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1 - TPM NO. 18-02
REQUEST FOR Zoning Administrator Action ZONING ADMINISTRATOR MEETING DATE: ZONING ADMINISTRATOR SECRETARY JULY 31, 2019 APPROVED TITLE: ¨ As Recommended ¨ As Amended ¨ Set Public Hearing For PUBLIC HEARING – FILED BY JOY HENDRICKS FOR TENTATIVE PARCEL MAP NO. 2018-02 (COUNTY MAP NO. 2016-165) TO SUBDIVIDE A SITE INTO TWO UNITS FOR CONDOMINIUM PURPOSES AT 2110, 2114, AND 2020 EAST FIRST STREET {STRATEGIC PLAN NO. 3, 2} DENIED ¨ Applicant's Request ¨ Staff Recommendation CONTINUED TO Prepared by Ali Pezeshkpour, AICP Planning Manager RECOMMENDED ACTION Adopt a resolution approving Tentative Parcel Map No. 2018-02 (County Map No. 2016-165) as conditioned. Request of Applicant Joy Hendricks, representing Broomell Commercial Properties (property owner), is requesting approval of a tentative parcel map to subdivide an existing parcel into two condominium units, one per each building, at the project site located at 2110, 2114, and 2020 East First Street. Applications for residential 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 6.89-acre parcel of land located on the south side of East First Street between Golden Circle Drive and Tustin Avenue. The property is rectangular in shape and flat. The site is currently vacant but has an approved entitlement to allow a 552-unit affordable mixed-use commercial and residential development on the site. The subject site is located in the General Commercial (C-2) zoning district and has a General Plan land use designation of District Center (DC). The site is located in the Metro East Mixed Use (MEMU) Overlay Zone (OZ-1). The entitled development is consistent with both the zoning and General Plan land use designations. Land uses surrounding the site include a midrise office building to the west, a private school to the south located in Tustin, a vacant automotive (commercial) leasing site to the east, and commercial uses and a permanent supportive housing site to the north. Tentative Parcel Map No. 2018-02 – AMG First Point Subdivision July 31, 2019 Page 2 Project Description The applicant is requesting approval of a parcel map to subdivide an existing site comprised of two lots into a single lot with two condominium units, one per each building that will be developed on the site. No subdivision for each residential or commercial unit is proposed, nor is a fee-simple subdivision proposed to create two fee-simple lots. Project Background AMG and Associates submitted plans for a mixed-use, affordable development at the subject site in August 2016. Through the Development Project Review process, the project was refined in scope to include a two-building development consisting of 552 affordable residential units and 10,000 square feet of leasable commercial space, landscaping, a leasing office, parking, and additional onsite amenities. Shortly after the development was approved by the Planning Commission in June 2018, the applicant expressed intent to submit a subdivision to create two parcels on the development site. The subdivision is intended to facilitate the development’s financing, which is split for each building due to the scale of the project and the mixed-use nature of the front building and the entirely- residential nature of the second building. The required Density Bonus Agreement for the project is subject to City Council approval as a separate item and remains pending as of the preparation of this Request for Zoning Administrator Action staff report. Staff worked with the applicant to ensure the subdivision type proposed would conform to City standards, and the applicant submitted the subject tentative parcel map for two condominium units in August 2018. Proposals to create subdivisions of less than five parcels, such as the current project, require review and approval by the Zoning Administrator. Project Analysis 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 subject parcels into a single lot with two condominium units, one per entitled building on the site. In conjunction with the parcel map, the applicant is intending to start construction on the mixed-use development entitled Tentative Parcel Map No. 2018-02 – AMG First Point Subdivision July 31, 2019 Page 3 by the Planning Commission on June 4, 2018 (Site Plan Review No. 2017-9). Since this application is only to create two condominium units, 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 C-2 zoning district and MEMU Overlay Zone standards including lot size, lot frontage, setbacks, lot coverage, and parking, as well as the City’s General Plan. Conditions of approval are proposed for the map to ensure the development site is maintained and does not become a blight on the area. 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 parcel map was found to be consistent with the California Subdivision Map Act and Chapters 34 and 41 of the Municipal Code. Public Notification The project site is located within the boundaries of the Lyon Street 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 Compliance 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 two-parcel site into one lot with two condominium units, 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. 2016-93 will be refiled for this project. Strategic Plan Alignment 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. Tentative Parcel Map No. 2018-02 – AMG First Point Subdivision July 31, 2019 Page 4 Conclusion Based on the analysis provided within this report, staff recommends that the Zoning Administrator approve Tentative Parcel Map No. 2018-02 as conditioned. ____________________ Ali Pezeshkpour, AICP Senior Planner VF:sb S:\Zoning Administrator\2019\07-31-2019\TPM 18-2 AMG First Point 07312019.za Exhibits: 1. Resolution 2. Vicinity Map and Aerial View 3. Site Plan 4. Tentative Parcel Map EXHIBIT 1 This page left blank intentionally. LS 07.24.19 Resolution No. 2019-xx Page 1 of 6 RESOLUTION NO. 2019-xx A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA APPROVING TENTATIVE PARCEL MAP 2018-02 (COUNTY MAP NO. 2016-165) AS CONDITIONED TO SUBDIVIDE A SITE CONSISTING OF TWO PARCELS INTO ONE LOT WITH TWO CONDOMINIUM UNITS AT 2110, 2114, AND 2020 EAST FIRST STREET 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 site consisting of two parcels into one lot with two condominium units at 2110, 2114, and 2020 East First Street. B. Santa Ana Municipal Code Section 34-126 requires approval of a Tentative Parcel Map by the Zoning Administrator. C. On July 31, 2019, the Zoning Administrator held a duly noticed public hearing on Tentative Parcel Map 2018-02. 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 2018-02: 1. The proposed project, as conditioned, and its design and improvements are consistent with the General Commercial (C-2) zoning district and Metro East Mixed Use (MEMU) Overlay Zone (OZ-1) 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 condominium units, one per building entitled under Site Plan Review No. 2017-9, for the project site, that will remain consistent with the various provisions of the General Plan, including the maximum allowable floor area ratio. LS 07.24.19 Resolution No. 2019-xx Page 2 of 6 2. The proposed project, as conditioned, conforms to all applicable requirements of the zoning and subdivision codes as well as other applicable City ordinances. The proposed subdivision and entitled development under Site Plan Review No. 2017-9, 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 two parcels into a single lot with two condominium units, one per entitled building, with a new mixed-use affordable residential and commercial development, and will be in compliance with all applicable development standards of the zoning district, and is able to accommodate the entitled development. 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 TPM No. 2018-02. LS 07.24.19 Resolution No. 2019-xx Page 3 of 6 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 property within the proposed project. Reciprocal access agreements between the project site and the adjacent midrise office building to the west at 2020 East First Street have been recorded, ensuring that all required life-safety access requirements will be maintained. The Applicant will ensure that any/all additional 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 two existing parcels of land into a single lot with two condominium units, one per building, 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. 2016-93 will be refiled 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 Zoning Administrator of the City of Santa Ana after conducting the public hearing hereby approves Tentative Parcel Map 2018-02, as conditioned as set forth in Exhibit A attached hereto and incorporated herein by reference, for the property located at 2110, 2114, and 2020 East First Street. 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 July 31, 2019, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. LS 07.24.19 Resolution No. 2019-xx Page 4 of 6 ADOPTED this 31st day of July, 2019. _______________________ Verny Carvajal, AICP Zoning Administrator LS 07.24.19 Resolution No. 2019-xx Page 5 of 6 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:________________________ 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-xx to be the original resolution adopted by the Zoning Administrator of the City of Santa Ana on July 31, 2019. Date: ________________ ____________________________________ Recording Secretary City of Santa Ana LS 07.24.19 Resolution No. 2019-xx Page 6 of 6 EXHIBIT A Conditions of Approval Tentative Parcel Map No. 2018-02 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 prior 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. Prior to recordation of the final map, 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. 4. The project must be in compliance with the provisions of Development Project Review/TPM (TPM No. 2018-02). 5. 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. EXHIBIT 2 This page left blank intentionally. 7/3/2019 . apps.spatialstream.com/production/dashboard/8/9/0/CurrentBuild/html/Reporting.html 1/1 TPM No. 2018-02, "AMG First Point Subdivision"2110, 2114, & 2020 East First Street Exhibit 2 - Vicinity Zoning and Aerial View © 2019 Digital Map Products. All rights reserved. Santa Ana Boundary Zoning 250 feet This page left blank intentionally. EXHIBIT 3 This page left blank intentionally. A2C1B1C1C1D2D2B2B2B2C2D1D1PASSAGE PASSAGE PASSAGE D1 ABVE.T.E.T.B1 ABVCOURTYARD 1COURTYARD 4COURTYARD 5D1L.D1OPEN TOB1PARKINGBELOWA2B1 ABVA2B1 ABVPASSAGE B1B1C1B1 ABVB1 ABVB2A2PASSAGE COURTYARD 6B2PASSAGEA2 B1B1B1 ABVA2B1 ABVB2PASSAGE COURTYARD 3B2C2 ABVPASSAGEPASSAGEB2B2PASSAGEC2AMENITY1771 SQ. FT.AMENITY1771 SQ. FT.C1B1D1D1B2 ABVADARRRRRRC2C2C2C1C1-AB1A2C1D1 ABVD1D1B2C2COURT 2ADAPASSAGEB1 ABVA2B2B2B1L.E.T.B2PASSAGEC1 ABVD1B2B1 ABVA2C2B1A1A2A ABVC2B2 ABVPASSAGE OPEN TO SKYOUTDOORLOUNGE806 SQ. FT.B1 ABVT.C2 ABVPUBLICARCADEBELOW(VOLUMESPACE)D2-BB1B1B1D1D1E.D1D1D2D2B1B1C2B1C1 ABVB1C1 ABVC2C2C2A2C2C2B1AMENITY938 SQ. FT.C1 ABVAMENITY938 SQ. FT.C1 ABVPASSAGEPASSAGEC2C2B2C2B1B1C1D1 ABVD2D2E.T.D1D1B1 B1B1PASSAGEB1 ABVE.T.B1 B1B1D1D1COURTYARD 1COURTYARD 2COURTYARD 35876 SQ. FT.5900 SQ. FT.4652 SQ. FT.SITTING247 SQ. FT.SITTING247 SQ. FT.16633 Ventura Blvd., Suite 1014Encino, CA 91436 (818) 380-2600cSANTA ANA, CA.16-131JOB NO:Architects Orange These plans are copyrightprotected. Under such protection unauthorizeduse is not permitted. These plans shall not bereproduced or used without written permissionby Architects Orange.12-08-2017DATE:ARCHITECTS ORANGEAMG & ASSOCIATES, LLC2114 E. 1st STREET APARTMENTS144 NORTH ORANGE STREET, ORANGE, CALIFORNIA 92866 (714) 639-986090'60'30'0'A-3.0SCALE: 1" = 30'RESIDENTIAL SITES A & BBUILDING PLANSITE 'B'SITE 'A'E. FIRST ST.NFIRST FLOOR (ABOVE PODIUM) BUILDING/SITE PLANCONCEPTUAL BUILDING PLAN This page left blank intentionally. EXHIBIT 4 This page left blank intentionally. PLANNING DIVISION REFERENCESREVISIONS 0 SCALE: 1" = 40' 20 40 80 PLANNING DIVISION REFERENCESREVISIONS 0 SCALE: 1" = 40' 20 40 80 This page left blank intentionally.