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HomeMy WebLinkAbout2016-029 - Approving Mitigated Negative DeclarationLS 3.31.16 RESOLUTION NO. 2016-029 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM, ENVIRONMENTAL REVIEW NO. 2015-09, GENERAL PLAN AMENDMENT NO. 2016-02 AND TENTATIVE TRACT MAP NO. 2016-02 FOR THE PROPERTIES LOCATED AT 1506 THROUGH 1548 WEST FIRST 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 Olson Company is requesting the approval of General Plan Amendment No. 2016-02 to amend the General Plan land use designation from General Commercial (GC) to Urban Neighborhood (UN) and Tentative Tract Map No. 2016-02 to allow the construction of the First and Pacific townhome development project that would include 62 for -sale townhomes on a 2.47 - acre parcel of land. B. The Olson Company is proposing to construct the 62 -unit project subject to the City's Housing Opportunity Ordinance, which will require the assignment of 9.3 townhomes as affordable units. C. On April 11, 2016, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council: (1) adopt a resolution approving the Mitigation Monitoring and Reporting Program, (2) adopt a resolution approving General Plan Amendment No. 2016-02, and (3) adopt a resolution approving Tentative Tract Map No. 2016-02 for the proposed project. D. On May 3, 2016, the City Council of the City of Santa Ana held a duly noticed public hearing to consider all testimony, written and oral, related to Environmental Review No. 2015-09, General Plan Amendment No. 2016- 02, and Tentative Tract Map No. 2016-02, at which time all persons wishing to testify were heard, the project was fully considered, and all other legal prerequisites to the adoption of this Resolution occurred. Resolution No. 2016-029 Page 1 of 17 E. General Plan Amendment No. 2016-02 has been filed to amend the General Plan to change the land use designation from General Commercial (GC) to Urban Neighborhood (UN). 1. Currently, the land use designation for this site is General Commercial (GC), which allows commercial developments and uses. This project will require amendments to the Land Use Element, including amending the General Plan Land Use designation to Urban Neighborhood (UN) with a General Plan floor area ratio of 1.0. 2. The proposed project will support several goals and policies of the Housing Element. First, the project would be consistent with Goal 2, which encourages 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. Second, the project would support Goal 4, to provide adequate rental and ownership housing opportunities and supportive services. Further, the project would be consistent with several Housing Element policies: Policy HE -2.4 to facilitate diverse types, prices and sizes of housing; and Policy HE -2.6 to provide an affordable component within eligible ownership housing projects. 3. The City Council has weighed and balanced the General Plan's policies, both new and old, and has determined that based upon this balancing that General Plan Amendment No. 2016-02 is consistent with the purpose of the general plan. F. Tentative Tract Map No. 2016-02 has been filed seeking approval of a tentative tract map to allow a single lot subdivision for condominium purposes to allow the townhomes to be for individual sale. 1. To adopt a Tentative Tract Map, California Government Code Section 66474 requires the following findings: i. 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. 2016-02, will be consistent with the proposed Urban Neighborhood land use designation and density prescribed and all other elements of the General Plan. Resolution No. 2016-029 Page 2 of 17 Land Use Element Policy No. 1.4 promotes the maintenance and fostering of a variety of residential land uses in the City. Further, Housing Element Policy HE -2.4 encourages projects that facilitate diverse types, prices and sizes of housing and Policy HE -2.6 supports projects that provide an affordable component within eligible ownership housing projects ii. 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 requirements and intent of the provisions of the State of California Subdivision Map Act. Further, the map is in keeping with the Site Plan Review (Development Project No. 2015-3) and Chapter 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 City Council approval of the final map. iii. The project site is physically suitable for the type and density of the proposed project. There are no physical constraints on the site that would preclude development. The proposed site consists of approximately 2.47 acres of land and is physically suitable for the development as proposed. Access to the site will be relocated from First Street, a major arterial, to Walnut Street, a secondary street. iv. 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. A mitigated negative declaration was prepared pursuant to the California Environment Quality Act for the project. The project site is located in an urbanized area, and there are no known fish or wildlife populations existing on the project site. Therefore, the proposed subdivision will not cause any Resolution No. 2016-029 Page 3 of 17 substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. V. 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 impacts identified in the mitigated negative declaration as it pertains to air quality, cultural resources, soils and liquefaction, hazardous materials and noise can be mitigated to a level of less than significant through the adoption and implementation of specific mitigation measures. vi. 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. There is no easement for public access currently existing on this property. Therefore, the proposed project will not conflict with easements necessary for public access through or use of the property. Section 2. The City Council has reviewed and considered the information contained in the initial study and the mitigated negative declaration (MND) and Mitigation Monitoring and Reporting Program, Environmental Review No. 2015-09, prepared with respect to this project. The City Council has, as a result of its consideration and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, an MND and Mitigation Monitoring and Reporting Program adequately addresses the expected environmental impacts of this project. On the basis of this review, the City Council finds that there is no evidence from which it can be fairly argued that the project will have a significant adverse effect on the environment. The City Council hereby certifies and approves the MND and Mitigation Monitoring and Reporting Program and directs that the Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. Pursuant to Title XIV, California Code of Regulations (CCR) § 735.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed Project will have the potential for any significant adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed Project exists in an urban environment characterized by paved Resolution No. 2016-029 Page 4 of 17 concrete, roadways, surrounding buildings and human activity. Mitigation measures in the Mitigation Monitoring and Reporting Program will prevent any significant adverse effects resulting from removal of existing trees on the project site on wildlife resources or ecological habitats. However, pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 735.5, the payment of Fish and Game Department filing fees in conjunction with this project is at the discretion of the State of California Department of Fish and Wildlife. Section 3. Pursuant to Public Resources Code section 21081.6, the City Council hereby adopts the Mitigation Monitoring and Reporting Program attached hereto as Exhibit A and incorporated herein by this reference as a condition of approval of the project. The City finds that Mitigation Monitoring and Reporting Program is designed to ensure that, during the implementation of the Project, the City and any other responsible parties implement the components of the Project and comply with the mitigation measures identified in the Mitigation Monitoring and Reporting Program. Section 4. The City Council of the City of Santa Ana after conducting the public hearing hereby approves: A. Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, Environmental Review No. 2015-09. B. General Plan Amendment No. 2016-02. C. Tentative Tract Map No. 2016-02 as conditioned (Exhibit B). These decisions are based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Council Action dated May 3, 2016, and exhibits attached hereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. Section 5. This Resolution shall not be effective unless and until Ordinance No. NS -2899 (AA No. 2016-02) 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 do not go into effect for any reason, then this resolution shall be null and void and have no further force and effect. Section 6. 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. Resolution No. 2016-029 Page 5 of 17 Section 7. These decisions rendered by the City Council of the City of Santa Ana are final and are subject to judicial review pursuant to California Code of Civil Procedure section 1094.6. The Planning and Building Agency shall give direct notice to the applicant of the City Council's decisions and these findings. ADOPTED this 17`h day of May, 2016. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By. X. Lisa Storck Assistant City Attorney AYES: Councilmembers Amezcua, Benavides Pulido Reyna, Sarmiento NOES: Councilmembers ABSTAIN: Councilmembers None (0) NOT PRESENT: Councilmembers Martinez Tinalero (2) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2016-029 to be the original resolution adopted by the City Council of the City of Santa Ana on May 17, 2016. Date: 6 Resolution No. 2016-029 Page 6 of 17 CI re k of the Council City of Santa Ana Exhibit A California Environmental Quality Act Mitigation and Monitoring Program Resolution No. 2016-029 Page 7 of 17 Lead Agency: City of Santa Ana Planning and Building Agency 20 Civic Center Plaza Santa Ana, CA 92701 (714) 667-2713 Project Proponent: The Olson Company 3010 Old Ranch Parkway, Suite 100 Seal Beach, CA 90740 (562) 596-4770 Environmental Consultant: Phil Martin & Associates 4860 Irvine Boulevard, Suite 203 Irvine, California 92620 (949) 454-1800 March 31, 2016 EXHIBIT A Resolution No. 2016-029 Page 8 of 17 1.0 MITIGATION MONITORING AND REPORTING Pi.AN 1.1 Introduction This is the Mitigation Monitoring and Reporting Plan (MMRP) for the First and Pacific residential project. It has been prepared pursuant to the requirements of Public Resources Code §21081.6 which, among other things, states that when a governmental agency adopts or certifies a CE,QA document that contains the environmental review of e proposed project, "The public agency shall adopt a reporting or monitoring program for the changes made to the project or conditions of project approval, adopted in order to mitigate or avoid significant effects on the environment. The reporting or monitoring program shall be designed. to ensure compliance during project Implementation." The City of Santa Ana is the lead agency for the project, and Is therefore, responsible for administering and implementing the MMRP, The decision -makers must deflne specific reporting and/or monitoring requirements to be enforced during project implementation prior to final approval of the proposed project. 1.2 Project Overview The project applicant proposes the development of 62 three-story attached for -sale residential units In eleven separate buildings on a 2.47 aore site. The project includes four 2 -bedroom units and fifty-eight 3 -bedroom units at a density of 25.83 units/acre, The existing vacant commercial buildings on the site will be dernolished to allow the development of the proposed residential units. 1.8 Monitoring and Reporting Procedures This MMRP includes the following information: (1) mitigation measures that will either eliminate or lessen the potential Impact from the project; (2) the monitoring milestone or phase during which the measure should be compiled with or carried out; (3) the enforcement agency responsible for monitoring mitigation measure compliance; and (4) the Initials of the person verifying the mitigation measure was completed and the date of verification. The MMRP will be In place through all phases of a project Including project design (preconstruction), project approval, project construction, and operation (both prior to and post - occupancy). The City will ensure that monitoring is documented through periodic reports and that deficiencies are promptly corrected. The designated environmental monitor will track and document compliance with mitigation measures, note any problems that may result, and take appropriate action to rectify problems. Each mitigation .measure is listed and categorized by Impact area, with an accompanying discussion of, • The phase of the project during which the measure should be monitored; a Project review and prior to project approval a During grading or building plan check review and prior to Issuance of a grading or building permit o Ongoing during construction n Throughout the life of the project • The enforcement agency; and Firstand Pacific Residential Project —Mitigated Negative Dagioratlon March 31, 2016 Mitigation Monitadng and Reporting Plan Page 7 Resolution No. 2016-029 Page 9 of 17 The initials of the person verifying completion of the mitigation measure and date. The MMP Is provided as Table 1 (Mitigation and Monitoring Reporting Program). Resolution No. 2016-029 Page 10 of 17 Resolution No. 2016-029 Page 11 of 17 Q �i (V c � C q R � ¢ OI A N f1 wCry m -cm tCf uN• I/Q� 0 4 "'U I ro Li m 4a C 0 ca no ,c, C dim a`�ia. �o a c M C r «900 m'° 9 :S O:4 t U CUO w_ ....... G Q: C p N pNp77 W N .G .0 07 q E U 0 m� SUS hi :Q U iQ .G� tt5 C y G rj C9- U .d y.L� i—p m N .� pp o c c 'a`s a EppE Nr- .y� a)ro ' nc? :° n 7ro �m N . _ t5 W" $ 0. ? Q, 4 .a Q CL C Gm CT�c NN LGT CC U% •r�_ .—. m m(n . mCssi y C8 Q 0©T t= c c cw itl ch N fJ ..+ 7� .@ f0.6 p dam] '� N J+ E �. �.. rtyN P 0-U te.. O D 'L7 ti ,c? N C th N iti C G O 'ts m vE <CEa.d -a 'ma to m-0 Cv 1001, m cUvE a ._ Ci 76 E Z Q Resolution No. 2016-029 Page 11 of 17 Resolution No. 2016-029 Page 12 of 17 CL R EL lL >1 0 r O IL - 6 "C CL CD CL 0 0 CL a) 0 at r- c Lq 0 0) 2 LL 0) a w"D M a) 0, 4mQ 0 C_ 0 cc: co '2 ca — -0 P 0 cl a) w CL (D > 0 4) 0 E r- 0 0 �: . 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C57 N <'D N 2 -0 0 O ti 10 CD'© (tl> O EOL N @ p 2 C.� G> a E 46 0 O .o :S Q .0 Q N E w �3 N� Z Z Resolution No. 2016-029 Page 15 of 17 Exhibit B Tentative Tract Map No. 2016-02 Conditions of Approval Tentative Tract Map No. 2016-02 (County Map No. 17979) 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 vesting 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 vesting tentative tract map. A. Planning Division Comply with all conditions and requirements from the Development Review Committee (DRC) for the development project (DP No. 2015-03). The Covenants, Conditions and Restrictions (CC&Rs) for this project must be reviewed and approved prior to approval of the final tract map. 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. The final map must be approved and recorded prior to issuance of building permits. 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 Santa Ana Municipal Code and the requirements of the State Subdivision Map Act. 6. Development within the area of the map is subject to development and permit fees in effect at the time of permit issuance. 7. Development within the area of the map is subject to design and development standards in effect at the time of permit issuance. Resolution No. 2016-029 Page 16 of 17 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. 9. A detailed landscape plan must be reviewed and approved prior to issuance of any building permits. In addition to the landscaping palette, the plan shall include details on the hardscape design, lighting concepts and outdoor furniture. At a minimum, the project shall incorporate the amount and size of landscaping as shown on the preliminary landscaped plans dated March 16, 2016. The exact specifications for these items are subject to the review and approval of the Planning Division. 10. After project occupancy, landscaping is to be maintained to include the minimum level of plant materials installed at the time of occupancy as required by the approved plans. 11. Development, operational and maintenance standards shall be established for the number, style and location of outdoor seating. The seating shall be made of a durable material such as concrete or painted iron and be designed to minimize effects from vandalism, skateboarding and weather. This seating shall be reviewed and approved in conjunction with the landscape plan and must be submitted prior to building plan check. 12. The project shall be in compliance with all mitigation measures identified in the mitigated negative declaration. B. PUBLIC WORKS AGENCY 1. Prior to submittal into building plan check, submit and receive approval of Trash Operations Plan and obtain a will serve letter from the City's trash hauler. Resolution No. 2016-029 Page 17 of 17