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HomeMy WebLinkAboutRESO 2016-19_1406 N Harbor Blvd (38 Residential Units)LS 4.13.16 RESOLUTION NO. 2016-19 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING TENTATIVE TRACT MAP NO. 2016-01 AS CONDITIONED FOR THE PROPERTY LOCATED AT 1406 NORTH 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. Applicant is requesting approval of Tentative Tract Map No. 2016-01 to allow a subdivision of a single parcel into 38 condominium units at the property located at 1406 North Harbor Boulevard. B. Tentative Tract Map No. 2016-01 came before the Planning Commission of the City of Santa Ana on April 25, 2016, for a duly noticed public hearing. C. Applications for residential subdivisions of over four (4) units require approval of a tract map by the Planning Commission pursuant to Santa Ana Municipal Code (SAMC) Section 34-127. D. For Tentative Tract Map No. 2016-01, the Planning Commission of the City of Santa Ana determines that the following findings have been established: 1. That the proposed project, as conditioned, and its design and improvements are consistent with the Urban Neighborhood land use designation of the General Plan and are otherwise consistent with all other elements of the General Plan and any applicable specific plans. The proposed subdivision, Tentative Tract Map No. 2016-01, is consistent with the Urban Neighborhood land use designation and density prescribed and all other elements of the General Plan. This land use designation applies to primarily residential areas with pedestrian -oriented commercial uses, schools, and small parks. The Urban Neighborhood allows for a mix of residential uses and housing types, such as mid to low-rise multiple family and townhouses. The proposed project is consistent with these principles. Specifically, the proposed subdivision is Resolution No. 2016-19 Page 1 of 6 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) and Policy 3.1 (Support development which provides a positive contribution to neighborhood character and identity). 2. That 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, as conditioned, 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. 2016-01 is in keeping with the site plan review for the project as well as Chapters 34 and 41 of the Santa Ana Municipal Code. The project is located within the Harbor Mixed Use Transit Corridor Specific Plan (SP -2), which permits multiple -family dwelling projects such as the proposed subdivision. The project conforms to all standards of the SP -2. Moreover, 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 2.01 acres of land within the Harbor Mixed Use Transit Corridor Specific Plan (SP -2), which is physically suitable for the residential development as proposed. The site is a flat, rectangular parcel in an urbanized area with no significant constraints that preclude the proposed subdivision and project. Access to the site will occur from a single point on Harbor Boulevard. 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. 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 Resolution No. 2016-19 Page 2 of 6 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. 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. 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 will be mitigated through mitigation measures identified in Environmental Impact Report No. 2014-01 and conditions of approval for the tract map. 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. E. 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 the associated Mitigation Monitoring and Reporting Program (MMRP) have been enforced and continue to apply to the proposed project. As required by the MMRP, a residential traffic study was performed to analyze any potential changes in area traffic as a result of the proposed development. The study concluded that are no additional significant impacts that would trigger the requirement for additional environmental review. 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 Parcel Map No. 2016-01 as conditioned in Resolution No. 2016-19 Page 3 of 6 Exhibit A, attached hereto and incorporated herein for the project located at 1406 North 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 April 25, 2016, and exhibits attached thereto; and, the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 25th day of April, 2016. AYES: Commissioners: Alderete, Bacerra, Bauer, Gartner, McLoughlin, Mill, Verino (7) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: None (( APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney r By: Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Rosa Barela, Acting Recording Secretary, do hereby attest to and certify the attached Resolution No. 2016-19 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on April 25, 2016. Date: Acting Recording Secretary City of Santa Ana Resolution No. 2016-19 Page 4 of 6 EXHIBIT A Conditions of Approval Tentative Tract Map No. 2016-01 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 tentative tract map. 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. 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. 2015-37). 2. Covenants, Conditions and Restrictions (CC&Rs) for this project must be reviewed and approved prior to approval of the final tract map for condominium purposes. At a minimum, the CC&Rs shall include provisions pertaining to owner occupancy, restrictions on home-based businesses, the prohibition of storage on balconies, means for securing any publicly -accessible open spaces, and maintenance of commonly -owned property, including, but not limited to: the private drives, open spaces and landscaping, roofs, structures, mechanical equipment and/or appurtenances, and lighting. 3. 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. 4. 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. 5. The final map must be approved and recorded prior to the sale of the first unit. 6. Development within the area of the map is subject to design and development standards in effect at the time of permit issuance. Resolution No. 2016-19 Page 5 of 6 7. 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. 8. 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. 2016-19 Page 6 of 6