HomeMy WebLinkAboutRESO 2020-02_TPM 19-02_666 E DYER ROADLS 7.8.20
RESOLUTION NO. 2020-02
A RESOLUTION OF THE ZONING ADMINISTRATOR OF
THE CITY OF SANTA ANA APPROVING TENTATIVE
PARCEL MAP NO. 2019-02 (COUNTY MAP NO. 2018-188)
AS CONDITIONED TO SUBDIVIDE AN EXISTING PARCEL
INTO TEN PARCELS (NINE PARCELS AND ONE
LETTERED LOT) AT THE PROPERTY LOCATED AT 666
EAST DYER ROAD, INCLUDING THE NINE BUILDINGS
AT 640, 642, 650, 652, 660, AND 662 EAST DYER ROAD;
2906 AND 2910 SOUTH TECH CENTER DRIVE
(PREVIOUSLY 709 EAST ALTON AVENUE); AND AT 705
EAST ALTON AVENUE
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 (TPM) to allow
the subdivision of an existing industrial site on a 24.19-acre parcel into ten
(10) parcels (nine parcels and one lettered lot) at 666 East Dyer Road.
B. Santa Ana Municipal Code (SAMC) Section 34-126 requires approval of a
Tentative Parcel Map by the Zoning Administrator.
C. SAMC Section 34-56 provides for non-residential small -lot subdivisions,
commonly referred to as "postage stamp" subdivisions.
D. The subject site and its buildings were comprehensively reviewed by the
City under Development Project (DP) No. 2017-04. No new construction or
alterations are proposed as part of the Applicant's subdivision request.
E. On July 8, 2020, the Zoning Administrator held a duly noticed public
hearing on Tentative Parcel Map No. 2019-02.
F. 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 SAMC Section 34-126 and the State
Subdivision Map Act, have been established for Tentative Parcel Map No.
2019-02:
1. The proposed project, as conditioned, and its design and improvements
are consistent with the Industrial (IND) designation of the General Plan and
are otherwise consistent with all other Elements of the General Plan.
Resolution No. 2020-02
Page 1 of 7
Ls 7.8.20
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 DP No. 2017-04 and TPM No. 2019-02.
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
property within the proposed project. The subdivision includes one
lettered lot, Lot A, that will remain unbuildable and will provide access
to all nine buildings and their individual parcels on the project site.
The Applicant will record covenants, codes, and restrictions
(CC&Rs) 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 (CEQA),
the recommended action is exempt from further review per Section 15301 of the CEQA
Guidelines. This Class 1 exemption consists of the operation, repair, maintenance,
permitting, leasing, licensing, or minor alteration of existing public or private structures,
facilities, mechanical equipment, or topographical features, involving negligible or no
expansion of use beyond that existing at the time of the lead agency's determination. No
site alterations or building expansion is proposed as part of the Applicant's subdivision
request. As no adverse environmental impacts will result from the subdivision of land, it
has been determined that the project will not have an effect on the environment.
Categorical Exemption Environmental Review No. 2020-40 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
Resolution No. 2020-02
Page 3 of 7
LS 7 8.20
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 Zoning Administrator of the City of Santa Ana after conducting
the public hearing hereby approves Tentative Parcel Map No. 2019-02, as conditioned
as set forth in Exhibit A attached hereto and incorporated herein by reference, for the
property located at 666 East Dyer Road and all buildings thereon. 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 July 8, 2020, and exhibits
attached thereto; and the public testimony, written and oral, all of which are
incorporated herein by this reference.
ADOPTED this 81h day of July, 2020.
Verny Carvaj I, C
Zoning Administrator
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By: �4 (, •
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. 2020-02 to be the original resolution adopted by the Zoning
Administrator of the City of Santa Ana on July 8, 2020.
Date: -7! 5 I 7,070
"Lo-
RAcording Secretary
City of Santa Ana
Resolution No. 2020-02
Page 4 of 7
LS 7.8.20
EXHIBIT A
Conditions of Approval
Tentative Parcel Map No. 2019-02 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. The project must be in compliance with the provisions of Development
Project No. 2017-04 and TPM No. 2019-02.
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. The tentative parcel map, final map and all improvements required to be
made or installed by the subdivider shall be done 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.
4. 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. Applicant shall submit details of a Parking
Management Plan and provide details on regulations for outdoor storage
and maximum Floor Area Ratio (FAR) allowed. Added by Zoning
Administrator on July 8, 2020.
5. Each property owner shall be responsible for maintaining the lots free from
debris, overgrown vegetation, and graffiti. The Covenants, Conditions and
Restrictions (CC&Rs) shall provide in part that the owner of each parcel
shall immediately remove any graffiti placed thereon. Any graffiti must be
removed within 24 hours.
6. Landscaping is to be maintained in accordance with the landscape plan
approved for the project. This shall include the minimum levels of plant
Resolution No. 2020-02
Page 5 of 7
LS 7.8.20
materials shown on the landscape plan and installed at the time of
occupancy.
7. Development within the area of the map is subject to development and
permit fees in effect at the time of permit issuance.
8. 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,
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
Resolution No. 2020-02
Page 6 of 7
LS 7.8.20
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. 2020-02
Page 7 of 7