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HomeMy WebLinkAboutRESO 2015-02_150112_1206NHarborROH - 01/12/15 RESOLUTION NO. 2015 -02 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VESTING TENTATIVE TRACT MAP NO. 2014 -01 AS CONDITIONED TO ALLOW A SUBDIVISION FOR INDIVIDUAL LOTS AND CONDOMINIUMS FOR THE PROPERTY LOCATED AT 1206 NORTH HARBOR BOULEVARD 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. Applicant is requesting approval of Vesting Tentative Tract Map No. 2014- 01 to allow subdivision of four existing parcels into 95 individual lots for single - family residences, three condominium lots each containing five live /work units, and 26 lettered lots for common areas and private streets for the property located at 1206 North Harbor Boulevard. B. Santa Ana Municipal Code Section 34 -127 requires Planning Commission approval of a tentative tract map for subdivisions. C. On January 12, 2015, the Planning Commission held a duly noticed public hearing on Vesting Tentative Tract Map No. 2014 -01. D. To adopt a Vesting Tentative Tract Map, California Government Code Section 66474 requires the following findings: 1. The proposed project, as conditioned, and its design and improvements are consistent with the District Center designation on the General Plan and are otherwise consistent with all other elements of the General Plan. The proposed subdivision, Vesting Tentative Tract Map No. 2014 -01, is consistent with the Urban Neighborhood land use designation and density prescribed and all other elements of the General Plan. Specifically, the proposed subdivision is consistent with several policies within the Land Use Element of the General Plan, including: Policy 1.5 (Maintain and foster a variety of residential land uses in the City); Policy 1.6 (Support "live /work" opportunities within specifically defined areas); and Policy 1.7 (Support open space in underserved areas). Resolution No. 2015 -02 Page 1 of 7 2. The proposed project, as conditioned, conforms to all applicable requirements of the zoning and subdivision codes as well as other applicable City ordinances. The proposed subdivision conforms to the minimum condominium requirements, as well as meets the letter and intent of the State of California Subdivision Map Act Provisions. Vesting Tentative Tract Map No. 2014 -01 is in keeping with the site plan review for the project as well as Chapters 34 and 41 of the Santa Ana Municipal Code. Covenants, Conditions and Restrictions (CC &Rs) are required for the project, which need to be approved by the City prior to the recordation of the final map. 3. The project site is physically suitable for the type and density of the proposed project. There are no physical constraints on the site to preclude development. The proposed site consists of approximately 7.60 acres of land within the Harbor Mixed Use Transit Corridor Specific Plan (SP -2), which is physically suitable for the mixed -use commercial and residential development as proposed. Access to the site will occur from two points on Harbor Boulevard. 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. A proposed subdivision will not cause any substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. A program -level Environmental Impact Report (EIR) was prepared pursuant to the California Environment Quality Act for the new Harbor Mixed Use Transit Corridor Specific Plan that anticipated up to 2,000 residential units being built in the Specific Plan area. The project site is located in an urbanized area, and there are no known fish or wildlife populations existing on the project site. 5. 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. The short -term and long- term unavoidable adverse impacts identified in Environmental Impact Report No. 2014 -01 were addressed Resolution No. 2015 -02 Page 2 of 7 by the adoption of a Statement of Overriding Considerations by the City Council. Any other negative or adverse impacts will be mitigated through mitigation measures identified in Environmental Impact Report No. 2014 -01 and conditions of approval for the vesting map. 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. 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 since there is no public access easement located within this property. E. In accordance with the California Environmental Quality Act (CEQA), the recommended action has been determined to be adequately evaluated in the previously certified EIR No. 2014 -01 as per Sections 15162 and 15168 of the CEQA guidelines. All mitigation measures in EIR No. 2014 -01 and associated Mitigation Monitoring and Reporting Program (MMRP) have been enforced and continue to apply to the proposed project. As required by the MMPR, a traffic impact analysis was performed to analyze any potential changes in area traffic as a result of the proposed development. The study concluded that no additional significant impacts that would trigger the requirement for additional environmental review. F. The applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the project, including, without limitation, any environmental review or approval, except to the extent caused by the negligence of the City of Santa Ana. Section 2. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Vesting Tentative Tract Map No. 2014 -01 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 abovesaid hearing, which includes but is not limited to: the Request for Planning Commission Action dated January 12, 2015 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Resolution No. 2015 -02 Page 3 of 7 ADOPTED this 12th day of January 2015 by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: APPROVED AS TO FORM: Sonia R. (;.prvalho, City Attorney wlkle-filallkli Alderete, Bacerra, Bauer, Gartner, Mill, Nalle, Yrarrazaval (7) None (0) None (0) None (0) l.; Eric Alderete Chairman CERTIFICATE OF ATTESTATION AND ORIGINALITY I, KAREN GERARDO, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2014 -02 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on January 12, 2015. Date: Planning Commission Secretary City of Santa Ana Resolution No. 2015 -02 Page 4 of 7 EXHIBIT A Conditions for Approval of Vesting Tentative Tract Map No. 2014 -01 Vesting Tentative Tract Map No. 2014 -01 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 vesting tentative tract map. The applicant must remain in compliance with all conditions listed below throughout the life of the vesting tentative tract map. Failure to comply with each and every condition may result in the revocation of the vesting tentative tract map. A. Planning Division 1. The project shall comply with all conditions, standards, requirements, plans, and elevations approved by the Development Review Committee (DRC) for the development project (DP No. 2014 -17). 2. Covenants, Conditions and Restrictions (CC &Rs) for this project must be reviewed and approved prior to approval of the final tract map. At a minimum, the CC &Rs shall include provisions pertaining to owner occupancy, restrictions on home -based businesses, the prohibition of storage on balconies, compliance with the City's trespassing standards, means for securing any publicly - accessible open spaces, and a restriction on truck delivery hours to non -peak periods. 3. The final landscape plan shall depict installation of a perimeter block wall on the project site except in front yard setback areas. The landscape plan shall also contain perimeter block wall construction details, finishes, decorative elements, and accommodation for landscaping to deter graffiti. 4. All real estate signage must be removed from the site within one year from the date of installation. An extension of time may be granted as determined by the Planning Manager. 5. All site activities associated with grading and construction shall be screened by temporary construction fencing. Such fencing shall be secured and contain durable green mesh. 6. Graffiti on any portion of the project site before, during, and after construction shall be removed within 24 hours of first appearance. Resolution No. 2015 -02 Page 5 of 7 JANUARY 12, 2015 PAGE 2OF3 7. Should the project be built in phases, any phase shall at all times comply with the standards of the Harbor Mixed Use Transit Corridor Specific Plan. 8. The final map must be approved and recorded prior to the sale of the first unit. 9. 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. 10. Development within the area of the map is subject to development and permit fees in effect at the time of permit issuance. 11. Development within the area of the map is subject to design and development standards in effect at the time of permit issuance. 12. Two copies of the recorded final map and CC &Rs shall be submitted each to the Planning Division, Fire Department, Building Division, and Public Works Agency within 10 days of recordation. 13. Pursuant to Section 66474.9(b) of the Subdivision Map Act, the applicant shall defend, indemnify, and hold harmless the Citv. and its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, any approval of the City concerning this subdivision application, which action is brought within the time period provided for in Section 66499.37. B. Police Department 1. Prior to submittal into Building plan check, a security plan must be submitted to the Police Department for review and approval. The plan will be required to outline hours of operation for the surface parking areas (secured /open) as well as the proposed public plaza along Harbor Boulevard. 2. Building and unit addressing must comply with the City's emergency service standards. 3. Prior to submittal into Building plan check, the applicant shall provide a photometric study to the Police Department showing compliance with the 1 footcandle requirement for the project site. Resolution No. 2015 -02 Page 6 of 7 JANUARY 12, 2015 PAGE 3OF3 4. The final design, including safety enhancements of the public plaza along Harbor Boulevard, shall be coordinated among the Planning Division, Police Department, and the applicant, and shall at a minimum contain: a. A means of securing the site and restricting the general public's access between sunset and sunrise; b. On -site management's means of enforcing the City's No Trespassing Policy; and C. Provisions for the on -site management to maintain an active file with the Police Department's No Trespassing Program. 8 Resolution No. 2015 -02 Page 7 of 7