Loading...
HomeMy WebLinkAbout2013-053 - Tentative Tract Map No. 2013-05ROH — 11/04/13 RESOLUTION NO. 2013 -053 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING TENTATIVE TRACT MAP NO. 2013 -05 AS CONDITIONED AND APPROVING SITE PLAN REVIEW NO. 2013 -04 AS CONDITIONED FOR THE PROPERTY LOCATED AT 4226 -4306 WEST FIFTH 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. The Applicant is requesting approval of a tentative tract map and a site plan review to allow the construction of 28 detached homes at 4226 -4306 West Fifth Street. B. The Planning Commission has, following a duly noticed public hearing, on September 23, 2013, recommended the approval of the following items: 1. Adopt an ordinance approving Amendment Application No. 2013 -04 and Specific Development No. 86. 2. Adopt a resolution approving Tentative Tract Map No. 2013 -05 (County Map No. 17546) as conditioned. 3. Adopt a resolution approving Site Plan Review No. 2013 -04 as conditioned. C. On November 4, 2013 the City Council of the City of Santa Ana held a duly noticed public hearing and at that time considered all testimony, written and oral. D. For Tentative Tract Map No. 2013 -05, the City Council of the City of Santa Ana determines that the following findings have been established: 1. The proposed project, as conditioned, and its design and improvements are consistent with the District Center designation on the General Plan and are otherwise consistent with all other elements of the General Plan. The proposed subdivision, Tentative Tract Map No. 2013 -05 (County Map No. 17546) is consistent with the land use designation and density prescribed in the General Plan and will not have an adverse effect on the surrounding uses in the area. Resolution No. 2013 -053 Page 1 of 8 2. The proposed project, as conditioned, conforms to all applicable requirements of the zoning and subdivision codes as well as other applicable City ordinances. The proposed subdivision conforms to the minimum condominium requirements, as well as meets the letter and intent of the State of California Subdivision Map Act Provisions. Tentative Tract Map No. 2013 -05 is in keeping with the site plan review for the project as well as Chapters 34 and 41 of the Santa Ana Municipal Code. Covenants, Conditions and Restrictions (CC &Rs) are required for the project, which need to be approved by the City prior to the recordation of the final map. 3. The project site is physically suitable for the type and density of the proposed project. The proposed site is physically suitable for the detached development as proposed since the property will be located within a Specific Development zoning district (SD86) and has a General Plan land use designation of Low Medium Density Residential at 11 dwelling units per acre (LMR11). The site is surrounded by a combination of single - family and multi - family residential uses and is determined to have the capability to support the type and density of the project. 4. The design and improvements of the proposed project will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The project site is located in an urbanized area and was previously developed with a drive -in store and three single - family residential structures, 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 proposed subdivision is not anticipated to have any detrimental effects upon the general public. The design and improvements associated with this project have been prepared to comply with minimum City standards. The internal street and alleyways are designed to be private and will be maintained by the Homeowner Association. The width and Resolution No. 2013 -053 Page 2 of 8 turning radius of the internal street and alleyways are adequate to accommodate Orange County Fire Authority emergency vehicles as well as Waste Management waste collection services. Additionally, each residence will have sewer, water and the necessary infrastructure improvements as conditioned in Development Project Review No. 2013 -02. 6. The design or improvements of the proposed project will not conflict with the easements acquired by the public at large for access through or use of property within the proposed project. The design or improvements of the proposed project will not create a conflict with easements necessary for public access through or use of the property within the proposed project since there is no easement within this property. Public access will be allowed to the site through the gated entrance with homeowner or homeowner association's authorization. E. Applicant has requested approval of Site Plan Review No. 2013 -04 as conditioned. 1. Section 41- 593.5(c) of the Santa Ana Municipal Code requires the Planning Commission to review all plans within a Specific Development zoning district to ensure the project is in conformance with the approved SD. 2. Based on the following review, the project is in compliance with all applicable development standards outlined within the Specific Development No. 86 zoning document: Section 2. In accordance with the California Environmental Quality Act the recommended action is exempt from further review per Section 15332. This class 32 exemption allows infill development provided they are consistent with the zoning and General Plan, do not have any noise or traffic impacts, and can be served by existing utilities. Categorical Exemption Environmental Review No. 2013 -04 will be filed for this project. Section 3. The City Council of the City of Santa Ana after conducting the public hearing hereby approves: A. Tentative Tract Map No. 2013 -05 as conditioned in Exhibit "A" attached hereto and incorporated herein for the residential development located at 4226 -4306 West Fifth Street. B. Site Plan Review No. 2013 -04 as conditioned in Exhibit "B" attached hereto and incorporated herein. Resolution No. 2013 -053 Page 3 of 8 These decisions are based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Request for Council Action dated November 4, 2013, and exhibits attached thereto; and, the public testimony, written and oral, all of which are incorporated herein by this reference. Section 4. This Resolution shall not be effective unless and until Ordinance No. NS -2853 becomes effective. If said ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise does not go into effect for any reason, then this resolution shall be null and void and have no further force and effect. Section 5. 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 Department shall give direct notice to the applicant of the Council's decision and these findings. ADOPTED this 4th day of November, 2013. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney M AYES: Councilmembers: Amezcua Benavides, Martinez, Pulido, Revna, Sarmiento Tinaiero (7) NOES: Councilmembers: None (0) ABSTAIN: Councilmembers: None (0) NOT PRESENT: Councilmembers: None (0) Resolution No. 2013 -053 Page 4 of 8 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2013 -053 to be the original resolution adopted by the City Council of the City of Santa Ana on November 4, 2013. Date: Clerk of the Council City of Santa Ana Resolution No. 2013 -053 Page 5 of 8 EXHIBIT A Conditions for Approval for Tentative Tract Map No. 2013 -05 Tentative Tract Map No. 2013 -05 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 rip or 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 tract map. Failure to comply with each and every condition may result in the revocation of the tentative tract map. A. Planning Division 1. An Inclusionary Housing Agreement will be recorded against the property, approved by the Executive Director of Community Development and the City Attorney prior to issuance of building permit. 2. Two copies of the recorded final tract map shall be submitted each to the Planning Division, Building Division and Public Works Agency within 10 days of recordation. 3. The tentative tract map, final map and all improvements required to be made or installed by the subdivider shall be in accordance with the requirements and design standards and specifications of the City of Santa Ana and the requirements of the State Subdivision Map Act. 4. Two copies of the recorded final map and CC &Rs shall be submitted each to the Planning Division, Fire Department, Building Division, and Public Works Agency within 10 days of recordation. 5. After project occupancy, landscaping is to be maintained in accordance with the landscape plan approved for the project. This shall include the minimum levels of plant materials shown on the landscape plan and installed at the time of occupancy. 6. A fencing plan showing the location of all project fencing and the materials to be used must be submitted to the Planning Division prior to submittal into building plan check. Resolution No. 2013 -053 Page 6 of 8 November 4, 2013 Page 2 of 2 7. All real estate signage must be removed from the site within one year from the date of installation. An extension of time may be granted as determined by the Planning Manager 8. The final map must be approved and recorded prior to issuance of building permits. 9. Development within the area of the map is subject to development and permit fees in effect at the time of permit issuance. 10. Development within the area of the map is subject to design and development standards in effect at the time of permit issuance. 11. The project must be in compliance with the provisions of Site Plan Review (DP No. 2013 -02). 12. The required Inclusionary Housing Plan and Inclusionary Housing Agreement shall comply with the procedures for establishing eligibility and applicant priority contained within the Housing Element as it may be adopted and amended by the City Council. At a minimum these eligibility criteria shall give priority to tenants /buyers whose household income is on the lower end of the applicable income range and tenants /buyers who are residents of Santa Ana. The provisions of the Inclusionary Housing Plan must be fully implemented prior to any issuance of Certificate of Occupancy. Resolution No. 2013 -053 Page 7 of 8 EXHIBIT B Conditions of Approval for Site Plan Review No. 2013 -04 Site Plan Review No. 2013 -04 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 rip or to exercising the rights conferred by this approval. The applicant must remain in compliance with all conditions listed below throughout the life of the site plan approval. Failure to comply with each and every condition may result in a building permit not being issued. A. Planning Division 1. All proposed site improvement must conform with Site Plan Review approval of DP No. 2013 -02. 2. Any amendment to this site plan must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the Planning Commission must amend the site plan approval. 3. A detailed fence plan for the entire project including the height, design and materials shall be submitted and approved prior to issuance of building permit. 4. A common area amenity plan including the design of the shade structure, materials and furniture shall be submitted and approved prior to issuance of building permit. 5. The required Inclusionary Housing Plan and Inclusionary Housing Agreement shall comply with the procedures for establishing eligibility and applicant priority contained within the Housing Element as it may be adopted and amended by the City Council. At a minimum these eligibility criteria shall give priority to tenants /buyers whose household income is on the lower end of the applicable income range and tenants /buyers who are residents of Santa Ana. The provisions of the Inclusionary Housing Plan must be fully implemented prior to any issuance of Certificate of Occupancy. Resolution No. 2013 -053 Page 8 of 8