HomeMy WebLinkAboutRESO 2019-05_TPM 2018-02_2110, 2114, 2020 EAST FIRST STREETLS 07,24,19
RESOLUTION NO. 2019-05
A RESOLUTION OF THE ZONING ADMINISTRATOR OF
THE CITY OF SANTA ANA APPROVING TENTATIVE
PARCEL MAP 2018-02 (COUNTY MAP NO. 2016-165) AS
CONDITIONED TO COMBINE A SITE CONSISTING OF
TWO PARCELS INTO ONE LOT AND CREATE TWO
AIRSPACE CONDOMINIUM UNITS AT 2110, 2114, AND
2020 EAST FIRST STREET
BE IT RESOLVED BY THE ZONING ADMINISTRATOR OF THE CITY OF
SANTA ANA AS FOLLOWS:
Section 1. The Zoning Administrator of the City of Santa Ana hereby finds,
determines and declares as follows:
A. Applicant is requesting approval of a Tentative Parcel Map to allow the
subdivision of a site consisting of two parcels into one lot with two
condominium units at 2110, 2114, and 2020 East First Street.
B. Santa Ana Municipal Code Section 34-126 requires approval of a
Tentative Parcel Map by the Zoning Administrator.
C. On July 31, 2019, the Zoning Administrator held a duly noticed public
hearing on Tentative Parcel Map 2018-02.
D. The Zoning Administrator of the City of Santa Ana determines that the
following findings, which must be established in order to approve this
Tentative Parcel Map pursuant to Santa Ana Municipal Code (SAMC)
Section 34-126 and the State Subdivision Map Act, have been established
for Tentative Parcel Map 2018-02:
1. The proposed project, as conditioned, and its design and improvements
are consistent with the General Commercial (C-2) zoning district and Metro
East Mixed Use (MEMU) Overlay Zone (OZ-1) provisions and are otherwise
consistent with all other Elements of the General Plan.
The proposed project, as conditioned, and its design and
improvements will be consistent with the District Center (DC) 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 two
condominium units, one per building entitled under Site Plan Review
No. 2017-9, for the project site, that will remain consistent with the
various provisions of the General Plan, including the maximum
allowable floor area ratio.
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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 and entitled development under Site Plan
Review No. 2017-9, as conditioned, will conform to all applicable
requirements of the zoning and subdivision codes as well as other
applicable City ordinances. The proposed project, with an approved
density bonus agreement, conforms to the land use provisions of
the zoning code that pertain to lot size, lot frontage, landscaping,
setbacks, lot coverage, and parking.
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 proposed project consists of the subdivision of
two parcels into a single lot with two condominium units, one per
entitled building, with a new mixed -use affordable residential and
commercial development, and with an approved density bonus
agreement will be in compliance with all applicable development
standards of the zoning district, and is able to accommodate the
entitled development.
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 site 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 public health problems. The proposed subdivision will not
have any detrimental effects upon the general public. Each lot will
include the necessary utilities and infrastructure improvements as
required under TPM No. 2018-02.
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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 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. Reciprocal access agreements
between the project site and the adjacent midrise office building to
the west at 2020 East First Street have been recorded, ensuring that
all required life -safety access requirements will be maintained. The
Applicant will ensure that any/all additional necessary easements,
including but not limited to access, egress and drainage between the
two buildings on the project site are provided once construction
commences on the sites.
Section 2. In accordance with the California Environmental Quality Act (CEQA),
the initial project, Site Plan Review No. 2017-09, considered by the Planning Commission
on June 4, 2018, was determined to be adequately evaluated in the previously certified
EIR No. 2006-01 as per Section 15162 of the CEQA guidelines. All mitigation measures
in EIR No. 2006-01 and associated Mitigation Monitoring and Reporting Program (MMRP)
have been enforced and continue to apply to the proposed project.
Pursuant to Section 15162 of the CEQA guidelines, when an EIR has been
certified or a negative declaration adopted for a project, no subsequent EIR shall be
prepared for that project unless the lead agency determines, on the basis of substantial
evidence in the light of the whole record, one or more of the following:
(1) Substantial changes are proposed in the project which will require major
revisions of the previous EIR or negative declaration due to the involvement of
new significant environmental effects or a substantial increase in the severity of
previously identified significant effects;
(2) Substantial changes occur with respect to the circumstances under which the
project is undertaken which will require major revisions of the previous EIR or
negative declaration due to the involvement of new significant environmental
effects or a substantial increase in the severity of previously identified significant
effects: or
(3) New information of substantial importance, which was not known and could not
have been known with the exercise of reasonable diligence at the time the
previous EIR was certified as complete or the negative declaration was adopted,
shows any of the following:
(A) The project will have one or more significant effects not discussed in the
previous EIR or negative declaration;
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(B) Significant effects previously examined will be substantially more severe than
shown in the previous EIR;
(C) Mitigation measures or alternatives previously found not to be feasible would
in fact be feasible and would substantially reduce one or more significant
effects of the project, but the project proponents decline to adopt the
mitigation measure or alternative; or
(D) Mitigation measures or alternatives which are considerably different from
those analyzed in the previous EIR would substantially reduce one or more
significant effects on the environment, but the project proponents decline to
adopt the mitigation measure or alternative.
The proposed subdivision does not include substantial changes to the already -approved
development project that require major revisions of the previous EIR, and no substantial
changes to the circumstances under which the subdivision is being taken since the
original Site Plan Review's approval by the Planning Commission in June 2018.
Moreover, no information of substantial importance has been received since the original
EIR's certification in 2007 and the Subsequent EIR's certification in 2018 that trigger
knowledge or impacts from new significant effects, increase in severity of significant
effects, new mitigation measures that are considerably different from the original
mitigation measures or that are now feasible. As a result, pursuant to Section 15162 of
the CEQA guidelines, no further CEQA documentation will be required for the project.
As outlined in the Planning Commission staff report, the project and subdivision
are consistent with the City's General Plan and the MEMU regulating plan. Further, it is
consistent with the density bonus provisions outlined in the City's Housing Opportunity
Ordinance. The project site is located within city limits. It is already in an urbanized setting
surrounded by urban uses, and the project has not been identified as habitat for
endangered, rare or threatened species. No additional environmental review is required
for the subdivision.
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 Zoning Administrator of the City of Santa Ana after conducting
the public hearing hereby approves Tentative Parcel Map 2018-02, as conditioned as set
forth in Exhibit A attached hereto and incorporated herein by reference, for the property
located at 2110, 2114, and 2020 East First Street. This decision is based upon the
evidence submitted at the abovesaid hearing, which includes, but is not limited to: the
Request for Zoning Administrator Action dated July 31, 2019, and exhibits attached
thereto; and the public testimony, written and oral, all of which are incorporated herein
by this reference.
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ADOPTED this 315t day of July, 2019.
Verny Carvajal, AICP
Zoning Administrator
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Sarah Bernal, Recording Secretary, do hereby attest to and certify the attached
Resolution No. 2019-05 to be the original resolution adopted by the Zoning
Administrator of the City of Santa Ana on July 31, 2019.
Date: 71019
Recording Secretary
City of Santa Ana
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EXHIBIT A
Conditions of Approval
Tentative Parcel Map No. 2018-02 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 approval.
The Applicant must remain in compliance with all conditions listed below throughout the
life of the tentative parcel map. Failure to comply with each and every condition may
result in the revocation of the tentative parcel map.
1. Two copies of the recorded final parcel map shall be submitted each to the
Planning Division, Building Division and Public Works Agency within 10
days of recordation.
2. The tentative parcel map, final map and all improvements required to be
made or installed by the subdivider shall be in accordance with the
requirements and design standards and specifications of the City of Santa
Ana Municipal Code and the requirements of the State Subdivision Map
Act.
3. Prior to recordation of the final map, the Applicant shall submit for review
and approval Conditions, Covenants and Restrictions (CC&R's) for the
project. At a minimum, the CC&R's shall cover access, egress, drainage,
and landscape maintenance.
4. The project must be in compliance with the provisions of Development
Project Review/TPM (TPM No. 2018-02).
5. The property shall be maintained at all times. All weeds, debris and graffiti
shall be removed within 24 hours. Further, the perimeter fence shall be
maintained in a clean and sturdy condition.
6. Prior to final map approvals by the City Council and prior to County map
recordation, a density bonus agreement must be executed between the City
of Santa Ana and the property owner(s) and/or developer(s). (Modified by
the Zoning Administrator on July 31, 2019.)
7. Prior to issuance of the certificate of occupancy, the applicant shall
coordinate with the southern adiacent property owner to determine
appropriate wall/fence heights suitable to both properties. (Added by the
Zoning Administrator on July 31, 2019.)
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