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Home My WebLink About32B - TENTATIVE PARCAL MAP 200 FIRST AMERICANREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 19, 2019 CLERK OF COUNCIL USE ONLY: TITLE: APPROVED 11 RECEIVE AND FILE STAFF REPORT ❑❑ APPROVING TENTATIVE PARCEL MAP ❑ NO. 2017-02 (COUNTY MAP NO. 2017-157) ❑ TO SUBDIVIDE A PARCEL INTO TWO ❑ LOTS AT 200 EAST FIRST AMERICAN WAY — KI RYU, APPLICANT (STRATEGIC PLAN NOS. 3,21 CITY MANAGER RECOMMENDED ACTION As Recommended As Amended Ordinance on 1s' Reading Ordinance on 2nd Reading Implementing Resolution Set Public Hearing For CONTINUED TO FILE NUMBER It is recommended that the City Council receive and file the staff report approving Tentative Parcel Map No. 2017-02 (County Map No. 2017-157) as conditioned. PLANNING COMMISSION ACTION At its regular meeting on January 16, 2019, the Zoning Administrator adopted a resolution approving Tentative Parcel Map No. 2017-02 as conditioned to subdivide an existing lot into two parcels at 200 East First American Way located in the Specific Development No. 43 (SD -43) zoning district. The approval was made pursuant to Section 34-126 of the Santa Ana Municipal Code (SAMC). The Zoning Administrator made two changes to the conditions of approval to clarify the conditions related to landscaping and conditions, covenants and restrictions (CC&R's) for the project. A condition of approval was also added that requires security fencing around the smaller remnant parcel (Exhibit A). DISCUSSION In 2017, The Legado Company received approval for a 278 -unit apartment project on a 3.1 -acre parcel of land. As part of the entitlements, the City Council set aside a section of land at the east end of the parcel for future high-rise development. Although a development proposal has not been submitted for this remainder section of land, staff has had discussions with the developer on various options, including a high-rise apartment tower and/or a hotel. Consistent with the Council's 2017 action, the applicant received approval from the Zoning Administrator to subdivide the 3.1—acre parcel into two lots. Parcel 1 is a 2.18 -acre parcel that will be occupied by the 278 -unit Legado at the Met mid -rise apartment development which has been entitled and is awaiting submittal into building plan check. This parcel is an irregular shaped lot that 32B-1 TPM No. 2017-02 — Subdivide Parcel at 200 East First American Way March 19, 2019 Page 2 is roughly 270 feet in width by 300 feet in length. Access to this parcel will be from a future driveway on First American Way. Parcel 2 will be a remainder vacant parcel that will be approximately 0.92 - acres in size. This irregularly shaped lot is approximately 110 feet in width and 330 feet in length, with access also to be taken from First American Way. Based on a review of the tentative parcel map by the Planning Division, Orange County Fire Authority, and Public Works Agency, the project has been designed to be in compliance with all applicable State codes as well as the development standards found in Chapters 34 (Subdivision) and 41 (Zoning) of the SAMC. Further, the map complies with all applicable SD -43 zoning district requirements, which do not have a minimum lot area or lot width standard. Table 1: Project and Location Information Project Address 200 East First American Way Nearest Intersection MacArthur Boulevard and MacArthur Place General Plan Designation District Center (DC) Zoning Designation Specific Development No. 43 (SD -43) Surrounding Land Uses North Office Uses East Office Uses/Parking Structure South Commercial/Office Use/Hotel West Hotel/Commercial Multi -Family Residential Property Size 3.1 Acres Existing Site Development The site is currently vacant Use Permissions Uses SD -43 Development Standards SD -43 Covenants, Conditions and Restrictions (CC&Rs) will be established once construction has commenced on both properties to define the operating and maintenance responsibilities for the parcels. The CC&Rs will also create a property owner's association responsible for maintenance and enforcement of the provisions contained within the CC&Rs. Any future easements and/or parking agreements will be incorporated into the CC&R's. Finally, the proposed subdivision is consistent with the District Center (DC) General Plan land use designation and all other elements of the General Plan. Full-sized site plans are available for public viewing in the Clerk of the Council Office. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project is exempt from further review. Categorical Exemption ER No. 2017-99 will be filed for this project. 32B-2 TPM No. 2017-02 — Subdivide Parcel at 200 East First American Way March 19, 2019 Page 3 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. Minh Thai Executive Director Planning and Building Agency VF:la S: RFCA\2019\03-5-19\PBA TTM 2017-02 RFCA Exhibit: 1. Zoning Administrator Staff Report 32B-3 32B-4 REQUEST '.. A � Zoning Administrator Action Y f. Z 9 T ZONING •- MEETING D. 1� FORN TITLE: PUBLIC HEARING -- FILED BY KI RYU FOR TENTATIVE PARCEL MAP NO. 2017-02 (COUNTY MAP NO. 2017-157) TO SUBDIVIDE A PARCEL INTO TWO LOTS AT 200 EAST FIRST AMERICAN WAY (STRATEGIC PLAN NO. 3, 21 Prepared by Vince Fregoso� EXHIBIT 1 ZONING ADMINISTRATOR SECRETARY APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For DENIED ❑ Applicant's Request ❑ Staff Recommendation CONTINUED TO Planning Mtger�' T ---..-- Adopt a resolution approving Tentative Parcel Map No. 2017-02 (County Map No. 2017-157) as conditioned. Re ug est of Applicant Ki Ryu, representing Legado at the Met LLC, is requesting approval of a tentative parcel map to subdivide an existing parcel into two lots at 200 East First American Way. Applications for commercial subdivisions of fewer than five parcels require approval of a parcel map by the Zoning Administrator pursuant to Section 34-126 of the Santa Ana Municipal Code (SAMC), Project Location and Site Description The project is located on a 3.1 -acre parcel of land located at the northeast corner of MacArthur Boulevard and MacArthur Place. The property Is rectangular in shape and relatively flat, but is situated approximately 25 feet below East First American Way, which is the northern border of the parcel. The site is currently vacant but has an approved entitlement to allow a 278 -unit apartment complex at the western side of the parcel. The subject site is located in the Specific Development No. 43 (SD -43) zoning district and has a General Plan land use designation of District Center (DC). The proposed use is consistent with both the zoning and General Plan designations. Land uses surrounding the site include high-rise office towers to the north, multi -family residential, a hotel and a commercial center to the south, mid -rise office towers and vacant land to the east, and a hotel, commercial and multi -family residential uses to the west. 32B-5 Tentative Parcel Map No. 2017-02 January 16, 2019 Page 2 Prolect Description The applicant is requesting approval of a parcel map to subdivide an existing 3.1—acre, vacant parcel of land into two lots. Parcel 1 will be 2.18 -acres in size and will be occupied by the Legado at the Met, a 278 -unit mid -rise apartment development that was most recently entitled in 2015 but has yet to be submitted into building plan check. Parcel 2 will be a remainder parcel that will be approximately 0.92 -acres in size. No development proposal has been submitted for this portion of the parcel. Prolect Background In 2005, the City Council approved several entitlements for the Geneva Commons project, a 278 -unit development that consisted of an eight -story and an 18 -story building. Due to a downturn in the economy, the developer was never able to move forward with the project. In 2015, Legado purchased the site and entitled a 284 -unit development that consisted of one five -story structure. Subsequently, Legado revised the entitlements and received approval to construct a 278 -unit apartment project over the majority of the site, carving out a 0.90 -acre section of the parcel at the east end for future high- rise development. Although, a development proposal has not been submitted for this remainder parcel, staff has had discussions with the developer on various options, including a high-rise apartment tower and/or a hotel. Proposals to create subdivisions of less than five parcels, such as the current project, require review and approval by the Zoning Administrator. Prolect Anaivsls 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 parcel 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 site is in conformance with all applicable City ordinances, 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 turn 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 parcel map. The applicant is seeking approval of a tentative parcel map to subdivide the 3.1 -acre parcel into two lots. In conjunction with the parcel map, the applicant is intending to start construction on a 278 -unit apartment development on the larger 2.18 -acre parcel while pursuing various development opportunities on the smaller 0.92 -acre site. Since this application is only to subdivide the lot into two parcels, no major Issues were identified with the proposal. In reviewing the project, staff determined that the proposal as conditioned is consistent with the various provisions of the City's Zoning Code, the Specific Development No. 43 (SD -43) provisions, and General Plan, including lot size, lot frontage, setbacks, lot coverage, and parking. Conditions of approval are proposed for the map to ensure the vacant parcel is maintained and does not become a blight on the area. No adverse Tentative Parcel Map No. 2017-02 January 16, 2019 Page 3 environmental impacts to fish or wildlife populations were identified as the project site is located in a built -out, urbanized area. Finally, the tentative parcel map was found to be consistent with the California Subdivision Map Act and Chapters 34 and 41 of the Municipal Code. Pwbhc Notification The project site is located not within the boundaries of a Neighborhood Association but is adjacent to the Sandpointe Neighborhood Association. The president of this Neighborhood Association was contacted by staff and was notified by mail 10 days prior to this public hearing. In addition, the project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners within 500 feet of the project site. At the time of this printing, no areas of concern were raised, nor had any correspondence, either written or electronic, been received from the neighborhood president or from any members of the public. CEQA Corr pLk nce In accordance with the California Environmental Quality Act, the recommended action is exempt from further review per Section 15315, This Class 15 exemption allows for the minor division of property provided it is in an urbanized area, is in conformance with the General Plan and Zoning, consists of four or fewer parcels, does not require any variances or other exceptions, was not involved in a division of a larger parcel within the past two years, and does not contain an average slope of greater than 20 percent. As the project entails the subdivision of an existing parcel of land into two lots, the buildings and sites will be in compliance with all provision of the Municipal Code, no adverse environmental impacts will result from the subdivision of land, the project does not require any variances, and the proposal involves a relatively flat parcel, it has been determined that the project will not have an effect on the environment, Categorical Exemption Environmental Review No. 2017-99 will be filed for this project. Strategic Plan Alitlnment Approval of this item supports the City's efforts to meet Goal No. 3 Economic Development, Objective No. 2. (create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies) of the Santa Ana Strategic Plan. Conclusion Based on the analysis provided within this report, staff recommends that the Zoning Administrator approve Tentative Parcel Map No. 2017-02 as conditioned. 32B-7 Tentative Parcel Map No. 2017-02 January 16, 2019 Page 4 LOOM14►2.- �N/ JF iICAIlq Vine Fregoso, AICP Principal Planner VF:sb Moporifff'M V-2 Legado at the Met.01101 B,za Exhibits: 1, Resolution 2. Vicinity Map 3. Site Plan 4. Tentative Parcel Map LS 01.10.19 RESOLUTION NO.2019-xx A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA APPROVING TENTATIVE PARCEL MAP 2017-02 (COUNTY MAP NO. 2017-157) AS CONDITIONED TO SUBDIVIDE A PARCEL INTO TWO LOTS AT 200 EAST FIRST AMERICAN WAY BE IT RESOLVED BY THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Zoning Administrator of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of a Tentative Parcel Map to allow the subdivision of a parcel into two lots at 200 East First American Way, B. Santa Ana Municipal Code Section 34-126 requires approval of a Tentative Parcel Map by the Zoning Administrator. C. On January 16, 2019, the Zoning Administrator held a duly noticed public hearing on Tentative Parcel Map 2017-02. D. The Zoning Administrator of the City of Santa Ana determines that the following findings, which must be established in order to approve this Tentative Parcel Map pursuant to Santa Ana Municipal Code (SAMC) Section 34-126 and the State Subdivision Map Act, have been established for Tentative Parcel Map 2017-02: 1. The proposed project, as conditioned, and its design and improvements are consistent with the Specific Development No. 43 (SD -43) zoning district provisions and are otherwise consistent with all other Elements of the General Plan. The proposed project, as conditioned, and its design and Improvements will be consistent with the District Center (DC) 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 two parcels that will remain consistent with the various provisions of the General Plan, including the maximum allowable floor area ratio. 2. The proposed project, as conditioned, conforms to all applicable requirements of the zoning and subdivision codes as well as other applicable City ordinances. Resolution No. 2019-xx Page 1 of 6 32B-9 LS 01,15.19 The proposed project, as conditioned, will conform to all applicable requirements of the zoning and subdivision codes as well as other applicable City ordinances. The proposed project, as conditioned, conforms to the land use provisions of the zoning code that pertain to lot size, lot frontage, landscaping, setbacks, lot coverage, and parking. 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 proposed project consists of the subdivision of a parcel into two lots, with a new 278 -unit apartment development entitled for the larger 2.18 -acre parcel that will be created (Parcel 1). The remaining 0,92 -acre lot (Parcel 2) will remain physically suitable for the site, will be in compliance with all applicable development standards of the zoning district, and is able to accommodate future construction. 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 site 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 public health problems, The proposed subdivision will not have any detrimental effects upon the general public. Each lot will Include the necessary utilities and infrastructure improvements as required under Development Project Review/TPM No. 2017-02. 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 through or use of the Resolution No. 2019-xx Page 2 of 6 32B-10 LS 01.16.19 property within the proposed project. No known easements currently exist on the property. The Applicant will ensure that all necessary easements, including but not limited to access, egress and drainage are provided once construction commences on the sites. Section 2. In accordance with the California Environmental Quality Act the recommended action is exempt from further review per Section 15315 (Class 15). This Class 15 exemption allows for the division of property in urbanized areas zoned for residential, commercial, or industrial use into four or fewer parcels when the division is in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcels to local standards are available, was not involved in a division of a larger parcel within the previous two years, and does not contain an average slope of greater than 20 percent. As the project entails the subdivision of an existing parcel of land into two lots, the buildings and sites will be In compliance with all provisions of the Municipal Code, no adverse environmental impacts will result from the subdivision of land, the project does not require any variances, and the proposal involves a relatively flat parcel, it has been determined that the project will not have an effect on the environment. Categorical Exemption Environmental Review No. 2017-99 will be filed 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. SS ctjon 44, The Zoning Administrator of the City of Santa Ana after conducting the public hearing hereby approves Tentative Parcel Map 2017.02, as conditioned as set forth in Exhibit A attached hereto and incorporated herein by reference, for the property located at 200 East (First American Way. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: The Request for Zoning Administrator Action dated January 16, 2019, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 16th day of January, 2019. Verny Carvajal, AICP Zoning Administrator Resolution No. 2019-xx Page 3 of 6 32B-11 LS 01.18.18 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney - -- Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY i, Sarah Bemal, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2019-xx to be the original resolution adopted by the Zoning Administrator of the City of Santa Ana on January 16, 2019. Date: Recording Secretary City of Santa Ana Resolution No. 2019-xx Page 4 of 6 32B-12 LS 01.16.19 EXHIBIT A Conditions of Approval Tentative Parcel Map No. 2017-02 is 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 California Building Standards Code and all other applicable regulations. The Applicant must comply in full with each and every condition listed below rior to exercising the rights conferred by this approval. The Applicant must remain in compliance with all conditions listed below throughout the life of the tentative parcel map. Failure to comply with each and every condition may result in the revocation of the tentative parcel map. 1. Two copies of the recorded final parcel map shall be submitted each to the Planning Division, Building Division and Public Works Agency within 10 days of recordation. 2. The tentative parcel map, final map and all improvements required to be made or installed by the subdivider shall be in accordance with the requirements and design standards and specifications of the City of Santa Ana Municipal Code and the requirements of the State Subdivision Map Act. 3. Landscaping is to be maintained in accordance with the landscape plan approved for the project. This shall include the minimum levels of plant materials shown on the landscape plan and installed at the time of recordation of Parcel No. 2 (Amended by the Zoning Administrator on January 16, 2019). 4. The Applicant shall submit for review and approval Conditions, Covenants and Restrictions (CC&R's) for the project. At a minimum, the CC&R's shall cover access, egress, drainage, and landscape maintenance (Amended by the Zoning Administrator on January 16, 2019). 5. Development within the area of the map is subject to development and permit fees in effect at the time of permit issuance. 6. The project must be in compliance with the provisions of Development Project ReviewlTPM (TPM No. 2017-02), Resolution No. 21718-xx Page 5 of 6 32B-13 LS 61.16.19 7. The property shall be maintained at all times. All weeds, debris and graffiti shall be removed within 24 hours. Further, the perimeter fence shall be maintained in a clean and sturdy condition. 8. The north, south and east property lines of Parcel No. 2 shall be fenced with a decorative 6 -Coot high wrought iron security fence (Added by the Zoning Administrator on January 16, 2019). Resolution No. 2019-xx Page 6 of 6 32B-14 1/6/2019 VICINITY ZONING AND AERIAL VIEW - fd 2014 Dinil-A Man Prthi0q. 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