Receive and file the staff report approving Tentative Tract Map No as conditioned.

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1 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: SEPTEMBER 18, 2018 TITLE: RECEIVE AND FILE STAFF REPORT APPROVING TENTATIVE TRACT MAP NO TO SUBDIVIDE AN EXISTING PROPERTY INTO FIVE PARCELS TO ALLOW THE CONSTRUCTION OF FIVE SINGLE- FAMILY RESIDENCES LOCATED AT 1102 NORTH KING STREET AN HA, APPLICANT STRATEGIC PLAN NO. 3, 2) APPROVED CONTINUED TO As Recommended As Amended Ordinance on 1s' Reading Ordinance on 2ntl Reading Implementing Resolution Set Public Hearing For CI' N MANAGER FILE NUMBER RECOMMENDED ACTION Receive and file the staff report approving Tentative Tract Map No as conditioned. PLANNING COMMISSION ACTION At its regular meeting on August 13, 2018, the Planning Commission by a vote of 7: 0, adopted a resolution approving Tentative Tract Map No as conditioned and Variance No as conditioned to allow the subdivision of an existing property into five parcels and a private street, and construction of five single-family residences located at 1102 North King Street. The Planning Commission made no changes to the modifications outlined in the attached staff report Exhibit A). DISCUSSION An Ha, representing Heritage Home Management, LLC., is requesting approval of a tentative tract map to permit the subdivision of an existing lot into five fee -simple parcels in order to construct five single-family residences. The proposed two- story homes and will have four or five bedrooms, with the smallest of the homes at 2, 510 square feet and the largest providing 3, 196 square feet of livable area. Each parcel will provide four vehicle parking spaces with two in a garage and two in the driveway. The private street will provide access to each property and will be maintained by the homeowner association under the CC& Rs ( Covenants, Conditions & Restrictions) for the property. The applicant will use different floor plans and color schemes throughout. The use of different materials and colors will help create a variation between the residences guaranteeing that each parcel has a unique architectural style that compliments the homes in the neighborhood. Based on the development of the five new single-family residences, the City is expected to generate 32A- 1

2 TTM No Subdivide Parcels at 1102 North King Street September 18, 2018 Page 2 approximately $ 90, 000 in permit fees. The full assessed value of the property is approximately 725, 000, up from $ 348,000 in The estimated assessed value for the individual property within the proposed subdivision will range from the mid -$200, 000 to the high $ 900, 000 for the total estimated value of $ 4 million. 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 - Objective # 2 ( create new opportunities for business/job growth development through new General Plan and Zoning Ordinance policies). Economic Development, and encourage private FISCAL IMPACT There is no fiscal impact associated with this action. Minh Thai Executive Director Planning and Building Agency IO: rb S: RFCA1201 M PBA TTM N King St Exhibit: A. Planning Commission Staff Report 32A-2

3 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: AUGUST 13, 2018 TITLE: PUBLIC HEARING TENTATIVE TRACT MAP NO AND VARIANCE NO TO SUBDIVIDE AN EXISTING PROPERTY INTO FIVE PARCELS TO ALLOW THE CONSTRUCTION OF FIVE SINGLE-FAMILY RESIDENCES LOCATED AT 1102 NORTH KING STREET AN HA, APPLICANT {STRATEGIC PLAN NO. 3, 2} Prepared by Ivan Orozco Executive Director PLANNING COMMISSION SECRETARY APPROVED DENIED CONTINUED TO As Recommended As Amended Set Public Hearing For Applicant's Request Staff Recommendation 4, 7_0JW_. Planning Manager RECOMMENDED ACTION 1. Recommend that the City Council adopt a resolution approving Tentative Tract Map No as conditioned and 2. Adopt a resolution approving Variance No (a) as conditioned to allow a reduction in front yard setback; and 3. Adopt a resolution approving Variance No (b) as conditioned to allow a reduction in rear yard setback. Executive Summary An Ha, representing Heritage Home Management, LLC., is requesting approval of a tentative tract map and two variances to permit the subdivision of an existing lot into five parcels in order to construct five single-family residences at 1102 North King Street. Specifically, the applicant is requesting variances from the minimum front yard setback and the rear yard setback. 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

4 TTM No , VAR No August 13, 2018 Page 2 Table 1: Project and Location Information Item Information Project Address Nearest Intersection 1102 North King Street King Street and 11 `h Street General Plan Designation Low -Residential ( LR -7) Zoning Designation Single -Family Residence (R1) Surrounding Land Uses Property Size North East South West Single -Family Residences Single -Family Residences Single -Family Residences Single -Family Residences Acres (44,819 square feet) Existing Site Development Use Permissions Zoning Code Sections Affected The site is currently developed vacant. Uses SAMC Sec Development Standards SAMC Sec Sec Front Yard Setback SAMC Sec Rear Yard Setback SAMC Sec Project Background In 2001, a development project submittal was made to the City to develop a new 4,200 -square foot church facility on the site, with the existing residential structure refurbished for a daycare facility. The project was approved by the Development Review Committee but was denied by the Planning Commission. In 2015, the City received a proposal to develop the site with five residential units. This proposal was designed to meet the minimum development standards for single-family residences as stated in the (R1) Zoning District, however, due to the shape of two of the parcels after the street design was incorporated, a variance for the setback requirements would be required on two of the residences. The initial submittal was similar to the current proposal, with one exception, the lots would be sold as condominium units instead of the fee simple lots. The street design was modified several times to meet the requirements of the Orange County Fire Authority minimum dimensions for fire truck service and for the Public Works Agency requirements for trash collection. The proposed project will improve a vacant lot with five residences, all of which will be two- story in design with attached two -car garages. Permit history indicates that a residential structure built in 1954 was recently demolished in anticipation of the new development. As the current design proposal has met all the necessary requirements for each of the DRC Agencies, Development Project Review was approved and the applicant was able to submit applications for discretionary approval of the tentative tract map and the two variances from the ( R1) development standards. 32A-4

5 1 TTM No , VAR No August 13, 2018 Page 3 Proiect Description The Villas de Rosa Subdivision project consists of the construction of five single-family residences and a private street. The proposal also includes a tentative tract map to create five individual fee -simple parcels. As each parcel is different in size and shape, the applicant has proposed to use different floor plans to work with the overall site design, but has also proposed to use different color schemes throughout. The use of different materials and colors will help create a variation between the residences; guaranteeing that each parcel has a unique architectural style complementary to the variety of homes in the neighborhood. In addition to aesthetic consideration and site design, the applicant has designed the two units adjacent to King Street to face the new private street and provide street presence on King Street. In order to minimize the feel of a private community. Table 2: Lot and Residence Information Villa Ue,,Ros'a:Sutidivision. House Garage Number Lot Lot Lot Size Square Square of Bedrooms Bathrooms Number Coverage footage Footage Stories Laundry 1 6,670 SF 2, 510 SF 427 SF 24% Yes 2 6, 177 SF 2, 832 SF 427 SF 28% Yes 3 6,016 SF 2, 369 SF 512 SF 26% Yes 4 6,055 SF 2, 961 SF 443 SF 31% Room Yes 1 5 6,066 SF 3, 196 SF 440 SF 31% Yes Design features and project amenities have been taken into consideration; such as providing an outdoor rear patio integrated into the architecture and backyard square footage larger than those seen in similar developments. The requested variance for rear yard setback relief to Lots 1 and 3 are not meant for the entire rear yard, but only a corner of the residential structures that encroach into the minimum 20 -foot requirement. To justify the relief requested from the variances, the applicant has incorporated several design measures into all five homes to provide a larger home without having to expand the building footprint. For example, each unit provides a 9 -foot ceiling height, which creates the appearance of a larger space. Another design feature that opens up the floor plan is having an open ground floor that allows the living room, dining room, and kitchen to flow seamlessly without any partitions. A full landscape design approach was also provided and will incorporate a tiered system of landscaping materials; trees, shrubs, and vines will be used throughout. A similar landscape design will be incorporated on the west side of the property where a five-foot dedication is provided for the future expansion of Fairview Street. 32A-5

6 TTM No , VAR No August 13, 2018 Page 4 Table 3: Development Standards R- 1, Single -Family Residence ( Sec. 4.1;- 233 of the SAMC Standard Required by SAMC Provided Street Frontage Fifty ( 50) Feet Fifty (50) Feet Building Height Twenty -Seven (27) Feet Twenty -Seven (27) Feet R- 1, Single -Family Residence Sec of the SAMC Lot Size 6, 000 Square Feet Minimum 6, 016 Square Feet Lot Coverage Thirty -Five ( 35) Percent Twenty -Four (24) to Thirty -One ( 31) Percent Front Yard Twenty ( 20) Feet Lot 1: Sixteen Feet Three Inches ( 16'- 3") Re uires Variance Side Yard ( Interior) Five ( 5) Feet Five (5) Feet Side Yard (Street Side) Ten ( 10) Feet Ten ( 10) Feet Lots 2-5: Twenty 20) Feet Rear Yard Single -Family Residential Twenty (20) Feet Lot 1: Eighteen Feet Nine Inches Requires Variance Lot 3: Nineteen Feet Eight Inches ( 19'- 8") Requires Variance Lots 2/ 4/5: Twenty ( 20) Feet Four (4) Spaces ( 2 Driveway 2 Gara Four (4) Spaces (2 Driveway + 2 Garage) e Proiect Analysis Tract Mao Subdivision requests are governed by Chapter 34 and Chapter 41 of the SAMC. Pursuant to Section and 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 need to be made that find the project is consistent with the General Plan, the 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 five fee -simple lots. Upon completion of the subdivision, the lots will continue to be utilized for residential use in the form of detached single-family structures. In reviewing the project, staff determined that the proposal as conditioned is consistent with the various provisions of the City's 32A-6

7 TTM No , VAR No August 13, 2018 Page 5 Zoning Code and General Plan, including lot size, lot coverage, and parking. Further conditions of approval have been included to bring the site' s landscaping, architectural design, and Covenant Conditions and Restrictions to be in compliance with all applicable standards of the SAMC. 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 Municipal Code. Variances Pursuant to SAMC Section ( a) ( 2), an application can be filed for a variance from the development standards of the zoning district. Variance request are governed by Section ) of the SAMC. Variances may be granted when it can be shown that there exists a special circumstance related to the property that is necessary for the preservation and enjoyment of substantial property rights. It must also be demonstrated that the approval of the variance will not be detrimental to the public or surrounding property, and will not adversely affect the General Plan. In analyzing the two variance requests, staff believes that the following analysis warrants staffs recommendation of approval for the two variances. The applicant' s request for variances from the development standards of the 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 subdivision of one parcel into five parcels and a street in order to construct five single-family residential structures is warranted by the fact that each propertys unique shape constrains the development of a uniform housing type construction. The two lots on which the variances for setbacks are being requested are Lot 1, which is requesting for both front and rear setbacks, and Lot 3 which would require a variance from the rear yard setback only. Lot 1 is located at the north east of the site and Lot 3 is located at the end of the cul-de-sac. The irregular shape of these two lots make it 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 being requested would allow the construction of a total of five single-family residential structures, which in tum 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. The applicant has requested a variance from two code requirements. Section of the Santa Ana Municipal Code requires that a front yard setback no less than twenty ( 20) feet be provided for any residential structure. Lot 1 has a portion of the required two -car garage that encroaches into the front yard by approximately four (4) feet. 32A-7

8 TTM No , VAR No August 13, 2018 Page 6 Section of the SAMC, which requires that a rear yard setback no less than twenty 20) feet be provided for any residential structure. Lot 1 has a portion of the garage that encroaches into the rear yard by approximately two feet. Lot 3 has a portion of the residential structure that encroaches into the rear yard by approximately four inches. Although the existing parcel is considered to be substantially larger in size than the adjacent R1 parcels, the subdivision of the property into five separate parcels and a street have created irregular shaped lots for the project. The variances which the applicant is requesting will provide a maximum use of the property and the proposed site plans will meet the remaining development standards of the SAMC and the Citywide Design Guidelines pertinent to single family structures. The overall project site provides an opportunity for additional housing and development that would otherwise continue to remain as a vacant, under-utilized parcel. These improvements will help to enhance the quality of life in the surrounding community. Furthermore, the project has been designed to be architecturally integrated with other single-family residences in the area and is consistent with Policies and 3.5 of the Land Use Element that supports new development which is compatible in scale and character with existing development in the area. The development of this vacant lot also supports Policy 1. 3 of the Housing Element that promotes a complementary mix of land uses that improves the character and stability of neighborhoods. Table 4: CEQA. Strateaic Plan Alignment, and Public Notification & Community Outreach CEQ& Strateg c Plan Alignment,; and Public Notification 8& Community Qutreach ;. CEQA CEQA Type Categorical Exemption [ Section 15332] Document Type Reason( s) Exempt or Analysis Goal( s), Policy or Policies In -Fill Development Projects Class 32 exemptions apply to in -fill development projects. The proposed five -unit 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 quality, or water quality. Strategic'Plan Alignment'::, Approval of this item supports the City's efforts to meet Goal # 3 Economic Development, Objective #2 ( create new opportunities for businessrjob growth and encourage private development through new General Plan and Zoning policies) P. ublic, Notificatibn & Community Outreach., Required Measures A public notice was posted on the project site on August 3, A-8

9 TTM No , VAR No August 13, 2018 Page 7 CEQA, Strategic Plan Alignment, and Public Notification & Commurii ty. Outreach Notification by mail was mailed to all property owners and occupants within 500 feet of the project site on August 3, Newspaper posting was published in the Orange County Reporter on August 3, The Artesia -Pilar Association representative was contacted to identify any areas of concern due to the proposed project. At the time this report was printed, no issues of concern were raised regarding the proposed development. Economic Development Benefits Based on the development of the.five new single-family residences, the City is expected, to generate approximately $90,000 in permit fees. Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Tentative Tract Map No and Variance No as conditioned. Ivan Orozco Assistant Planner II 10: sb S:\ Planning Commission12018t1102 N King Street TM VAR pc Exhibits: 1 Resolution 2 Vicinity Zoning and Aerial View 3 Site Photo 4 Site Plan 5 Elevations 6 Tentative Tract Map 32A-9

10 RESOLUTION NO xx LS A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING TENTATIVE TRACT MAP NO AND VARIANCE NO AS CONDITIONED TO ALLOW SUBDIVISION FOR FEE- SIMPLE LOTS AND CONSTRUCTION OF FIVE SINGLE FAMILY STRUCTURES WITH DEVIATIONS FROM FRONT AND REAR YARD SETBACK STANDARDS FOR THE PROPERTY LOCATED AT 1102 NORTH KING STREET BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. determines and declares as follows: The Planning Commission of the City of Santa Ana hereby finds, A. An Ha, representing Heritage Home Management, LLC., hereinafter referred as "Applicant," is requesting approval of Tentative Tract Map No and Variance No to allow a subdivision for single-family structures with deviations from the front and rear yard setback standards for the property located at 1102 North King Street. B. Pursuant to Santa Ana Municipal Code ( SAMC) Section , the Planning Commission is authorized to review and approve tentative tract maps. C. Pursuant to SAMC Section , the Planning Commission is authorized to review and approve variances for this project to: a) reduce the minimum front yard setback and b) reduce the rear yard setback as set forth by the SAMC. D. Tentative Tract Map No and Variance No came before the Planning Commission of the City of Santa Ana on August 13, 2018, for a duly noticed public hearing. E. To reduce the Lot 1 front yard setback to 16', the Lot 1 rear yard setback to 18', and the Lot 3 rear yard setback to 19', The Planning Commission of the City of Santa Ana determines that following findings, which must be established in order to grant Variance No , have been established as required by SAMC Section : 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 EXHIBIT 1 32A- 10

11 variance with Chapter. the intent and purpose of the provisions of this The project site has a special circumstance related to its size and shape that warrants variances. The proposed project will be comprised of five separate lots that meet the majority of the development standards pursuant to Section of the SAMC with the exception of Lot 1 and Lot 3 having a portion of the structures encroaching into the required front and rear yard setbacks. For Lot 1, the portion of the structure that impedes into the setback is part of the garage. Through the design review phase, it was identified that the location of the garage would better serve the lot towards the west of Lot 1, which would allow for the driveway apron and garage to be located on the newly developed street instead of a higher transited King Street. With this in mind, all the garages and driveways will be accessed from the new street including the garage for Lot 5 which also fronts on King Street. Lot 3 has a portion of the home encroaching into the rear yard by approximately four inches. Staff recognizes that a five-foot dedication has been requested to facilitate the future expansion of Fairview Street at the rear yard of Lot 3. This in turn creates an additional item of concern along with the unique shape of the lot that would deprive the property owner certain privileges do develop the lot. Additionally, a condition has been added to guarantee that the five-foot area of dedication be landscaped and maintained until the expansion occurs, therefore mitigating any trash dumping or collection of debris. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of these variances is necessary for the preservation and enjoyment of substantial property rights. The granting of the variances will preserve the property owner' s ability to develop a vacant lot with a use that is allowed in the Single -Family Residence ( R- 1) zoning district and will provide new housing opportunities to people wishing to move into the City. The lot size would allow for up to seven units; however, the applicant reduced the total number of units to five as a street design was incorporated, which allows for an improved street circulation and access to the parcels. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. 32A- 11

12 The granting of the variances will not be detrimental to the public or surrounding properties. As demonstrated in the site plan for the project, the site will have sufficient parking, open space, landscaping, and use of alternative materials to assure that the development of the site will provide an enhanced living condition to its residents. Therefore, the reduction in front and rear yard setbacks will not be detrimental to the surrounding community as it will not result in impacts affecting adjacent residential properties to the north, south, and east of the site. Further, the granting of the variance will allow the development of a vacant site and allow full use of the property. Finally, conditions have been placed to ensure that the site is in compliance with all other development standards and maintenance standards applicable to the property. 4. That the granting of a variance will not adversely affect the General Plan of the city. The project will not adversely affect the General Plan, but rather supports its goals. Goal 1 and 2 of the Land Use Element encourages uses that promote a balance of land uses that address basic community needs and enhance the City's economic and fiscal viability. The project complies with the majority of the ( R- 1) Single -Family Residence zoning district and addresses basic community needs such as additional housing opportunities which enhance the City' s economic and fiscal viability. Goal 3 of the Land Use Element is to preserve and improve the character and integrity of the neighborhoods. By subdividing the one -acre parcel into five single-family residential lots and developing single-family structure, the new development is preserving and improving the character of the neighborhood. In addition, Policy 5. 5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. The project will be located on a site surrounded by residential uses and will be compatible with the surrounding single family structures. Furthermore, Goal 6 strives for reducing residential overcrowding in order to promote public health and safety. By constructing five new single family homes, the project site is providing additional housing to the community that would not be available if the site remained vacant. Lastly, conditions of approval will also ensure that the project remains compatible with surrounding land uses and guarantees that on- site maintenance of the property will continue to occur. 32A- 12

13 F. The Planning Commission of the City of Santa Ana determines that following findings, which must be established in order to approve Tentative Tract Map No , have been established as required by SAMC Section and the California Subdivision Map Act: 1. The proposed project and its design and improvements are consistent with the Low Density -Residential ( LR) designation of the General Plan and are otherwise consistent with all other Elements of the General Plan. The proposed project and its design and improvements will be consistent with the Low Density -Residential ( LR) land use designation of the General Plan and are otherwise consistent with all other elements of the General Plan and any applicable specific plans. The proposed subdivision of land will create five ( 5) individual fee -simple parcels and will be consistent with the various provisions of the General Plan. 2. The proposed project conforms to all applicable requirements of the zoning and subdivision codes as well as other applicable City ordinances. The proposed project will conform to all of the requirements of the zoning ordinance except for those items that require a variance ( front and rear setbacks). All subdivision codes will be met as well as other applicable City ordinances. The proposed project conforms to the Single -Family Residential R1) provisions of the zoning code that pertain to lot size, parking, and landscaping; by doing so, the parcel and the construction within the parcel guarantee conformance to all R1 standards of the SAMC. 3. The project site is physically suitable for the type and density of the proposed project. The project site is physically suitable for the type and density of the proposed project. The current general plan land use density would allow for seven ( 7) density units per acre, with the proposed project only developing five ( 5) units. The proposed site consists of approximately acres of land and is physically suitable for the proposed development, where access to the site will be from King Street and the newly developed street. 32A- 13

14 4. The design and improvements of the proposed project will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. The design and improvements of the proposed project will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. Since the project is located in an urbanized area, there are no known fish or wildlife populations existing on the project site. Therefore, the proposed subdivision will not cause any substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. 5. The design or improvements of the proposed project will not cause serious public health problems. The design or improvements of the proposed project will not cause serious health problems, with the proposed subdivision not having any detrimental effects upon the general public. The property will include necessary utilities and infrastructure improvements as required under Development Project Review No The design or improvements of the proposed project will not conflict with easements necessary for public access through or use of the property within the proposed project. The design or improvements of the proposed project will not conflict with easements necessary for public access or use of the property within the proposed project since there are no existing and recorded easements for the property. The conceptual design of all construction for the property will not affect the proposed expansion of Fairview Street as consideration has been taken and the applicant has provided the five-foot dedication on the west of the parcel. The Applicant will be recording an easement necessary to ensure reciprocal rights between properties, including but not limited to access, egress, common areas, and drainage. Section 2. In accordance with the California Environmental Quality Act CEQA), the recommendation is exempt from further review pursuant to Section 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 32A- 14

15 endangered, rare or threatened species; 4. Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and 5. The site can be adequately served by all required utilities and public services. The project is consistent with the City's General Plan and the R- 1 development standards. The project meets several General Plan goals and policies, including Land Use Element' s Goal 1 ( to promote a balance of land uses to address basic community needs), Goal 2 ( to promote land uses which enhance the City' s economic and fiscal viability), and Goal 3 ( to preserve and improve the character and integrity of neighborhoods). Further, the proposed project will take place within city limits and is on a project site that is less than five acres in size and is surrounded by urban areas. The project site has no value as habitat for endangered, rare, or threatened species and is not identified in the General Plan as having such value. Approval of the project will not result in any significant effects relating to traffic, noise, air quality, or water quality. The City' s Planning Division and Public Works Agency have reviewed the proposed project and have determined that the amount of traffic, noise, air quality impacts, and water quality impacts are below thresholds that would warrant further analyses. Finally, the site will be served by all required utilities and public services as it is located within a heavily -urbanized area near the intersection of King and 11th Streets. Based on this analysis, a Notice of Exemption for Environmental Review No 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 and Variance No as conditioned in " Exhibit A", attached hereto and incorporated as though fully set forth herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated August 13, 2018, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 13th day of August 2018 by the following vote: AYES: NOES: Commissioners: Commissioners: 32A- 15

16 ABSENT: Commissioners: ABSTENTIONS: Commissioners: Mark McLoughlin Chairman APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney 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 xx to be the original resolution adopted by the Planning Commission of the City of Santa Ana on August 13, Date: Recording Secretary City of Santa Ana 32A- 16

17 EXHIBIT A Conditions for Anaroval for Tentative Tract Mau No Tentative Tract Map No 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 belownu for 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. Planninq Division 1. All proposed site improvements must conform to the Site Plan Review approval of DP No Any amendment to this Tentative Tract Map, including modifications to approved materials, finishes, architecture, site plan, landscaping, parking, and square footages, must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or if the site plan review must be amended. 3. Applicant must submit Covenants, Conditions and Restrictions ( CC& R' s) for the project to the case planner for review and approval prior to the final map being recorded. 4. The final map must be approved and recorded prior to issuance of building permits. 5. The final map and all improvements required to be made or installed by the subdivider must be in accordance with the design standards and specifications of the Santa Ana Municipal Code and the requirements of the State Subdivision Map Act. 6. Two copies of the recorded final map and CC& Rs shall be submitted each to the Planning Division, Fire Authority, Building Division, and Public Works Agency within 10 days of recordation. 32A- 17

18 7. Property Maintenance Agreement. Subject to review and applicability by the Planning and Building Agency, the Community Development Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained, Developer (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the applicant) shall execute a maintenance agreement or incorporate the form of this condition within the Projects CC& R's with the City of Santa Ana which shall be recorded against the property and which shall be in a form reasonably satisfactory to the City Attorney. The maintenance agreement shall contain covenants, conditions and restrictions relating to the following: a. Compliance with operational conditions applicable during any period( s) of construction or major repair ( e. g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing etc.); b. Compliance with ongoing operational conditions, requirements and restrictions, as applicable ( including but not limited to hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/ or restrictions on certain uses, c. Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable; d. Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon ( including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/ or weathered buildings, structures and/ or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable); e. If Developer and the owner of the property are different ( e. g., if the applicant is a tenant or licensee of the property or any portion thereof), both the applicant and the owner of the property shall be signatories to the maintenance agreement and both shall be jointly and severally liable for compliance with its terms. 32A- 18

19 f. The maintenance agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties and obligations and responsibilities set forth under the maintenance agreement. g. The maintenance agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/ or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property. The maintenance agreement shall further provide that any unreimbursed costs and/ or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City. h. The execution and recordation of the maintenance agreement shall be a condition precedent to the issuance of final approval for any construction permit related to this entitlement. 32A- 19

20 Conditions for Approval for Variance No Variance No 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 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 development project. Failure to comply with each and every condition may result in the revocation of the variance. A. Planning Division 1. All proposed site improvements must conform to the Site Plan Review approval of DP No A detailed landscape plan must be reviewed and approved prior to issuance of any building permits. In addition to the landscaping palette, the plan shall include details on the hardscape design. At a minimum, the project shall incorporate the amount and size of landscaping as shown on the preliminary landscape plans. The landscape plan shall also include all proposed walls, specifically the material proposed for the wall, which shall be block CMU. The exact specifications for these items are subject to the review and approval of the Planning Division. 3. After project occupancy, landscaping is to be maintained to include the minimum level of plant materials installed at the time of occupancy as required by the approved plans. 4. The westerly five feet of the property, adjacent to Fairview Street must be included in the landscape plan and be maintained for the length of time until the property is dedicated to the City. 32A-20

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