HomeMy WebLinkAbout2019-045 - Approving Tentative Tract Map No. 2017-04LS 6.4.19
RESOLUTION NO. 2019-045
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA APPROVING TENTATIVE TRACT MAP NO.
2017-04 AS CONDITIONED TO CONSOLIDATE THREE
EXISTING PARCELS INTO ONE DEVELOPMENT SITE
AND CREATE A SUBDIVISION OF 17 CONDOMINIUM
UNITS AT 3025 AND 3109 WEST EDINGER AVENUE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. Colleen Bathgate, representing Haphan Group Inc. ("Applicant'), is requesting
approval of Tentative Tract Map No. 2017-04 to consolidate three existing lots
into one development and subdivide the site for 17 condominium units on a
1.22-acre site at 3025 and 3109 West Edinger Avenue.
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. 2017-04 came before the Planning Commission of
the City of Santa Ana on May 13, 2019, for a duly noticed public hearing.
D. Tentative Tract Map No. 2017-04 came before the City Council of the City of
Santa Ana on June 4, 2019, for a duly noticed public hearing.
E. Subdivision requests are governed by Chapter 34 and Chapter 41 of the
SAMC. Pursuant to Section 66473.5 and 66474 of the California Subdivision
Map Act, applications for tentative tract maps are approved when certain
findings can be established.
F. The City Council of the City of Santa Ana determines that the following
findings, which must be established in order to approve Tentative Tract Map
No. 2017-04, have been established as required by Section 34-127 of the
SAMC and the California Subdivision Map Act:
1. The proposed project and its design and improvements are consistent
with the Medium Density Residential (MR-15) land use designation of
the General Plan and are otherwise consistent with all other Elements of
the General Plan.
Tentative Tract Map No. 2017-04 entails the consolidation of three
existing lots into a subdivision of 17 condominium units. The
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proposed project and its design and improvements are consistent
with various provisions of the City's Zoning Code and General Plan.
With General Plan Amendment No. 2017-03, which amends the
land use designation of the property to Medium Density Residential
(MR-15) and allows a maximum development density of 15 units
per acre. The proposed project is consistent with the designation at
a density of 15 dwelling units per acre. In addition, the project
supports several goals and policies of the General Plan. In specific,
General Plan Land Use Element, Goal 1 to promote a balance of land
uses to address basic community needs. Specifically, Policy 1.5 to
maintain and foster a variety of residential land uses. The project
will provide 17 for -sale townhome units. Policy 2.10 to support new
development which is harmonious in scale and character with
existing development in the area. The project is similar in scale and
character to the multi -family uses to the east along Edinger
Avenue. The project has been designed to be setback away from
the residential properties to the north, with limited windows on the
upper stories and trees to be planted to screen views. Policy 3.1 to
support development which provides a positive contribution to
neighborhood character and identity. The project will allow for
redevelopment of a vacant lot with a new residential development
with a contemporary design and variety of building materials along
a major arterial roadway. Housing Element, Goal 2 to provide a
diversity of quality housing, affordability levels, and living
experiences that accommodate Santa Ana's residents and
workforce of all household types, income levels, and are groups to
foster an inclusive community. Policy 2.5 to facilitate diverse types,
prices and size of housing, including single-family homes,
apartments, townhomes, mixed/multiuse housing, transit oriented
housing, multi -generational housing and live work opportunities.
The project will provide a for -sale townhome product with units that
range from two to three bedrooms with 1,170 to 2,021 square feet
in size.
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 is consistent with the City's zoning and
subdivision ordinances and all other applicable codes. The project is
located within the Two -Family Residences (R-2) zoning district which
allows for townhomes. The minimum development site size is 12,000
square feet with a minimum street frontage of 100 feet. The
proposed lot complies with the minimum lot size and lot frontage. In
addition, Covenants, Conditions and Restrictions (CC&Rs) will
address issues such as drainage, reciprocal access, landscaping
and maintenance that will be recorded prior to approval of the final
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map and is therefore consistent with Chapter 34 of the SAMC and
the California Subdivision Map Act.
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. 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. 2015-06.
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. In addition, the application will
be recording CC&Rs to ensure reciprocal rights and maintenance
agreements between properties.
Section 2. The City Council has reviewed and considered the information
contained in the initial study and the mitigated negative declaration (MND),
Environmental Review No. 2015-14, prepared with respect to this project. The City
Council has, as a result of its consideration and the evidence presented at the hearings
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on this matter, determined that, as required pursuant to the California Environmental
Quality Act (CEQA) and the State CEQA Guidelines, the MND adequately addresses
the expected environmental impacts of this project. There is no evidence from which it
can be fairly argued that the project will have a significant adverse effect on the
environment.
Section 3. Tentative Tract Map No. 2017-04 shall not be effective until the City
Council reviews, approves and adopts the Mitigated Negative Declaration Environmental
Review No. 2015-14 and General Plan Amendment No. 2017-03. If said approvals are
held to be invalid or unconstitutional by the decision of any court of competent jurisdiction,
or otherwise denied, then this tract map shall be null and void and have no further force
and effect.
Section 4. The Applicant shall indemnify, protect, defend and hold the City
and/or any of its officials, officers, employees, agents, departments, agencies,
authorized volunteers, and instrumentalities thereof, harmless from any and all claims,
demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether
legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative
dispute resolution procedures (including, but not limited to arbitrations, mediations, and
such other procedures), judgments, orders, and decisions (collectively "Actions"),
brought against the City and/or any of its officials, officers, employees, agents,
departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to
modify, set aside, void, or annul, any action of, or any permit or approval issued by the
City and/or any of its officials, officers, employees, agents, departments, agencies, and
instrumentalities thereof (including actions approved by the voters of the City) for or
concerning the project, whether such Actions are brought under the Ralph M. Brown
Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision
Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or
local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a
court of competent jurisdiction. It is expressly agreed that the City shall have the right to
approve, which approval will not be unreasonably withheld, the legal counsel providing
the City's defense, and that Applicant shall reimburse the City for any costs and
expenses directly and necessarily incurred by the City in the course of the defense.
City shall promptly notify the Applicant of any Action brought and City shall cooperate
with Applicant in the defense of the Action.
Section 5. The City Council of the City of Santa Ana, after conducting the public
hearing, hereby approves Tentative Tract Map No. 2017- 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 May 13, 2019, and exhibits
attached thereto; and the Request for City Council Action dated June 4, 2019, and exhibits
attached thereto; and the public testimony, written and oral, all of which are incorporated
herein by this reference.
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ADOPTED this 4th day of June, 2019.
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:
Lisa Storck
Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
Iglesias, Penaloza, Pulido, Sarmiento, Solorio,
Villegas(6)
None (0)
NOT PRESENT: Councilmembers None (0)
*Ward 4 Representative Vacant
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, NORMA MITRE, Acting Clerk of the Council, do hereby attest to and certify that the
attached Resolution No. 2019-045 to be the original resolution adopted by the City
Council of the City of Santa Ana on June 4, 2019.
Date: Z �Q/%'
Norma Mitre
Acting Clerk of the Council
City of Santa Ana
Resolution No. 2019-045
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EXHIBIT A
Conditions of Approval for Tentative Tract Map No. 2017-04
Tentative Tract Map No. 2017-04 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, the following conditions of approval are
applicable:
The Applicant must comply with each and every condition listed below prior 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 TTP No. 2017-04.
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. The CC&R's should include provisions to keep trash enclosure lids
closed when they are not in use and to plant and maintain trees and shrubs at
the side and rear property lines for screening and to provide privacy.
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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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, 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 which
shall include provisions that residents place a parking sticker on their
vehicles, 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.
f. The maintenance agreement shall further provide that any party
responsible for complying with its terms shall not assign its ownership
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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.
8. Prior to the issuance of building permits the Applicant shall comply with the
City's Housing Opportunity Ordinance.
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