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Home My WebLink AboutRESO 2019-18_3109 W EDINGER AVENUELS 5.13.19 RESOLUTION NO. 2019-18 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA RECOMMENDING TO THE CITY COUNCIL APPROVAUADOPTION OF THE FOLLOWING: (1) MITIGATED NEGATIVE DECLARATION (ENVIRONMENTAL REVIEW NO. 2015-14) AND A MITIGATION MONITORING AND REPORTING PROGRAM; (2) GENERAL PLAN AMENDMENT NO. 2017-03; (3) TENTATIVE TRACT MAP NO. 2017-04, AS CONDITIONED; AND (4) VARIANCE NO. 2017-10 AS CONDITIONED FOR THE TOWNHOME PROJECT LOCATED AT 3025 AND 3109 WEST EDINGER 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. Colleen Bathgate representing Haphan Group, Inc. (Applicant) is requesting approval of General Plan Amendment No. 2017-03, Tentative Tract Map No. 2017-04, as conditioned and Variance No. 2017-10, as conditioned in order to facilitate construction of 17 townhomes on a 1.22-acre site at 3025 and 3109 West Edinger Avenue. B. The provisions of the California Environmental Quality Act of 1970 (CEQA), Public Resources Code Sections 21000 et. seq., as amended, requires the evaluation of environmental impacts in connection with proposals for discretionary projects. C. Pursuant to the Guidelines for the Implementation of the California Environmental Quality Act, an Initial Study relative to the proposed project concluded that implementation of the project could result in potentially significant effects on the environment and identified a mitigation measure that would reduce the significant effects to a less -than -significant level. D. The City of Santa Ana prepared a Mitigated Negative Declaration (MND), Environmental Review No. 2015-14 for the proposed project which reflects the City's independent judgement and analysis as lead agency for the project. The Mitigated Negative Declaration concluded that the project would have a less than significant environmental impact with implementation of a mitigation measure to address noise by providing noise barriers to limit Resolution No. 2019-18 Page 1 of 5 exterior noise limited to 65 dBa CNEL for the eight southern yards. E. On June 11, 2018, Notice of Intent to adopt the Initial Study and Mitigated Negative Declaration, Environmental Review No. 2015-14 was published in the Orange County Register newspaper and circulated to interested parties. F. The documents related to the Mitigated Negative Declaration were made available for a 20-day public review and comment period at the Santa Ana City Hall, the Main Library, and on the project webpage on the City's website. G. The mitigation measure for noise set forth in the Mitigated Negative Declaration is fully enforceable and will be implemented using the Mitigation Monitoring and Reporting Program. H. The Applicant is requesting approval of General Plan Amendment No. 2017- 03 to amend the General Plan land use designation of the properties at 3025 and 3109 West Edinger Avenue from Low Density Residential (LR-7) to Medium Density Residential (MR-15) and to update text portions of the City's Land Use Element to reflect this change in order to facilitate construction of a 17-unit townhome development on a 1.22-acre site. I. The City of Santa Ana is proposing to change the land use designation of four adjacent properties at 2935, 3007, 3013, and 3019, West Edinger Avenue totaling 1.64-acres from Low Density Residential (LR-7) to Medium Density Residential (MR-15) and to update text portions of the City's Land Use Element to reflect this change. J. The Applicant is requesting approval of Tentative Tract Map No. 2017-04, as conditioned to consolidate three existing lots into one development and subdivide the site for 17 condominium units on a 1.22-acre site at 3025 and 3109 West Edinger Avenue. K. The Applicant is requesting approval of Variance No. 2017-10 as conditioned, for this project to allow: a) increase in building height, b) reduction in the front yard setback, c) deviations to private open space and d) deviations to the living areas to be primarily on the upper floors as set forth by the Santa Ana Municipal Code. L. On May 13, 2019, the Planning Commission of the City of Santa Ana held a duly noticed public hearing to consider all testimony, written and oral, related to Mitigated Negative Declaration, Environmental Review No. 2015- 14, and the related Mitigation Monitoring and Reporting Program for the project; General Plan Amendment No. 2017-03, Tentative Tract Map No. 2017-04 as conditioned, and Variance No. 2017-10, as conditioned; at which time all persons wishing to testify were heard, the project was fully considered, and all other legal prerequisites to the adoption of this Resolution occurred. Resolution No. 2019-xx Page 2 of 5 Section 2. The Planning Commission has independently reviewed and analyzed the information contained in the Initial Study and the Mitigated Negative Declaration, Environmental Review No. 2015-14, prepared with respect to this project. Pursuant to CEQA Guidelines Section 15074(a), the Planning Commission considered the analysis and conclusion of the MND as well as the mitigations outlined in the Mitigation Monitoring and Reporting Program. The Planning Commission recommends, as a result of its consideration and the evidence presented at the hearings on this matter, that the City Council determined that, as required pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, the MND adequately addresses the expected environmental impacts of this project. On the basis of this review, the Planning Commission recommends that the City Council find that there is no substantial evidence from which it can be fairly argued that the project will independent judgment and analysis of the City Council Section 3. This Planning Commission of the City of Santa Ana after conducting the public hearing hereby recommends that the City Council adopts a resolution adopting and approving the MND and adopts the Mitigation Monitoring and Reporting Program (Attachment A), and direct that the Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law; recommends that the City Council approve General Plan Amendment No. 2017-03 (Attachment B); recommends that the City Council approve Tentative Tract Map No. 2017-04, as conditioned (Attachment C); and recommends that the City Council approve Variance No. 2017-10, as conditioned (Attachment D). 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 May 13, 2019, and exhibits attached hereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. Section 4. Pursuant to Title XIV, California Code of Regulations (CCR) § 735.5(c)(1), the Planning Commission has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any significant adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. However, pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 735.5, the payment of Fish and Game Department filing fees in conjunction with this project is at the discretion of the State of California Department of Fish and Wildlife. Section 5. 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, referendum, and other proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and Resolution No. 2019-18 Page 3 of 5 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, 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, which approval will not be unreasonably withheld, 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. ADOPTED this 13t' day of May 2019 by the following vote: AYES: Benavides, Cano, Contreras -Leo, McLoughlin, Nguyen, Rivera (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Alderete (1) G Mark c oughlin Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: v Lisa Storck Assistant City Attorney Resolution No. 2019-xx Page 4 of 5 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Commission Secretary, do hereby attest to and certify the attached Resolution No. 2019-18 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on May 13, 2019. Commission Secretary City of Santa Ana Resolution No. 2019-18 Page 5 of 5 r