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HomeMy WebLinkAboutRESO 2020-02_TPM 19-02_666 E DYER ROADLS 7.8.20 RESOLUTION NO. 2020-02 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA APPROVING TENTATIVE PARCEL MAP NO. 2019-02 (COUNTY MAP NO. 2018-188) AS CONDITIONED TO SUBDIVIDE AN EXISTING PARCEL INTO TEN PARCELS (NINE PARCELS AND ONE LETTERED LOT) AT THE PROPERTY LOCATED AT 666 EAST DYER ROAD, INCLUDING THE NINE BUILDINGS AT 640, 642, 650, 652, 660, AND 662 EAST DYER ROAD; 2906 AND 2910 SOUTH TECH CENTER DRIVE (PREVIOUSLY 709 EAST ALTON AVENUE); AND AT 705 EAST ALTON AVENUE BE IT RESOLVED BY THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Zoning Administrator of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of a Tentative Parcel Map (TPM) to allow the subdivision of an existing industrial site on a 24.19-acre parcel into ten (10) parcels (nine parcels and one lettered lot) at 666 East Dyer Road. B. Santa Ana Municipal Code (SAMC) Section 34-126 requires approval of a Tentative Parcel Map by the Zoning Administrator. C. SAMC Section 34-56 provides for non-residential small -lot subdivisions, commonly referred to as "postage stamp" subdivisions. D. The subject site and its buildings were comprehensively reviewed by the City under Development Project (DP) No. 2017-04. No new construction or alterations are proposed as part of the Applicant's subdivision request. E. On July 8, 2020, the Zoning Administrator held a duly noticed public hearing on Tentative Parcel Map No. 2019-02. F. The Zoning Administrator of the City of Santa Ana determines that the following findings, which must be established in order to approve this Tentative Parcel Map pursuant to SAMC Section 34-126 and the State Subdivision Map Act, have been established for Tentative Parcel Map No. 2019-02: 1. The proposed project, as conditioned, and its design and improvements are consistent with the Industrial (IND) designation of the General Plan and are otherwise consistent with all other Elements of the General Plan. Resolution No. 2020-02 Page 1 of 7 Ls 7.8.20 5. The design or improvements of the proposed project will not cause serious public health problems. The design or improvements of the proposed project will not cause serious public health problems. The proposed subdivision will not have any detrimental effects upon the general public. Each lot will include the necessary utilities and infrastructure improvements as required under DP No. 2017-04 and TPM No. 2019-02. 6. The design or improvements of the proposed project will not conflict with easements necessary for public access through or use of the property within the proposed project. The design or improvements of the proposed project will not conflict with easements necessary for public access through or use of the property within the proposed project. The subdivision includes one lettered lot, Lot A, that will remain unbuildable and will provide access to all nine buildings and their individual parcels on the project site. The Applicant will record covenants, codes, and restrictions (CC&Rs) necessary to ensure reciprocal rights between the properties, including but not limited to access, egress and drainage. Section 2. In accordance with the California Environmental Quality Act (CEQA), the recommended action is exempt from further review per Section 15301 of the CEQA Guidelines. This Class 1 exemption consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. No site alterations or building expansion is proposed as part of the Applicant's subdivision request. As no adverse environmental impacts will result from the subdivision of land, it has been determined that the project will not have an effect on the environment. Categorical Exemption Environmental Review No. 2020-40 will be filed for this project. Section 3. 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, and other and 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 Resolution No. 2020-02 Page 3 of 7 LS 7 8.20 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 4. The Zoning Administrator of the City of Santa Ana after conducting the public hearing hereby approves Tentative Parcel Map No. 2019-02, as conditioned as set forth in Exhibit A attached hereto and incorporated herein by reference, for the property located at 666 East Dyer Road and all buildings thereon. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Request for Zoning Administrator Action dated July 8, 2020, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 81h day of July, 2020. Verny Carvaj I, C Zoning Administrator APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: �4 (, • Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Sarah Bernal, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2020-02 to be the original resolution adopted by the Zoning Administrator of the City of Santa Ana on July 8, 2020. Date: -7! 5 I 7,070 "Lo- RAcording Secretary City of Santa Ana Resolution No. 2020-02 Page 4 of 7 LS 7.8.20 EXHIBIT A Conditions of Approval Tentative Parcel Map No. 2019-02 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The Applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this approval. The Applicant must remain in compliance with all conditions listed below throughout the life of the tentative parcel map. Failure to comply with each and every condition may result in the revocation of the tentative parcel map. 1. The project must be in compliance with the provisions of Development Project No. 2017-04 and TPM No. 2019-02. 2. Two copies of the recorded final parcel map shall be submitted each to the Planning Division, Building Division and Public Works Agency within 10 days of recordation. 3. The tentative parcel map, final map and all improvements required to be made or installed by the subdivider shall be done in accordance with the requirements and design standards and specifications of the City of Santa Ana Municipal Code and the requirements of the State Subdivision Map Act. 4. Applicant must submit Covenants, Conditions and Restrictions (CC&Rs) for the project to the case planner for review and approval prior to the final map being recorded. Applicant shall submit details of a Parking Management Plan and provide details on regulations for outdoor storage and maximum Floor Area Ratio (FAR) allowed. Added by Zoning Administrator on July 8, 2020. 5. Each property owner shall be responsible for maintaining the lots free from debris, overgrown vegetation, and graffiti. The Covenants, Conditions and Restrictions (CC&Rs) shall provide in part that the owner of each parcel shall immediately remove any graffiti placed thereon. Any graffiti must be removed within 24 hours. 6. Landscaping is to be maintained in accordance with the landscape plan approved for the project. This shall include the minimum levels of plant Resolution No. 2020-02 Page 5 of 7 LS 7.8.20 materials shown on the landscape plan and installed at the time of occupancy. 7. Development within the area of the map is subject to development and permit fees in effect at the time of permit issuance. 8. Property Maintenance Agreement. Subject to review and applicability by the Planning and Building Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained, Developer (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the Applicant) shall execute a maintenance agreement or incorporate the form of this condition within the Project's CC&R's with the City of Santa Ana which shall be recorded against the property and which.shall be in a form reasonably satisfactory to the City Attorney. The maintenance agreement shall contain covenants, conditions and restrictions relating to the following: a. Compliance with operational conditions applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing etc.); b. Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including but not limited to hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses, c. Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable; d. Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable); e. If Developer and the owner of the property are different (e.g., if the Applicant is a tenant or licensee of the property or any portion thereof), both the Applicant and the owner of the property shall be signatories to Resolution No. 2020-02 Page 6 of 7 LS 7.8.20 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. h. The execution and recordation of the maintenance agreement shall be a condition precedent to the final map being recorded. Resolution No. 2020-02 Page 7 of 7