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HomeMy WebLinkAboutRESO 2019-06_1514 AND 1516 N ENGLISH STREETLS 2.25.19 RESOLUTION NO. 2019-06 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING TENTATIVE TRACT MAP NO. 2018-01 AS CONDITIONED TO ALLOW THE SUBDIVISION OF TWO EXISTING LOTS INTO SIX FEE -SIMPLE LOTS AT 1514 AND 1516 NORTH ENGLISH 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. Marwan Alfifai with Dania Investment, LLC ("Applicant') is requesting approval of Tentative Tract Map No. 2018-01 to subdivide two existing lots into six fee -simple lots and a private street to facilitate the construction of six new single-family residential units at 1514 and 1516 North English 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. 2018-01 came before the Planning Commission of the City of Santa Ana on February 25, 2019, for a duly noticed public hearing. D. The Planning Commission of the City of Santa Ana determines that the following findings, which must be established in order to approve Tentative Tract Map No. 2018-01, have been established as required by Section 34- 127 of the SAMC and the California Subdivision Map Act: The proposed project and its design and improvements are consistent with the Low Density Residential (LR -7) land use 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 Low Density Residential (LR -7) land use designation of the General Plan and are otherwise consistent with all other elements of the General Plan. The proposed subdivision of land will create six (6) legal lots and will be consistent with the various provisions of the General Plan. Resolution No. 2019-06 Page 1 of 7 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 City's zoning and subdivision ordinances and all other applicable codes. The proposed project conforms to the Single -Family Residence (R-1) provisions of the zoning code that pertain to lot size and width, lot coverage, parking, and landscaping; by doing so, the project and the construction within the project site guarantee conformance to all development standards of the R-1 zoning 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. There are no physical constraints on the site that would preclude development. The proposed site consists of approximately 1.22 acres of land and is physically suitable for the proposed development. The lot size, density, width, and lot coverage are consistent with the existing surrounding properties in the neighborhood. 4. The design and improvements of the proposed project will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. The design and improvements of the proposed project will not cause substantial environmental damage or substantially and avoidably injure fish and 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. 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. 2014-08. Resolution No. 2019-06 Page 2 of 7 6. 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. The design and improvements of the proposed project will not conflict with easements necessary for public access or use of the property within the proposed project. The conceptual design of all construction for the property will not affect potential improvements to English Street. In addition, the application will be recording covenants, conditions and restrictions (CC&Rs) to ensure reciprocal rights and maintenance agreements between properties. Section 2. In accordance with the California Environmental Quality Act (CEQA), the project is exempt pursuant to CEQA Guidelines Section 15332, Class 32, In -Fill Development. The proposed project is consistent with both the City of Santa Ana General Plan land use designation that is applicable to the site and the City of Santa Ana Zoning Ordinance. No General Plan Amendment or Zone Change will be required to accommodate this project. In addition, the proposed project complies with the applicable development standards. The project is located within City boundaries and on a site less than five acres. No native or natural habitats are found within the project site or adjacent parcels. The approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. The project will be adequately served by all required utilities and public services. Based on this analysis, a Notice of Exemption for Environmental Review No. 2014-08 will be filed for this project. 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. Section 4. The Planning Commission of the City of Santa Ana, after conducting the public hearing, hereby approves Tentative Tract Map No. 2018-01 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 above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated February 25, 2019, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. Resolution No. 2019-06 Page 3 of 7 ADOPTED this 25th day of February 2019 by the following vote: AYES: Commissioners: ALDERETE, BENAVIDES, CANO, MCLOUHGLIN, NGUYEN, VERINO (6) NOES: Commissioners: ABSENT: Commissioners: CONTRERAS-LEO ABSTENTIONS: Commissioners: Mark McLoughlin Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: c < < rte Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2019-06 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on February 25, 2019. Date: M6 -1I H AW141C_&_� Recording Secretary City of Santa Ana Resolution No. 2019-06 Page 4 of 7 EXHIBIT A Conditions of Approval for Tentative Tract Map No. 2018-01 Tentative Tract Map No. 2018-01 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, the following conditions of approval are applicable: The Applicant must comply with each and every condition listed belowrip or 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 Site Plan Review approval of DP No. 2014-08. 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 to the Planning Division, Building Division, Public Works Agency and Orange County Fire Authority (OCFA) within 10 days of recordation. Resolution No. 2019-06 Page 5 of 7 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 Projects 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. Resolution No. 2019-06 6. Page 6 of 7 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. 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. 2019-06 Page 7 of 7 C L