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HomeMy WebLinkAbout75A - PH BEWLEY STREETREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 1, 2020 TITLE: PUBLIC HEARING — ENVIRONMENTAL REVIEW NO. 2017-161, GENERAL PLAN AMENDMENT NO. 2020-03, AND TENTATIVE TRACT MAP NO. 2020-01 TO FACILITATE CONSTRUCTION OF A 10- UNIT CONDOMINIUM DEVELOPMENT AT 1122 NORTH BEWLEY STREET CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1� Reading ❑ Ordinance on 2d Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO /s/ Kristine Ridge FILE NUMBER CITY MANAGER RECOMMENDED ACTION 1. Adopt a resolution adopting Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, Environmental Review No. 2017-161. 2. Adopt a resolution approving General Plan Amendment No. 2020-03. 3. Adopt a resolution approving Tentative Tract Map No. 2020-01 as conditioned. PLANNING COMMISSION ACTION At its regular meeting on July 13, 2020, and after receiving public testimony on the item, the Planning Commission voted 6:0:1 (Garcia absent) to recommend that the City Council (1) adopt a resolution adopting Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP), Environmental Review (ER) No. 2017-161; (2) adopt a resolution approving General Plan Amendment (GPA) No. 2020-03; and (3) adopt a resolution approving Tentative Tract Map (TTM) No. 2020-01 as conditioned. The Planning Commission required the applicant to conduct additional neighborhood outreach providing information about the project before the City Council public hearing. On Tuesday July 28, 2020, the applicant conducted a virtual community meeting to inform the community of the proposed project. Two people from the general public participated and expressed no objections to the project. The applicant will hold another community meeting on Tuesday, August 25, 2020 (Exhibit 7). Information about the meeting will be provided to the City Council prior to the hearing. Ada Rose with YNG Architects, Inc., representing Linda La, is requesting approval of the subject entitlements to facilitate the construction of a 10-unit condominium development at 1122 North Bewley Street. Staff recommends that the City Council approve the applicant's request because the project demonstrates high -quality site planning, design, and amenities, and contributes to the 75A-1 ER No. 2017-161, GPA No. 2020-03 & TTM No. 2020-01 September 1, 2020 Page 2 City's housing stock through both production of new home -ownership opportunities and payment of in -lieu affordable housing funds. Project Description The project consists of the construction of a 10-unit condominium development with four separate buildings. The units range in size from 1,618 to 1,950 square feet, consisting of two to four bedrooms, and contain a 400-square foot attached two -car garage. The site will be accessible from a driveway at the southeast corner of the site. Internal drive aisles will provide access to each unit and the central surface parking area. The project provides two garage parking spaces per unit and a 20-space surface parking area that is located in the center of the site, for an average of four spaces per unit. In addition, a four -space bicycle rack is also provided near the surface parking area. A 2,500-square foot central common open space area between Buildings B and B1 will be provided. The common open space will include a grass play area, benches, a picnic shelter with a table, barbecue grills, a sink, trash and recycle receptacles, and pedestrian lighting. Additionally, a meandering five -foot -wide walkway will be constructed along the northern project boundary to provide pedestrian access to each building along the northern site perimeter. Private open space (backyard or patio) and balconies will also be provided for each unit. The backyards and patios range in size from 250 to 1,000 square feet and the balconies range in size from 30 to 250 square feet. General Plan Amendment The applicant is requesting that the GPA is changed so that the subject site's land use designation is changed from Low Density Residential (LR-7) to Medium Density Residential (MR-15). The LR- 7 designation applies to those areas of the City that are developed with lower -density residential land uses and have an R-1 zoning designation. The allowable maximum development intensity is seven units per acre. Development in this category is characterized primarily by single-family homes. The existing Two -Family Residence (R-2) zoning for the site, however, allows for two-family dwellings and townhomes to be built on the property. The General Plan land use designation and zoning of the property are inconsistent. To make the General Plan and zoning consistent, the applicant is requesting the GPA to change the land use designation of the property to MR-15, which applies to those sections of the City that are developed with residential uses at densities of up to 15 units per acre. Development in this designation is characterized by duplexes, apartments, or a combination of both. This change request is consistent with Table A-3 (Correlation of Land Use Designation and Zoning Districts) of the General Plan Land Use Element. In addition to the applicant's request, the City is also proposing to change the land use designation of adjacent properties from LR-7 to MR-15 to create consistency between the Land Use Element and Zoning. The proposed MR-15 designation would be consistent with the existing multi -family uses to the north, south, and east. The proposed amendment will amend the General Plan land use designation of the block of higher density properties, which will encourage a cohesive development pattern. Additionally, the amendment supports planning practices to use multi -family 75A-2 ER No. 2017-161, GPA No. 2020-03 & TTM No. 2020-01 September 1, 2020 Page 3 uses as a buffer between single-family dwellings and to focus higher intensity uses and developments along arterial roadways, such as nearby Harbor Boulevard. Tentative Tract Map The applicant is seeking approval of a tentative parcel map to subdivide the property into 10 condominium units and one common area lot. In reviewing the project, staff determined that the proposal as conditioned is consistent with the various provisions of the Santa Ana Municipal Code (SAMC) and General Plan, including lot size, lot frontage, and lot coverage. No adverse environmental impacts to fish or wildlife populations were identified as the project site is located in a built -out, urbanized area. In addition, conditions of approval are included requiring the applicant to enter into a property maintenance agreement and to submit the Covenant, Conditions, and Restrictions (CC&Rs) to the Planning Division for review. The CC&Rs will ensure long-term maintenance of the landscaping, parking, buildings, and common amenities. Finally, the tentative map is consistent with the California Subdivision Map Act and Chapters 34 and 41 of the Municipal Code. California Environmental Quality Act (CEQA) Pursuant to CEQA, a MND (Environmental Review No. 2017-161) with technical studies was prepared for the project. No areas of significance were identified from the construction or operation of the proposed project. The project requires adoption of a MMRP, which contains mitigation measures to address biological resources, geology and soils, noise, tribal cultural resources, and cultural resources. On May 6, 2020, the draft MND was circulated to interested parties and the notice of intent (NOI) was published in the Orange County Register and posted with the State's Clearinghouse. The draft MND was available for public review at the City Hall and on the project's webpage on the City's website. All comments received by interested parties were included in the final document. CONCLUSION Based on the analysis provided within this report, staff recommends that the City Council adopt a resolution adopting the prepared MND and MMRP, ER No. 2017-161; a resolution approving GPA No. 2020-03; and a resolution approving TTM No. 2020-01 as conditioned. FISCAL IMPACT There is no fiscal impact associated with approval of this action. Submitted By: Minh Thai, Executive Director — Planning and Building Agency Exhibits: 1. Planning Commission Staff Report Dated July 13, 2020 2. Resolution Approving the MND and Adopting a MMRP 3. Resolution Approving GPA No. 2020-03 4. Resolution Approving TM No. 2020-01 as conditioned 5. Link to Mitigate Negative Declaration and Technical Studies 6. Full Set of Plans 7. Virtual Community Meeting Minutes 75A-3 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: JULY 13, 2020 TITLE: PUBLIC HEARING — ENVIRONMENTAL REVIEW NO. 2017-161, GENERAL PLAN AMENDMENT NO. 2020-03, AND TENTATIVE TRACT MAP NO. 2020- 01 TO FACILITATE CONSTRUCTION OF A 10- UNIT CONDOMINIUM DEVELOPMENT AT 1122 NORTH BEWLEY STREET Prepared by Jerry C. Guevara EXHIBIT I PLANNING COMMISSION SECRETARY APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For DENIED ❑ Applicant's Request ❑ Staff Recommendation CONTINUED TO Q a xecutive Director Planning nag r- RECOMMENDED ACTION Recommend that the City Council take the following actions: Adopt a resolution adopting Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, Environmental Review No. 2017-161; 2. Adopt a resolution approving General Plan Amendment No. 2020-03; and 3. Adopt a resolution approving Tentative Tract Map No. 2020-01 as conditioned. Executive Summary Ada Rose with YNG Architects, Inc., representing Linda La, is requesting approval of General Plan Amendment (GPA) No. 2020-03 and Tentative Tract Map (TM) No. 2020-01 to facilitate the construction of a 10-unit condominium development at 1122 North Bewley Street. In accordance with the California Environmental Quality Act (CEQA), the project requires approval of a Mitigated Negative Declaration (MND) and adoption of a Mitigation Monitoring and Reporting Program (MMRP), Environmental Review (ER) No. 2017-161, for the project. It is recommended that the Planning Commission recommend approval of the request to the City Council, as the project demonstrates high -quality site planning, design, and amenities, and contributes to the City's housing stock through both production of new home -ownership opportunities and payment of in -lieu affordable housing funds. Table 1: Project and Location Information Item Information Project Address 1122 North Bewley Street Nearest Intersection Bewley Street and Washington Avenue Existing General Plan Designation Low Density Residential (LR-7) Proposed General Plan Designation Medium Density Residential (MR-15) 75A-4 ER No. 2017-161, GPA No. 2020-03 & TTM No. 2020-01 July 13, 2020 Page 2 Zoning Designation Two -Family Residence (R-2) Surrounding Land Uses North Multi -Family Residential East Multi -Family Residential South Multi -Family Residential West Commercial / Auto Sales and Services Site Size 0.87 acres Existing Site Development The site is vacant Applicable Zoning Code Sections SAMC Chapter 41, Article ll, Divisions 4 and 6 (SAMC Sections 41-246 to 41-256 Entitlements SAMC Chapter 41, Article V, Division II and Chapter 34, Article V Project Description The applicant is requesting approval of a GPA and TTM to facilitate the construction of a 10-unit condominium development consisting of four separate buildings, each with two to three units. The units range in size from 1,618 to 1,950 square feet, consisting of two to four bedrooms and contain a 400-square foot attached two -car garage. Table 2A: Unit Mix S t,.3xKy ,":� � � �r�,"ctt^jt^ ♦ ��,"`l < � 'c73 V� "raRA jfd�6�iJz�.�� P���4NP'��T�i� -�4��t� L s t: Table 213: R-2 Development Standards feet Minimum WIPP.6Yc3i.OMM9 ►W !as Rear Yard Setback 15 feet 15 feet; complies Off -Street Parking 2 spaces per unit in a garage + 2 40 spaces; complies guest spaces per unit Private Open 250 square feet 250 — 1,000 square feet per unit; Open Space Spa a er unit complies Common Open 2,500 square 2,500 square feet; complies Space feet 75A-5 ER No. 2017-161, GPA No. 2020-03 & TTM No. 2020-01 July 13, 2020 Page 3 The project's buildings are designed in a cohesive manner with unifying materials, floor heights, and articulation using contemporary architecture in a craftsman style and include a variety of neutral earth tones, concrete roof tiles, metal roofing, wood siding, stucco, and stone and brick veneer. The site will be accessed from a driveway at the southeast corner of the site. Internal drive aisles would provide access to each unit and the central surface parking area. The project provides two parking spaces in a garage per unit and a 20-space surface parking area that is located in the center of the site. In addition, a four -space bicycle rack is also provided near the surface parking area. The project provides a 2,500-square foot central public open space area between Buildings B and B1. The public open space will include a grass play area, benches, a picnic shelter with a table barbecue grills and a sink, trash and recycle receptacles and pedestrian lighting. Additionally, a meandering five -foot -wide walkway will be constructed along the northern project boundary to provide pedestrian access to each building along the northern site perimeter. Private open space (backyard or patio) and balconies will also be provided for each unit. As detailed in Table 2, the backyards and patios range in size from 250 to 1,000 square feet and the balconies range in size from 30 to 250 square feet. Project and Site Background The project site was originally developed in 1964 with a single-family residence. All of the onsite structures were demolished and cleared in 2017. In October 2017, the Planning Division received the subject application and, since then, the applicant has been working with the City to refine the site plan. In accordance with the Sunshine Ordinance, the applicant held a community meeting on March 12, 2018 to review the proposed development and receive feedback from the community and adjacent property owners and residents. The applicant provided all the required information to the City after the meeting (Exhibit 10). The community raised concerns about potential parking impacts to the neighborhood. A Planning Commission work-study session was held on April 9, 2018 where staff presented a 12- unit project. Members of the Planning Commission provided feedback and posed questions on the density, off-street parking, open space and access. Following the work-study session, the applicant revised the project to decrease the number of units to 10 units and increased the number of parking spaces to comply with current code requirements of four parking spaces per unit. Analysis of the Issues General Plan Amendment The general plan amendment is being requested to change the subject site's current land use designation as prescribed by General Plan Land Use Element from LR-7 to MR-15. The LR-7 designation applies to those areas of the City that are developed with lower -density residential land 75A-6 ER No. 2017-161, GPA No. 2020-03 & TTM No. 2020-01 July 13, 2020 Page 4 uses and have an R-1 zoning designation. The allowable maximum development intensity is seven units per acre. Development in this category is characterized primarily by single-family homes. The (R-2) zoning for the site, however, allows for two-family dwellings and townhomes. The general plan land use designation and zoning of the property are inconsistent. To make the general plan and zoning consistent, the applicant is requesting a GPA to change the land use designation of the property to MR-15, which applies to those sections of the City that are developed with residential uses at densities of up to 15 units per acre. Development in this designation is characterized by duplexes, apartments, or a combination of both. This change request is consistent with Table A-3 (Correlation of Land Use Designation and Zoning Districts) of the General Plan Land Use Element. In addition to the applicants request and as part of this application, the City is also proposing to change the land use designation of adjacent properties from LR-7 to MR-15 (Exhibit 2) to create consistency between the Land Use Element and Zoning Code. The proposed MR-15 designation would be consistent with the existing multi -family uses to the north, south and east. The proposed amendment will clean up the general plan land use designation of the block of MR-15 properties, which will encourage a cohesive development pattern. Additionally, the amendment supports planning practices to use multi -family uses as a buffer between single-family dwellings and to focus higher intensity uses and developments along arterial roadways such as Harbor Boulevard. Table 3: Existing and Proposed Land Use Designation Moreover, the project would support several goals and policies of the Housing Element. First, the project would be consistent with Goal 2, which encourages diversity of quality housing, affordability levels, and living experiences that accommodate Santa Ana's residents and workforce of all household types, income levels and age groups to foster an inclusive community. Second, the project would support Goal 4, to provide adequate rental and ownership housing opportunities and supportive services. Further, the project would be consistent with Policy HE-2.4 to facilitate diverse types, prices and sizes of housing. The project would also be consistent with goals of the Land Use Element, including Goal 1 to promote a balance of land uses to address basic community needs, and Goal 6 to reduce residential overcrowding to promote public health and safety. The proposed project will provide additional market rate housing in the City, thereby assisting in addressing the shortage of available housing within the region. The project will also provide additional housing options for those seeking housing within close proximity to transit as the project site will be nearby one of the future OC Streetcar stops. 75A-7 ER No. 2017-161, GPA No. 2020-03 & TTM No. 2020-01 July 13, 2020 Page 5 Tentative Tract Map The applicant is also requesting approval of a tentative tract map to subdivide the property for condominium purposes. 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 (SMA), 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 being consistent with the General Plan, the site is in conformance with all applicable City ordinances, the project 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 turn forms 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 parcel map to subdivide the property into 10 condominium lots and one common area lot. In reviewing the project, staff determined that the proposal as conditioned is consistent with the various provisions of the SAMC and General Plan, including lot size, lot frontage, and lot coverage. No adverse environmental impacts to fish or wildlife populations were identified as the project site is located in a built -out, urbanized area. In addition, conditions of approval are included requiring the applicant to enter into a property maintenance agreement and to submit the Covenant, Conditions and Restrictions (CC&Rs) to the Planning Division for review. The CC&Rs will ensure long-term maintenance of the landscaping, parking, buildings and common amenities. Finally, the tentative map is consistent with the California Subdivision Map Act and Chapters 34 and 41 of the Municipal Code. Table 4: CEQA. Strategic Plan Alignment and Public Notification & Community Outreach CudhstNut��e�t �Q.....`t A Mitigated Negative Declaration (MND), Environmental Review No. 2017161, with technical studies was prepared for the project. No areas of significant and unavoidable CEQA Type impacts were determined from the construction or operation of the proposed project (Exhibit 11). The project requires adoption of a Mitigation Monitoring and Reporting Program (MMRP), which contains mitigation measures to address biological resources, geology and soils, noise, tribal cultural resources and cultural resources. On May 6, 2020, the draft MND was circulated to interested parties and the notice of intent Public Notification (NOI) was published in the Orange County Register and posted with the State's Clearinghouse. The draft MIND was available for public review at the Santa Ana City Hall and on the ro'ect's web age on the Cit 's website. y, ?F;*jPublic Notification &Community Ouitreach-10 ,F? t. Site posting A public notice was posted on the project site on July 2, 2020. Required Measures Notification by mail Notification b mail was mailed to all y property owners and occupants within 500 feet of the project site on July 2, 2020. 75A-8 ER No. 2017-161, GPA No. 2020-03 & TTM No. 2020-01 July 13, 2020 Page 6 Newspaper posting Newspaper posting was published in the Orange County Register on July 2, 2020. Sunshine Meeting A Sunshine Ordinance Community Meeting was held on March 12, 2018 from 6:30 p.m. to 7:30 p.m. at Hazard Elementary School (4218 West Hazard Avenue) in accordance with the provisions of the City's Sunshine Ordinance. A total of nine members of the public attended. The applicant provided all the required information to the Citv after the meetinn_ The representatives of Riverview West and Santa Anita neighborhood associations were Additional Measures 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 project. Economic Development Based on the development of the 10 townhomes, the City is expected to generate approximately $83,000 in permit fees. The project will also increase the property tax for the property. The property is currently vacant and has a taxable value of approximately $1.2 million. Upon completion of the project, the estimated taxable value of the property is approximately $5.8 million. Based on the $5.8 million valuation, the estimated annual tax revenue to the City is approximately $6,500 (not including an expected two -percent annual increase). Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission recommend that the City Council adopt a resolution adopting and approving the prepared Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, Environmental Review No. 2017-161; a resolution approving General Plan Amendment No. 2020-03; and a resolution approving Tentative Tract Map No. 2020-01 as conditioned. Jer C. Ilhevara Assistant Planner I JG: S:1PIanning Commission202M07-13-201GPA No. 2020-03 & TTM No. 2020-01 at 1122 N. Bewley StreeAGPA.2020-3 & TIA No. 2020-01. PC Staff RepoA.doex Exhibits: 1. Resolution Approving the MND and Adopting a MMRP 2. Resolution Approving GPA No. 2020-03 3. Resolution Approving TM No. 2020-01 as conditioned 4. Vicinity Zoning and Aerial Map 5. Site Photos 6. Site Plan 7. Floor Plans 8. Elevations 9. Landscape Plans 10. Tentative Tract Map 11. Sunshine Ordinance Meeting Minutes 12. Mitigate Negative Declaration and Technical Studies 75A-9 EXHIBIT 1 75A-10 V*Y.0]1011rEel an[gD��➢��>STJ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING MITIGATED NEGATIVE DECLARATION, ENVIRONMENTAL REVIEW NO. 2017-161 AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM RELATIVE TO GENERAL PLAN AMENDMENT NO. 2020-03 AND TENTATIVE TRACT MAP NO. 2020-01 FOR THE PROJECT LOCATED AT 1122 NORTH BEWLEY STREET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Ada Rose with YNG Architects, Inc., representing Linda La (Applicant), is requesting approval of General Plan Amendment (GPA) No. 2020-03 and Tentative Tract Map No. 2020-01 in order to facilitate the construction of a 10-unit condominium development at 1122 West Bewley Street. B. The provisions of the California Environmental Quality Act of 1970 (CEQA), Public Resources Code Sections 21000 et. seq., as amended, and the CEQA Guidelines require 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 mitigation measures 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 (ER) No. 2017-161 for the proposed project which reflects the City's independent judgement and analysis as lead agency for the project. The MND concluded that the project would have a less than significant environmental impact with implementation of mitigation measures. Mitigation measures are included to address biological resources, geology and soils, noise, tribal cultural resources and cultural resources. 75A-1 Resolution No. 2020-xx Page 1 of 4 E. On May 6, 2020, a Notice of Intent (NOI) to adopt the Initial Study and MND, ER No. 2017-161 was published in the Orange County Register newspaper, circulated to interested parties, and the State Clearinghouse. F. The documents related to the MND were made available for a 30-day public review and comment period at the Santa Ana City Hall and on the project webpage on the City's website. G. The mitigation measures set forth in the MND are fully enforceable and will be implemented using the Mitigation Monitoring and Reporting Program (MMRP) attached hereto as Exhibit A, and incorporated herein by reference. H. On July 13, 2020, the Planning Commission of the City of Santa Ana held a duly noticed public hearing and voted to recommend that the City Council approve a resolution to adopt and approve MND, ER No. 2017-161 and the related MMRP for the project. On August 18, 2020, the City Council of the City of Santa Ana held a duly noticed public hearing to consider all testimony, written and oral, related to MND, ER No. 2017-161, and the related MMRP for the project, 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. Section 2. The City Council has independently reviewed and analyzed the information contained in the Initial Study and the MND, ER No. 2017-161, prepared with respect to this project. The City Council has, as a result of its consideration and the evidence presented at the hearings on this matter, 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 City Council finds that there is no substantial evidence from which it can be fairly argued that the project will have a significant adverse effect on the environment. Section 3. The City Council hereby adopts the MND and adopts the MMRP, and directs that the Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. 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 July 13, 2020, the Request for Council Action dated August 18, 2020, 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 City Council 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 75A-12 Resolution No. 2020-xx Page 2 of 4 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 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. Section 6. This decision rendered by the City Council of the City of Santa Ana is final and is subject to judicial review pursuant to California Code of Civil Procedure Section 1094.6. The Planning and Building Agency shall give direct notice to the Applicant of the City Council's decisions and these findings. ADOPTED this day of 2020. Miguel A. Pulido Mayor 75A-13 Resolution No. 2020-xx Page 3 of 4 APPROVED AS TO FORM: Sonia R. Carvalho City Attorney 0 Lisa Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Acting Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2020-xx to be the original resolution adopted by the City Council of the City of Santa Ana on 12020. Date: Clerk of the Council City of Santa Ana 75A-14 Resolution No. 2020-xx Page 4 of 4 EXHIBIT 2 75A-15 RESOLUTION NO. 2020-xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING GENERAL PLAN AMENDMENT NO. 2020-03 FOR THE PROPERTIES LOCATED AT 1102, 1114, 1122, 1210, 1212, 1214, 1216, 1218 AND 1222 NORTH BEWLEY STREET, 3625 WEST ELEVENTH STREET, AND 3704 WEST WASHINGTON AVENUE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Ada Rose with YNG Architects, Inc., representing Linda La (Applicant), is requesting approval of General Plan Amendment (GPA) No. 2020-03 to amend the General Plan land use designation of the property at 1122 North Bewley Street from Low Density Residential (IR-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 10-unit condominium development. B. In addition, the City of Santa Ana is proposing to change the land use designation of adjacent properties at 1102, 1114, 1210, 1212, 1214, 1216, 1218 and 1222 North Bewley Street, 3625 West Eleventh Street, and 3704 West Washington Avenue from Low Density Residential (IR-7) to Medium Density Residential (MR-15) and to update text portions of the City's Land Use Element to reflect this change. C. On July 13, 2020, the Planning Commission of the City of Santa Ana held a duly noticed public hearing and voted to recommend that the City Council adopt a resolution approving GPA No. 2020-03. D. On August 18, 2020, the City Council of the City of Santa Ana held a duly noticed public hearing to consider all testimony, written and oral, related to GPA No. 2020-03, 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. Section 2. The General Plan Amendment consists of amendments to the Land Use Element and text updates, as shown in Exhibit A, attached hereto and incorporated herein by reference. 75A-16 Resolution No. 2020-xx Page 1 of 5 Section 3. The City Council hereby finds that the proposed General Plan Amendment is compatible with the objectives, policies, and general plan land use programs specified in the General Plan for the City of Santa Ana in that: A. The City of Santa Ana has officially adopted a General Plan. B. The land uses authorized by the General Plan Amendment, and the General Plan Amendment itself, are compatible with the objectives, policies, general land uses, and programs specified in the General Plan, for the following reasons: The existing General Plan land use designation for the project area is Low Density Residential (LR-7) which applies to lower density residential land uses characterized by single-family homes with a maximum allowable intensity of seven (7) dwelling units per acre. However, the zoning of the project area is Two -Family Residential (R- 2) which allows for two-family dwellings and townhomes. The general plan land use designation and zoning of the properties are inconsistent. ii. The proposed General Plan land use designation for the project area is Medium Density Residential (MR-15) which applies to multiple - family developments characterized by duplexes, apartments, and townhomes with a maximum allowable intensity of 15 dwelling units per acre. This change is consistent with Table A-3 (Correlation of Land Use Designation and Zoning Districts) of the General Plan Land Use Element. iii. The general plan amendment will support several goals and policies of the General Plan, including the Land Use Element and Housing Element. In specific, General Plan Land Use Element, Goal 1 to promote a balance of land uses to address basic community needs. Specifically, Policy 1.5 states a desire maintain and foster a variety of residential land uses. The project will provide 10 for -sale condominium units. Policy 2.10 supports new development which is harmonious in scale and character with existing development in the area. The project is similar in scale and character to the adjacent multi -family uses. Policy 3.1 supports development which provides a positive contribution to neighborhood character and identity. The project will allow for redevelopment of a vacant lot with a new residential development with a contemporary design and variety of building materials. Housing Element, Goal 2 encourages a diversity of quality housing, affordability levels, and living experiences that accommodate Santa Ana's residents and workforce of all household types, income levels, and are groups to foster an inclusive community. Policy 2.5 facilitates diverse types, prices and size of housing, including single-family homes, apartments, 75A-17 Resolution No. 2020-xx Page 2 of 5 townhomes, mixed/multiuse housing, transit oriented housing, multi -generational housing and live work opportunities. The project will provide a for -sale condominium product with units that range in bedrooms and size. Section 4. The GPA will not adversely affect the public health, safety, and welfare in that the GPA will not result in incompatible land uses on adjacent properties, inconsistencies with any General Plan goals or policies, or adverse impacts to the environment. Section 5. The City Council of the City of Santa Ana after conducting the public hearing hereby approves GPA No. 2020-03. The amendments to the Land Use Element are attached hereto as Exhibit A and incorporated herein by this reference 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 July 13, 2020, the Request for Council Action dated August 18, 2020, and exhibits attached hereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. Section 6. The City Council approves GPA No. 2020-03 as set forth in Exhibit A, attached hereto and incorporated herein by reference, subject to compliance with the Mitigation Monitoring and Reporting Program, and upon satisfaction of the conditions set forth below: A. Subject to compliance with the Mitigation Monitoring and Reporting Program, the Land Use Element map and text shall be amended to read as set forth in Exhibit A, attached hereto and incorporated herein by reference. B. The General Plan Amendment shall not take effect unless and until Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP), Environmental Review No. 2017-161 are adopted by the City Council. Section 7. 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 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 75A-1 Resolution No. 2020-xx Page 3 of 5 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. Section 8. This decision rendered by the City Council of the City of Santa Ana is final and is subject to judicial review pursuant to California Code of Civil Procedure section 1094.6. The Planning and Building Agency shall give direct notice to the Applicant of the City Council's decisions and these findings. ADOPTED this day of 12020. APPROVED AS TO FORM: Sonia R. Carvalho City Attorney 0 Lisa Storck Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers Councilmembers Councilmembers Councilmembers Miguel A. Pulido Mayor 75A-19 Resolution No. 2020-xx Page 4 of 5 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2020-xx to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana 75A-20 Resolution No. 2020-xx Page 5 of 5 EXHIBIT 3 75A-21 RESOLUTION NO. 2020-xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING TENTATIVE TRACT MAP NO. 2020-01 AS CONDITIONED TO CREATE A SUBDIVISION OF TEN (10) CONDOMINIUM UNITS AT 1122 NORTH BEWLEY STREET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Ada Rose with YNG Architects, Inc., representing Linda La (Applicant), is requesting approval Tentative Tract Map (TTM) No. 2020-01 to facilitate the construction of a 10-unit condominium development at 1122 North Bewley Street. B. On July 13, 2020, the Planning Commission of the City of Santa Ana held a duly noticed public hearing and voted to recommend that the City Council adopt a resolution approving TTM No. 2020-01, as conditioned. C. On August 18, 2020, the City Council of the City of Santa Ana held a duly noticed public hearing to consider all testimony, written and oral, related to TM No. 2020-01, 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. D. Subdivision requests are governed by Chapter 34 and Chapter 41 of the Santa Ana Municipal Code (SAMC). Pursuant to Section 66473.5 and 66474 of the California Subdivision Map Act (SMA), applications for tentative tract maps are approved when certain findings can be established. E. The City Council of the City of Santa Ana determines that the following findings, which must be established in order to approve TTM No. 2020-01, have been established as required by Section 34-127 of the SAMC and the SMA: The proposed project and its design and improvements are consistent with the proposed Medium Density Residential (MR-15) 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 are consistent with various provisions of the City's Zoning Code 75A-22 Resolution Page 1 of 8 and General Plan with approval of General Plan Amendment (GPA) No. 2020-03, which amends the land use designation of the property to Medium Density Residential (MR-15) and allows a maximum development density of 15 units per acre. The proposed project is consistent with the designation at a density of 15 dwelling units per acre. In addition, the project supports several goals and policies of the General Plan. In specific, General Plan Land Use Element, Goal 1 to promote a balance of land uses to address basic community needs. Specifically, Policy 1.5 encourages the maintenance and fostering of a variety of residential land uses. The project will provide 10 for -sale condominium units. Policy 2.10 supports new development which is harmonious in scale and character with existing development in the area. The project is similar in scale and character to the adjacent multi -family uses. Policy 3.1 supports development which provides a positive contribution to neighborhood character and identity. The project will allow for redevelopment of a vacant lot with a new residential development with a contemporary design and variety of building materials. Goal 2 of the Housing Elements encourages a diversity of quality housing, affordability levels, and living experiences that accommodate Santa Ana's residents and workforce of all household types, income levels. Further, Policy 2.5 of the Housing Element encourages developments that facilitate diverse types, prices and size of housing, including single-family homes, apartments, townhomes, mixed/multi-use housing, transit oriented housing, multi -generational housing and live work opportunities. The project will provide a for -sale product with units that range in bedrooms and size. 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 is consistent with the City's zoning and subdivision ordinances and all other applicable codes. The project is located within the Two -Family Residence (R-2) zoning district which allows for two family residences and townhomes. The minimum development site size is 12,000 square feet with a minimum street frontage of 100 feet. The proposed lot complies with the minimum lot size and lot frontage. In addition, Covenants, Conditions, and Restrictions (CC&Rs) will address issues such as drainage, reciprocal access, landscaping and maintenance and will be recorded prior to approval of the final map and is therefore consistent with Chapter 34 of the SAMC and the SMA. 75A-23 Resolution No. 2020-xx Page 2 of 8 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 0.87 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 and with the R-2 zoning district development standards. 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. 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. The subdivision will not have any detrimental effects upon the general public. The property will include necessary utilities and infrastructure improvements as required by the SAMC and SMA. 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 project will not conflict with easements necessary for public access or use of the property within the proposed project. In addition, the CC&Rs will ensure reciprocal access rights and maintenance agreements between properties. Section 2. The City Council has reviewed and considered the information contained in the initial study and the Mitigated Negative Declaration (MND), Environmental Review (ER) No. 2017-161, prepared with respect to this project. The City Council has, as a result of its consideration and the evidence presented at the 75A-24 Resolution Page 3 of 8 hearings on this matter, 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. There is no evidence from which it can be fairly argued that the project will have a significant adverse effect on the environment. Section 3. TTM No. 2020-01 shall not be effective until the City Council reviews, approves and adopts the MND ER No. 2017-161 and General Plan Amendment No. 2020-03. If said approvals are held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise denied, then this tract map shall be null and void and have no further force and effect. Section 4. 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 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. Section 5. The City Council of the City of Santa Ana, after conducting the public hearing, hereby approves Tentative Tract Map No. 2020- 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 July 13, 2020, and exhibits attached thereto; and the Request for City Council Action dated August 18, 2020, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. 75A-25 Resolution Page4of8 ADOPTED this day of , 2020. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT Councilmembers Councilmembers Councilmembers Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2020-xx to be the original resolution adopted by the City Council of the City of Santa Ana on 12020. Date: Clerk of the Council City of Santa Ana 75A-26 Resolution No. 2020-xx Page 5 of 8 EXHIBIT A Conditions of Approval for Tentative Tract May No. 2020-01 Tentative Tract Map No. 2020-01 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, the California Subdivision Map Act, and all other applicable regulations. In addition, the following conditions of approval are applicable: The Applicant must comply with each and every condition listed below Prior 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. All proposed site improvements must conform to the Development Project plan approved per DP No. 2017-35. 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. Prior to the issuance of a building permit, a full landscape and irrigation plan is to be submitted for review and approval by the Planning Division. The landscape plan shall conform to the R-2 landscape standards, Citywide Design Guidelines, and the City's Water Efficient Landscape Ordinance. In addition, vines shall be planted along perimeter walls and be spaced every 10 feet. 4. Applicant must submit Covenants, Conditions, and Restrictions (CC&Rs) for the project to the Planning Division for review and approval prior to the Final Map being recorded. 5. The Final Map must be approved and recorded prior to issuance of Building permits. 6. 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. Resolution No. 2020-xx 75A-27 Page 6 of 8 7. 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. 8. A Property Maintenance Agreement shall be recorded prior to the issuance of Building permits and shall be subject to review and approval 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); Resolution No. 2020-xx 75A-28 Page 7 of 8 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; 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; and h. The execution and recordation of the maintenance agreement shall be a condition precedent to the final map being recorded. 9. Prior to the issuance of building permits the Applicant shall comply with the City's Housing Opportunity Ordinance. Resolution No. 2020-xx 75A-29 Page 8 of 8 EXHIBIT 4 75A-30 6/2/2020 ER No. 2017-161, GPA No. 2020-03 & TM No. 2020-01 �� 1122 N. Bewley Street —�Y1 A fZ__.a.M L I 1. • .r' T13i1i ri. M Ur om_ r SF Labels: Zoning eaioE j c Exhibit 4 - Vicin a R1 Project 7 R= Site I ' I S I 250 feet Aii o1�11111111U11111i ng & Aerial Map s.of 75A-31 apps. spatialstream.com/production/dash board/8/9/0/CurrentBuiId/htmI/Reporting.htmI CO 2020 Diaital Mao Products. All rights reserved. 1 /1 EXHIBIT 5 75A-32 I't . v MD EXHIBIT 6 75A-34 VO VNV ViNVS i1 A31M39 'N ZLLL 1NINJO13A30 VVn1NIW0ON00 N0I1VA11330N33 211VM . Q 11Nn of H3d1S.31M39 NVId 311S O3 `J21V1N3 s r H� I 8 3 Iz _ OLD EILQO� OLD o Ze¢a< a I*:/:11:1kiA 75A-36 e e aeG,� BEW LEYSTREET 10 UNIT �s�m FIRST FLOOR PLAN CONDO Vi EV O IENT s yj N cn MObNMM1NMS'1SA31M39N ZLLL - 1NINJO13A30 WMINIWOONOO N 11Nn Ol H32llS J.3l M39 NVII d0011 ONOOIS ` Q 0 hV r�------------ 3NI,—u110d1--------II 910, � .I N 31 ���i�lllllllllllli�l, 0 z 0 EXHIBIT 8 75A-39 � �_ .6PPdVPPPY Q >- U C9w z d z owQ J 0] Q Z Z m N CO 75A1 CI: 0 � w m� d d NO z CO e� • I sJAI �q!! I N U) I � \ . 75A-� 75A-44 N 75A EXHIBIT 9 75A-46 ' PRELIMINARY MULTI -FAMILY RESIDENTIAL € LANDSCAPE PLAN zz N.a BEY ST a;3 jj �{ i ( - � _ - ( \ ; - ^ : � 1�-------- ` - -- -- ` \ �-- { \ �/ , .„ „z=_ \ 3,`A , / :: :� ;_, ; } ( 7\ ) ( ` \ � \ \ ) « ~ « / ( ] d<23 : : / ) ` � q �g 0 \ : (\\ �^ �/ \ \ ^ \ \ \ \ �. }� ,\}.}\, a AMENITIES CONID e� / ]. ° � b ( EXHIBIT 10 75A-49 NQ LL O W J Q U W W CO W 00 � W a F- lo: = U >OacW7- >0-_z rn 0 <c2;O o � G W N H H 0 O w�oz w Q Q 0 0 CO W Z W Z w 9 Q CO J> Q z w z < m LLJH O O U W x F z 8 rt 's y3 s F 5 dam' y d ,g 5" �o F s n 75A-50 EXHIBIT 11 75A-51 Bewley St. Townhomes 1122 N. Bewley St., Santa Ana Community Meeting Notes Meeting Date: March 12, 2018 1) Will the units be condos or apartments? The units will be condos for sale. 2) What is the size of the property? 37,800 SF (.87 ACRES) 3) Will the property be subdivided? A Tract Map will be recorded to designate the privately owned areas. A CC&R attorney will write the CC&Rs to specify the shared ownership for the common areas. 4) Will the individual condo Owner own the private yard & land the unit is sitting on? Or just the air rights? The individual Owner will own the private yard & land the unit is sitting on. 5) Who owns the open space? The CC&Rs will specify the shared ownership for the common areas. 6) Will there be an HOA? Yes. 7) There is a parking problem on Bewley St., between 11I" St. & Washington St. Each unit will have a 2 car garage. There will also be 12 guest parking spaces. CC&R will require the garages to be used for parking cars. 8) Can residents be restricted from parking on the street? On street parking cuts off the sight line for cars exiting the driveway. On street parking is by right. 9) How long will it be until the project is completed? Once the project is approved through the design review process, including public hearing it will then go through plan check process for construction, grading permits, etc. 10) What will the selling price be? This is at the Property Owner's discretion. 11) The project is too tall. Because the project is a flood zone the finish floor of the building to be one foot above the highest adjacent grade for the "A zone", as required by the Building Dept., City of Santa Ana. The development standards allow for a 27 foot height limit from the curb. Page 1 of 2 1524 Brookhollow Dr., Suite 6, Santa Ana, CA. 92705 (714) 425-8299 75A-52 12) The units will have views into adjacent properties. The Property Owners have a right develop the property as they see fit within the development standards. 13) What infrastructure improvements are proposed? How will street widening take place? The Property Owner/ Developer pays fee to public works based on project valuation. It is the city's responsibility to provide for infrastructure improvement. The property owner will provide a new sidewalk and landscape strip. Page 2 of 2 1524 Brookhollow Dr., Suite 6, Santa Ana, CA. 92705 (714) 425-8299 75A-53 M 0 0 U N s* d E 0 W 'a R N G Si Q ,n 60 � � d m c y � i V C 0 IL .4 IA W f � � 1 let p i 40 10 c- r a+ d 7 `k •` r z 75A-54 Linda La invites you to a Community Open House introducing the 1122 N. Bewley St. Project Undo Lo le hoce una invitocion o una junto abierta comunitorio para presentor el proyecto de 1122 N. Bewley St. Monday, March 12th Lunes, 12 de Morzo 6:30 to 7:30 PM Hazard Elementary School Multi -purpose room 4218 W. Hazard Ave Santa Ana, CA 92703 1122 N. Bewley St. is a new multi -family residential development in Santa Ana. The planned development will have 4 new buildings, each comprised of 3 attached 3 and 2- story townhouses and will include public open space. Each townhouse will have an attached 2-car garage on the first floor and 12 on site parking spaces for guests. 1122 N. Bewley St. es on nuevo desarrollo residenciol muldforniliar en Santa Ana. EI desarrollo previsto tends 4 edificios nuevos que vo constor de 3 caws odosodos unidas de 3 y 2 pisos, que incluird espocio publico obierto. Cade coso odosoda tends an garoje para dos corros unidos al primero piso y 12 espocios para visitos en el sitio. Our development will be presented during the Open House to you, our neighborhood residents, for your input Nuestro desarrollo sera presentodo durante lojunto abierta a ustedes, residentes de nuestro veondorio, porsu opinion We would like to hear your views, concerns, and ideas! Nos gustaria escuchar sus opiniones, preocupaciones y ideas! If you have any questions regarding this event, the project, or if you require interpretation services in languages other than English during the Open House, please feel free to contact us: Email: KimLoan307@gmaiLcom Phone: 714-782-2757 We look forward to seeing you! Si hene alguna pregunto sabre este evento, el proyecto, o si necesito servicios de mterpretocon en otros idiomas que no sewn el ingles durante la jornado de puertas obiertas, no dude en ponerse en contocto con nosotros: Correa electronico: Kim Loon307@gmaiLcom Phone: 714-782-2757 E gA-55 EXHIBIT 12 75A-56 ER No. 2017-161, GPA No. 2020-03 & TM No. 20202-01 1122 N. Bewley Street The Final MND and Technical Appendices are available online at: https://www.santa-ana.org/pb/planning-division/maior-planning-proiects-and-monthly-development- proiect-reports/bewley-street Physical copies are also available for viewing by appointment only. Please contact PlanningDepartment@santa-ana.org before visiting the Planning Division public counter located at: 20 Civic Center Plaza, Santa Ana, CA 92701 Exhibit 12 — Link to MND 75A-57 EXHIBIT 2 RESOLUTION NO. 2020-xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING MITIGATED NEGATIVE DECLARATION, ENVIRONMENTAL REVIEW NO. 2017-161 AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM RELATIVE TO GENERAL PLAN AMENDMENT NO. 2020-03 AND TENTATIVE TRACT MAP NO. 2020-01 FOR THE PROJECT LOCATED AT 1122 NORTH BEWLEY STREET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Ada Rose with YNG Architects, Inc., representing Linda La (Applicant), is requesting approval of General Plan Amendment (GPA) No. 2020-03 and Tentative Tract Map No. 2020-01 in order to facilitate the construction of a 10-unit condominium development at 1122 West Bewley Street. B. The provisions of the California Environmental Quality Act of 1970 (CEQA), Public Resources Code Sections 21000 et. seq., as amended, and the CEQA Guidelines require 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 mitigation measures 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 (ER) No. 2017-161 for the proposed project which reflects the City's independent judgement and analysis as lead agency for the project. The MND concluded that the project would have a less than significant environmental impact with implementation of mitigation measures. Mitigation measures are included to address biological resources, geology and soils, noise, tribal cultural resources and cultural resources. Resolution No. 2020-xx 75A-58 Page 1 of 4 E. On May 6, 2020, a Notice of Intent (NOI) to adopt the Initial Study and MND, ER No. 2017-161 was published in the Orange County Register newspaper, circulated to interested parties, and the State Clearinghouse. F. The documents related to the MND were made available for a 30-day public review and comment period at the Santa Ana City Hall and on the project webpage on the City's website. G. The mitigation measures set forth in the MND are fully enforceable and will be implemented using the Mitigation Monitoring and Reporting Program (MMRP) attached hereto as Exhibit A, and incorporated herein by reference. H. On July 13, 2020, the Planning Commission of the City of Santa Ana held a duly noticed public hearing and voted to recommend that the City Council approve a resolution to adopt and approve MND, ER No. 2017-161 and the related MMRP for the project. On September 1, 2020, the City Council of the City of Santa Ana held a duly noticed public hearing to consider all testimony, written and oral, related to MND, ER No. 2017-161, and the related MMRP for the project, 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. Section 2. The City Council has independently reviewed and analyzed the information contained in the Initial Study and the MND, ER No. 2017-161, prepared with respect to this project. The City Council has, as a result of its consideration and the evidence presented at the hearings on this matter, 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 City Council finds that there is no substantial evidence from which it can be fairly argued that the project will have a significant adverse effect on the environment. Section 3. The City Council hereby adopts the MND and adopts the MMRP, and directs that the Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. 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 July 13, 2020, the Request for Council Action dated September 1, 2020, 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 City Council 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 Resolution No. 2020-xx 75A-59 Page 2 of 4 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 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. Section 6. This decision rendered by the City Council of the City of Santa Ana is final and is subject to judicial review pursuant to California Code of Civil Procedure Section 1094.6. The Planning and Building Agency shall give direct notice to the Applicant of the City Council's decisions and these findings. ADOPTED this day of 2020. Miguel A. Pulido Mayor Resolution No. 2020-xx 75A-60 Page 3 of 4 APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: ./ Lisa Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2020-xx to be the original resolution adopted by the City Council of the City of Santa Ana on 12020. Date: Clerk of the Council City of Santa Ana Resolution No. 2020-xx 75A-61 Page 4 of 4 EXHIBIT A BEWLEY STREET TOWNHOMES PROJECT Final Initial Study/Mitigated Negative Declaration 4.0 MITIGATION MONITORING AND REPORTING PROGRAM The California Environmental Quality Act (CEQA) requires that when a public agency completes an environmental document which includes measures to mitigate or avoid significant environmental effects, the public agency must adopt a reporting or monitoring plan. This requirement ensures that environmental impacts found to be significant will be mitigated. The reporting or monitoring plan must be designed to ensure compliance during project implementation (Public Resources Code Section 21081.6). In compliance with Public Resources Code Section 21081.6, Table 1, Mitigation Monitoring and Reporting Checklist, has been prepared for the Bewley Street Townhomes Project (project). This Mitigation Monitoring and Reporting Checklist is intended to provide verification that all applicable mitigation measures relative to significant environmental impacts are monitored and reported. Monitoring will include: 1) verification that each mitigation measure has been implemented; 2) recordation of the actions taken to implement each mitigation; and 3) retention of records in the City of Santa Ana Bewley Street Townhomes Project file. This Mitigation Monitoring and Reporting Program (MMRP) delineates responsibilities for monitoring the project, but also allows the City flexibility and discretion in determining how best to monitor implementation. Monitoring procedures will vary according to the type of mitigation measure. Adequate monitoring consists of demonstrating that monitoring procedures took place and that mitigation measures were implemented. This includes the review of all monitoring reports, enforcement actions, and document disposition, unless otherwise noted in the Mitigation Monitoring and Reporting Checklist (Table 1). If an adopted mitigation measure is not being properly implemented, the designated monitoring personnel shall require corrective actions to ensure adequate implementation. Reporting consists of establishing a record that a mitigation measure is being implemented, and generally involves the following steps: The City distributes reporting forms to the appropriate entities for verification of compliance. Departments/agencies with reporting responsibilities will review the IS/MND, which provides general background information on the reasons for including specified mitigation measures. Problems or exceptions to compliance will be addressed to the City as appropriate. Periodic meetings may be held during project implementation to report on compliance of mitigation measures. Responsible parties provide the City with verification that monitoring has been conducted and ensure, as applicable, that mitigation measures have been implemented. Monitoring compliance may be documented through existing review and approval programs such as field inspection reports and plan review. The City prepares a reporting form periodically during the construction phase and an annual report summarizing all project mitigation monitoring efforts. June 2020 4.1 Mitigation Monitoring and Reporting Program 75A-62 BEWLEY STREET TOWNHOMES PROJECT Final Initial Study/Mitigated Negative Declaration Appropriate mitigation measures will be included in construction documents and/or conditions of permits/approvals. Minor changes to the MMRP, if required, would be made in accordance with CEQA and would be permitted after further review and approval by the City. Such changes could include reassignment of monitoring and reporting responsibilities, plan redesign to make any appropriate improvements, and/or modification, substitution or deletion of mitigation measures subject to conditions described in CEQA Guidelines Section 15162. No change will be permitted unless the MMRP continues to satisfy the requirements of Public Resources Code Section 21081.6. June 2020 4-2 Mitigation Monitoring and Reporting Program 75A-63 BEWLEY STREET TOWNHOMES PROJECT Final Initial Study/Mitigated Negative Declaration Table 1 Mitigation Monitoring and Reporting Checklist Mitigation Mitigation Measure Implementation Implementation Monitoring Monitoring Verification of Compliance Initials Date Remarks Number Responsibility Timing Responsibility Timing BIOLOGICAL RESOURCES If ground -disturbing activities or removal of any trees, shrubs, or any other potential nesting habitat are scheduled within the avian nesting season (generally from February 1 through August 31), a pre -construction clearance survey for nesting birds shall be conducted within three days prior to any ground disturbing activities. The biologist conducting the clearance Qualified Three Days City Santa Three Days survey shall document the negative Biologist/ Prior to P l anning Ana Planning Prior to BIO-1 results 9 no active bird nests are Construction Construction/ and Building Construction/ observed on the project site during the Contractor During Agency During clearance survey with a brief letter Construction Construction report indicating that no impacts to active bird nests would occur before construction can proceed. If an active avian nest is discovered during the pre -construction clearance survey, construction activities shall stay outside of a 300-foot buffer around the active nest. For raptor species, this buffer shall be 500 feet. A biological monitor shall be present to delineate the boundaries of the buffer area and June 2020 4-3 Mitigation Monitoring and Reporting Program 75A-64 BEWLEY STREET TOWNHOMES PROJECT Final Initial StudylMifigated Negative Declaration Mitigation Mitigation Measure Implementation Implementation. Monitoring Monitoring Verification of Compliance to monitor the active nest to ensure that nesting behavior is not adversely affected by the construction activity. Results of the pre -construction survey and any subsequent monitoring shall be provided to the California Department of Fish and Wildlife (CDFW) and other appropriate agency. CULTURAL RESOURCES If previously unidentified cultural resources are encountered during ground -disturbing activities, work in the immediate area shall halt and a qualified archaeologist, defined as an archaeologist who meets the Secretary of the Interior's Professional Qualification Standards for archaeology, shall be contacted immediately to evaluate the find. If necessary, the evaluation may require Qualified During Ground- City of Santa During CUL-1 preparation of a treatment plan and Archaeologist/ Disturbing Ana Planning Ground- archaeological testing for California Construction Activities and Building Disturbing Register of Historical Resources Contractor Agency Activities (CRHR) eligibility. If the discovery proves to be eligible for the CRHR and cannot be avoided by the project, additional work, such as data recovery excavation, may be warranted to mitigate any significant impacts to historical resources. In the event that an identified cultural resource is of Native American origin, the qualified archaeologist shall consult with the June 2020 44 Mitigation Monitoring and Reporting Program 75A-65 BEWLEY STREET TOWNHOMES PROJECT Final Initial Study/Mitigated Negative Declaration Mitigation I Mitigation Measure Implementation Implementation Monitoring Monitoring Verification of Compliance project owner and City of Santa Ana to implement Native American consultation procedures. GEOLOGY AND SOILS If evidence of subsurface paleontological resources is found during construction, excavation and other construction activity in that area shall cease and the construction contractor shall contact the City of Santa Ana Planning and Building Agency Director. With direction from Qualified City of Santa the Planning and Building Agency Paleontologist/ During Ana Planning During GEO-1 Director, a qualified paleontologist Construction Construction and Building Construction certified by the County of Orange shall Contractor Agency evaluate the find prior to resuming grading in the immediate vicinity of the find. If warranted, the qualified paleontologist shall prepare and complete a standard Paleontological Resources Mitigation Program for the salvage and curation of the identified resource(s). NOISE Prior to issuance of a grading permit, the Applicant shall prepare a paving control plan to ensure that the paving Prior To Prior To construction phase does not result in Project Issuance of a City of Santa Issuance of a NOW damage to existing residences to the damage Applicant/ GraPermit/ Ana Planning Grading and south of the site. The Construction During i and Building Permit/ paving control plan shall be subject to Contractor Construction Agency Agency During the City of Santa Ana Planning and Construction Building Agency's approval. To reduce groundborne vibration levels, June 2020 45 Mitigation Monitoring and Reporting Program 75A-66 BEWLEY STREET TOWNHOMES PROJECT rat Initial Study/Mitigated Negative Declaration mitigation Mitigation Measure Implementation Implementation Monitoring Monitoring Verification of Compliance the paving control plan shall stipulate that static (non -vibratory) rollers be used, as an alternative to vibratory rollers, within 20 feet of the northern and southern residences (Assessors Parcel Number [APN] 938-700-52 through -67 and 198-101-08)located approximately 16 feet to the north and 18 feet to the south, respectively. Vibratory roller operations shall be prohibited within 20 feet of APN 938- 700-52through -67 and 198-101-08. TRIBAL CULTURAL RESOURCES Prior to the issuance of any permits for _ initial site clearing (such as pavement removal, grubbing, tree removals) or issuance of permits allowing ground Prior to disturbing activities that cause Issuance of excavation to depths greater than IssuaPrior nce Permits for Permits f artificial fill (including boring, grading, Permits for Permits for Initial Site excavation, drilling, potholing or Project Initial Site Clearing/ auguring, and trenching), the City of Applicant/ Clearing/ During City of Santa During Santa Ana shall ensure that the project Qualified Native Ground- Ana Planning Ground - TCR-1 applicant/developer retain qualified American Disturbing and Building Disturbing Native American Monitor(s). The Monitor(s)/ Activities That Agency Activities That Monitor(s) shall be approved by the construction Cause Cause tribal representatives of the Gabrieleno Contractor Excavation to Excavation to Band of Mission Indians — Kizh Nation Depths Greater Depths and be present on -site during initial t han Artificial Fill Greater than site clearing and construction that Artificial Fill involves ground disturbing activities that cause excavation to depths greater than artificial fill. June 2020 4-6 Mitigation Monitoring and Reporting Program 75A-67 BEWLEY STREET TOWNHOMES PROJECT Final Initial StudylMitigated Negative Declaration P MiggaBon 11111kiption Measure Implementation Implementagon Monitorng Monitoring Verification of Compliance The Monitor(s) shall conduct a Native American Indian Sensitivity Training for construction personnel. The training session shall include a handout and focus on how to identify Native American resources encountered during earthmoving activities and the procedures followed if resources are discovered. The Native American Monitors) shall complete monitoring logs on a daily basis, providing descriptions of the daily activities, including construction activities, locations, soil, and any cultural materials identified. The on - site monitoring shall end when grading and excavation activities of native soil (I.e., previously undisturbed) are completed, or when the tribal representatives and monitor have indicated that the site has a low potential for tribal cultural resources, whichever occurs first. In the event that tribal cultural resources are inadvertently discovered during ground disturbing activities, work must be halted within 50 feet of the find until it can be evaluated by a qualified archaeologist in cooperation with the Native American Monitor(s) to determine if the potential resource meets the CEQA definition of historical State CEQA Guidelines 15064.5 a June 2020 4.7 Mitigation Monitoring and Reporting Program 75A-68 BEWLEY STREET TOWNHOMES PROJECT Final Initial Study/Mitigated Negative Declaration ,A Mitigation Mitigation Measure Implementation Implementation Monitoring Monitoring Verification Compliance and/or unique resource (Public Resources Code 21083.2(g)). Construction activities can continue in other areas. If the find is considered an "archeological resource" the archaeologist, in cooperation with Native American Monitor(s) shall pursue either protection in place or recovery, salvage and treatment of the deposits. Recovery, salvage, and treatment protocols shall be developed in accordance with applicable provisions of Public Resource Code Section 21083.2 and State CEQA Guidelines 15064.5 and 15126.4. If a tribal cultural resource cannot be preserved in place or left in an undisturbed state, recovery, salvage, and treatment shall be required at the project applicant's expense. All recovered and salvaged resources shall be prepared to the point of identification and permanent preservation in an established accredited professional repository. June 2020 4-8 Mitigation Monitoring and Reporting Program 75A-69 EXHIBIT 3 RESOLUTION NO. 2020-xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING GENERAL PLAN AMENDMENT NO. 2020-03 FOR THE PROPERTIES LOCATED AT 1102, 1114, 1122, 1210, 1212, 1214, 1216, 1218 AND 1222 NORTH BEWLEY STREET, 3625 WEST ELEVENTH STREET, AND 3704 WEST WASHINGTON AVENUE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Ada Rose with YNG Architects, Inc., representing Linda La (Applicant), is requesting approval of General Plan Amendment (GPA) No. 2020-03 to amend the General Plan land use designation of the property at 1122 North Bewley Street from Low Density Residential (IR-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 10-unit condominium development. B. In addition, the City of Santa Ana is proposing to change the land use designation of adjacent properties at 1102, 1114, 1210, 1212, 1214, 1216, 1218 and 1222 North Bewley Street, 3625 West Eleventh Street, and 3704 West Washington Avenue from Low Density Residential (IR-7) to Medium Density Residential (MR-15) and to update text portions of the City's Land Use Element to reflect this change. C. On July 13, 2020, the Planning Commission of the City of Santa Ana held a duly noticed public hearing and voted to recommend that the City Council adopt a resolution approving GPA No. 2020-03. D. On September 1, 2020, the City Council of the City of Santa Ana held a duly noticed public hearing to consider all testimony, written and oral, related to GPA No. 2020-03, 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. Section 2. The General Plan Amendment consists of amendments to the Land Use Element and text updates, as shown in Exhibit A, attached hereto and incorporated herein by reference. 75A-70 Resolution No. 2020-xx Page 1 of 5 Section 3. The City Council hereby finds that the proposed General Plan Amendment is compatible with the objectives, policies, and general plan land use programs specified in the General Plan for the City of Santa Ana in that: A. The City of Santa Ana has officially adopted a General Plan. B. The land uses authorized by the General Plan Amendment, and the General Plan Amendment itself, are compatible with the objectives, policies, general land uses, and programs specified in the General Plan, for the following reasons: The existing General Plan land use designation for the project area is Low Density Residential (LR-7) which applies to lower density residential land uses characterized by single-family homes with a maximum allowable intensity of seven (7) dwelling units per acre. However, the zoning of the project area is Two -Family Residential (R- 2) which allows for two-family dwellings and townhomes. The general plan land use designation and zoning of the properties are inconsistent. ii. The proposed General Plan land use designation for the project area is Medium Density Residential (MR-15) which applies to multiple - family developments characterized by duplexes, apartments, and townhomes with a maximum allowable intensity of 15 dwelling units per acre. This change is consistent with Table A-3 (Correlation of Land Use Designation and Zoning Districts) of the General Plan Land Use Element. iii. The general plan amendment will support several goals and policies of the General Plan, including the Land Use Element and Housing Element. In specific, General Plan Land Use Element, Goal 1 to promote a balance of land uses to address basic community needs. Specifically, Policy 1.5 states a desire maintain and foster a variety of residential land uses. The project will provide 10 for -sale condominium units. Policy 2.10 supports new development which is harmonious in scale and character with existing development in the area. The project is similar in scale and character to the adjacent multi -family uses. Policy 3.1 supports development which provides a positive contribution to neighborhood character and identity. The project will allow for redevelopment of a vacant lot with a new residential development with a contemporary design and variety of building materials. Housing Element, Goal 2 encourages a diversity of quality housing, affordability levels, and living experiences that accommodate Santa Ana's residents and workforce of all household types, income levels, and are groups to foster an inclusive community. Policy 2.5 facilitates diverse types, prices and size of housing, including single-family homes, apartments, 75A-7 Resolution No. 2020-xx Page 2 of 5 townhomes, mixed/multiuse housing, transit oriented housing, multi -generational housing and live work opportunities. The project will provide a for -sale condominium product with units that range in bedrooms and size. Section 4. The GPA will not adversely affect the public health, safety, and welfare in that the GPA will not result in incompatible land uses on adjacent properties, inconsistencies with any General Plan goals or policies, or adverse impacts to the environment. Section 5. The City Council of the City of Santa Ana after conducting the public hearing hereby approves GPA No. 2020-03. The amendments to the Land Use Element are attached hereto as Exhibit A and incorporated herein by this reference 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 July 13, 2020, the Request for Council Action dated September 1, 2020, and exhibits attached hereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. Section 6. The City Council approves GPA No. 2020-03 as set forth in Exhibit A, attached hereto and incorporated herein by reference, subject to compliance with the Mitigation Monitoring and Reporting Program, and upon satisfaction of the conditions set forth below: A. Subject to compliance with the Mitigation Monitoring and Reporting Program, the Land Use Element map and text shall be amended to read as set forth in Exhibit A, attached hereto and incorporated herein by reference. B. The General Plan Amendment shall not take effect unless and until Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP), Environmental Review No. 2017-161 are adopted by the City Council. Section 7. 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 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 75A-72 Resolution No. 2020-xx Page 3 of 5 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. Section 8. This decision rendered by the City Council of the City of Santa Ana is final and is subject to judicial review pursuant to California Code of Civil Procedure section 1094.6. The Planning and Building Agency shall give direct notice to the Applicant of the City Council's decisions and these findings. ADOPTED this day of 2020. APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By , r% Lisa Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Miguel A. Pulido Mayor Resolution No. 2020-xx Page 4 of 5 75A-73 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2020-xx to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana 75A-74 Resolution Page 5 of 5 EXHIBIT A City of Santa Ana General Plan Land Use Element 1998 City of Santa Ana Planning Division 0 Adopted February 2, 1998 (Reformatted January 2010) The following is a chronology of the approved general plan amendments that have been incorporated into this document since the comprehensive update of the General Plan Land Use Element adopted by the Santa Ana City Council February 2, 1998 (GPA 1997- 05): GPA 2020 03 (Pending) GPA 2020-01 (April 21, 2020) GPA 2018 04 (December 31, 2019) GPA 2019 02 (Ocober 1, 2019) GPA 2019 01 (June 4, 2019) GPA 2017 03 (June 4, 2019) GPA 2018-05 (December 4, 2018) GPA 201803(September 18, 2018) GPA 2018-02(May 15, 2018) GPA 201501 (May 15, 2018) GPA 201702(December 19,2017) GPA 2017-01 (June 20, 2017) GPA 201603(February 21, 2017) GPA 201602(May 17, 2016) GPA 2016-01 (April 19, 2016) GPA 201503 (February 2, 2016) GPA 201402 (October 21, 2014) GPA 201401 (June 3, 2014) GPA 2011-03 (March 19, 2012) GPA 2011-02 (June 6, 2011) GPA 2010-01(June 7, 2010) GPA 2008-02 (July 20, 2009) GPA 200703(May 18, 2009) GPA 200403 (February 2, 2009) GPA 2008-01 (May 5, 2008) GPA 2007 02 (June 18, 2007) GPA 2007-01 (March 19, 2007) GPA 2006-01 (October 2, 2006) GPA 200501 (December 5, 20051 GPA 200502 (October 17, 2005) GPA 200401 (April 5, 2005, as passed by the voters of Santa Ana) GPA 200404 (July 19, 2004) GPA 200406 (July 6, 2004) GPA 200302 (June 16, 2003) GPA 200301 (February 18, 2003) GPA 2002-01 (September 3, 2002) GPA 2002-03 (August 19, 2004 GPA 2001-03 (February 19, 2002) GPA 200102 (January 7, 2002) GPA 2000-09 (May 7, 2001) GPA 2000-08 (February 5, 2001) GPA 2000-03 (December 4, 2000) GPA 2000-02 (November 20, 2000) GPA 1999-02 (October 18,1999) GPA 1999-01 (August 16, 1999) GPA 1998-04 (October 5, 1998) GPA 1998 05 (September 21, 1998) GPA 1998-01 (May 4,1998) 75A-75 F- I Ir C (0 a A CD WC r\ 4z w a a 0 75A-76 € v x va.ve E cc d as Q P � ti m v°1i d 'co y e A rc s f >(nLL ggfl 10,E tAoF 9€�$ti o d J N 2 o o ?m'.m o85s,..3,�.3�a«ootlg z C 11III. N ��� �.Lddn�G r' ddd�p''f'�J'd C�A.�ry F1'��^..'da� 2 75A-77 LAND USE ELEMENT Residential The Land Use Plan provides for three distinct residential land use designations. Residential development is also permitted in three other designations: District Center, One Broadway Plaza District Center, and Urban Neighborhood. The Santa Ana Land Use Plan includes the following residential land use designations: The Low Density Residential (LR-7) designation applies to those areas of the City which are developed with lower density residential land uses. The allowable maximum development intensity is 7 units per acre. Development in this category is characterized primarily by single-family homes. This designation applies to a large proportion of the City 6 463.76;6&+ acres) representing 47 percent of the City's total land area. The Low -Medium Density Residential (LMR-11) designation applies to those sections of the City which are developed with residential uses at permitted densities of up to 11 units per acre. The land area included in this designation is approximately 421.6 acres. The great majority of the land designated as Low -Medium Density Residential is located in the westerly portion of the City, north and south of First Street. Properties with this designation are typically characterized by mobile home parks, a mixture of duplexes and single family residences, or small lot subdivisions. The Medium Density Residential (MR-15) designation applies to those sections of the City which are developed with residential uses at densities of up to 15 units per acre. Development in this designation is characterized by duplexes, apartments, or a combination of both. A total of 369.1' 614 acres is designated as Medium Density Residential. The designation applies to areas located in the vicinity of downtown, areas north and south of MacArthur Boulevard, and in other areas where there are established multiple -family development projects. CITY OF SANTA ANA GENERAL PLAN 75 " -78 A-19 LAND USE ELEMENT Redevelopment Plans. The City will apply redevelopment tools associated with the implementation of the adopted redevelopment plans, as appropriate. The City will encourage the further development of industrial, commercial, and residential projects in suitable locations to strengthen the City's tax and employment base. Special Studies. In certain instances, a special study may be required to address a particular issue. In these cases, a specific effort to identify staff resources needed to conduct the appropriate investigation and analysis will be identified. Zoning Code Review. The zoning code serves as a primary tool used by the City to regulate development. The City will develop a program to revise the Zoning Ordinance to ensure that development regulations and standards are consistent with community needs and high quality development. The City will initiate appropriate changes to the ordinance to ensure, where appropriate, conformity between the Land Use Element and Zoning Map. LAND USE PLAN BUILDOUT As indicated previously, the City of Santa Ana has been almost completely developed for many years. As a result, any new development will necessarily consist of redevelopment and infill development on the remaining vacant and underutilized parcels. Many parcels with nonresidential land use designations will never be developed to the maximum intensity permitted under the General Plan. Table A-4 indicates the development possible under the build -out of the Land Use Plan. The build -out for residential land uses considered two scenarios. Effective build -out for residential development is calculated by adding the 21,896 units possible in the areas designated as District Center and Urban Neighborhood to the existing 74,669 units presently found in the City per Census 2000. Theoretical build -out for residential development considered the development possible if all of the areas designated as residential were developed according to the permitted Land Use Plan intensities. Since the Land Use Element does not contemplate the elimination of existing housing in the City, the effective build -out figure represents a more realistic estimate of future residential development. As indicated in TableA-4, three of the non-residential land use designations have a range in FAR intensities. For the non-residential land use designations, effective build -out considered the development possible under the lower range of FAR intensities while theoretical build -out considered the upper FAR range. Typically, parking and landscaping requirements will result in significantly less floor area for commercial and industrial developments than that which is permitted under the General Plan. As indicated in Table A-4, between 77,315q4-,28+ to 96,565 housing units are allowed by the Land Use Plan. The additional units which presently exist in the City beyond the maximum number permitted under the theoretical buildout CITY OF SANTA ANA GENERAL PLAN 75A-79 A-33 LAND USE ELEMENT Table A-4 Land Use Plan Build -out Capacities Intensity/ Effective Buildout' Theoretical Land Use Residential Acres Densitt Buildout Low Density Residential L9-7 6 463.7 7 du/ac 45 646 6,468 4 IC�76 du Low Medium Density Residential LMR-11 421.6 11 du/ac 4,638 du Medium Density Residential MR-15 3691 15 du/ac C,p 5,536 du Subtotal 7,254.4 96,565 du' S5 619 Non Res. Non -Res. 55;385 du Mixed Use District Center Res. Res. Other' DC 309.5 90 du /ac FAR 1.0-2.0 11,955,583 sf 3,017 du 23,764,534 sf 3,017 du Heritage DC 18.8 FAR 1.7 54,090 sf 1,221 du 54,090 sf 1,221 du Downtown DC 62.5 FAR 3.0 2,057,824 sf 1,661du 2,057,824 sf 1,661 du Metro East DC 113.9 FAR 0.75- 3.0 2,464,776 sf 5,037 du 2,464,776 si 5,037 du Transit Village DC 51.4 FAR 5.0 402,864 sf 2,761 du 402,864 sf 2,761 du Harbor Corridor DC 125.0 FAR 5.0 1,836,155 sf 2,029 du 1,836,155 si 2,029 du One Broadway Plaza District CtO OBPDC 4.3 FAR 2.9 310,000 sf 415 du 310,000 si 415 du Urban Neighborhood UN 317.0 FAR 0.5-3.0 1,656,955 sf 5,755 du 1,656,955 sf 5,755 du Subtotal Commercial 1,002.4 20,738,247 sf 21,896 du 32,547,198 sf 21,896 du Professional & Admin. Office PAO 600.8 FAR 0.5-1.0 13,085,424 sf 26,170,848 s General Commercial GC 1 859.6 FAR 0.5-1.0 1 18,722,983 sf 37,445,967 s Subtotal Industrial 1,460.4 31,808,407 sf 63,616'815 sf Industrial I IND 1 2,152.81 FAR 0.45 1 42,199,991 sf 1 42,199,991 s Other Institutional I INS 1 800.61 FAR 0.2-0.5 1 6,974,740 sf 1 17,436,850 s Open Space OS 1,010.9 1 FAR 0.2 1 8,806,961 sf 1 8,806,961 s Subtotal 1,811.5 1 1 15,781,701 sf 1 26,243,811 sf FAR=floor area ratio; d.u.=dwelling unit; s.f.=square feet (of floor area). Acreage shown in table does not include roads in right-of-way. ' Effective capacity for non-residential development assumes development possible under the lower range of FAR intensity standards with the exception of the Metro East District Center, Transit Village District Center, Downtown District Center, Heritage District Center, and Urban Neighborhood areas. The Harbor Corridor District Center, Metro East District Center, Transit Village District Center, Downtown District Center, and Urban Neighborhood areas allow a range of intensity for mixture of residential and non-residential development based on the zoning development standards. Residential effective capacity was calculated by adding the 21,896 units possible in the District Center and Urban Neighborhood with the existing 74,669 (Census 2000) housing units. 2 land use designation permits both residential and non-residential development. Build -out assumes 90% of land area will be developed as commercial and 10% will be developed as residential; with the exception of Town and Country Manor project intended for continuum of care and housing seniors. 3 land use designation permits high intensity office development with ancillary retail use. This table has been revised to correspond with the GIS land Use Map illustrated in Exhibit 2. CITY OF SANTA ANA GENERAL PLAN 75 " -Q U A-35 EXHIBIT 4 RESOLUTION NO. 2020-xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING TENTATIVE TRACT MAP NO. 2020-01 AS CONDITIONED TO CREATE A SUBDIVISION OF TEN (10) CONDOMINIUM UNITS AT 1122 NORTH BEWLEY STREET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Ada Rose with YNG Architects, Inc., representing Linda La (Applicant), is requesting approval Tentative Tract Map (TTM) No. 2020-01 to facilitate the construction of a 10-unit condominium development at 1122 North Bewley Street. B. On July 13, 2020, the Planning Commission of the City of Santa Ana held a duly noticed public hearing and voted to recommend that the City Council adopt a resolution approving TTM No. 2020-01, as conditioned. C. On September 1, 2020, the City Council of the City of Santa Ana held a duly noticed public hearing to consider all testimony, written and oral, related to TM No. 2020-01, 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. D. Subdivision requests are governed by Chapter 34 and Chapter 41 of the Santa Ana Municipal Code (SAMC). Pursuant to Section 66473.5 and 66474 of the California Subdivision Map Act (SMA), applications for tentative tract maps are approved when certain findings can be established. E. The City Council of the City of Santa Ana determines that the following findings, which must be established in order to approve TTM No. 2020-01, have been established as required by Section 34-127 of the SAMC and the SMA: 1. The proposed project and its design and improvements are consistent with the proposed Medium Density Residential (MR-15) 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 are consistent with various provisions of the City's Zoning Code Resolution No. 2020-xx 75A-81 Page 1 of 8 and General Plan with approval of General Plan Amendment (GPA) No. 2020-03, which amends the land use designation of the property to Medium Density Residential (MR-15) and allows a maximum development density of 15 units per acre. The proposed project is consistent with the designation at a density of 15 dwelling units per acre. In addition, the project supports several goals and policies of the General Plan. In specific, General Plan Land Use Element, Goal 1 to promote a balance of land uses to address basic community needs. Specifically, Policy 1.5 encourages the maintenance and fostering of a variety of residential land uses. The project will provide 10 for -sale condominium units. Policy 2.10 supports new development which is harmonious in scale and character with existing development in the area. The project is similar in scale and character to the adjacent multi -family uses. Policy 3.1 supports development which provides a positive contribution to neighborhood character and identity. The project will allow for redevelopment of a vacant lot with a new residential development with a contemporary design and variety of building materials. Goal 2 of the Housing Elements encourages a diversity of quality housing, affordability levels, and living experiences that accommodate Santa Ana's residents and workforce of all household types, income levels. Further, Policy 2.5 of the Housing Element encourages developments that facilitate diverse types, prices and size of housing, including single-family homes, apartments, townhomes, mixed/multi-use housing, transit oriented housing, multi -generational housing and live work opportunities. The project will provide a for -sale product with units that range in bedrooms and size. 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 is consistent with the City's zoning and subdivision ordinances and all other applicable codes. The project is located within the Two -Family Residence (R-2) zoning district which allows for two family residences and townhomes. The minimum development site size is 12,000 square feet with a minimum street frontage of 100 feet. The proposed lot complies with the minimum lot size and lot frontage. In addition, Covenants, Conditions, and Restrictions (CC&Rs) will address issues such as drainage, reciprocal access, landscaping and maintenance and will be recorded prior to approval of the final map and is therefore consistent with Chapter 34 of the SAMC and the SMA. Resolution No. 2020-xx 75A-82 Page 2 of 8 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 0.87 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 and with the R-2 zoning district development standards. 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. 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. The subdivision will not have any detrimental effects upon the general public. The property will include necessary utilities and infrastructure improvements as required by the SAMC and SMA. 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 project will not conflict with easements necessary for public access or use of the property within the proposed project. In addition, the CC&Rs will ensure reciprocal access rights and maintenance agreements between properties. Section 2. The City Council has reviewed and considered the information contained in the initial study and the Mitigated Negative Declaration (MND), Environmental Review (ER) No. 2017-161, prepared with respect to this project. The City Council has, as a result of its consideration and the evidence presented at the Resolution No. 2020-xx 75A-83 Page 3 of 8 hearings on this matter, 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. There is no evidence from which it can be fairly argued that the project will have a significant adverse effect on the environment. Section 3. TTM No. 2020-01 shall not be effective until the City Council reviews, approves and adopts the MND ER No. 2017-161 and General Plan Amendment No. 2020-03. If said approvals are held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise denied, then this tract map shall be null and void and have no further force and effect. Section 4. 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 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. Section 5. The City Council of the City of Santa Ana, after conducting the public hearing, hereby approves Tentative Tract Map No. 2020- 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 July 13, 2020, and exhibits attached thereto; and the Request for City Council Action dated September 1, 2020, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. Resolution No. 2020-xx 75A-84 Page 4 of 8 ADOPTED this day of , 2020. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: �-- .!� Lisa Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2020-xx to be the original resolution adopted by the City Council of the City of Santa Ana on 2020. Date: Clerk of the Council City of Santa Ana Resolution No. 2020-xx 75A-85 Page 5 of 8 10"111-11 Conditions of Approval for Tentative Tract Map No. 2020-01 Tentative Tract Map No. 2020-01 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, the California Subdivision Map Act, and all other applicable regulations. In addition, the following conditions of approval are applicable: The Applicant must comply with each and every condition listed below Prior 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 Development Project plan approved per DP No. 2017-35. 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. Prior to the issuance of a building permit, a full landscape and irrigation plan is to be submitted for review and approval by the Planning Division. The landscape plan shall conform to the R-2 landscape standards, Citywide Design Guidelines, and the City's Water Efficient Landscape Ordinance. In addition, vines shall be planted along perimeter walls and be spaced every 10 feet. 4. Applicant must submit Covenants, Conditions, and Restrictions (CC&Rs) for the project to the Planning Division for review and approval prior to the Final Map being recorded. 5. The Final Map must be approved and recorded prior to issuance of Building permits. 6. 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. Resolution No. 2020-xx Page 6 of 8 75A-86 7. 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. 8. A Property Maintenance Agreement shall be recorded prior to the issuance of Building permits and shall be subject to review and approval 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); Resolution No. 2020-xx Page 7 of 8 75A-87 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; 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; and h. The execution and recordation of the maintenance agreement shall be a condition precedent to the final map being recorded. 9. Prior to the issuance of building permits the Applicant shall comply with the City's Housing Opportunity Ordinance. Resolution No. 2020-xx Page 8 of 8 75A-88 EXHIBIT 5 ER No. 2017-161, GPA No. 2020-03 & TM No. 20202-01 1122 N. Bewley Street The Final MND and Technical Appendices are available online at: https://www.santa-ana.org/pb/planning-division/maior-planning-proiects-and-monthly-development- proiect-reports/bewley-street Physical copies are also available for viewing by appointment only. 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U EVv s P A PPOPEPtt LINE Z ` [ ROOF PLAN BEWLEYSTREET 10 UNIT �sma "� ��7w (.J COND U DEV L P NT m — N. v s ,4 — 8 $ d ) } } � , ; . } \ / \ \ } 27� \ 1 ( ) .0 \ �_ mWAEA M, ))) )(( k >!;l;,PROPOSED / ;, ( SECTIONS Co ~ { %\`e \\ � �_ .6PPdVPPPY Q >- U C9w z d z owQ J 0] Q Z Z m N CO 75A.11 CI: 0 � w m� d d NO z CO e� • I sJAI �q!! I N U) I 75A-114 N .01 M i PRELIMINARY MULTI -FAMILY RESIDENTIAL " `> LANDSCAPE PLAN T22N. ew er T. N b_ = o®o o®o o®o poi poi o 0 m a a a�.aa..aa z m w w w w w � W;� EXHIBIT 7 We invite you to a Virtual Informational Meeting for the Bewley St. Condos- 1122 N. Bewley St. Han sido invitados a una junta informativa virtual para los Bewley St. Condos-1122 N. Bewley St. Ch6ng toi mdi qui vi tham du' cuoc hop thong tin ao cho Khu nha pho mdi 1122 N. Bewley St. Santa Ana. Tuesday, July 28th Martes, 28 de Julio 5:30 to 6:30 PM Zoom Meeting Hosted by YNG Architects Meeting ID: 856 5123 3329 Passcode:815825 By phone- Dial +1 669 900 6833 US (San Jose) +1 346 248 7799 US (Houston) Join Zoom Meeting via Zoom App (online) https://us02web.zoom. us/m/85651233329?Pwd=VXZCdG VBe DJ nb Vl2a m FmQO9tTI RX UT09 One tap mobile +16699006833„85651233329#...... 0#„815825# US (San Jose) +13462487799„85651233329#...... 0#„815825# US (Houston) 1122 N. Bewley St. is a new multi -family residential development in Santa Ana. The planned development will have 4 new buildings, comprising of 2- story attached townhomes, for a total of 10 homes. Each townhouse will have an attached 2-car garage. Additionally there will be 20 onsite parking spaces for guests. 1122 N. Bewley St. es un nuevo desarrollo residencial multifamiliar en Santa Ana. El desarrollo previsto tendra 4 edificios nuevos que van a constar de casas adosadas unidas de 2 niveles, para un total de 10 hogares. Coda casa adosada tendra un garaje para dos carros unidos al primero piso y 20 espacios para visitas en el sitio. 1122 N. Bewley la mot khu da"n cu' mdi clu'dc phat trien d Santa Ana. Du' an phat trien se cd 4 toa nha mdi, bao gom nha pho 2 tang, vdi tong so 10 can nha. Moi nha pho se cd 2 xe garage. Ngoai ra, se cd them 20 cho da"u xe danh cho khach. We are hosting an informational meeting to share the project with our neighborhood residents. The Owner, Architect, and City Planner will be available to answer questions. Spanish and Vietnamese speakers available. Estaremos presentando una junta informativa para compartir el proyecto con nuestro residentes del vecindario. El dueho, arquitecto, y planificador de la ciudad estarcin disponibles para contestar sus preguntas. Tambien tendremos un traductor en Espahol y Viatnamita Ch6ng toi clang to chirc mot cuoc hop thong tin de"' chia se du' an vdi cac cu' da"n gan khu pho c6a ch6ng toi. Chu dau tu', Kien tr6c su'va City Planner se san sang tra Idi cac cau hdi c6a qui vi. Ch6ng toi c"ung se cd mot ngu'di ndi tieng Tay Ban Nha c"ung nhu'tieng Viet. We look fo7SA Ae1r®g with you! Addkional project infoimabon can be found at: hitps://w,santa-ana,org/pNplanningdiision/major-planning-pmjects.nd-monthly-developmenbpmject-reports/6 ley -street PUBLIC HEARING: RESIDENCE OF THE CITY OF SANTA ANA via "ZOOM" (VIDEO CONFERENCE MEETING) PRESENTING DEVELOPMENT PLANS FOR 10 UNIT TOWNHOMES ON 1122 BEWLEY STREET, SANTA ANA, CA WHEN: TUESDAY, JULY 28, 2020 TIME ALLOTTED: 5:30pm — 6:30pm ATTENDEES: YENNY NG (ARCHITECT) CLAUDIA NELSON (ASSISTANT TO ARCHITECT) JERRY GUEVARA (CITY PLANNER) MIA LAN NGUYEN HUONG (PROPERTY OWNER) KIM LOAN NGUYEN (PROPERTY OWNER) RON OGNAR (SANTA ANA RESIDENT) DAN NGUYEN (SANTA ANA RESIDENT) MEETING COMMENCEMENT: 5:30 p.m. City Planner opened meeting with greeting to the public and suggested to wait to give others opportunity to join meeting. SAO p.m. City Planner stated that the architectural plans dated 07/13/20 have been reviewed & approved by the Planning Commission and recommended to the City Council for approval. The City Planner clarified that the intent of the meeting is an informational meeting to discuss the project and inform the public of the project's next steps. If public have any questions outside the agenda which pertains to this project, City Planner indicated her will provide his email address to contact him and he would be glad to answer any questions. 5:43 p.m. Yenny Ng (Architect) gave a brief but detailed description of the project. • This project consist of (10) townhome units. 2 story units • Departments that reviewed the project included: o Orange County Fire Authority o Waste Management o Public Works Agency o Planning & Building Agency • This project is comprised of (4) separate buildings o Building A—(3)separate units —(2)bedrooms/unit —Smallest insgft. • Located closest to Bewley Street • The garages are located behind the building o Building B — (4) separate units in two (2) buildings— (4) bedrooms/unit • Largest units in sq ft. o Building C— (3 ) separate units —3 bedroom • Public Amenities o Picnic area, Playground, Covered Patio — 2500 sq. ft open space for (10) Units • Community —Mail boxes, Trash Enclosures Pa eIof2 75A-119 • All units have private open space of at least 250 SF o Balcony o Side Yard o Backyard • All units have 2-car garages/unit • Parking provision — Private parking spaces for residents and guests only — (4) parking spaces per unit • Architectural Style - All buildings are designed with the "Craftsman" Style. Every unit has its own unique appearance yet all designed in the similar craftsman Style. • Design intent - to provide a fresh and dynamic new development that respects the City's and neighborhood's architectural heritage but will elevate the quality of the housing in the area while keeping the cost of the new units at competitive market values. 5:50 p.m. Q & A: Dan Nguyen *Resident) asked about the square footage of the 2 bedroom units & the square footage of the private open space. Yenny Ng provided that information for each unit. Mr. Dan Nguyen expressed his approval and that he is in favor of this project . 6:10 p.m. MEETING ADJOURNED CLOSING STATEMENTS: City Planner suggested to schedule another community outreach before the City Council Meeting set for September 1", 2020. Pa e2of2 75A-120 We invite you to a Virtual Informational Meeting for the Bewley St. Condos- 1122 N. Bewley St. Han sido invitados a una junta informativa virtual para los Bewley St. Condos-1122 N. Bewley St. Chung toi mbi qui vi tham dupcuoc hop thong tin ao cho Khu nha pho mbi 1122 N. Bewley St. Santa Ana. Tuesday, August 25th Martes, 25 de Agosto 5:30 to 6:30 PM Zoom Meeting Hosted by YNG Architects Meeting ID: 882 8743 8869 Passcode:583139 Dial by your location +1 669 900 6833 US (San Jose) +1 346 248 7799 US (Houston) Join Zoom Meeting httos://us02web.zoom.us/m/88287438869?pwd=dl R5bFRkZm1 hZTk303JvOWdFaW9gOT09 One tap mobile +16699006833„88287438869#...... 0#„583139# US (San Jose) +13462487799„88287438869#...... 0#„583139# US (Houston) 1122 N. Bewley St. is a new multi -family residential development in Santa Ana. The planned development will have 4 new buildings, comprising of 2- story attached townhomes, for a total of 10 homes. Each townhouse will have an attached 2-car garage. Additionally there will be 20 onsite parking spaces for guests. 1122 N. Bewley St. es un nuevo desarrollo residencial multifamiliar en Santa Ana. El desarrollo previsto tendra 4 edificios nuevos que van a constar de casas adosadas unidas de 2 pisos, para un total de 10 hogares. Cada casa adosada tendra un garage para dos carros unidos al primer piso y 20 espacios para visitas en el sitio. 1122 N. Bewley la mot khu d6n cupmbi dupoc phat tridn d Santa Ana. Dugan phat trien se ca 4 taa nha mbi, bao gom nha pho 2 tang, vbi tang so 10 can nha. Moi nha pho se ca 2 xe garage. Ngoai ra, se ca them 20 cho dau xe danh cho khach. We are hosting an informational meeting to share the project with our neighborhood residents. The Owner, Architect, and City Planner will be available to answer questions. We will also have a Spanish and Vietnamese speaker available. Estaremos presentando una junta informativa para compartir el proyecto con nuestro residentes del vecindario. El dueno, arquitecto, y planificador de la ciudad estaran disponibles para contestar sus preguntas. Tambien tendremos un traductor en Espanol y Viatnamita. Chang toi Bang td chdc mot cuoc hop thong tin de chia se dLP6n vbi cac cupd6n gan khu pho cua thong toi. Chu dau tu, Kien trot sup va City Planner se son sang tra I&i cac c6u hof cua qui v.i. Chang toi cling se ca mot ngupbi nai tieng Tay Ban Nha cling nhuptieng Viet. We look forward to hearing from you! iEsperamos verte! Chang toi rat many muon dupoc nghe y kien va long gap cua qui vi. 75A-121