HomeMy WebLinkAboutRESO 2022-24_1814 1818 E. First Street (TTM)RESOLUTION NO.2022-24
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING TENTATIVE
TRACT MAP NO. 2022-02 (COUNTY MAP NO. 19178) AS
CONDITIONED TO ALLOW A 35-UNIT SUBDIVISION FOR
CONDOMINIUM PURPOSES FOR THE PROPERTY
LOCATED AT 1814 AND 1818 EAST FIRST 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. Angela Meyer, representing Brandywine Acquisition Group, LLC (Applicant),
on behalf of David A. Colton Trust (Property Owner) is requesting approval
of a site plan review (SPR), density bonus agreement (DBA), and tentative
tract map (TTM) to allow the construction of a thirty-five unit attached
townhome development, six of which are proposed as live/work, with four
onsite moderate -income affordable units, known as Cabrillo Crossing.
B. Pursuant to Santa Ana Municipal Code ("SAMC) Section 34-127, the
Planning Commission is authorized to review and approve tentative tract
maps.
C. Tentative Tract Map No. 2022-02 came before the Planning Commission
of the City of Santa Ana on June 27, 2022, 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 Tentative
Tract Map No. 2022-02, have been established as required by SAMC
Section 34-127 and the California Subdivision Map Act:
The proposed project and its design and improvements are
consistent with the District Center (DC) 3 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 will
be consistent with the District Center (DC) 3 designation of
the General Plan and are otherwise consistent with all other
elements of the General Plan and any applicable specific
plans. The proposed subdivision of land will create 35
condominium air -right units and will be consistent with the
Resolution No. 2022-24
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various provisions of the General Plan. As proposed, the
development is permitted subject to separate approval of a
site plan review and density bonus agreement. The density
range for the proposed number of units is also considered
and approved in the DC-3 General Plan designation.
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 will conform to all of the requirements of
the zoning ordinance as specified by the Metro East Mixed
Use (MEMU) overlay district, with the exception of open
space, which is the subject of a separate density bonus
agreement application. All subdivision codes will be met as
well as other applicable City ordinances. The proposed
project conforms to the Active Urban sub -zone of the MEMU
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 Active Urban sub -zone standards of the MEMU overlay
district.
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 current general plan land use
density would allow a typical range of up to 90 units per acre,
depending on the building type. The proposed density of the
project is 35 units, which is below this density and satisfies all
development standards of the MEMU overlay district with the
exception of onsite open space. The proposed site consists of
approximately 1.40 acres of land and is physically suitable for
the proposed development, where access to the site will be
from First Street.
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 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 project site.
Therefore, the proposed subdivision will not cause any
Resolution No. 2022-24
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substantial environmental damage or substantially and
avoidably injure fish and wildlife or their habitat. Additionally,
the development of the property as proposed, has been
determined to be adequately evaluated in the previously
certified EIR No. 201-8-15 (State Clearinghouse Number
2006031041) as per Sections 15162 and 15168 of the
CEQA guidelines.
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.
The property will include necessary utilities and infrastructure
improvements as required under Development Project
Review No. 2021-30.
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 or improvements of the proposed project will not
conflict with easements necessary for public access or use
of the property within the proposed project since there are no
existing and recorded easements for the property. The
conceptual design of all construction for the property will not
affect any future proposed expansion or development of First
Street.
Section 2. In accordance with the California Environmental Quality Act
(CEQA), the recommendation is exempt from further review pursuant to Section 15162
and 15168 (EIR No. 2018-15/State Clearinghouse Number 2006031041) of the CEQA
Guidelines. The proposed development project has been determined to be adequately
evaluated and is within the scope of the previously certified EIR.
The project is consistent with the City's General Plan and Metro East Mixed Use
overlay district development standards, with the exception of onsite open space that is
the subject of a separate density bonus agreement application. Furthermore, the project
has been designed to be compatible with the scale of other residences in the area and
is consistent with Policies LU 1.1 (Compatible Uses), 1.2 (Homeownership
Opportunities), 1.5 (Diverse Housing Types), 1.6 (Transit Oriented Development), 1.8
(Development Tradeoffs), 2.5 (Benefits of Mixed -Use), 2.10 (Smart Growth), 3.4
(Compatible Development), 3.6 (Focused Development), 4.1 (Complementary Uses),
4.2 (Public Realm), 4.5 (VMT Reduction), and 4.7 (Diverse Communities) of the Land
Use Element that supports new development which is compatible in scale and character
with existing development in the area. The development of this vacant lot also supports
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Policy 1.3 of the Housing Element that promotes a complementary mix of land uses that
improves the character and stability of neighborhoods.
Further, the proposed project will take place within city limits and is on a project
site that is less than five acres in size and is surrounded by urban areas. The project
site has no value as habitat for endangered, rare, or threatened species and is not
identified in the General Plan as having such value. Approval of the project will not
result in any significant effects relating to traffic, noise, air quality, or water quality. The
City's Planning Division and Public Works Agency have reviewed the proposed project
and have determined that the amount of traffic, noise, air quality impacts, and water
quality impacts are below thresholds that would warrant further analyses.
Finally, the site will be served by all required utilities and public services as it is
located within a heavily -urbanized area on First Street adjacent to major freeways.
Based on this analysis, a Notice of Exemption for Environmental Review No. 2021-116
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, 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 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 Tract Map No. 2022-02 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 June 27, 2022,
and exhibits attached thereto; and the public testimony, written and oral, all of which are
incorporated herein by this reference.
Resolution No. 2022-24
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ADOPTED this 27th day of June 2022, by the following vote:
AYES: Commissioners
NOES: Commissioners:
ABSENT: Commissioners:
ABSTENTIONS: Commissioners:
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:
Ot --
Ryan O. Hod e
Assistan City Attorney
ALDERETE, CALDERON, MCLOUGHLIN,
MORRISSEY, PHAM, RAMOS, WOO (7)
Thomas Morrissey
Chairperson
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Sarah Bernal, Recording Secretary, do hereby attest to and certify the attached
Resolution No. 2022-24 to be the original resolution adopted by the Planning
Commission of the City of Santa Ana on June 27, 2022.
Date: U 12--7 2cSL�
Recording Secretary
Resolution No. 2022-24
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Conditions of Approval
June 27, 2022
EXHIBIT A
Conditions for Approval for Tentative Tract Map No. 2022-02
Tentative Tract Map No. 2022-02 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, 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 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 (DP)
approval of DP No. 2021-30.
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 Tentative
Tract Map must be amended.
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.
4. Walls and Fencing.
a. The applicant shall be construct a minimum six-foot (6') tall perimeter
wall, as measured from nearest adjacent finished sidewalk, surrounding
the project site. The perimeter wall shall conform to all applicable
Citywide Design Guidelines, including a split -face or painted design with
regularly -spaced pilasters and decorative cap. The applicant is
responsible for coordination with any adjacent property owners to avoid
double -walls or gaps between walls where possible.
b. Climbing vines shall be planted at regularly -spaced intervals along all
exposed walls and wrought -iron fencing to deter graffiti. All solid walls
shall be finished with anti -graffiti coating.
Resolution No. 2022-24
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Conditions of Approval
June 27, 2022
5. The following parking management practices shall be incorporated into the final,
recorded CC&Rs and shall apply through the life of the project:
a. Requiring onsite parking permits (such as stickers or hang -tags) for any
parking in the surface guest parking spaces;
b. Policies for maximum time vehicles may be parked in the surface guest
spaces;
c. Policies for towing unauthorized vehicles; vehicles parked in
unauthorized locations, such as fire lanes; vehicles parking in surface
guest parking without a sticker, hang -tag, or other identifiers; and
vehicles parked longer than any maximum guest parking timeframes
allowed; and
d. Routine garage inspections to ensure garages are available for vehicle
parking.
6. The final map must be approved and recorded prior to issuance of a certificate
of occupancy or final sign -offs of building permits for the townhome buildings,
whichever is first.
7. 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.
8. 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.
9. The applicant and any subsequent association or management is responsible
for installing and routinely maintaining high efficiency Minimum Efficiency
Reporting Value (MERV) filters of MERV 13 or better as indicated by the
American Society of Heating Refrigerating and Air Conditioning Engineers
(ASHRAE) Standard 52.2, in the intake of ventilation systems. Verification of
installation shall be provided prior to project occupancy.
10.Property Maintenance Agreement. 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 or incorporate the form of this condition within the
Resolution No. 2022-24
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Conditions of Approval
June 27, 2022
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 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.
Resolution No. 2022-24
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Conditions of Approval
June 27, 2022
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.
11. Developer shall provide good faith effort and work with staff to explore the
feasibility of the following:
a. Incorporate an enhanced air quality filtration system that is greater
than Minimum Efficiency Reporting Value (MERV) filters of MERV 13.
b. Incorporate a live/work affordable unit; if not feasible, the number of
units and the size originally proposed must be preserved.
c. The project CC&Rs must restrict the ground -floor commercial area in
the live/work units to prevent use as a bedroom. (Planning
Commission Conditions 6/27/2022)
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