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HomeMy WebLinkAboutRESO 2020-07_1410 AND 1412 N BROADWAY (TPM)LS 2.24.20 RESOLUTION NO, 2020-07 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING TENATIVE PARCEL MAP NO. 2019-04 AS CONDITIONED TO ALLOW A CONDOMINIUM SUBDIVISION AT THE PROPERTIES LOCATED AT 1410 AND 1412 NORTH BROADWAY 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. Saul Delgado with Caboraca Investments Inc., representing Gleenwood Management LLC ("Applicant'), is requesting approval of Tentative Parcel Map ('TPM") No. 2019-04 to allow a condominium subdivision to facilitate the construction of three live/work units at 1410 and 1412 North Broadway. B. Pursuant to Santa Ana Municipal Code ("SAMC") Section 34-127, the Planning Commission is authorized to review and approve tentative parcel maps. C. TPM No. 2019-04 came before the Planning Commission of the City of Santa Ana on February 24, 2020, 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 TPM No. 2019-04, 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 General Plan land use designation and are otherwise consistent with all other Elements of the General Plan. The proposed project, its design, and improvements are consistent with the Professional and Administrative Office (PAO) land use designation of the General Plan and is consistent with all other elements of the General Plan and the applicable Midtown Specific Plan (SP-3) standards. The proposed subdivision of land will create three (3) condominium air -right units and is consistent with various provisions and goals of the General Plan such as Policy 2.4 of the Housing Element which encourages the construction Resolution No. 2020-07 Page 1 of 8 of diverse types, prices, and sizes of housing including mixed/multiuse housing and live/work units and Policies 2.7 and 2.10 of the Land Use Element which supports projects that contribute to the redevelopment and revitalization of the central City urban areas and that are in scale and character with the existing development in the area. 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 conforms to all applicable requirements of the zoning ordinance and all subdivision codes will be met. The proposed project conforms to the Broadway Corridor District (BCD) Sub -Zone of SP-3 provisions of the zoning code that pertain to number of units, lot size, parking, and landscaping; by doing so, the parcel and the construction within the parcel guarantee conformance to all standards of the SP-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 0.25 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 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 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. Resolution No. 2020-07 Page 2 of 8 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. 2019-17. 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 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 Broadway. In addition, the Applicant 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) and the CEQA Guidelines, the project is categorically exempt from further review per Section 15303 (Class 3 — New Construction or Conversion of Small Structures). The Class 3 exemption consists of construction and location of limited numbers of new, small facilities or structures. In urbanized areas, this exemption applies to apartments, duplexes and similar structures designed for not more than six dwelling units. In addition, this exemption also applies to up to four such commercial buildings not exceeding 10,000 square feet in floor area on sites zoned for such use if not involving the use of significant amounts of hazardous substances where all necessary public services and facilities are available and the surrounding area is not environmentally sensitive. The project consists of the construction of three live/work units and the subdivision of the parcel for condominium purposes. The project is consistent with the General Plan and zoning designation and will be serviced by all public utilities as required. Based on this analysis, a Notice of Exemption for Environmental Review No. 2019-49 will be filed for this project. Section 3. TPM No. 2019-04 shall not be effective unless and until the Planning Commission reviews and approves Conditional Use Permit No. 2020-01. If said approvals are held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise denied, then TPM No. 2019-04 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, Resolution No. 2020-07 Page 3 of 8 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 Planning Commission of the City of Santa Ana, after conducting the public hearing, hereby approves Tentative Parcel Map No. 2019-04 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 February 24, 2020, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 24th day of February 2020. AYES: Commissioners: CANO, CONTRERAS-LEO, GARCIA, MCLOUGHLIN, NGUYEN, PHAN, RIVERA (7) NOES: Commissioners: NONE ABSENT: Commissioners: NONE ABSTENTIONS: Commissioners: NONE Mark cLoughlin Chairperson Resolution No. 2020-07 Page 4 of 8 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY 1, SARAH BERNAL, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2020-07 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on February 24, 2020. Date: '7-V-I I'-W?o Recording Secretary City of Santa Ana Resolution No. 2020-07 Page 5 of 8 EXHIBIT A Conditions of Approval for Tentative Parcel Map No. 2019-04 Tentative Parcel Map No. 2019-04 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 Applicant shall meet the following conditions of approval: The Applicant must comply with each and every condition listed below prior to exercising the rights conferred by this tentative parcel 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 parcel map. 1. All proposed site improvements must conform to Development Project Review approval of DP No. 2019-17. 2. Any amendment to this tentative parcel map must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or if the tentative parcel map must be amended. 3. Applicant must submit Covenants, Conditions and Restrictions (CC&Rs) for the project to the Planning Division, Public Works Agency, and City Attorney's Office 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. 7. Prior to the issuance of a building permit, a Property Maintenance Agreement must be recorded against the property. The agreement will be 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 with the City of Santa Ana which shall Resolution No. 2020-07 Page 6 of 8 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; 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, obligations and responsibilities set forth under the maintenance agreement; and, 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 Resolution No. 2020-07 Page 7 of 8 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. Resolution No. 2020-07 Page 8 of 8