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HomeMy WebLinkAbout32A - TENTATIVE TRACT MAP 2018-04REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 15, 2019 TITLE: RECEIVE AND FILE STAFF REPORT APPROVING TENTATIVE TRACT MAP NO. 2018-04 TO SUBDIVIDE A PROPOSED TOWNHOME DEVELOPMENT INTO EIGHT CONDOMINIUM UNITS AT 3417 AND 3425 WEST FIFTH STREET - DAVID DUONG, APPLICANT (STRATEGIC PLAN NOS. 3,2) o�� CITY AGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1� Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving Tentative Tract Map No. 2018-04 as conditioned. PLANNING COMMISSION ACTION At its regular meeting on December 10, 2018, the Planning Commission by a vote of 5:0 (Alderete abstained), adopted a resolution approving Tentative Tract Map No. 2018-04 as conditioned to subdivide a proposed townhome development into eight condominium units at 3417 and 3425 West Fifth Street located in the Harbor Mixed -Used Transit Corridor Specific Plan (SP -2), Neighborhood Transitional subzone. The Planning Commission made no changes to the recommendation outlined in the attached staff report (Exhibit A). DISCUSSION The applicant, David Duong, representing Little Saigon, LLC., is proposing to subdivide a proposed townhome development on an existing 0.45 -acre parcel into eight units. Each of the eight proposed units will provide a two-story townhome residential structure. The proposed structures range from four -bedrooms and three bathroom units at a size of 2,062 square feet, to a smaller 1,674 -square foot three bedroom and two -and -half bathroom design. All of the units will provide a tuck -under two -car garage. Based on a review of the tentative tract map by the Planning Division, Orange County Fire Authority, and Public Works Agency, the project has been designed to be in compliance with the applicable development standards found in Chapter 34 (Subdivision) and 41 (Zoning) of the Santa Ana Municipal Code and applicable SP -2 zoning district requirements, and also in compliance with all applicable state codes. 32A-1 Receive and File Staff Report Approving Tentative Tract Map No. 2018-04 January 15, 2018 Page 2 The project will provide an opportunity for additional housing on a parcel that is currently under- utilized. These improvements will help to enhance the quality of life of the surrounding community. Full-sized site plans are available for public viewing in the Clerk of the Council Office. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #3 - Economic Development, Objective #2 (create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies). FISCAL IMPACT Based on the development of the new eight -unit tuck -under residences, the City is expected to generate approximately $96,000 in permit fees. The project will also increase the property tax for the individual units. The properties are currently vacant and have a taxable value of approximately $688,000. Upon completion of the project, the estimated taxable value of the property is approximately $6.9 million. A $6.2 million increase in assessed value would be roughly another $12,000 in annual property tax revenue to the City ($6.2 million X 1% property tax X 19% City share). Minh Thai Executive Director Planning and Building Agency IO:fg S:RFCA\201 M1-15-19\PBA TTM 18-04 RFCA.cc Exhibit: A. Planning Commission Staff Report 32A-2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: DECEMBER 10, 2018 TITLE: PUBLIC HEARING — TENTATIVE TRACT MAP NO.2018-04 TO SUBDIVIDE A PROPOSED TOWNHOME DEVELOPMENT INTO EIGHT CONDOMINIUM UNITS LOCATED AT 3417 AND 3425 WEST FIFTH STREET — DAVID DUONG, APPLICANT {STRATEGIC PLAN NO. 3,2) Prepared by Ivan Orozco Executive Director RECOMMENDED ACTION PLANNING COMMISSION SECRETARY APPROVED ❑ As Recommended ❑ As Amended 0 Set Public Hearing For DENIED ❑ Applicant's Request ❑ Staff Recommendation CONTINUED TO Planning Manager Adopt a resolution approving Tentative Tract Map No. 2018-04, as conditioned. Executive Summary David Duong, representing Little Saigon, LLC., is requesting approval of a tentative tract map to permit the subdivision of a proposed eight -unit, two-story attached townhome development for the vacant properties located at 3417 and 3425 West Fifth Street. Pursuant to SAMC Sec. 34- 127, the City of Santa Ana Planning Commission is responsible for approving tentative tract maps. Staff is recommending approval of the applicant's request due to the project's compliance with the zoning and all corresponding development standards. Table 1: Project and Location Information Item: Information Project Address 3417 and 3425 West Fifth Street Nearest Intersection Fifth and Jackson Streets General Plan Designation Urban Neighborhood (UN) Zoning Designation Harbor Mixed -Used Transit Corridor Specific Plan (SP -2) — Neighborhood Transitional. Surrounding Land Uses North Single -Family Residences East Single -Family Residences/Industrial Uses South Single -Family Residences/Commercial Uses West Single -Family Residences/Commercial Uses Property Size 0.45 Acres Exhibit A 32A-3 TTM No. 2018-04 December 10, 2018 Page 2 Item Information Existing Site Development The site is currently vacant. Use Permissions Uses SP2 Table 3-2: Permitted Uses Development Standards SP2 Table 3-3: Building Type and Form Proiect Background In October 2014, the City Council adopted the Harbor Mixed Use Transit Corridor Specific Plan, which replaced the North Harbor Specific Plan and allows for a greater amount of residential, commercial, and mixed-use projects in the Specific Plan area. Following the concepts and goals of the Specific Plan, in 2015, the City received a proposal to develop the site with eight attached tuck -under residential units arranged in two buildings, each containing four units. The two-story buildings will contain units comprised of four bedrooms, three bathrooms, and a two -car garage. After several submittals of the project and working with staff to comply with the provisions of the Harbor Plan, and after receiving feedback from the community about the scale of the proposed project, open space, and traffic and ingress/egress, the applicant revised the plans. The revisions resulted in an alternative, more contemporary architectural style to reduce the massing and height of the structures, additional open space areas at the rear of the project site, and enhancements to the Fifth Street -facing units. These revisions also included upgrades to the block walls, front -entry orientation, and location of the accessory mechanical units. The design of the development meets all requirements of the Specific Plan and those imposed by the Citywide Design Guidelines relating to residential projects. Prolect Description The West Fifth Villas project consists of eight two-story tuck -under residential units. The site is developed with two buildings, each of which will provide four units each. Although, the project is allowed by right, the proposal also includes a tentative tract map to subdivide the development for condominium purposes, as this requires action by the Planning Commission and City Council. Two driveways exist, one on Jackson Street and the second on Fifth Street. Consideration for trash pick-up has been made as the entrance for vehicle service will be the driveway on Jackson Street, having the refuse truck exit onto Fifth Street where the trash enclosure is easier to service. A rear common area/open space walkway and seating area has been incorporated for the tenants to access their units and for recreation purposes. Each one of the residential units will provide a two -car garage. Table 2: Residential Unit Information West Fifth Villas Subdivisions .., Unit Number Unit Size Garage Square Number of Bedrooms Bathrooms Private Private Foota e Stories Open Space Laundry 1 2,157 SF 430 SF 2 4 3 144 SF Yes 32A-4 TTM No. 2018-04 December 10, 2018 Page 3 West FifthYillas Subdivisiorr, - Unit Number Unit Size Garage Square Foota e Numberof Stories Bedrooms Bathrooms Private Open Space Private Laundry 2 2,002 SF 430 SF 2 4 3 90 SF Yes 3 2,062 SF 430 SF 2 4 3 138 SF Yes 4 2,018 SF 430 SF 2 4 3 120 SF Yes 5 1,998 SF 430 SF 2 4 3 90 SF Yes 6 2,002 SF 430 SF 2 4 3 90 SF Yes 7 2,062 SF 430 SF 2 4 3 138 SF Yes 8 1,674 SF 440 SF 2 3 2.5 115 SF Yes Design considerations have been taken for the development in all facets. The two units adjacent to Jackson Street have oriented the front door to either face Jackson or for the case of Unit five, the front door faces the intersection diagonally. This design feature is meant to have the building connect to the street. Improved pavement materials will be used for the driveway and pedestrian walkway at the north, including stamped concrete for the pedestrian area. Private open space in form of balcony areas are required by the development standards listed in the Harbor Mixed - Used Transit Corridor Specific Plan. As per Tables 2 and 3, the minimum square footage of each balcony is 90 square feet, with the largest balcony belonging to unit 1 at 144 square feet. Laundry rooms have been incorporated to each unit. Another design feature provided in each unit is having an open ground floor that allows the living room, dining room, and kitchen to flow seamlessly without any partitions. A full landscape design approach was also provided and will incorporate a tiered system of landscaping materials; trees, shrubs, and vines will be used throughout. Additionally, the block wall will have 12 -inch by 12 -inch pilasters throughout to create a break in the full wall construction. A billboard currently occupies a portion of the southeast comer of the property. As the development of the site continues and permits are issued, the billboard will be removed Indefinitely. As Table 3 indicates, a rate of 0.25 guest parking spaces is required per unit, for a total of two parking spaces. A benefit of the Neighborhood Transitional Subzone within the SP -2 is that parking can be accommodated on -street. Additionally, through the design of the aprons and driveways, it was identified that additional on -street parking would be available, therefore supplementing the required two spaces. Table 3: Development Standards Table; W, Buildin" .T e`and Form SP2 - Harbo .Miked•Use Trensifccirridor Standard (Tuck —Under) Required/Allowed Provided Density Range 12-18 Units 8 Units Lot Depth 75 Feet (Minimum) 155 Feet Lot Width 95-250 Feet 128 Feet 32A-5 TTM No. 2018-04 December 10, 2018 Page 4 Table 3=3, Building Type and Form (SP2 — Harbor Mixed -Use Transit Corridor) Standard(Tuck —Under Required/Allowed Provided Height (Stories) 2-3 Stories 2 Stories Guest Parking 2 (0.25 per unit) SP2 allows for street parking Private Open Space 90 Square Feet Minimum 90 Square Feet Prosect Analysis Tract Mao Subdivision requests are governed by Chapter 34 and Chapter 41 of the SAMC. Pursuant to Section 66473.5 and 66474 of the California Subdivision Map Act, applications for tentative tract maps are approved when it can be shown that findings can be made in support of the request. Specifically, findings related to the proposal need to be made that find the project is consistent with the General Plan, the site is physically suitable for the type and density of the proposed project, the proposed project will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat, the proposed project will not cause serious public health problems, or the proposed project will not conflict with easements necessary for public access through or use of the property must be made. Using this information staff has prepared the following analysis, which, in tum fors the basis for the recommendation contained in this report. In analyzing the applicant's request, staff believes that the following analysis warrants approval of the tentative tract map. The applicant is seeking approval of a tentative tract map to subdivide for condominium purposes, as the proposed development consists of eight attached tuck -under units. Upon completion of the subdivision, the lots will continue to be utilized for residential use in the for of attached townhome type structures. in reviewing the project, staff determined that the proposal as conditioned is consistent with the various provisions of the City's Zoning Code and General Plan, including lot size, lot coverage, and parking. Further conditions of approval have been included to bring the site's landscaping, architectural design, and Covenant Conditions and Restrictions to be in compliance with all applicable standards of the SAMC. Further, no adverse environmental impacts to fish or wildlife populations were identified as the project site is located in a built -out, urbanized area. Finally, the tentative tract map was found to be consistent with the California Subdivision Map Act and Chapter 34 of the Municipal Code. The overall project site provides an opportunity for additional housing and development that would otherwise continue to remain as a vacant, under-utilized parcel. These improvements will help to enhance the quality of life in the surrounding community by providing 8 units of for -sale housing. The proposed project is part of the Harbor Mixed -Used Transit Corridor Specific Plan and has been designed to Incorporate significant design features, articulating elevations in order to minimize any visual impacts on surrounding land uses. Furthermore, the project has been designed to be architecturally integrated with other single-family residences in the area and is consistent with Policies 2.10 and 3.5 of the Land Use Element that supports new development 32A-6 TTM No. 2018-04 December 10, 2018 Page 5 which is compatible in scale and character with existing development in the area. The development of this !vacant lot also supports Policy 1.3 of the Housing Element that promotes a complementary mix of land uses that improves the character and stability of neighborhoods. Table 4• CEQA Strategic Plan Alignment and Public Notification & Community Outreach CEQA, Strategic Pian Alignment; and Public Notificatiom&: Community,Outreach .. , CEQA ' CEQA Type Previously evaluated per EIR No. 2014-01 Document Type In -Fill Development Projects evaluated per the Harbor Mixed -Use Transit Corridor Specific Plan Reason(s) The proposed development project has been determined to be adequately Exempt or Analysis evaluated in the previously certified EIR No. 2014-01 as per Sections 15162 and 15168 of the CEQA guidelines. • . , Strategic:Plan Alignment- ., Goal(s), Policy or Approval of this item supports the City's efforts to meet Goal #3 — Economic Policies Development, Objective #2 (create new opportunities for businessfjob growth and encourage private development through new General Plan and Zoning policies) Public' Notification & Co' ' munity!,Outreach A public notice was posted on the project site on November 29, 2018. Notification by mail was mailed to all property owners and occupants within 500 feet of the project site on November 29, 2018. posting was published in the Orange County Reporter on November Required MeasuresNewspaper 29, 2018. The Santa Anita Association representative was contacted to identify any areas of concern due to the proposed project. At the time this report was printed, no issues of concern were raised regarding the proposed development. Economic Development Benefits Based on the development of the new eight -unit tuck -under residences, the City is expected to generate approximately $96,000 in permit fees. The project will also Increase the property tax for the individual units. The properties are currently vacant and have a taxable value of approximately $688,000. Upon completion of the project, the estimated taxable value of the property Is approximately $6.9 million. Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Tentative Tract Map No. 2018-04 as conditioned. 32A-7 TTM No. 2018-04 December 10, 2018 Page 6 I Ivan Orozco Assistant Planner II 10: sb SAPlanning ComMISSIOn12019Al2-10-MW 2018-04 3417 W Fifth. pc Exhibits: 1 —Resolution I 2 — Vicinity Zoning and Aerial View 3 — Site Photo 4 — Site Plan 5 — Elevations 6 — Tentative Tract Map 32A-8 LS 12.10.18 RESOLUTION NO. 2018-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING TENTATIVE TRACT MAP NO. 2018-04 AS CONDITIONED TO ALLOW AN EIGHT -UNIT SUBDIVISION FOR CONDOMINIUM PURPOSES FOR THE PROPERTY LOCATED AT 3417 WEST FIFTH 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. David Duong, representing Little Saigon, LLC ("Applicant'), is requesting approval of a tentative tract map to permit the subdivision of a proposed eight -unit two-story attached tuck -under townhome development for condominium purposes, for the vacant property located at 3417 West Fifth Street. 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. 2018-04 came before the Planning Commission of the City of Santa Ana on December 10, 2018, 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. 2018-04, 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 Urban Neighborhood (UN) 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 Urban Neighborhood (UN) land use 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 eight (8) condominium air -right units and will be consistent with the various provisions of the General Plan. EXHIBIT 1 Resolution No. 2018-xx Page 1 of 8 32A-9 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. All subdivision codes will be met as well as other applicable City ordinances. The proposed project conforms to the Neighborhood Transitional Sub -Zone of the Harbor Mixed -Used Transit Corridor Specific Plan (SP2) provisions of the zoning code that pertain to lot size, parking, and landscaping; by doing so, the parcel and the construction within the parcel guarantee conformance to all Neighborhood Transitional istandards of the SP2. 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 range from 12 to 18 units per acre, depending on the building type. The proposed density of the project is eight (8) units, which is well -below the minimum of 12. The proposed site consists of approximately 0.45 acres of land and is physically suitable for the proposed development, where access to the site will be from Jackson Street and Fifth 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 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. 2014-01 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. Resolution No. 2018-xx Page 2 of 8 32A-10 The design or improvements of the proposed project will not cause serious health problems, with the proposed subdivision i not having any detrimental effects upon the general public. The property will include necessary utilities and infrastructure improvements as required under Developmerit Project Review No. 2015-41. I I 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 Fifth 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. 2014-01) of the State 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 Harbor Mixed -Used Transit Corridor Specific Plan development standards. The project meets several General Plan goals and policies, including Land Use Element's Goal 1 (to promote a balance of land uses to address basic community needs), Goal 2 (to promote land uses which enhance the City's economic and fiscal viability), and Goal 3 (to preserve and improve the character and integrity 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 at the northeast intersection of Fifth and Jackson Streets. Based on this analysis, a Notice of Exemption for Environmental Review No. 2018-10 will be filed for this project. Resolution No. 2018-xx Page 3 of 8 32A-11 Section 3. 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 sole negligence of the City of Santa Ana. I � Section 4. The Planning Commission of the City of Santa Ana, after conducting the public hearing, hereby approves Tentative Tract Map No. 2018-04 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 December 10, 2018, and exhibits attached thereto; and the public testimony, written and oral, all, of which are incorporated herein by this reference. ADOPTED this 10th day of December 2018, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Lisa Storck Assistant City Attorney Mark McLoughlin Chairperson 32A-12 Resolution No. 2018-xa Page 4 of 8 i CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BER,NAL, Recording Secretary, do hereby attest to and certify the attached Resolution No! 2018-xx to be the original resolution adopted by the Planning Commission of 'the City of Santa Ana on December 10, 2018. Date: Recording Secretary City of Santa Ana Resolution No. 2018-xx Page 5 of 8 32A-13 Conditions of Approval December 10, 2018 EXHIBIT A 1. Conditions for Approval for Tentative Tract Map No. 2018-04 Tentative Tract Map No. 2018-04 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 belowrip 'or to exercising the rights conferred by this tentative tract map. i 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. A. Planning Division 1. All proposed site improvements must conform to the Site Plan Review approval of DP No. 2015-41. 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 site plan review must be amended. 3. Applicant must submit Covenants, Conditions and Restrictions (CC&R's) for the project to the case planner for review and approval prior to the final map being recorded. 4. The final map must be approved and recorded prior to issuance of building permits. 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 Santa Ana Municipal Code and the requirements of the State Subdivision Map Act. 6. 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. Resolution No. 2018-xa Page 6 of 8 32A-14 Conditions of Approval December 10, 2018 7. Property Maintenance Agreement. Subject to review and applicability by the Planning and Building Agency, the Community Development Agency, the PublicWorksAgency, andl 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 o1r 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) i 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 the maintenance agreement and both shall be jointly and severally liable for compliance with its terms. Resolution No. 2018-xx Page 7 of 8 32A-15 Conditions of Approval December 10, 2018 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. i 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. 2018-xx Page 8 of 8 32A-16 11/27/2018 TM 2018-04, Fifth Street Villas i 0 201A pinnal Man Vrodncts. All dohts reserved. http.*//apps.spatialstream.coMproduction/dashboard/8/9/0/CurrentBuil32Jtl mtI-, gJltml 1/1 TM No. 2018-04 FIFTH STREET VILLAS 3417 WEST FIFTH STREET SITE PHOTO EXHIBIT NO.3 32A-18 1p9Z . . . . . . . . . . . . . 11 L "A - - - -- ------ ----------- -------- - TM No. 2018-04 FIFTH STREET VILLAS 3417 WEST FIFTH STREET SITE PLAN EXHIBIT NO. 4 32A-19 ra-. m ma.,a n. �eayoy Mtt�`.u4 9�mNiw,q w IN THE CITY OF SANTAANA. COUNTY OF ORANGE STATE OF CALIFORNIA FOR CONDONIMUN PURR SES, RESIDENTIAL TM No. 2018-04 FIFTH STREET VILLAS 3417 WEST FIFTH STREET TENTATIVE TRACT MAP EXHIBIT NO.6 32A-21 `51i e F . �.. i I :�rD�NxmvMAP T-1 ------------ E TM No. 2018-04 FIFTH STREET VILLAS 3417 WEST FIFTH STREET TENTATIVE TRACT MAP EXHIBIT NO.6 32A-21 `51i e F . �.. i I :�rD�NxmvMAP T-1 32A-22