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HomeMy WebLinkAboutRESO 2020-31_201 W THIRD STREETResolution No. 2020-31 Page 1 of 10 RESOLUTION NO. 2020-31 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING TENTATIVE PARCEL MAP NO. 2020-02 AS CONDITIONED TO SUBDIVIDE AN EXISTING 1.41-ACRE PARCEL INTO TWO PARCELS AND CONDOMINIUM AIRSPACES FOR THE PROPERTY LOCATED AT 201 WEST THIRD STREET 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. Michael Harrah, representing Caribou Industries Inc. (hereinafter referred to as “Applicant”), is requesting approval of Tentative Parcel Map No. 2020 - 02, as conditioned to subdivide an existing 1.41-acre parcel into two parcels and condominium airspace at 201 West Third Street. 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 pursuant to Section 34-127 the Planning Commission shall review and approve the map. In an effort to streamline the discretionary process, the application has been bundled for Planning Commission review with the other entitlements associated with the Third & Broadway project. 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. 2020-02 (County Map No. 2020-159) came before the Planning Commission of the City of Santa Ana on September 28, 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. 2020-02 (County Map No. 2020-159), have been established as required by SAMC Section 34-126 and the California Subdivision Map Act: 1.The proposed project and its design and improvements are generally consistent with the District Center designation of the General Plan and are otherwise consistent with all other Elements of the General Plan. Resolution No. 2020-31 Page 2 of 10 Tentative Parcel Map No. 2020-02 (County Map No. 2020- 159), as conditioned, and its design and improvements will be generally consistent with the District Center General Plan land use designation. The project includes 10-foot-wide sidewalks and the installation of street trees, lights and benches on Sycamore Street. Further, the mixed-use and hotel project is consistent with the Land Use Element, as the use provides a mixed-use and mixed-income project, 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. 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. 2020-02 (County Map No. 2020- 159), as conditioned, will conform to all applicable requirements of the zoning and subdivision codes (Chapter 34 and 41 of the Santa Ana Municipal Code) as well as other applicable City ordinances subject to the Planning Commission and City Council’s approval of Density Bonus Agreement No 2020-01, Site Plan Review No. 2020-01, Site Plan Review No. 2020-02, Variance No. 2020-05 and Disposition and Development Agreement. 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 a mixed-use and hotel project and the density of the proposed project is consistent with the Downtown District Center density of 90 dwelling units per acre and 35 percent density bonus consistent with California Government Code Section 65915. 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. 2020-31 Page 3 of 10 The design and improvements of the proposed proje ct 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. The existing site is a disturbed site containing a three level parking structure with no landscaping. 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. An emergency access easement will be provided for the new private street. 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 includes a new street and sidewalk and will provide public vehicular and pedestrian access to the street and sidewalk. The project site will provide a reciprocal access and parking easement for the shared common driveways and drive aisle to allow public access to the 211 public parking spaces and 37 hotel valet parking spaces within the parking structure. In addition, the CC&Rs will ensure all ingress and egress easement and access will be maintained for the project site. Section 2. In accordance with the California Environmental Quality Act (CEQA), the Planning Commission of the City of Santa Ana has, as a result of its consideration of the record as a whole and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, Environmental Review No. 2019- 85 meets all the requirements of CEQA and recommends City Council approval: Resolution No. 2020-31 Page 4 of 10 Based on the substantial evidence set forth in the record, including but not limited to the 2010 EIR and the 2020 Third & Broadway Addendum, the Planning Commission finds that an addendum is the appropriate document for disclosing the changes to the subject properties, and that none of the conditions identified in Public Resources Code section 21166 and State CEQA Guidelines section 15162 requiring subsequent environmental review have occurred, because: A. The project does not constitute a substantial change that would require major revisions of the 2010 EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. B. There is not a substantial change with respect to the circumstances under which the project will be developed that would require major revisions of the 2010 EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of the previously identified significant effects. C. New information of substantial importance has not been presented that was not known and could not have been known with the exercise of reasonable diligence at the time the 2010 EIR was certified or adopted, showing any of the following: (i) that the modifications would have one or more significant effects not discussed in the earlier environmental documentation; (ii) that significant effects previously examined would be substantially more severe than shown in the earlier environmental documentation; (iii) that mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects, but the applicant declined to adopt such measures; or (iv) that mitigation measures or alternatives considerably different from those analyzed previously would substantially reduce one or more significant effects on the environment, but which the applicant declined to adopt. 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 Resolution No. 2020-31 Page 5 of 10 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 4. The Planning Commission of the City of Santa Ana, after conducting the public hearing, hereby approves Tentative Parcel Map No. 2020-02 (County Map 2020- 159) as conditioned in Exhibit A, attached hereto and incorporated as though fully set forth herein for the property located at 201 West Third Street. 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 September 28, 2020, and exhibits attached thereto; and, the public testimony, written and oral, all of which are incorporated herein by this reference. Section 5. Tentative Parcel Map No. 2020-02 shall not be effective until the City Council reviews and approves the Addendum, Environmental Review No. 2019-85, Density Bonus Application No. 2020-01, Site Plan Review No. 2020-01, Site Plan Review No. 2020-02 and the Disposition and Development Agreement for the subject project. If said approvals are held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise denied, then this variance shall be null and void and have no further force and effect. ***Signatures on following page*** Resolution No. 2020-31 Page 7 of 10 Date: ________________ ____________________________________ Recording Secretary City of Santa Ana 09-28-2020 Conditions of Approval September 28, 2020 Resolution No. 2020-31 Page 8 of 10 EXHIBIT A Conditions for Approval for Tentative Parcel Map No. 2020-02 (County Map No. 2020- 159) Tentative Parcel Map No. 2020-02 (County Map No. 2020-159) 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. 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. Planning Division 1.All proposed site improvements must conform to the Site Plan Review approval of DP No. 2019-32 and the staff report exhibits. 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. Conditions of Approval September 28, 2020 Resolution No. 2020-31 Page 9 of 10 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, Conditions of Approval September 28, 2020 Resolution No. 2020-31 Page 10 of 10 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 j ointly 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, sublea se, 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.