HomeMy WebLinkAbout181210_RESO 2018-36_3417 W FIFTH STREETLS 12.10.18
RESOLUTION NO. 2018-36
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING TENTATIVE
TRACT MAP NO. 2018-04 AS CONDITIONED TO ALLOW
AN EIGHT -UNIT SUBDIVISION FOR CONDOMINIUM
PURPOSES FOR THE PROPERTY LOCATED AT 3417
WEST FIFTH 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. David Duong, representing Little Saigon, LLC ("Applicant'), is requesting
approval of a tentative tract map to permit the subdivision of a proposed
eight -unit two-story attached tuck -under townhome development for
condominium purposes, for the vacant property located at 3417 West Fifth
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. Tentative Tract Map No. 2018-04 came before the Planning Commission
of the City of Santa Ana on December 10, 2018, for a duly noticed public
hearing.
D. 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. 2018-04, 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 Urban Neighborhood (UN) 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 Urban Neighborhood (UN) 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 eight (8) condominium air -right units and will
be consistent with the various provisions of the General
Plan.
Resolution No. 2018-36
Page 1 of 8
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. All subdivision codes will be met as well
as other applicable City ordinances. The proposed project
conforms to the Neighborhood Transitional Sub -Zone of the
Harbor Mixed -Used Transit Corridor Specific Plan (SP2)
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 Neighborhood
Transitional standards of the SP2.
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 a range from 12 to 18 units per acre,
depending on the building type. The proposed density of the
project is eight (8) units, which is well -below the minimum of
12. The proposed site consists of approximately 0.45 acres of
land and is physically suitable for the proposed development, F
where access to the site will be from Jackson Street and Fifth
Street.
4. The design and improvements of the proposed project will not cause
substantial environmental damage or substantially and avoidably
injure fish or wildlife or their habitat.
The design and improvements of the proposed project will
not cause substantial environmental damage or substantially
and avoidably injure fish or 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. Additionally,
the development of the property as proposed, has been
determined to be adequately evaluated in the previously
certified EIR No. 2014-01 as per Sections 15162 and 15168
of the CEQA guidelines.
5. The design or improvements of the proposed project will not cause
serious public health problems.
Resolution No. 2018-36
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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. 2015-41.
6. The design or improvements of the proposed project will not conflict
with easements necessary for public access through or use of,
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 any future proposed expansion or development of Fifth
Street.
Section 2. In accordance with the California Environmental Quality Act
(CEQA), the recommendation is exempt from further review pursuant to Section 15162
and 15168 (EIR No. 2014-01) of the State CEQA Guidelines. The proposed
development project has been determined to be adequately evaluated and is within the
scope of the previously certified EIR.
The project is consistent with the City's General Plan and Harbor Mixed -Used
Transit Corridor Specific Plan 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 at the northeast intersection of Fifth and
Jackson Streets. Based on this analysis, a Notice of Exemption for Environmental
Review No. 2018-10 will be filed for this project.
Resolution No. 2018-36
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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. 2018-04 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 10,
2018, and exhibits attached thereto; and the public testimony, written and oral, all of which
are incorporated herein by this reference.
ADOPTED this 10th day of December 2018, by the following vote:
AYES: Commissioners: CONTRERAS-LEO, MCLOUGHLIN, MENDOZA,
NGUYEN, VERINO (5)
NOES: Commissioners:
ABSENT: Commissioners: ALDERETE (1)
ABSTENTIONS: Commissioners:
4rcLMugn
Chairperson
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By
Lisa 91torck
Assistant City Attorney
Resolution No. 2018-36
Page 4 of 8
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, SARAH BERNAL, Recording Secretary, do hereby attest to and certify the attached
Resolution No. 2018-36 to be the original resolution adopted by the Planning
Commission of the City of Santa Ana on December 10, 2018.
Date: a2 I lip h C
OAkL/ S&PwL
Recording Secretary
City of Santa Ana
Resolution No. 2018-36
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Conditions of Approval
December 10, 2018
EXHIBITA
I. Conditions for Approval for Tentative Tract Map No. 2018-04
Tentative Tract Map No. 2018-04 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, Applicant 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. 2015-41.
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. 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.
Resolution No. 2018-36
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Conditions of Approval
December 10, 2018
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
Project's 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.
Resolution No. 2018-36
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Conditions of Approval
December 10, 2018
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 final map being recorded.
Resolution No. 2018-36
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