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Home My WebLink About2007-07RESOLUTION NO. 2007-07 KO -1 /4/07 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 that for 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: 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 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 • 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) ~~~ , Christop r Leo Chairman APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney -i ,; ~ - 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. I~ Date: '""~ `" ~~ Clerk of the Planning Com ion City of Santa Ana Resolution No. 2007-07 Page 3 of 6 .~- • 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 rip or to exercising the rights conferred by this variance. The applicant must remain in compliance with all conditions listed below throughout the life of the variance. Failure to comply with each and every condition may result in the revocation of the variance. A. Planning Division 1. 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. Resolution No. 2007-07 Exhibit A Page 4 of 6 t 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 of 6 r • PROOF OF SERVICE (C.C.P. SECTION 1013(a), 2015.5) STATE OF CALIFORNIA, COUNTY OF ORANGE 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. 2007-07 Variance No. 2006-19 in this action by placing a true copy ereo enc ose in sealed enve opes a resse as follows: Barry Cottle Orange Housing Development Corporation 1110 East Chapman Avenue, Suite 200 Orange, CA 92866 [ ] 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 January 24, 2007 at Santa Ana, California. MA THA RAMIRE • Resolution No. 2007-07 Page 6 of 6