HomeMy WebLinkAboutRESO2330 2300 Redhilll AveResolution No. 2023-30
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RESOLUTION NO. 2023-30
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING TENTATIVE
TRACT MAP NO. 2023-02 (COUNTY MAP NO. 19238) AS
CONDITIONED FOR A MIXED-USE DEVELOPMENT,
KNOWN AS WARNER REDHILL MIXED-USE
DEVELOPMENT, AT 2300, 2310, 2320, 2350, AND 2390
SOUTH REDHILL AVENUE AND 1938 AND 2010 EAST
WARNER AVENUE
BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF
SANTA ANA AS FOLLOWS:
Section 1. The Planning Commission of the City of Santa Ana hereby finds,
determines, and declares as follows:
A. Heidi Hare with J.L. Hare Associates and representing GS Bowery Owner,
LLC. and GS Bowery Owner II, LLC. (“Applicants” and “Property Owners”)
is requesting approval of Tentative Tract Map (“TTM”) No. 2023-02 to
facilitate the subdivision of two existing lots into four lots and 1,100
residential condominium lot units (“Project”) at a mixed-use development
currently under construction at 2300, 2310, 2320, 2350, and 2390 S.
Redhill Avenue and 1938 and 2010 E. Warner Avenue (collectively 2300
S. Redhill Avenue (“Project Site”)).
B. On September 15, 2020, the City Council approved Ordinance No. NS-
2995 establishing SD-96, which allows for construction of a mixed-use
community consisting of 80,000 square feet of leasable commercial area
and up to 1,100 residential units. In addition, the project will contain 2,169
parking spaces and 5.75 acres of onsite open space and amenities.
C. The Project Site has a General Plan land use designation of District
Center – Medium (“DC-2”) and is located within Specific Development No.
96 (“SD-96”).
D. Subdivision requests are governed by Chapter 34 of the Santa Ana
Municipal Code (“SAMC”), SD-96 and the California Subdivision Map Act
(“SMA”).
E. Pursuant to Section 34-127 of the SAMC, approval of a TTM application is
required for projects proposing to create five or more parcels by the
Planning Commission.
F. On April 24, 2023, the Planning Commission of the City of Santa Ana held
a duly-noticed public hearing on TTM No. 2023-02.
G. The Planning Commission of the City of Santa Ana determines that the
following findings, in accordance with Section 66473.5 and 66474 of the
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SMA and Section 34-127 of the SAMC, which must be established in
order to approve TTM No. 2023-02, have been established:
1. The proposed project and its design and improvements are
consistent with the General Plan land use designation and are
otherwise consistent with all other Elements of the General Plan.
The Project and its design and improvements are consistent
with the General Plan land use designation of District Center
– Medium (DC-2), which allows a maximum floor area ratio
of 2.0 and 90 dwelling units per acre. In addition, the project
supports several goals and policies of the General Plan.
Specifically, the project is consistent with General Plan Land
Use Element (LU) Goal 1, which encourages projects that
improve quality of life and respects the existing community.
Policy LU-1.2 supports innovative development policies to
expand homeownership opportunities at all income levels.
Policy LU-4.7 encourages the development of mixed-income
developments with mixed housing types to create inclusive
communities and economically diverse neighborhoods.
Lastly Policy HE-2.5 of the Housing Element supports
diverse types, prices, and sizes of housing.
2. The proposed project conforms to all applicable requirements of the
zoning and subdivision codes as well as other applicable City
ordinances.
The project is consistent with the development standards
specified within the SD-96, including land use, height,
minimum development site area, building frontages,
publically accessible open space, private/common open
space, building setbacks, and parking and access. Further,
the access and egress for the Project has been thoroughly
review by the Public Works Agency for compliance with all
applicable development standards.
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 14.6 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
SD-96 development standards.
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4. The design and improvements of the proposed project will not
cause substantial environmental damage or substantially and
avoidably injuries to fish or wildlife of 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, and 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
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 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 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 the legal counsel providing the City’s
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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 3. In accordance with the California Environmental Quality Act
(CEQA) and the CEQA Guidelines, and after completion of the Initial Study for the
Project, the Project is within the scope of the 2020 The Bowery Mixed-Use Project
Environmental Impact Report (EIR) (SCH No. 2019080011). The EIR anticipated
potential development of 80,000 square feet of commercial leasable space and 1,100
residential units. The EIR analyzed impacts related to aesthetics, agriculture/forestry, air
quality, biology, cultural resources, geology/soils, greenhouse gas emissions, hazards
and hazardous materials, hydrology and water quality, land use and planning, mineral
resources, noise, population/housing, public services, transportation/traffic, tribal
cultural resources and utilities. The EIR concluded that there would be significant and
unavoidable impacts associated with air quality, greenhouse gas emissions, and
transportation, and mitigation measures were developed and recorded through an
approved Mitigation Monitoring and Reporting Program (MMRP), attached hereto as
Exhibit C for reference.
The previously prepared EIR adequately described the project’s environmental
setting, significant impacts and alternatives, and mitigation measures related to each
impact. There are no substantial changes with respect to circumstances under which
the project is undertaken that will require major revisions to the EIR. There is no new
information of substantial importance, and there are no new environmental impact or
mitigation measure needed. All applicable mitigation measure, attached hereto as
Exhibit C, will be applied to this project. As such, a Notice of Determination will be filed
for this project.
Section 4. The Planning Commission of the City of Santa Ana, after conducting
the public hearing, hereby approves TTM No. 2023-02, as conditioned in Exhibit A,
attached hereto and incorporated herein for the Project at the Project Site, and as
illustrated and attached hereto and incorporated herein as Exhibit B. 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 December 11, 2023, and
exhibits attached thereto; and the public testimony, written and oral, all of which are
incorporated herein by this reference.
[Signatures on the following page]
Resolution No. 2023-30
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ADOPTED this 11th day of December 2023 by the following vote:
AYES: Commissioners: Carl Benninger, Manuel J. Escamilla, Christopher
Leo, Jennifer Oliva, Bao Pham, Alan Woo (6)
NOES: Commissioners:
ABSENT: Commissioners:
ABSTENTIONS: Commissioners: Isuri Ramos (1)
_______________________
Bao Pham
Chairman
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:________________________
Jose Montoya
Assistant City Attorney
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CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, NUVIA OCAMPO, Recording Secretary, do hereby attest to and certify the attached
Resolution No. 2023-30 to be the original resolution adopted by the Planning
Commission of the City of Santa Ana on December 11, 2023.
Date: ________________ ____________________________________
Nuvia Ocampo
Recoding Secretary
City of Santa Ana
12/11/2023
Resolution No. 2023-30
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Exhibit A
Conditions for Approval for Tentative Tract Map No. 2023-02
Tentative Tract Map No. 2023-02 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 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 Review
(DP) No. 2019-06 and Specific Development No. 96 (SD-96), and the staff report
exhibits incorporated herein by reference.
2. Any amendment to this tentative tract map must be submitted to the Planning
Division for review. At that time, staff will determine if administrative relief is
available or if the tentative tract map must be amended.
3. The project shall comply with all applicable mitigation measures as identified by the
Mitigation Monitoring and Reporting Program of the 2020 Environmental Impact
Report (EIR) for The Bowery Mixed-Use Development (SCH No. 2019080011),
attached hereto as Exhibit C.
4. The 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 Certificate of
Occupancy.
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.
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.