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HomeMy WebLinkAboutRESO 2015-39_4010WMcFaddenLS 12.14.15 RESOLUTION NO. 2015 -39 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING TENTATIVE TRACT MAP NO. 2015 -04 AS CONDITIONED AND DENSITY BONUS AGREEMENT NO. 2015 -01 FOR THE PROPERTY LOCATED AT 4010 WEST MCFADDEN 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. Applicant is requesting approval of Tentative Tract Map No. 2015 -04 and Density Bonus Agreement No. 2015 -01 to allow a five -unit single - family condominium subdivision at the property located at 4010 West McFadden Avenue. B. Santa Ana Municipal Code Section 34 -127 requires approval of a tentative tract map by the Planning Commission for subdivisions over four (4) parcels or condominium units. C. Santa Ana Municipal Code Section 41 -1600 et seq. requires approval of a density bonus agreement for projects requesting to construct units in excess of applicable General Plan or Zoning Code density standards and for projects requesting deviations from the City's density or development standards. D. On December 14, 2015, the Planning Commission held a duly noticed public hearing on Tentative Tract Map No. 2015 -04 and Density Bonus Agreement No. 2015 -01. E. The Planning Commission of the City of Santa Ana determines that the following findings, which must be established in order to grant the Tentative Tract Map pursuant to Santa Ana Municipal Code (SAMC) Section 34 -127, have been established for Tentative Tract Map No. 2015- 04 to allow a five -unit single - family condominium subdivision: 1. That the proposed project, as conditioned, and its design and improvements are consistent with the Industrial land use designation of the General Plan and are otherwise consistent with all other elements of the General Plan and any applicable specific plans. Resolution No. 2015 -39 Page 1 of 8 The proposed subdivision, Tentative Tract Map No. 2015 -04, in conjunction with the concurrent Density Bonus Agreement No. 2015 -01, is consistent with the Low - Density Residential (LR -7) 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: Policy 1.5 (Maintain and foster 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). 2. That 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, in conjunction with the concurrent Density Bonus Agreement No. 2015 -01, conforms to the minimum requirements as well as meets the letter and intent of the State of California Subdivision Map Act provisions. Vesting Tract Map No. 2015 -04 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. That 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 0.601 acres of land within the General Agricultural (A -1) zoning district, which is physically suitable for the residential development as proposed. Access to the site will occur from two points on McFadden Avenue. 4. That 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 proposed subdivision will not cause any substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. The project site is located in an urbanized area, and there are no known fish or wildlife populations existing on the project site. In accordance with Resolution No. 2015 -39 Page 2 of 8 the California Environmental Quality Act (CEQA), the proposed project is categorically exempt from CEQA review per Section 15332. The Class 32 exemption applies to projects characterized as infill development meeting five specified conditions. The proposed project, in conjunction with the concurrent Density Bonus Agreement No. 2015 -01, meets the criteria in all five conditions. 5. That 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. Any negative or adverse impacts have been addressed during the site plan approval phase of the project or will be addressed during recordation of the final map and the public improvements required. Moreover, approval of the project will not result in any significant effects relating to traffic, noise, air quality, or water quality. The City's Planning Division and Public Works Agency have reviewed the proposed project and have determined that the amount of traffic, noise, air quality impacts, or water quality impacts are below thresholds that would warrant further analyses. 6. That 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 since there is no public access easement located within this property. F. The Planning Commission of the City of Santa Ana hereby determines that the following findings, which must be established in order to grant the Density Bonus Agreement pursuant to Santa Ana Municipal Code (SAMC) Section 41 -1600, have been established for Density Bonus Agreement No. 2015 -01 to allow a five -unit single - family condominium subdivision: 1. That the proposed development will materially assist in accomplishing the goal of providing affordable housing opportunities in economically balanced communities throughout the city. The proposed five -unit residential development will materially assist in accomplishing the goal of providing Resolution No. 2015 -39 Page 3 of 8 affordable housing opportunities in an economically balanced community. The applicant will construct and sell five units, representing 100 percent of the proposed development, to low- or moderate - income households, thus increasing the total supply of affordable units available for that level of affordability. 2. That the development will not be inconsistent with the purpose of the underlying zone or applicable designation in the general plan land use element. As proposed, the project will be consistent with the purpose of the General Agricultural (A -1) zoning district. With the approval of the density deviation requested by the applicant to allow construction of the fifth unit, the project will comply with all applicable development standards established in the A -1 zoning district and the guidelines within the Cityvride design standards. Additionally, the project will be consistent with purpose of the General Plan Land Use Element and Housing Element, as it will further the goals and policies of the plan and not obstruct their attainment. Specifically, it will further the Land Use Element Goal 3, to preserve and improve the character and integrity of the existing neighborhood; Policy 3.1, to support development which provides a positive contribution to neighborhood character and identity; Policy 3.5, to encourage new development and /or additions to existing development that is compatible in scale, and consistent with the architectural style and character of the neighborhood, and Policy 5.5, to encourage development which is compatible with, and supportive of surrounding land uses. Additionally, it will further the Housing Element, Goal 2, to provide a diversity of quality housing, affordability levels, and living experiences that accommodate Santa Ana's residents and workforce of all household types, income levels, and age groups to foster an inclusive community. 3. That the deviation is necessary to make it economically feasible for the applicant to utilize a density bonus authorized for the development pursuant to section 41 -1604. The deviations of the development standards requested are necessary to make the project economically feasible. The deviation requested is to increase the allowable density of the project from the densities specified in the LR -7 General Plan land use designation and in the A -1 zoning district. Deviations from these General Plan and Zoning Code density standards will allow the developer to make Resolution No. 2015 -39 Page 4 of 8 substantial improvements to the site, to construct five (5) affordable housing units, and to meet the terms of the Disposition and Development Agreement between the former Community Redevelopment Agency of the City of Santa Ana and Habitat for Humanity of Orange County specified in Community Redevelopment Agency Resolution No. 2011 -003. G. In accordance with the California Environmental Quality Act, the proposed project is categorically exempt from CEQA review per Section 15332. The Class 32 exemption applies to projects characterized as infill development meeting five specific conditions and their criteria. The project meets all criteria in all five conditions. Section 2. 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 sole negligence of the City of Santa Ana. Section 3. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Tentative Tract Map No. 2015 -04 as conditioned in Exhibit A, attached hereto and incorporated herein, and Density Bonus Agreement No. 2015 -01 for the project located at 4010 West McFadden Avenue. 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 December 14, 2015, and exhibits attached thereto; and, the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 14th day of December, 2015. AYES: Commissioners: Bacerra, Bauer, Gartner, Mill, Verino (5) NOES: Commissioners: None (0) ABSENT: Commissioners: Alderete (1) ABSTENTIONS: Commissioners: None (0) Resolution No. 2015 -39 Page 5 of 8 James Gartner Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney f By: L �-.. 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 -39 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on December 14, 2015. Date: /'�' Zl Y/1 �- ? f Qv-w Planning Commission Secretary City of Santa Ana Resolution No. 2015 -39 Page 6 of 8 EXHIBIT Conditions of Approval for Tentative Tract Map No. 2015 -04 Tentative Tract Map No. 2015 -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 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 project. Failure to comply with each and every condition may result in the revocation of the approval for the tentative tract map. A. Planning Division 1. The project shall comply with all conditions, standards, requirements, plans, and elevations approved by the Development Review Committee (DRC) for the development project (DP No. 2014 -7). 2. Covenants, Conditions and Restrictions (CC &Rs) for this project must be reviewed and approved prior to approval of the final tract map. At a minimum, the CC &Rs shall include provisions pertaining to owner occupancy, restrictions on home -based businesses, and means for securing any publicly - accessible open spaces. 3. The final landscape plan shall depict installation of a perimeter block wall on the project site except in front yard setback areas. The landscape plan shall also contain perimeter block wall construction details, finishes, decorative elements, and accommodation for landscaping to deter graffiti. 4. All real estate signage must be removed from the site within one (1) year from the date of installation. An extension of time may be granted as determined by the Planning Manager. 5. All site activities associated with grading and construction shall be screened by temporary construction fencing. Such fencing shall be secured and contain durable green mesh. 6. Graffiti on any portion of the project site before, during, and after construction shall be removed within 24 hours of first appearance. 7. Should the project be built in phases, any phase shall at all times comply with the standards of the approved landscape plan. Resolution No. 2015 -39 Page 7 of 8 8. The final map must be approved and recorded prior to the sale of the first unit. 9. 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. 10. Development within the area of the map is subject to development and permit fees in effect at the time of permit issuance. 11. Development within the area of the map is subject to design and development standards in effect at the time of permit issuance. 12. Two copies of the recorded final map and CC &Rs shall be submitted each to the Planning Division, Orange County Fire Authority (vCFA), Building Division, and Public Works Agency within ten (10) days of recordation. 13. Pursuant to Section 66474.9(b) of the Subdivision Map Act, the applicant shall defend, indemnify, and hold harmless the City, and its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, any approval of the City concerning this subdivision application, which action is brought within the time period provided for in Section 66499.37. Resolution No. 2015 -39 Page 8 of 8