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HomeMy WebLinkAboutReso25-28_930 N. Grand AveResolution No. 2025-28 Page 1 of 9 RESOLUTION NO. 2025-28 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING TENTATIVE TRACT MAP NO. 2025-03 (COUNTY MAP NO. 17973) AS CONDITIONED FOR A 5-UNIT LIVE-WORK DEVELOPMENT LOCATED AT 922 THROUGH 930 NORTH GRAND AVENUE (“COLLECTIVELY REFERRED TO AS 930 NORTH GRAND 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. Mario Mendoza, representing 920 North Grand Avenue, LLC. (“Applicant” and “Property Owner”) is requesting approval of Tentative Tract Map (TTM) No. 2025-03 (County Map No. 17973) to facilitate the subdivision of an existing five-unit live-work development lot located at 922 through 930 N. Grand Avenue (“collectively referred to as 930 N. Grand Avenue”) into five condominium lots (“Project”). B. Pursuant to Section 34-127 of the Santa Ana Municipal Code (SAMC), approval of a TTM application is required for projects proposing to create five or more lots containing residential uses. C. The Project Site has a General Plan land use designation of District Center – High (DC-5) and is located within the Transit Zoning Code / Specific Development No. 96 (SD-84). D. Subdivision requests are governed by Chapter 34 (Subdivisions) of the Santa Ana Municipal Code (SAMC), SD-84, 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 September 22, 2025, the Planning Commission of the City of Santa Ana held a duly-noticed public hearing on TTM No. 2025-03. 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 SMA and Section 34-127 of the SAMC, which must be established in order to approve TTM No. 2025-03, have been established: Resolution No. 2025-28 Page 2 of 9 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 site and its design and improvements are consistent with the General Plan land use designation of District Center – High (DC-5), which allows a maximum floor area ratio of 5.0 and 125 dwelling units per acre. In 2018, permits were issued for the construction of a three-story live- work building containing five units and associated parking and landscaping and construction concluded in 2021. The requested condominium subdivision, 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 site is consistent with the development standards specified within the SD-84, 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 site was thoroughly review by the Public Works Agency for compliance with all applicable development standards during the 2018 plan check process. 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 Project. There are no physical constraints on the site that preclude the existing development on-site and the current Project site development was constructed in accordance with the development standards of the Transit Zoning Code / Specific Development No. 84. The Project site consists of approximately 13,448 square feet of land and is physically suitable for the existing development. The lot size, density, width, and lot coverage are consistent with the Resolution No. 2025-28 Page 3 of 9 existing surrounding properties in the neighborhood and with SD-84 development standards. 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 Project do not cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat and were evaluated as part of the plan check process in 2018. In addition, 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 condominium 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 Project do not cause serious health problems and were evaluated as part of the plan check process in 2018. The condominium subdivision will not have any detrimental effects upon the general public. The property includes all the 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 do not conflict with easements necessary for public access or use of the property within the proposed Project. In addition, Covenants, Conditions, and Restrictions 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, Resolution No. 2025-28 Page 4 of 9 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 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 2010 Transit Zoning Code Environmental Impact Report (EIR) (SCH No. 2006071100). 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 aesthetics, air quality, cultural resources, noise, and transportation, and mitigation measures were developed and recorded through an approved Mitigation Monitoring and Reporting Program. 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. 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. 2025-03, as conditioned in Exhibit A, attached hereto and incorporated herein for the Project at 930 N. Grand Avenue, 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 September 22, 2025, 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. 2025-28 Page 5 of 9 ADOPTED this 22nd day of September 2025 by the following vote: AYES: NOES: ABSENT: Commissioners: Manuel J. Escamilla, Jennifer Oliva, Bao Pham, Isuri S. Ramos, Alan Woo (5) Commissioners: Commissioners: Carl Benninger, Christopher Leo (2) ABSTENTIONS: Commissioners: Isuri S. Ramos Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Melissa M. Crosthwaite Senior Assistant City Attorney Resolution No. 2025-28 Page 6 of 9 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Gema Zapien, Acting Recording Secretary, do hereby attest to and certify the attached Resolution No. 2025-28 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on September 22, 2025. Date: Gema Zapien Acting Recoding Secretary City of Santa Ana 09/22/2025 Resolution No. 2025-28 Page 7 of 9 Exhibit A Conditions for Approval for Tentative Tract Map No. 2025-03 Tentative Tract Map No. 2025-03 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 Development Project Review (DP) No. 2015-26 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 2010 Environmental Impact Report (EIR) for the Transit Zoning Code / Specific Development No. 84 (SCH No. 2006071100). 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. The CC&Rs shall include, but not be limited to, the following provisions: a. Provisions for effective establishment, operation, management, use, repair, and maintenance of all common areas and facilities, including open space, landscape areas, walls and fences, common roadways and paths of travel (i.e., walkways, sidewalks, and driveways, lighting and exterior furnishings, trash enclosure, water quality management plan BMPs and utilities); b. Architectural controls shall be provided to include, but not limited to, provisions regulating architectural features, exterior finishes, roof materials, fences and walls, balconies, and accessory structures and elements consistent with the Santa Ana Municipal Code (SAMC); and c. Homeowners association approval of exterior improvements requiring a building permit shall be obtained prior to requesting a building permit from the City. All plans for exterior improvements shall conform to the requirements set forth by the City and the CC&Rs. Resolution No. 2025-28 Page 8 of 9 5. 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 SAMC and the requirements of the State Subdivision Map Act. 6. 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. 7. Subject to review and applicability 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 Property Maintenance Agreement with the City of Santa Ana. The Agreement shall be recorded against the property by the City and shall be in a form reasonably satisfactory to the City Attorney. The executed Agreement must be submitted to the Planning Division by the Applicant within 90 days of the approval of this Resolution. The 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 on or 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 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 Resolution No. 2025-28 Page 9 of 9 Applicant and the owner of the property shall be signatories to the Agreement and both shall be jointly and severally liable for compliance with its terms; f. The 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, obligations and responsibilities set forth under the maintenance agreement; and g. The 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 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. 8. Prior to the Final Map being recorded, the Applicant shall submit a Parking Management Plan to the Planning Division for review and approval addressing the proper parking of vehicles and handling of unauthorized and inoperable vehicles parking on-site (added by the Planning Commission on September 22, 2025). 9. In accordance with Section 66427.1 of the Government Code, the Applicant shall provide all tenants occupying a unit notices and a nontransferable right of first refusal to purchase the occupied unit at the same or at better terms than those offered to the general public. Such right of first refusal shall be effective for a period of not less than 90 days from the date at which such units are offered for sale to the general public, as described in Section 66427.1. The tenant may waive any such right by executing a written notice to that effect or by terminating his or her tenancy and vacating the unit without acting on the right (added by the Planning Commission on September 22, 2025).