HomeMy WebLinkAbout2020-075 - Approving Tentative Tract Map No. 2020-01RESOLUTION NO. 2020-075
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA APPROVING TENTATIVE TRACT MAP NO.
2020-01 AS CONDITIONED TO CREATE A SUBDIVISION
OF TEN (10) CONDOMINIUM UNITS AT 1122
NORTH BEWLEY STREET
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. Ada Rose with YNG Architects, Inc., representing Linda La (Applicant), is
requesting approval Tentative Tract Map (TTM) No. 2020-01 to facilitate the
construction of a 10-unit condominium development at 1122 North Bewley
Street.
B. On July 13, 2020, the Planning Commission of the City of Santa Ana held a
duly noticed public hearing and voted to recommend that the City Council
adopt a resolution approving TTM No. 2020-01, as conditioned.
C. On September 1, 2020, the City Council of the City of Santa Ana held a duly
noticed public hearing to consider all testimony, written and oral, related to
TM No. 2020-01, at which time all persons wishing to testify were heard, the
project was fully considered, and all other legal prerequisites to the adoption
of this resolution occurred.
D. Subdivision requests are governed by Chapter 34 and Chapter 41 of the
Santa Ana Municipal Code (SAMC). Pursuant to Section 66473.5 and 66474
of the California Subdivision Map Act (SMA), applications for tentative tract
maps are approved when certain findings can be established.
E. The City Council of the City of Santa Ana determines that the following
findings, which must be established in order to approve TTM No. 2020-01,
have been established as required by Section 34-127 of the SAMC and the
SMA:
1. The proposed project and its design and improvements are
consistent with the proposed Medium Density Residential (MR-15)
land use designation of the General Plan and are otherwise
consistent with all other Elements of the General Plan.
The proposed project and its design and improvements are
consistent with various provisions of the City's Zoning Code
and General Plan with approval of General Plan Amendment
Resolution No. 2020-075
Page 1 of 8
(GPA) No. 2020-03, 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 encourages the maintenance and
fostering of a variety of residential land uses. The project will
provide 10 for -sale condominium units. Policy 2.10 supports
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 adjacent multi -family
uses. Policy 3.1 supports 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. Goal 2 of the Housing
Elements encourages a diversity of quality housing,
affordability levels, and living experiences that accommodate
Santa Ana's residents and workforce of all household types,
income levels. Further, Policy 2.5 of the Housing Element
encourages developments that facilitate diverse types,
prices and size of housing, including single-family homes,
apartments, townhomes, mixed/multi-use housing, transit
oriented housing, multi -generational housing and live work
opportunities. The project will provide a for -sale product with
units that range in bedrooms and 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 Residence (R-2)
zoning district which allows for two family residences and
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 and will be recorded
prior to approval of the final map and is therefore consistent
with Chapter 34 of the SAMC and the SMA.
Resolution No. 2020-075
Page 2 of 8
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 0.87 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 and with the R-2
zoning district development standards.
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. The subdivision will not have
any detrimental effects upon the general public. The property
will include necessary utilities and infrastructure
improvements as required by the SAMC and SMA.
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 project will not conflict
with easements necessary for public access or use of the
property within the proposed project. In addition, the CC&Rs
will ensure reciprocal access 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 (ER) No. 2017-161, prepared with respect to this project. The
City Council has, as a result of its consideration and the evidence presented at the
Resolution No. 2020-075
Page 3 of 8
hearings 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. TTM No. 2020-01 shall not be effective until the City Council reviews,
approves and adopts the MND ER No. 2017-161 and General Plan Amendment No.
2020-03. 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. 2020- 01 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 July 13, 2020, and exhibits
attached thereto; and the Request for City Council Action dated September 1, 2020, and
exhibits attached thereto; and the public testimony, written and oral, all of which are
incorporated herein by this reference.
Resolution No. 2020-075
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ADOPTED this 1st day of September, 2020.
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APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:�__L_
Lisa Storck
Assistant City Attorney
AYES: Councilmembers Bacerra, Mendoza, Penaloza, Pulido Sarmiento,
Solorio, Villeoas (7)
NOES: Councilmembers
ABSTAIN: Councilmembers None (0)
NOT PRESENT: Councilmembers None (0
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached
Resolution No. 2020-075 to be the original resolution adopted by the City Council of the
City of Santa Ana on September 1, 2020.
Date: `I aa-2Dj
J�W�
Daisy Gomez
Clerk of the Council
City of Santa Ana
Resolution No. 2020-075
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EXHIBIT A
Conditions of Approval for Tentative Tract Map No. 2020-01
Tentative Tract Map No. 2020-01 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, the
California Subdivision Map Act, 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 Development Project plan
approved per DP No. 2017-35.
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. Prior to the issuance of a building permit, a full landscape and irrigation plan is to
be submitted for review and approval by the Planning Division. The landscape
plan shall conform to the R-2 landscape standards, Citywide Design Guidelines,
and the City's Water Efficient Landscape Ordinance. In addition, vines shall be
planted along perimeter walls and be spaced every 10 feet.
4. Applicant must submit Covenants, Conditions, and Restrictions (CC&Rs) for the
project to the Planning Division for review and approval prior to the Final Map
being recorded.
5. The Final Map must be approved and recorded prior to issuance of Building
permits.
6. 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.
Resolution No. 2020-075
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7. 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.
8. A Property Maintenance Agreement shall be recorded prior to the issuance of
Building permits and shall be subject to review and approval 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, 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);
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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 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; and
h. The execution and recordation of the maintenance agreement shall be
a condition precedent to the final map being recorded.
9. Prior to the issuance of building permits the Applicant shall comply with the City's
Housing Opportunity Ordinance.
Resolution No. 2020-075
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