HomeMy WebLinkAboutRESO 2019-06_1514 AND 1516 N ENGLISH STREETLS 2.25.19
RESOLUTION NO. 2019-06
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING TENTATIVE
TRACT MAP NO. 2018-01 AS CONDITIONED TO ALLOW
THE SUBDIVISION OF TWO EXISTING LOTS INTO SIX
FEE -SIMPLE LOTS AT 1514 AND 1516 NORTH ENGLISH
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. Marwan Alfifai with Dania Investment, LLC ("Applicant') is requesting
approval of Tentative Tract Map No. 2018-01 to subdivide two existing lots
into six fee -simple lots and a private street to facilitate the construction of
six new single-family residential units at 1514 and 1516 North English
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. 2018-01 came before the Planning Commission
of the City of Santa Ana on February 25, 2019, for a duly noticed public
hearing.
D. The Planning Commission of the City of Santa Ana determines that the
following findings, which must be established in order to approve Tentative
Tract Map No. 2018-01, have been established as required by Section 34-
127 of the SAMC and the California Subdivision Map Act:
The proposed project and its design and improvements are
consistent with the Low Density Residential (LR -7) land use
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 -7) land
use designation of the General Plan and are otherwise
consistent with all other elements of the General Plan. The
proposed subdivision of land will create six (6) legal lots and
will be consistent with the various provisions of the General
Plan.
Resolution No. 2019-06
Page 1 of 7
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 City's zoning and subdivision ordinances and all other
applicable codes. The proposed project conforms to the
Single -Family Residence (R-1) provisions of the zoning code
that pertain to lot size and width, lot coverage, parking, and
landscaping; by doing so, the project and the construction
within the project site guarantee conformance to all
development standards of the R-1 zoning district.
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. There are no physical constraints on
the site that would preclude development. The proposed site
consists of approximately 1.22 acres of land and is physically
suitable for the proposed development. The lot size, density,
width, and lot coverage are consistent with the existing
surrounding properties in the neighborhood.
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. 2014-08.
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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 and improvements of the proposed project will
not conflict with easements necessary for public access or
use of the property within the proposed project. The
conceptual design of all construction for the property will not
affect potential improvements to English Street. In addition,
the application will be recording covenants, conditions and
restrictions (CC&Rs) to ensure reciprocal rights and
maintenance agreements between properties.
Section 2. In accordance with the California Environmental Quality Act
(CEQA), the project is exempt pursuant to CEQA Guidelines Section 15332, Class 32,
In -Fill Development. The proposed project is consistent with both the City of Santa Ana
General Plan land use designation that is applicable to the site and the City of Santa
Ana Zoning Ordinance. No General Plan Amendment or Zone Change will be required
to accommodate this project. In addition, the proposed project complies with the
applicable development standards. The project is located within City boundaries and on
a site less than five acres. No native or natural habitats are found within the project site
or adjacent parcels. The approval of the project would not result in any significant
effects relating to traffic, noise, air quality, or water quality. The project will be
adequately served by all required utilities and public services. Based on this analysis, a
Notice of Exemption for Environmental Review No. 2014-08 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.
Section 4. The Planning Commission of the City of Santa Ana, after conducting the
public hearing, hereby approves Tentative Tract Map No. 2018-01 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 February 25, 2019, and
exhibits attached thereto; and the public testimony, written and oral, all of which are
incorporated herein by this reference.
Resolution No. 2019-06
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ADOPTED this 25th day of February 2019 by the following vote:
AYES: Commissioners: ALDERETE, BENAVIDES, CANO, MCLOUHGLIN,
NGUYEN, VERINO (6)
NOES: Commissioners:
ABSENT: Commissioners: CONTRERAS-LEO
ABSTENTIONS: Commissioners:
Mark McLoughlin
Chairperson
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By: c < < rte
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. 2019-06 to be the original resolution adopted by the Planning
Commission of the City of Santa Ana on February 25, 2019.
Date: M6 -1I H AW141C_&_�
Recording Secretary
City of Santa Ana
Resolution No. 2019-06
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EXHIBIT A
Conditions of Approval for Tentative Tract Map No. 2018-01
Tentative Tract Map No. 2018-01 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, the following conditions of approval are
applicable:
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.
1. All proposed site improvements must conform to the Site Plan Review approval
of DP No. 2014-08.
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 to the
Planning Division, Building Division, Public Works Agency and Orange County
Fire Authority (OCFA) within 10 days of recordation.
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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, Applicant (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 Applicant 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. 2019-06 6.
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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.
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