HomeMy WebLinkAboutReso25-28_930 N. Grand AveResolution No. 2025-28
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RESOLUTION NO. 2025-28
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING TENTATIVE
TRACT MAP NO. 2025-03 (COUNTY MAP NO. 17973) AS
CONDITIONED FOR A 5-UNIT LIVE-WORK
DEVELOPMENT LOCATED AT 922 THROUGH 930 NORTH
GRAND AVENUE (“COLLECTIVELY REFERRED TO AS 930
NORTH GRAND AVENUE”)
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. Mario Mendoza, representing 920 North Grand Avenue, LLC. (“Applicant”
and “Property Owner”) is requesting approval of Tentative Tract Map (TTM)
No. 2025-03 (County Map No. 17973) to facilitate the subdivision of an
existing five-unit live-work development lot located at 922 through 930
N. Grand Avenue (“collectively referred to as 930 N. Grand Avenue”) into
five condominium lots (“Project”).
B. Pursuant to Section 34-127 of the Santa Ana Municipal Code (SAMC),
approval of a TTM application is required for projects proposing to create
five or more lots containing residential uses.
C. The Project Site has a General Plan land use designation of District Center
– High (DC-5) and is located within the Transit Zoning Code / Specific
Development No. 96 (SD-84).
D. Subdivision requests are governed by Chapter 34 (Subdivisions) of the
Santa Ana Municipal Code (SAMC), SD-84, and the California Subdivision
Map Act (SMA).
E. Pursuant to Section 34-127 of the SAMC, approval of a TTM application is
required for projects proposing to create five or more parcels by the
Planning Commission.
F. On September 22, 2025, the Planning Commission of the City of Santa Ana
held a duly-noticed public hearing on TTM No. 2025-03.
G. The Planning Commission of the City of Santa Ana determines that the
following findings, in accordance with Section 66473.5 and 66474 of the
SMA and Section 34-127 of the SAMC, which must be established in order
to approve TTM No. 2025-03, have been established:
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1. The proposed project and its design and improvements are
consistent with the General Plan land use designation and are
otherwise consistent with all other Elements of the General Plan.
The Project site and its design and improvements are
consistent with the General Plan land use designation of
District Center – High (DC-5), which allows a maximum floor
area ratio of 5.0 and 125 dwelling units per acre. In 2018,
permits were issued for the construction of a three-story live-
work building containing five units and associated parking and
landscaping and construction concluded in 2021. The
requested condominium subdivision, supports several goals
and policies of the General Plan. Specifically, the Project is
consistent with General Plan Land Use Element (LU) Goal 1,
which encourages projects that improve quality of life and
respects the existing community. Policy LU-1.2 supports
innovative development policies to expand homeownership
opportunities at all income levels. Policy LU-4.7 encourages
the development of mixed-income developments with mixed
housing types to create inclusive communities and
economically diverse neighborhoods. Lastly Policy HE-2.5 of
the Housing Element supports diverse types, prices, and sizes
of housing.
2. The proposed project conforms to all applicable requirements of the
zoning and subdivision codes as well as other applicable City
ordinances.
The Project site is consistent with the development standards
specified within the SD-84, including land use, height,
minimum development site area, building frontages, publically
accessible open space, private/common open space, building
setbacks, and parking and access. Further, the access and
egress for the Project site was thoroughly review by the Public
Works Agency for compliance with all applicable development
standards during the 2018 plan check process.
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 Project. There are no physical constraints on the site
that preclude the existing development on-site and the current
Project site development was constructed in accordance with
the development standards of the Transit Zoning Code /
Specific Development No. 84. The Project site consists of
approximately 13,448 square feet of land and is physically
suitable for the existing development. The lot size, density,
width, and lot coverage are consistent with the
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existing surrounding properties in the neighborhood and with
SD-84 development standards.
4. The design and improvements of the proposed project will not cause
substantial environmental damage or substantially and avoidably
injuries to fish or wildlife of their habitat.
The design and improvements of the Project do not cause
substantial environmental damage or substantially and
avoidably injure fish and wildlife or their habitat and were
evaluated as part of the plan check process in 2018. In
addition, the Project is located in an urbanized area, and there
are no known fish or wildlife populations existing on the Project
site. Therefore, the proposed condominium 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 Project do not cause
serious health problems and were evaluated as part of the
plan check process in 2018. The condominium subdivision will
not have any detrimental effects upon the general public. The
property includes all the 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
property within the proposed project.
The design and improvements of the Project do not conflict
with easements necessary for public access or use of the
property within the proposed Project. In addition, Covenants,
Conditions, and Restrictions will ensure reciprocal access
rights and maintenance agreements between properties.
Section 2. 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,
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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 3. In accordance with the California Environmental Quality Act (CEQA)
and the CEQA Guidelines, and after completion of the Initial Study for the Project, the
Project is within the scope of the 2010 Transit Zoning Code Environmental Impact Report
(EIR) (SCH No. 2006071100). The EIR analyzed impacts related to aesthetics,
agriculture/forestry, air quality, biology, cultural resources, geology/soils, greenhouse gas
emissions, hazards and hazardous materials, hydrology and water quality, land use and
planning, mineral resources, noise, population/housing, public services,
transportation/traffic, tribal cultural resources and utilities. The EIR concluded that there
would be significant and unavoidable impacts associated with aesthetics, air quality,
cultural resources, noise, and transportation, and mitigation measures were developed
and recorded through an approved Mitigation Monitoring and Reporting Program. The
previously prepared EIR adequately described the project’s environmental setting,
significant impacts and alternatives, and mitigation measures related to each impact.
There are no substantial changes with respect to circumstances under which the project
is undertaken that will require major revisions to the EIR. There is no new information of
substantial importance, and there are no new environmental impact or mitigation measure
needed. As such, a Notice of Determination will be filed for this project.
Section 4. The Planning Commission of the City of Santa Ana, after conducting
the public hearing, hereby approves TTM No. 2025-03, as conditioned in Exhibit A,
attached hereto and incorporated herein for the Project at 930 N. Grand Avenue, and as
illustrated and attached hereto and incorporated herein as Exhibit B. 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 22, 2025, and
exhibits attached thereto; and the public testimony, written and oral, all of which are
incorporated herein by this reference.
[Signatures on the following page]
Resolution No. 2025-28
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ADOPTED this 22nd day of September 2025 by the following vote:
AYES:
NOES:
ABSENT:
Commissioners: Manuel J. Escamilla, Jennifer Oliva, Bao
Pham, Isuri S. Ramos, Alan Woo (5)
Commissioners:
Commissioners: Carl Benninger, Christopher Leo (2)
ABSTENTIONS: Commissioners:
Isuri S. Ramos
Chairperson
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:
Melissa M. Crosthwaite
Senior Assistant City Attorney
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CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Gema Zapien, Acting Recording Secretary, do hereby attest to and certify the attached
Resolution No. 2025-28 to be the original resolution adopted by the Planning Commission
of the City of Santa Ana on September 22, 2025.
Date:
Gema Zapien
Acting Recoding Secretary
City of Santa Ana
09/22/2025
Resolution No. 2025-28
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Exhibit A
Conditions for Approval for Tentative Tract Map No. 2025-03
Tentative Tract Map No. 2025-03 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 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 Development Project Review (DP)
No. 2015-26 and the staff report exhibits incorporated herein by reference.
2. Any amendment to this tentative tract map 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. The project shall comply with all applicable mitigation measures as identified by the
Mitigation Monitoring and Reporting Program of the 2010 Environmental Impact
Report (EIR) for the Transit Zoning Code / Specific Development No. 84 (SCH No.
2006071100).
4. The 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. The CC&Rs shall include, but not be limited to, the following provisions:
a. Provisions for effective establishment, operation, management, use, repair,
and maintenance of all common areas and facilities, including open space,
landscape areas, walls and fences, common roadways and paths of travel
(i.e., walkways, sidewalks, and driveways, lighting and exterior furnishings,
trash enclosure, water quality management plan BMPs and utilities);
b. Architectural controls shall be provided to include, but not limited to,
provisions regulating architectural features, exterior finishes, roof materials,
fences and walls, balconies, and accessory structures and elements
consistent with the Santa Ana Municipal Code (SAMC); and
c. Homeowners association approval of exterior improvements requiring a
building permit shall be obtained prior to requesting a building permit from
the City. All plans for exterior improvements shall conform to the
requirements set forth by the City and the CC&Rs.
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5. 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 SAMC and the requirements of the State Subdivision Map Act.
6. 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.
7. 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 Property Maintenance Agreement with the City of Santa Ana. The
Agreement shall be recorded against the property by the City and shall be in a form
reasonably satisfactory to the City Attorney. The executed Agreement must be
submitted to the Planning Division by the Applicant within 90 days of the approval
of this Resolution. The 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 on or 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
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Applicant and the owner of the property shall be signatories to the
Agreement and both shall be jointly and severally liable for compliance with
its terms;
f. The 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, obligations and
responsibilities set forth under the maintenance agreement; and
g. The 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 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.
8. Prior to the Final Map being recorded, the Applicant shall submit a Parking
Management Plan to the Planning Division for review and approval addressing the
proper parking of vehicles and handling of unauthorized and inoperable vehicles
parking on-site (added by the Planning Commission on September 22, 2025).
9. In accordance with Section 66427.1 of the Government Code, the Applicant shall
provide all tenants occupying a unit notices and a nontransferable right of first
refusal to purchase the occupied unit at the same or at better terms than those
offered to the general public. Such right of first refusal shall be effective for a period
of not less than 90 days from the date at which such units are offered for sale to
the general public, as described in Section 66427.1. The tenant may waive any
such right by executing a written notice to that effect or by terminating his or her
tenancy and vacating the unit without acting on the right (added by the Planning
Commission on September 22, 2025).