NO.2009-01 Conditions for Approval Tentative Tract Map No. 2009-01 and Density Bonus Application No. 2010-01 are approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Title 24, California Building Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below rip or to exercising the rights conferred by this tentative tract map. The applicant must remain in compliance with all conditions listed below throughout the life of the tract map. Failure to comply with each and every condition may result in the revocation of the vesting tentative tract map. A. Planning Division 1. All proposed site improvements must conform to the Site Plan Review approval of DP No. 2008-36. 2. The Tentative Tract Map, Final Map, and all improvements required of the subdivider shall be in accordance with the design standards and specifications of the Santa Ana Municipal Code and the requirements of the State Subdivision Map Act. 3. The covenants, conditions, and restrictions (CC&Rs) shall be reviewed and approved prior to approval of the final tract map, and shall be recorded prior to the issuance of building permits. 4. The final tract map shall be recorded within one year of the date of approval of the tentative map by the City Council. 5. The final tract map shall be approved and recorded prior to issuance of building permits. 6. Two copies of the recorded final map and CC&Rs shall be submitted each to the Planning Division, Fire Department, Building Division, and Public Works Agency within 10 days of recordation. All easements shall be recorded prior to or concurrent with the final map. 7. All utility meters and boxes shall be placed in vaults below grade. Any above grade meter and/or box shall be reviewed by the Planning Division • Manager to ensure all options have been reviewed. Resolution No. 2010-08 Page 6 of 7 8. Common area improvements shall be installed, inspected, and approved prior to the utility release of the first unit. 9. The applicant shall obtain written consent from every adjacent owner prior to the demolition and construction of the common perimeter wall to the west and north and east of the project. • • Resolution No. 2010-08 Page 7 of 7