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HomeMy WebLinkAbout1 - TPM19-03 EXHIBIT 1 This page left blank intentionally. LS 11.20.19 Resolution No. 2019-xx Page 1 of 5 RESOLUTION NO. 2019-xx A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA APPROVING TENTATIVE PARCEL MAP 2019-03 (COUNTY MAP NO. 2019-101) AS CONDITIONED TO SUBDIVIDE AN EXISTING PARCEL INTO TWO LOTS AT 645 NORTH ROSS STREET AND 333 WEST SANTA ANA BOULEVARD 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 an existing parcel into two lots at 645 North Ross Street and 333 West Santa Ana Boulevard. B. Santa Ana Municipal Code Section 34-126 requires approval of a Tentative Parcel Map by the Zoning Administrator. C. On November 20, 2019, the Zoning Administrator held a duly noticed public hearing on Tentative Parcel Map 2019-03. 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 2019-03: 1. The proposed project, as conditioned, and its design and improvements are consistent with the Institutional (INS) designation of the General Plan 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 Institutional 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. LS 11.20.19 Resolution No. 2019-xx Page 2 of 5 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. Due to a property line temporarily being located through an existing building, a lot tie covenant will be recorded to maintain the properties as a single property until the building is demolished. 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 the parcel into two lots. No development is proposed on the lots at this time. The existing office buildings on the sites were designed and built to be physically suitable for the site and are in compliance with all applicable development standards of the zoning district. 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. 2019-03. 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 LS 11.20.19 Resolution No. 2019-xx Page 3 of 5 property within the proposed project. Public access easements currently exist on the properties since the site is the Civic Center complex for the County of Orange. The Applicant will be modifying and maintaining all easements necessary to ensure reciprocal rights between the properties, including but not limited to access, egress and drainage. 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, 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. 2018-139 will be filed for this project. Section 3. 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, and other and 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. LS 11.20.19 Resolution No. 2019-xx Page 4 of 5 Section 4. The Zoning Administrator of the City of Santa Ana after conducting the public hearing hereby approves Tentative Parcel Map 2019-03, as conditioned as set forth in Exhibit A attached hereto and incorporated herein by reference, for the property located at 645 North Ross Street and 333 West Santa Ana Boulevard. 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 November 20, 2019, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 20th day of November, 2019. _______________________ Verny Carvajal, AICP Zoning Administrator 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 November 20, 2019. Date: ________________ ____________________________________ Recording Secretary City of Santa Ana LS 11.20.19 Resolution No. 2019-xx Page 5 of 5 EXHIBIT A Conditions of Approval Tentative Parcel Map No. 2019-03 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. After project occupancy, 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 occupancy. 4. Prior to recordation of the final map, the Applicant shall ensure the existing Cooperative Agreement between the City and County of Orange covers access, egress, drainage, and landscape maintenance. 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 Review/TPM (TPM No. 2019-03). 7. Prior to recordation of the final map, a lot tie covenant shall be recorded for the parcels. The covenant shall be maintained on the site until County Building 12 is demolished. This page left blank intentionally. EXHIBIT 2 This page left blank intentionally. 1/4/2019 . http://apps.spatialstream.com/production/dashboard/8/9/0/CurrentBuild/html/Reporting.html#1/1 TENTATIVE PARCEL MAP NO. 2019-03, COUNTY OF ORANGE 645 N. ROSS STREET/333 W. SANTA ANA BOULEVARD 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. This page left blank intentionally. EXHIBIT 4 This page left blank intentionally. This page left blank intentionally.