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HomeMy WebLinkAboutRESO 2015-25_1010SHarborLS 7.8.15 RESOLUTION NO. 2015 -25 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING TENTATIVE PARCEL MAP NO. 2015 -02 AS CONDITIONED FOR THE PROPERTY LOCATED AT 1010 SOUTH HARBOR BOULEVARD 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. The Applicant is requesting approval of a tentative parcel map to allow an air -right subdivision for seventy -nine (79) condominium units at 1010 South Harbor Boulevard. B. Tentative Parcel Map No. 2015 -02 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on July 13, 2015. C. For Tentative Parcel Map No. 2015 -02, the Planning Commission 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 Urban Neighborhood (UN) land use designation of the General Plan and are otherwise consistent with all other Elements of the General Plan and applicable Specific Plans. The proposed subdivision, Tentative Parcel Map No. 2015- 02, as conditioned, is consistent with the Urban Neighborhood land use designation and density prescribed and all other elements of the General Plan. Specifically, the proposed subdivision is consistent with several policies within the Land Use Element of the General Plan, including: o icy :Maintain and--fo—ster a variety of residential -land uses in the City); Policy 1.7 (Support open space in underserved areas); and Policy 3.1 (Support development which provides a positive contribution to neighborhood character and identity). Resolution No. 2015 -25 Page 1 of 6 The proposed subdivision conforms to the minimum requirements as well as meets the letter and intent of the State of California Subdivision Map Act provisions. Tentative Tract Map No. 2015 -02 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. There are no physical constraints on the site that preclude development of the site. The proposed site consists of approximately 3.9 acres of land within the Harbor Mixed Use Transit Corridor Specific Plan (SP -2), which is physically suitable for the residential development as proposed. Access to the site will occur from a single point on Kent Avenue. The site is surrounded by a combination of single - family, multi - family residential and commercial 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 proposed subdivision will not cause any substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. A program -level Environmental Impact Report (EIR) was prepared pursuant to the California Environment Quality Act for the new Harbor Mixed Use Transit Corridor Specific Plan that anticipated up to 2,000 residential units being built in the Specific Plan area. The project site is located in an urbanized area, and there are no known fish or wildlife populations existing on the project site. 5. 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. The short -term and long- term unavoidable adverse impacts identified in Environmental Impact Report No. 2014 -01 were addressed by the adoption of a Statement of Overriding Considerations by the City Council. Any other negative or adverse impacts Resolution No. 2015 -25 Page 2 of 6 will be mitigated through mitigation measures identified in Environmental Impact Report No. 2014 -01 and conditions of approval for the vesting map. The internal street and alleyways are designed to be private and will be maintained by the Homeowner Association. The width and 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 -25. 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 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 since there is no public access easement located within this property. Public access will be allowed to the site through the gated entrance with homeowner or homeowner association's authorization. Section 2. In accordance with the California Environmental Quality Act (CEQA), the recommended action has been determined to be adequately evaluated in the previously certified EIR No. 2014 -01 as per Sections 15162 and 15168 of the CEQA guidelines. All mitigation measures in EIR No. 2014 -01 and associated Mitigation Monitoring and Reporting Program (MMRP) have been enforced and continue to apply to the proposed project. As required by the MMPR, a traffic impact analysis was performed to analyze any potential changes in area traffic as a result of the proposed development. The study concluded that no additional significant impacts would trigger the requirement for additional environmental review. Section 3. The applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the project, including, without limitation, any environmental review or approval, except to the extent caused by the negligence of the City of Santa Ana. Section 4. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Tentative Tract Map No. 2015 -02 as conditioned in Exhibit A, attached hereto and incorporated herein, for the project located at 1010 S. Harbor Boulevard. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Request for Planning Commission Action dated July 13, 2015, and exhibits attached thereto; and, the public testimony, written and oral, all of which are incorporated herein by this reference. Resolution No. 2015 -25 Page 3 of 6 ADOPTED this 13th day of July, 2015. AYES: Commissioners: Alderete, Bacerra, Bauer, Gartner, Mill, Nalle, Verino (7) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: None (0) Jades Gartner Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: �.. Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, KAREN GERARDO, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2015 -25 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on July 13, 2015. Date: t G "f/w/ J f Planning Commission Secretary City of Santa Ana Resolution No. 2015 -25 Page 4 of 6 EXHIBIT Conditions of Approval for Tentative Tract Map No. 2015 -02 Tentative Tract Map No. 2015 -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 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. 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. 7. The final map must be approved and recorded prior to issuance of building permits. Resolution No. 2015 -25 Page 5of6 8. Development within the area of the map is subject to development and permit fees in effect at the time of permit issuance. 9. Development within the area of the map is subject to design and development standards in effect at the time of permit issuance. 10. The project must be in compliance with the provisions of Site Plan Review (DP No. 2013 -25). B. Police Department 1. Building and unit addressing must comply with the City's emergency service standards. 2. Prior to submittal into Building plan check, the applicant shall provide a photometric study to the Police Department showing compliance with the 1 footcandle requirement for the project site. C. Public Works 1. Refuse collection must comply with Santa Ana Municipal Code Section 16- 37. Pick -up volume shall include both trash and recyclables at a minimum two (2) times per week. Resolution No. 2015 -25 Page 6 of 6