HomeMy WebLinkAbout32A - TENTATIVE TRACT MAP SUBDIVIDEREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JANUARY 16, 2018
TITLE:
RECEIVE AND FILE STAFF REPORT
APPROVING TENTATIVE TRACT MAP NO.
2017-02 TO SUBDIVIDE AN EXISTING
PARCEL FOR SINGLE-FAMILY
STRUCTURES AT 610 SOUTH NEWHOPE
STREET - STEVEN JONES, APPLICANT
(STRATEGIC PLAN NOS. 3,2)
CI Y MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1s' Reading
❑ Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Receive and file the staff report approving Tentative Tract Map No. 2017-02 as conditioned.
PLANNING COMMISSION ACTION
At its regular meeting on December 11, 2017, the Planning Commission by a vote of 6:0
(Alderete abstained), adopted a resolution approving Tentative Tract Map No. 2017-02 as
conditioned to subdivide an existing parcel into nine lots for condominium purposes at 610 South
Newhope Street located in the Two -Family Residence (R2) zoning district. Along with the
application for a Tentative Tract Map, the applicant also requested several variances for deviation
from the Santa Ana Municipal Code in order to construct the development. The variance requests
applied to the minimum lot width requirement, side yard setbacks, rear yard setbacks and the
separation requirement between residential structures. The Planning Commission made no
changes to the recommendation outlined in the attached staff report (Exhibit A).
DISCUSSION
The applicant, Steven Jones, representing Rocky Ly Diamond LLC., is proposing to subdivide an
existing 0.86 acre parcel into nine parcels to facilitate the construction of a new nine -unit single
family detached condominium development. Each of the nine proposed parcels will provide a
single-family residential structure. The proposed structures are three-bedroom, two -and -half
bathroom, two -car garage residences that average 1,812 square feet in size. Based on a review
of the tentative tract map by the Planning Division, Orange County Fire Authority, and Public
Works Agency, the project has been designed to be in compliance with the applicable
development standards found in Chapter 34 (Subdivision) and 41 (Zoning) of the Santa Ana
Municipal Code and applicable R-2 zoning district requirements, and also in compliance with all
applicable state codes.
32A-1
TTM No. 2017-02 — Subdivide Parcel at 610 South Newhope Street
January 16, 2018
Page 2
The project will provide an opportunity for additional housing on a parcel that is currently under-
utilized. These improvements will help to enhance the quality of life of the surrounding community.
Full-sized site plans are available for public viewing in the Clerk of the Council Office.
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal #3 - Economic Development,
Objective #2 (create new opportunities for business/job growth and encourage private
development through new General Plan and Zoning Ordinance policies).
FISCAL IMPACT
There is no fiscal impact associated with this action.
Candida Neal, AICP
Acting Executive Director
Planning & Building Agency
IO:rb
S:RFCA\2018\01-16-18\PBA TTM 17-02 610 S Newhope Condosm
Exhibit: A. Planning Commission Staff Report
32A-2
REQUEST FOR
Planning Commission Action
PLANNING COMMISSION MEETING DATE:
DECEMBER 11, 2017
TITLE:
PUBLIC HEARING - TENTATIVE TRACT MAP NO. 2017-
02 AND VARIANCE NO. 2017-08 TO ALLOW A
SUBDIVISION FOR SINGLE-FAMILY STRUCTURES
WITH DEVIATIONS TO FRONTAGE, SETBACKS, AND
BUILDING SEPARATION LOCATED AT 610 SOUTH
NEWHOPE STREET — STEVEN JONES, APPLICANT
{STRATEGIC PLAN NOS. 3,2)
Prepared by Ivan Orozco
PLANNING COMMISSION SECRETARY
APPROVED
❑
As Recommended
❑
As Amended
❑
Set Public Hearing For
DENIED
❑
Applicant's Request
❑
Staff Recommendation
CONTINUED TO
Acting Executive D rector Acting PIK ning Mag ger
RECOMMENDED ACTION
1. Adopt a resolution approving Tentative Tract Map No. 2017-02 as conditioned..
2. Adopt a resolution approving Variance No. 2017-08 as conditioned to allow reduction in
the minimum lot width requirement;
3. Adopt a resolution approving Variance No. 2017-08 as conditioned to allow reduction in
side yard setbacks;
4. Adopt a resolution approving Variance No. 2017-08 as conditioned to allow reduction in
rear yard setbacks; and
5. Adopt a resolution approving Variance No. 2017-08 as conditioned to allow reduction in
separation requirement between residential structures.
Executive Summary _
Steven Jones, representing Rocky Ly Diamond LLC., is requesting approval of a tentative tract
map and several variances to permit the construction of a new nine -unit single family detached
condominium development at the property located at 610 South Newhope Street. Specifically,
the applicant is requesting variances from the minimum lot width requirement, side yard
setbacks, rear yard setbacks and the separation requirement between residential structures. Staff
is recommending approval of the applicant's request due to the property's geometric design, size,
and unavoidable physical constraints for designing a functional site plan. The proposed project
has been designed to incorporate significant design features, articulating elevations, as well as
limiting the size of the structures in order to minimize any visual impacts on surrounding land
uses.
EXHIBIT A
32A-3
TTM No. 2017-02, VAR No. 2017-08
December 11, 2017
Page 2
Table 1: Proiect and Location Information
Item
Information
Project Address
610 South Newho a Street
Nearest Intersection
Newho a Street and McFadden Avenue
General Plan Designation
Low -Medium Residential (LMR -11)
Zoning Designation
Two -Family Residence R2
Surrounding Land'Uses
North Single -Family Residences
East Single-FamilySingfe-Family Residences
South Commercial/Residential
West Single -Family Residences
Site Size
0.86 Acres (37,620 square feet)
Existing :Site Development
The site is currently developed with a non -habitable 720 -square foot
single story residential structure
Attachments
Exhibit 1 (Resolution), Exhibit 2 (Vicinity Zoning and Aerial View),
Exhibit 3 (Site Photo), Exhibit 4 (Site Plan), Exhibit 5 (Floor Plans),
Exhibit 6 (Elevations), Exhibit 7 (Renderings), Exhibit 8 (Landscape
Pian)
Protect Background
In 2013, the City received a proposal to develop the site with nine residential units. This proposal
was designed to meet the "Townhome Standards" permitted in the (R2) Two -Family Residential
Zoning District. The design included three separate structures; each of the structures contained
three residential units. Although the project was resubmitted for additional review, :the applicant
later withdrew the project.'The current proposal for the site was submitted Jo the City Design
Review Committee (DRC) in February 2017. After the initial review was completed, staff provided
the applicant a detailed letter that included different requirements based on agency needs. The
applicant revised the plans to reflect the list of requirements from each agency.
As the revised proposal has met all the necessary requirements for each of the DRC Agencies,
the applicant was able to submit for the second phase of .the approval process; discretionary
approval of the tentative tract map and the variances from the (R2) development standards. Prior
to the Planning Commission Hearing, staff arranged for the applicant to go before the Planning
Commission Design Review Sub -Committee. During the meeting, the sub -committee members
were able to review the plans and comment on the entirety of the project. Some of the items that
were mentioned were the final color palette including door colors, whether the development will
be a gated community, parking and what the Home Owner's Association dues will cover.
Proiect Description
The 610 South Newhope Condo project consists of the construction of nine detached single
family residential structures. The proposal also includes a tentative tract map to create nin&
individual parcels in order to sell the parcels as detached condominiums. The applicant has
32A-4
TTM No. 2017-02, VAR No. 2017-08
December 11, 2017
Page 3
proposed to use four different floor plans as well as four different color schemes throughout. The
use of different materials and colors will help create variation between the residential structures,
guaranteeing that the 'bookie -cutter" effect will not be seen for this development.
Staff has worked attentively to guide the applicant in the direction that they can produce a project
that is completely 'but -of -the -box", considering the physical constraints of the '66 -foot wide by
570 -foot deep lot. An additional factor to consider is the existing single family properties to the
north and how to design a new two-story development that will transition from primarily one-story
construction to the commercially zoned properties to the south. By placing the structures on the
south portion of the lot, the single family residences to the north will continue to have privacy for
the backyard area.
The proposed units are three-bedroom, two -and -half bathroom, two -car garage residences that
average 1,812 square feet in size. The applicant has incorporated design measures to provide a
larger home without having to expand the building footprint. For example, each unit provides a 9 -
foot ceiling height, which makes the appearance of a larger space. Another design feature that
opens up the floor plan is having an open floor concept on the ground floor. To help create a
sense of place such as a small residential block, the property owner will be constructing a 4 -foot
wide sidewalk that connects all 9 units to .the front of the property. The drive aisle will also be
made with a combination of decorative pavers and stamped concrete. A full landscape design
approach was also provided and will incorporate a tier system of landscaping materials; trees,
bushes, and vines will be used throughout to mitigate any restrictiveness that the block walls may
convey.
Table 2: Development Standards
R=2; Two' Famil kisidence Sec. 41-246 of the;SAMC
Standard
Required by SAMC
Provided
Stteet,Fiontage (Lots'Containing!Two,
2 :or More:Dwellin" Units
j5 Feet
66 Feet
Building Height
27 Feet
27 Feet
Lot Coverage
50 Percent
32 Percent
Front Yard
20 Feet
20 Feet
Side Yards.
5,,Feet,
8 mches;on South -Elevation
Rear Yard.
15•.17eet. -
1*Feet
Buil ding 'Separatibm
15'feet
1" Feet.
Private Open Space
100 Square Feet
Range from 330 square feet to 802
s uare feet
Phrkiri -
Parking Type Number Re ulmd Number Provided
Garage Spaces 18 18
Driveway Spaces 18 18
Total Onsite Spaces 36 36
32A-5
TTM No. 2017-02, VAR No. 2017-08
December 11, -2017
Page 4
Project Analysis
Tract Map
Subdivision requests are governed by Chapter 34 and Chapter 41 of .the SAMC. Pursuant to
Section 66473.5 and 66474 of the California Subdivision Map Act, applications for tentative tract
maps are approved when it can be shown that findings can be made in support of the request.
Specifically, findings related to the proposal being consistent with the General Plan, the project site
is physically suitable for the type and density of the proposed project, the proposed project will not
cause substantial environmental damage or substantially and avoidably injure fish and wildlife or
their habitat, the proposed project will not cause serious public health problems, or the proposed
project will not conflict with easements necessary for public access through or use of the property
must be ,made. Using this information staff has prepared the following analysis, which, in tum forms,
the basis for the recommendation contained in this report. In analyzing the applicant's request,
staff believes that the following analysis•warrants approval of the tentative tract.map.
The applicant is seeking approval of a tentative tract map to subdivide an existing parcel of land
into nine lots for condominium purposes. Upon completion of the subdivision, the lots will continue
to be. utilized for residential use in the form of detached single-family structures with air rights. In
reviewing the project, staff determined that the proposal as conditioned is consistent with the
various provisions of the City's Zoning Code and General Plan, including lot -size, lot coverage,
and ,parking. Further conditions of approval have been included to ensure the project is in
compliance with all applicable standards of the SMAC. Further, no adverse environmental impacts
to fish or wildlife populations were identified as the project site is located in a built -out, urbanized
area, Finally, the tentative tract map was found to be consistent with the California Subdivision
Map Act and Chapter 34 of the SAMC.
Variance
The applicant's request for variances from the development standards of the Santa Ana Municipal
Code (SAMC) requires staff to identify findings for granting the variance. Of those findings, the site
has special circumstances that would otherwise be limiting the full use of the property if .the
requirements of the code are applied. The request to allow the construction of nine single-family
residential structures is warranted by the fact that property's unique shape constrains the
development of any type of housing construction. Not only is the lot narrower than the required
minimum width of a property with more than one residential structure, but the lot is extremely deep,
making this property difficult to develop without the use of a variance from the development
standards. Granting the variances allows the property owner the ability to provide additional housing
opportunities in the City of Santa Ana. The variances to allow the construction of the nine residential
structures will not be detrimental to the public welfare or injurious to the surrounding properties since
the single-family residences will be complimentary to the surrounding residential uses in the area.
Additionally, the granting of the variances is consistent with the General Plan vision of the City by
promoting continued economic investment to private development.
32A-6
TTM No. 2017-02, VAR No. 2017-08
December 11, 2017
Page 5
The applicant has requested a variance from several code requirements:
• Section 41-247.7 (b) of the SAMC requires that lots containing two or more dwelling units
shall have a street frontage of at least 75 feet. The lot is only 66 feet wide.
• Section 41-250 of the SAMC, which requires a side yard of not less than five feet. The
proposed garages are located eight inches from the south property line.
• Section 41-251 of the SAMC, which requires a minimum rear yard of 15 feet. The proposal
indicates that a portion of the rear unit (Unit No. 9) is approximately 10 feet from the rear
property line at the garage, with the rest of the building providing a setback of 16 feet.
• Section 41-254 of"the SAMC, which requires a minimum separation of 15 feet between
residential structures. The proposed development offers a variation of separation distance,
with a minimum of approximately seven -and -half feet.
Although the existing parcel is irregular in shape due to the extremely long depth, the variances to
which the applicant is requesting will allow the use of the property in a manner consistent with the
zoning code and General Plan. Further, the proposed project will meet the remaining development
standards of the SAMC and the Citywide Design Guidelines pertinent to single-family detached
structures.
The overall project provides an opportunity for additional housing and development that would
otherwise continue to have a vacant, under-utilized parcel. These improvements will help to
enhance the quality of life of the surrounding community, setting precedent to other residential
properties in the area with similar circumstances.
Table 3: CEQA. Strategic Plan Alignment, and Public Notification & Community Outreach
CEQA, Strate ic'Plan Alignment,, and Public Notification,& Community'Outreach
CEQA,.
CEQA Type
Categorical Exemption Section 15332
Document Type
In -Fill Development Projects
Reason(s)
Class 32 exemptions apply to In -fill development projects. The proposed nine -unit
Exempt or Analysis
development project is located on a primarily vacant parcel. The project is consistent with
the applicable general plan designation and all general plan policies, as well as with
applicable zoning designation. The proposed development occurs within city limits on a
project site of no more than five acres and has no value as a habitat for endangered, rare
or threatened species. Finally, the site can be adequately served by all required utilities
and approval of the project would not result in any significant effects relating to traffic,
noise, air ualit , or water quality,
Strategic -Plan Alignment _
Goal(s), Policy or
Approval of this item supports the City's efforts to meet Goal #3 — Economic Development,
Policies
Objective #2 (create new opportunities for business/job growth and encourage private
development through new General Plan and Zoning policies)
32A-7
TTM No. 2017-02, VAR No. 2017-08
December 11, 2017
Page 6
Public Notification & Community Outreach
Required Measures
A public notice was posted on the project site on November 30, 2017
Notification by mail was mailed to all property owners and occupants within 500 feet of the
project site on November 30, 2017.
Newspaper posting was published in the Orange County Reporter on December 1, 2017.
Conclusion
Based on the analysis. provided within this report, staff recommends that the Planning
Commission approve Tentative Tract Map No. 2017-02 and Variance No. 2017-08 as
conditioned.
10: sb
SAPlanning Commisslon120171TM 17-02 VAR 17-08 610 S Newhope Condos.pc
Exhibits: 1 — Resolution
2 — Vicinity Zoning and Aerial View
3 — Site Photo
4 — Site Plan
5 — Floor Plans
6 — Elevations
7 — Renderings
8 — Landscape Plans
32A-8
LS 12.11.17
RESOLUTION NO. 2017-45
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING TENTATIVE
TRACT MAP NO. 2017-02 AND VARIANCE NO. 2017-08 AS
CONDITIONED TO ALLOW A SUBDIVISION FOR
CONDOMINIUM PURPOSES AND ALLOW THE
CONSTRUCTION OF SINGLE-FAMILY STRUCTURES
WITH DEVIATIONS TO FRONTAGE, SETBACKS, AND
BUILDING SEPARATION STANDARDS FOR THE
PROPERTY LOCATED AT 610 SOUTH NEWHOPE
STREET
BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF
SANTA ANA AS FOLLOWS:
Section 1. The Planning Commission of the City of Santa Ana hereby finds,
determines and declares as follows:
A. Steven Jones, representing Rocky Ly Diamond LLC., hereinafter referred
as "Applicant," is requesting approval of Tentative Tract Map No. 2017-02
and Variance No. 2017-08 to allow a subdivision for single-family
structures with deviations from the frontage, setbacks, and building
separation standards for the property located at 610 South Newhope
Street.
B. Pursuant to Santa Ana Municipal Code (SAMC) Section 34-127, the
Planning Commission is authorized to review and approve tentative tract
maps.
C. Pursuant to SAMC Section 41-638, the Planning Commission is
authorized to review and approve variances to a) reduce the minimum
street frontage, b) reduce the side yard setback, c) reduce the rear yard
setback d) reduce the building separation as set forth by the SAMC.
D. Tentative Tract Map No. 2017-02 and Variance No. 2017-08 came before
the Planning Commission of the City of Santa Ana on December 11, 2017,
for a duly noticed public hearing.
E. The Planning Commission of the City of Santa Ana determines that
following findings, which must be established in order to grant Variance
No. 2017-08, have been established as required by SAMC Section 41-
638:
1. That because of special circumstances applicable to the subject
property, including size, shape, topography, location or
surroundings, the strict application of the zoning ordinance is found
Resolution No. 2017-45
Page 1 of 9
32XT 1
to deprive the subject property of privileges not otherwise at
variance with the intent and purpose of the provisions of this
Chapter.
The project site has a special circumstance related to its size
and shape that warrants a variance. The proposed project
will be located on a site with unusual width and depth
lengths. With a depth of approximately 570 feet, the property
creates difficulty in designing a functional layout of the
structures without encroaching into the setback requirements
and meeting the back-up distances, landscaping
requirements, and drive aisle widths for on-site services. The
"zero" lot setback that is proposed for the project will only be
used for the rear garage wall. Without this reduction the
width of the property at 66 feet wide will not allow for a
proper back-up distance required by code. The setback for
the remaining portion of the home will meet the side yard
setback distance of five feet. The separation distance of
seven -and -half feet will allow the structures to create a
suitable distance between each home and also allow
sufficient space for a hammerhead turnaround on the
property. Although the separation distance is less than
required by code, the design of the buildings and articulation
of the walls have provided more than sufficient private open
space for each of the homes. The minimum required by code
is 100 square feet, with the homes providing an average of
431 square feet private open space. The rear yard setback
requirement is 15 feet; however the proposed setback for
Unit 9 is only 10 feet for the garage wall. The applicant was
able to provide 16 feet for the rest of the home and
increased to private open space to 802 square feet to make
up for the absent five foot distance.
2. That the granting of a variance is necessary for the preservation
and enjoyment of one or more substantial property rights.
The granting of these variances is necessary for the
preservation and enjoyment of substantial property rights.
The granting of the multiple variances will preserve the
property owner's ability to develop a vacant lot with a use
that is allowed in the (R-2) Two -Family Residence zoning
district and will provide new housing opportunities to people
wishing to move into the City.
That the granting of a variance will not be materially detrimental to
the public welfare or injurious to surrounding property.
Resolution No. 2017-45
Page 2 of 9
32A-10
The granting of the variances will not be detrimental to the
public or surrounding properties. As demonstrated in the site
plan for the project, the site will have sufficient parking, open
space, landscaping, and use of alternative materials to
assure that the development of the site will provide an
enhance living condition to its residents. Therefore, the
reduction in lot frontage, setbacks, and building separation
will not be detrimental to the surrounding community as it will
not result in impacts affecting adjacent residential and
commercial properties to the north and south of the site.
Further, the granting of the variance will allow the
development of a vacant site and allow full use of the
property. Finally, conditions have been placed to ensure that
the site is in compliance with all other development
standards and maintenance standards applicable to the
property.
4. That the granting of a variance will not adversely affect the General
Plan of the city.
The project will not adversely affect the General Plan, but
rather supports its goals. Goal 1 and 2 of the Land Use
Element encourages uses that promote a balance of land
uses that address basic community needs. The project
complies with the majority of the (R-2) Two -Family
Residence zoning district and addresses basic community
needs such as additional housing opportunities which
enhance the City's economic and fiscal viability. In addition,
Policy 5.5 of the Land Use Element encourages
development that is compatible with and supporting of
surrounding land uses. The project will be located on a site
surrounded by residential uses and will be compatible with
the surrounding single family structures. Lastly, conditions of
approval will also ensure that the project remains compatible
with surrounding land uses and guarantees that on-site
maintenance of the property will continue to occur.
F. The Planning Commission of the City of Santa Ana determines that
following findings, which must be established in order to grant Tentative
Tract Map No. 2017-02, have been established as required by SAMC
Section 34-127 and the California Subdivision Map Act:
1. The proposed project and its design and improvements are
consistent with the Low -Medium Residential (LMR) designation of
the General Plan and are otherwise consistent with all other
Elements of the General Plan.
Resolution No. 2017-45
Page 3 of 9
32A-11
The proposed project and its design and improvements will
be consistent with the Low -Medium Residential (LMR) land
use designation of the General Plan and are otherwise
consistent with all other elements of the General Plan and
any applicable specific plans. The proposed subdivision of
land will create nine individual parcels with condominium
rights and will be consistent with the various provisions of
the General Plan.
2. The proposed project conforms to all applicable requirements of the
zoning and subdivision codes as well as other applicable City
ordinances.
The proposed project will conform to most of the requirements
of the zoning ordinance, except for those items that require a
variance. All subdivision codes will be met as well as other
applicable City ordinances. The proposed project conforms to
the (R2) Two -Family Residential provisions of the zoning
code that pertain to lot size, parking, landscaping, and floor
area ratio; by doing so, the parcel and the construction within
the parcel guarantee conformance to all R2 standards of the
SAMC.
3. The project site is physically suitable for the type and density of the
proposed project.
The project site is physically suitable for the type and density
of the proposed project. The current general plan land use
density would allow for 10.41 density units per acre, with the
proposed project only developing nine units. The proposed
site consists of approximately 0.86 acres of land and is
physically suitable for the proposed development, where
access to the site will be from Newhope Street.
4. The design and improvements of the proposed project will not cause
substantial environmental damage or substantially and avoidably
injure fish and wildlife or their habitat.
The design and improvements of the proposed project will
not cause substantial environmental damage or substantially
and avoidably injure fish and wildlife or their habitat. Since
the project is located in an urbanized area, there are no
known fish or wildlife populations existing on the project site.
Therefore, the proposed subdivision will not cause any
substantial environmental damage or substantially and
avoidably injure fish and wildlife or their habitat.
Resolution No. 2017-45
Page 4 of 9
32A-12
5. The design or improvements of the proposed project will not cause
serious public health problems.
The design or improvements of the proposed project will not
cause serious health problems, with the proposed subdivision
not having any detrimental effects upon the general public.
The property will include necessary utilities and infrastructure
improvements as required under Development Project
Review No. 2017-05.
6. The design or improvements of the proposed project will not conflict
with easements necessary for public access through or use of the
property within the proposed project.
The design or improvements of the proposed project will not
conflict with easements necessary for public access or use
of the property within the proposed project since there are no
existing and recorded easements for the property. The
conceptual design of all construction for the property will not
affect the proposed access easement. The Applicant will be
recording an easement necessary to ensure reciprocal rights
between properties, including but not limited to access,
egress, common areas, and drainage.
Section 2. In accordance with the California Environmental Quality Act
(CEQA), the recommendation is exempt from further review pursuant to Section 15332
(Class 32 "In -Fill Development Projects'). Class 32 exemption applies to projects
characterized as infill development meeting the following conditions: 1. The project is
consistent with the applicable general plan designation and all applicable general plan
policies as well as with applicable zoning designation and regulation; 2. The proposed
development occurs within city limits on a project site of no more than five acres
substantially surrounded by urban uses; 3. The project site has no value as habitat for
endangered, rare or threatened species; 4. Approval of the project would not result in
any significant effects relating to traffic, noise, air quality, or water quality; and 5. The
site can be adequately served by all required utilities and public services.
The project is consistent with the City's General Plan and the R-2 development
standards. The project meets several General Plan goals and policies, including the
Land Use Element's Goal 1 (to promote a balance of land uses to address basic
community needs), Goal 2 (to promote land uses which enhance the City's economic
and fiscal viability), and Goal 3 (to preserve and improve the character and integrity of
neighborhoods).
Further, the proposed project will take place within city limits and is on a project
site that is less than five acres in size and is surrounded by urban areas. The project
site has no value as habitat for endangered, rare, or threatened species and is not
identified in the General Plan as having such value. Approval of the project will not
Resolution No. 2017-45
Page 5 of 9
32A-13
result in any significant effects relating to traffic, noise, air quality, or water quality. The
City's Planning Division and Public Works Agency have reviewed the proposed project
and have determine that the amount of traffic, noise, air quality impacts, and water
quality impacts are below thresholds that would warrant further analyses.
Finally, the site will be served by all required utilities and public services as it is
located within a heavily -urbanized area near the intersection of Newhope Street and
McFadden Avenue. Based on this analysis, a Notice of Exemption for Environmental
Review No. 2017-12 will be filled for this project.
Section 3. The Applicant agrees to indemnify, hold harmless, and defend the
City of Santa Ana, its officials, officers, agents, and employees, from any and all liability,
claims, actions or proceedings that may be brought arising out of its approval of this
project, and any approvals associated with the project, including without limitation, any
environmental review or approval, except to the extent caused by the sole negligence of
the City of Santa Ana.
Section 4. The Planning Commission of the City of Santa Ana, after conducting the
public hearing, hereby approves Tentative Tract Map No. 2017-02 and Variance No. 2017-
08 as conditioned in "Exhibit A" attached hereto and incorporated as though fully set forth
herein. This decision is based upon the evidence submitted at the above said hearing,
which includes, but is not limited to: the Request for Planning Commission Action dated
December 11, 2017, and exhibits attached thereto; and the public testimony, written and
oral, all of which are incorporated herein by this reference.
ADOPTED this 111h day of December 2017 by the following vote:
AYES: Commissioners: BACERRA, CONTRERAS-LEO, MCLOUGHLIN,
MENDOZA, NGUYEN, VERINO (6)
NOES: Commissioners:
ABSENT: Commissioners:
ABSTENTIONS: Commissioners: ALDERETE (1)
Mark McLoughlin
Chairman
Resolution No. 2017-45
Page 6 of 9
32A-14
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:
Lisa Storck
Assistant City Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, SARAH BERNAL, Recording Secretary, do hereby attest to and certify the attached
Resolution No. 2017-45 to be the original resolution adopted by the Planning
Commission of the City of Santa Ana on December 11, 2017.
Date:
Recording Secretary
City of Santa Ana
32A-15
Resolution No. 2017-45
Page 7 of 9
EXHIBIT A
Conditions for Approval for Tentative Tract Mau No. 2017-02
Tentative Tract Map No. 2017-02 is approved subject to compliance, to the reasonable
satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal
Code, the California Administrative Code, the California Building Standards Code, and all
other applicable regulations. In addition, they shall meet the following conditions of
approval:
The Applicant must comply with each and every condition listed belowrip or to exercising
the rights conferred by this tentative tract map.
The Applicant must remain in compliance with all conditions listed below throughout the
life of the development project. Failure to comply with each and every condition may result
in the revocation of the tentative tract map.
A. Planning Division
1. All proposed site improvements must conform to the Site Plan Review approval
of DP No. 2017-05.
2. Any amendment to this Tentative Tract Map, including modifications to
approved materials, finishes, architecture, site plan, landscaping, parking, and
square footages, must be submitted to the Planning Division for review. At that
time, staff will determine if administrative relief is available or if the site plan
review must be amended.
3. Prior to submittal into Building Plan Check, the applicant must submit
Covenants, Conditions and Restrictions (CC&R's) for the project to the case
planner for review and approval.
4. Prior to approval of the final tract map or issuance of building permits, whichever
occurs first, the Covenants, Conditions and Restrictions (CC&Rs) shall be
recorded. At a minimum, the CC&Rs shall cover reciprocal common access and
shall be maintained in perpetuity.
5. The final map must be approved and recorded prior to issuance of building
permits.
6. The final map and all improvements required to be made or installed by the
subdivider must be in accordance with the design standards and specifications
of the Santa Ana Municipal Code and the requirements of the State Subdivision
Map Act.
Resolution No. 2017-45
Page S of 9
32A-16
Conditions of Approval
December 11, 2017
Page 2
7. Two copies of the recorded final map and CC&Rs shall be submitted each to
the Planning Division, Fire Authority, Building Division, and Public Works
Agency within 10 days of recordation.
Conditions for Approval for Variance No. 2017-08
Variance No. 2017-08 is approved subject to compliance, to the reasonable satisfaction of
the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the
California Administrative Code, the California Building Standards Code, and all other
applicable regulations. In addition, they shall meet the following conditions of approval:
The Applicant must comply with each and every condition listed belowrip or to exercising
the rights conferred by this variance.
The Applicant must remain in compliance with all conditions listed below throughout the
life of the development project. Failure to comply with each and every condition may result
in the revocation of the variance.
A. Planning Division
1. Approval by the Planning Division will be required for final design review of
the architectural style and materials for the homes prior to Building Plan
Check submittal.
2. A detailed landscape plan must be reviewed and approved prior to issuance of
any building permits. In addition to the landscaping palette, the plan shall
include details on the hardscape design. At a minimum, the project shall
incorporate the amount and size of landscaping as shown on the preliminary
landscape plans. The exact specifications for these items are subject to the
review and approval of the Planning Division.
3. After project occupancy, landscaping is to be maintained to include the
minimum level of plant materials installed at the time of occupancy as required
by the approved plans.
Resolution No. 2017-45
Page 9 of 9
32A-17
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