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HomeMy WebLinkAboutRESO 2020-23 3100 and 3130 HARBORLS 07.27.2020 RESOLUTION NO. 2020-23 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING TENTATIVE PARCEL MAP NO. 2018-04 AND SPECIAL USE PERMIT NO. 2020-01 AS CONDITIONED TO SUBDIVIDE AN EXISTING COMMERCIAL DEVELOPMENT INTO TWO CONDOMINIUM UNITS FOR THE PROPERTY LOCATED AT 3100 AND 3130 SOUTH HARBOR BOULEVARD. 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. Sarah Bova, representing Kearny Real Estate Company ("Applicant'), is requesting approval of a tentative parcel map to subdivide an existing office development into two condominium units for the property located at 3100 and 3130 South Harbor Boulevard. B. Tentative parcel map ("TPM") applications require approval of a parcel map by the Zoning Administrator pursuant to Section 34-126 of the Santa Ana Municipal Code ("SAMC") and applications for a special use permit ("SUP") require approval by the Planning Commission. In an effort to expedite the discretionary process, both applications have been bundled for Planning Commission review. C. Subdivision requests are governed by Chapter 34 and Chapter 41 of the SAMC. Pursuant to Sections 66473.5 and 66474 of the California Subdivision Map Act, applications for tentative parcel maps are approved when certain findings can be established. D. Tentative Parcel Map No. 2018-04 (County Map No. 2018-190) and Special Use Permit No. 2020-01 came before the Planning Commission of the City of Santa Ana on July 27, 2020 for a duly noticed public hearing. E. The Planning Commission of the City of Santa Ana determines that the following findings, which must be established in order to approve Tentative Parcel Map No. 2018-04 (County Map No. 2018-190), have been established as required by SAMC Section 34-126 and the California Subdivision Map Act: The proposed project and its design and improvements are generally consistent with the Industrial (IND) designation of the General Plan and are otherwise consistent with all other Elements of the General Plan. Resolution No. 2020-23 Page 1 of 10 Tentative Parcel Map No. 2018-04 (County Map No. 2018- 190), as conditioned, and its design and improvements will be generally consistent with the Industrial (IND) General Plan land use designation. Further, the project is consistent with the Land Use Element, as the use provides employment opportunities for local residents, and generates municipal revenues for continued economic development. The proposed subdivision promotes Land Use Element Policy 5.4, which supports land uses that are consistent with the Land Use Element. Further, the site contains two office buildings that are legal -nonconforming as they were constructed in 1981 in full accordance with applicable development regulations in place at the time. 2. The proposed project conforms to all applicable requirements of the zoning and subdivision codes as well as other applicable City ordinances. Tentative Parcel Map No. 2018-04 (County Map No. 2018- 190), 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 provisions of Chapter 34 and 41 of the Santa Ana Municipal Code including parking, setbacks, and landscaping. Further, the site contains two office buildings that are legal -nonconforming as they were constructed in 1981 in full accordance with applicable development regulations in place at the time. Lastly, Covenants, Conditions and Restrictions (CC&Rs) will address issues such as drainage, reciprocal access, landscaping and maintenance and will be recorded prior to approval of the final map. 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 existing buildings on the subject site were constructed in compliance with applicable city standards at the time of construction in 1981. There is no new construction or building expansion proposed as part of this subdivision project. Any future development will comply with the provisions of the Santa Ana Municipal Code. 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. Resolution No. 2020-23 Page 2 of 10 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. Since the project is located in an urbanized area, there are no known fish or wildlife populations existing on the subject 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. All necessary utilities and infrastructure improvements currently exist and comply with City standards. Therefore, approval of this subdivision will not cause any serious public health problems. 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 designs or improvements associated with approval of the tentative parcel map will not conflict with easements necessary for public access through or use of the property within the proposed project. The project site will allow for shared common driveway access within the development which is outlined in the CC&Rs. The CC&Rs will ensure all ingress and egress easement and access will be maintained for the project site. F. A special use permit is required for commercial or industrial condominium conversion projects. The findings required for such special use permit requests are governed by SAMC Section 41-1807. For Special Use Permit No. 2020-01, the Planning Commission of the City of Santa Ana determines that the following findings have been established: 1. The proposed conversion of an existing commercial office development will not adversely impact the economic viability of large-scale commercial and industrial uses in the vicinity of the development, or in the city as a whole. The proposed conversion will not adversely impact the economic viability of large-scale commercial and industrial uses in the vicinity of the development, or in the city as a Resolution No. 2020-23 Page 3 of 10 whole. The site is located in a clean -tech industrial area at the southwestern portion of the City adjacent to the San Diego (1-405) Freeway and within an existing commercial office development that offers various office type uses. There is no proposed physical expansion of the existing buildings for this project. The condominium ownership will allow a new tenant or owner to lease or own a portion of the subdivided office building, thereby identifying the area as a stable and viable location for potential economic investment. 2. The proposed conversion of an existing commercial office development includes sufficient provisions for governance, funding and capitalization, and enforcement mechanisms to insure that the common area continues to be adequately and safely maintained and repaired for the life of the common interest development. The proposed conversion includes sufficient provisions for governance, funding and capitalization, and enforcement mechanisms to insure that the common area continues to be adequately and safely maintained and repaired for the life of the common interest development. The creation of two condominium units will not negatively affect the property or maintenance of the site. The site is currently being maintained by a single ownership entity and will continue to operate uniformly with the establishment of new CC&Rs. Additionally, the CC&Rs for the proposed project will facilitate future maintenance between the different property owners. 3. The proposed conversion of an existing commercial office development includes sufficient provisions for the retention of such common areas for the use of all owners of separate interests therein. The proposed conversion includes sufficient provisions for the retention of such common areas for the use of all owners of separate interests therein. The proposed subdivision will maintain the existing parking and common areas open to all condominium owners. Additionally, the CC&Rs will ensure that all parties are granted proper access and on -site parking spaces. 4. The proposed conversion of an existing commercial office development complies with the goals, policies and objectives of the city's general plan. Resolution No. 2020-23 Page 4 of 10 The proposed conversion complies with the goals, policies, and objectives of the city's general plan. Policy 2.8 of the Land Use Element promotes the rehabilitation of commercial properties and encourages increased levels of capital investment. The commercial condominiums will allow individual ownership and increase capital investment in the City. Policy 2.9 of the Land Use Element supports development that creates a business environment that is safe and attractive. A condition of approval will require the removal of any graffiti that may occur on the site. Policy 5.5 encourages development that is compatible and supportive of surrounding land uses. The proposed subdivision is located in an area with clean -tech commercial and industrial land uses and the project will help maintain compatibility with the surrounding professional and industrial uses. Section 2. In accordance with the California Environmental Quality Act (CEQA), the recommendation is exempt from further review pursuant to Section 15315 of the CEQA Guidelines. This Class 15 exemption allows the subdivision of existing commercial or industrial buildings where no physical changes occur. Categorical Exemption Environmental Review No. 2019-18 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. Resolution No. 2020-23 Page 5 of 10 Section 4. The Planning Commission of the City of Santa Ana, after conducting the public hearing, hereby approves Tentative Parcel Map No. 2018-04 (County Map 2018- 190) and Special Use Permit No. 2020-01 as conditioned in Exhibit A, attached hereto and incorporated as though fully set forth herein for the property located at 3100 and 3130 South Harbor Boulevard. 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 July 27, 2020, and exhibits attached thereto; and, the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 271' day of July 2020, by the following vote: AYES: Commissioners: Contreras -Leo, McLoughlin, Morrissey, Nguyen, Phan, Rivera (6) NOES: Commissioners: ABSENT: Commissioners: Garcia (1) ABSTENTIONS: Commissioners: y Mark McLoughlin Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: c Mu Lisa Storck Assistant City Attorney Resolution No. 2020-23 Page 6 of 10 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2020-23 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on July 27, 2020. Date: 07-27-2020 Recording Secretary City of Santa Ana Resolution No. 2020-23 Page 7 of 10 Conditions of Approval July 27, 2020 EXHIBIT A Conditions for Approval for Tentative Parcel Map No. 2018-04 (County Map No. 2018- 190) and Special Use Permit No. 2020-01 Tentative Parcel Map No. 2018-04 (County Map No. 2018-190) and Special Use Permit No. 2020-01 are 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, 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 and special use permit. 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 and the special use permit. Planning Division 1. All proposed site improvements must conform to the Site Plan Review approval of DP No. 2018-47. 2. 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. 3. Applicant must submit Covenants, Conditions and Restrictions (CC&Rs) for the project to the case planner for review and approval prior to the final map being recorded. Additionally, CC&Rs will be adopted to define the operating and maintenance requirements and enforcement of the CC&Rs provisions. 4. 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 and the requirements of the California Subdivision Map Act. 5. After project occupancy, landscaping is to be maintained in accordance with the approved landscape plan. This shall include the minimum levels of plant materials shown on the landscape plan, site furnishings, and hardscape materials. Any modifications to this plan shall be submitted to the Planning Division for review and subject to the approval of the Planning Manager. Resolution No. 2020-23 Page 8 of 10 Conditions of Approval July 27, 2020 6. The property owner shall be responsible for maintaining the lots free from debris, overgrown vegetation, and graffiti. The property owner shall provide as part of the Covenants, Conditions and Restrictions (CC&Rs) that the owner of each condominium shall immediately remove any graffiti placed thereon. Any graffiti must be removed within 24 hours 7. The final map must be approved and recorded prior to issuance of on -site improvements such as, but not limited to the sidewalk and driveway apron improvements. 8. Development within the area of the map is subject to development and permit fees in effect at the time of permit issuance. Prior to approval of Certificate of Occupancy, all on -site improvements shall be made in accordance with the submitted plans. 9. Prior to submittal of the final map, the Applicant shall submit a management plan per Sections 34-335 and 34-376 of the Santa Ana Municipal Code. 10. Prior to submittal of the final map, the Applicant shall submit a conversion plan per Section 41-1804 of the Municipal Code. 11. Property Maintenance Agreement. Subject to review and applicability by the Planning and Building Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained, Developer (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 project's 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, Resolution No. 2020-23 Page 9 of 10 Conditions of Approval July 27, 2020 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 Developer 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 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. Resolution No. 2020-23 Page 10 of 10