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HomeMy WebLinkAbout2014-036 - Denying Appeal No. 2014-01 and Affirming Approval of Site PlanROH — 06/09/14 RESOLUTION NO, 2014 -036 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DENYING APPEAL NO. 2014 -01 AND AFFIRMING APPROVAL OF SITE PLAN REVIEW NO. 2014 -01 AS CONDITIONED AND TENTATIVE PARCEL MAP NO. 2014 -01 AS CONDITIONED FOR THE PROPERTY LOCATED AT 923 NORTH SANTIAGO 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. C &C Development requested approval of a site plan review and a tentative parcel map to allow the construction of The Depot at Santiago mixed -use development, including 70 residential units and commercial and related non- residential space, at 923 North Santiago Street. B. Site Plan Review No. 2014 -01 and Tentative Parcel Map No. 2014 -01 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on May 12, 2014. At that time, the Planning Commission adopted a resolution approving Site Plan Review No. 2014- 01 as conditioned and Tentative Parcel Map No. 2014 -01 as conditioned. C. The Planning Commission's decision to approve Site Plan Review No. 2014 -01 as conditioned and Tentative Parcel Map No. 2014 -01 as conditioned was appealed to the City Council by Ms. Sherrilyn Arnold on May 22, 2014, contending that the project is not appropriate at this location (Appeal No. 2014 -01). Santa Ana Municipal Code section 41 -645 allows any interested party, individual or group to file an appeal. D. Appeal No. 2014 -01 came before the City Council of the City of Santa Ana for a duly noticed public hearing on June 17, 2014, to consider all testimony, written and oral. E. C &C Development requested approval of Site Plan Review No. 2014 -01 as conditioned. 1. Section 41- 593.5(c) of the Santa Ana Municipal Code requires the Planning Commission to review all plans within a Specific Development zoning district to ensure the project is in conformance with the approved SD. In addition, Section 41 -2004 of the Santa Resolution No. 2014 -036 Page 1 of 4 Ana Municipal Code requires that projects within an Overlay Zone be referred to the Planning Commission for review and approval. 2. Based on the Planning Commission's review, the project is in compliance with all applicable development standards outlined for an Industrial Overlay Zone (I -OZ) within the Transit Zoning Code Specific Development No. 84 (SD -84) and the Urban Neighborhood 2 designation. F. For Tentative Parcel Map No. 2014 -01, the Planning Commission of the City of Santa Ana determined that the following findings were established: 1. The proposed project, as conditioned, and its design and improvements are consistent with the Urban Neighborhood (UN) designation of the General Plan and are otherwise consistent with all other elements of the General Plan. Tentative Parcel Map No. 2014 -01 will have no adverse effect on the land uses as prescribed by the General Plan. The project will serve to create new air space condominiums and will continue to function as one integrated development. The Depot at Santiago will be managed and developed in a single phase and operate as one integrated development site. Once completed, the project will create consistency with the General Plan. 2. The proposed project, as conditioned, conforms to all applicable requirements of the zoning and subdivision codes as well as other applicable City ordinances. Tentative Parcel Map No. 2014 -01 is in keeping with the provisions of Site Plan Review and Chapters 34 and 41 of the Santa Ana Municipal Code. These provisions pertain to the subdivision of land and development standards for the site. Additionally, the project will be in compliance with the recently adopted Specific Development No. 84 also known as the Transit Zoning Code as well as all applicable building codes related to the project. 3. The project site is physically suitable for the type and density of the proposed project. Tentative Parcel Map No. 2014 -01 will not create a condition that makes the subdivision physically unsuitable for the site. This proposed project is for air space subdivision purposes only and does not alter the overall density or development of the project as a whole. Resolution No. 2014 -036 Page of 2 of 4 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 parcel map will not cause any environmental damage nor injure fish or wildlife as no fish or wildlife. The originally certified Environmental Impact Report were analyzed in light of the proposed project and it was determined that there are no new significant impacts resulting from the proposed project. 5. The design or improvements of the proposed project will not cause serious public health problems. No alterations are proposed to the development project that will lead to serious damage or create public health problems. The project was analyzed through the environmental review process to ensure that no environmental or health problems will be created. As a result, approval of the tentative parcel map will not affect the health or safety of persons residing in the vicinity. 6. The design or improvements of the proposed project will not conflict with the easements acquired by the public at large for access through or use of property within the proposed project. Approval of the tentative parcel map will not create any conflicts with existing easements found on the site. As a condition of approval of the parcel map, conditions, covenants and restrictions (CC &Rs) will need to be recorded for this project. These CC &Rs will ensure that access, egress, and other necessary easements are maintained over the three parcels. Section 2. In accordance with the California Environmental Quality Act (CEQA), the recommended actions have been determined to be adequately evaluated in the previously certified EIR No. 06 -02 as per Section 15162 of the CEQA guidelines. All mitigation measures in EIR No. 06 -02 and associated Mitigation Monitoring and Reporting Program (MMRP) requirements have been enforced and continue to apply to the proposed project. As required by the MMPR, a circulation and air quality analysis were performed to analyze any potential changes in either traffic or air quality as a result of the proposed development. The studies concluded that no additional significant impacts that would trigger the requirement for additional environmental review. Section 3. The City Council of the City of Santa Ana, after conducting the public hearing, hereby denies Appeal No. 2014 -01, and affirms the Planning Commission's Resolution No. 2014 -036 Page 3 of 4 findings and approval of Site Plan Review No. 2014 -01 as conditioned and Tentative Parcel Map No. 2014 -01 as conditioned. These decisions are based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Request for Planning Commission Action dated May 12, 2014, and exhibits attached thereto; the Request for Council Action dated June 17, 2014, and exhibits attached thereto; and, the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 17th day of June, 2014. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Assi4ont CAy Attorney AYES: Councilmembers: Amezcua, Benavides, Martinez, Reyna, Pulido Sarmiento U NOES: Councilmembers: None (0) ABSTAIN: Councilmembers: None (0) NOT PRESENT: Councilmembers: Tinaiero (1) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2014 -036 to be the original resolution adopted by the City Council of the City of Santa Ana on June 17, 2014. Date: 7C Clerk of the Council City of Santa Ana Resolution No. 2014 -036 Page of 2 of 4