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HomeMy WebLinkAbout2017-065 - Approving Tentative Tract Map No. 2017-01LS 10.3.17 RESOLUTION NO. 2017-065 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING TENTATIVE TRACT MAP NO. 2017-01, AS CONDITIONED, TO ALLOW THE SUBDIVISION OF AN EXISTING PARCEL INTO 43 LOTS AT 2001 WEST MACARTHUR BOULEVARD 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. Applicant is requesting approval of a Tentative Tract Map to allow the subdivision of an existing parcel into forty-three (43) lots at 2001 West MacArthur Boulevard. B. Santa Ana Municipal Code Section 34-127 requires approval of a Tentative Tract Map by the Planning Commission. C. On September 11, 2017, the Planning Commission held a duly noticed public hearing on Tentative Tract Map No. 2017-01 and recommended approval of the tentative tract map as modified and conditioned. D. On October 3, 2017, the City Council held a duly noticed public hearing on Tentative Tract Map No. 2017-01. E. The City Council of the City of Santa Ana determines that the following findings, which must be established in order to approve this Tentative Tract Map pursuant to Santa Ana Municipal Code (SAMC) Section 34-127 and the State Subdivision Map Act, have been established for Tentative Tract Map No. 2017- 01: 1. The proposed project, as conditioned, and its design and improvements are consistent with the Low Density Residential (LR) designation of the General Plan and are otherwise consistent with all other Elements of the General Plan. The proposed project, as conditioned, and its design and improvements will be consistent with the Low Density Residential (LR) 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 of land to create 43 parcels is consistent with the land use designation and all other elements of the General Plan. Land Use Element Policy No. 1.4 promotes the maintenance and fostering of a variety of residential land Resolution No. 2017-065 Page 1 of 7 uses in the City and Housing Element Policy HE -2.4 encourages projects that facilitate diverse types, prices and sizes of housing. 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 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 Review No. 2016-24) 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. 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 would preclude development. The proposed site consists of approximately 6.72 -acres of land and is physically suitable for the proposed small lot residential development, where lots will range in size from 4,019 square feet to 8,608 square feet. Access to the site will be from Jaguar Way, which takes access from MacArthur Boulevard, a major arterial. 4. 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. An environmental impact report (EIR) was prepared for the Armstrong Ranch development in 2002 pursuant to the California Environment Quality Act. To address potential impacts from this new proposal, an Addendum to the EIR was prepared that analyzed potential impacts generated from the 42 -unit development. 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 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 will not have any detrimental effects upon the general public. The short-term and long-term impacts identified in the environmental impact report, and further analyzed in the Addendum to the EIR, noted that impacts can and have been mitigated to a level of less than significant through the adoption and implementation of specific mitigation measures. Resolution No. 2017-065 Page 2 of 7 6. 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 are no public access easements or any other easements located within this property. Section 2. In accordance with the California Environmental Quality Act the recommended action is exempt for further review as it was subject to a previously prepared EIR per Section 15164. As part of the City's permitting process, the proposed project is required to undergo an environmental review in accordance with the California Environmental Quality Act (CEQA). In accordance with CEQA, the recommended actions have been reviewed through an Initial Study (ER No. 2016-143). The proposed project has further been reviewed through an Addendum to the previously certified Environmental Impact Report 2000-01. CEQA guidelines (California Code of Regulations 15000, et seq.) authorize the use of an addendum for the purpose of making minor or technical changes, as long as these changes do not rise to the level of requiring a subsequent or supplemental EIR pursuant to CEQA Guidelines 15162. The originally certified Environmental Impact Report was analyzed in light of the revised site plan and it was determined that there are no new significant impacts resulting from the new plan. Several mitigation measures that required modification and/or further clarification have been added to the conditions of approval for this project. Additionally, a trip generation comparison was performed to analyze the potential changes in traffic circulation as a result in the change to traffic patterns over the past few years. The result of the traffic analysis concluded that the residential use at this site will result in 75 fewer trips in the morning peak hour, 42 fewer trips in the afternoon peak hour and 278 less trips on a daily basis. According to the updated study, the proposed project will not exceed, either individually or cumulatively, a level of service standard established by the County congestion management agency for designated roads or highways. Therefore, no additional review or mitigation measures related to traffic are needed. The determination that there are no new significant impacts or any increases in the severity of the impacts previously identified in the original Environmental Impact Report mean that in accordance with CEQA 15164, the Addendum to the previously certified Armstrong Ranch Project EIR and Mitigation Monitoring and Reporting Program is the appropriate document for the actions proposed. 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 sole negligence of the City of Santa Ana. Resolution No. 2017-065 Page 3 of 7 Section 4. The City Council of the City of Santa Ana, after conducting the public hearing, hereby approves Tentative Tract Map No. 2017-01, as conditioned as set forth in Exhibit A attached hereto and incorporated herein by reference, for the property located at 2001 West MacArthur 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 September 11, 2017, the Request for Council Action dated October 3, 2017, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 3rd day of October, 2017. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: &tv Lisa Storck Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT Resolution No. 2017-065 Page 4 of 7 Councilmembers: Benavides Martinez, Pulido Sarmiento, Solorio Tinaiero Villegas (7) Councilmembers: None (0) Councilmembers: None (0) Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Maria Huizar, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2017-065 to be the original resolution adopted by the City Council of the City of Santa Ana on October 3, 2017. Date: /CJ fb—�!1 - % )' /D l Zsv% Maria D. Huizar Clerk of the Council City of Santa Ana Resolution No. 2017-065 Page 5 of 7 EXHIBIT A Conditions of Approval Tentative Tract Map No. 2017-01 (County Map No. 18055) 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 belowrip or 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. Comply with all conditions and requirements from the Development Review Committee (DRC) for the development project (DP No. 2016-24). 2. The Covenants, Conditions and Restrictions (CC&Rs) for this project must be reviewed and approved prior to approval of the final tract map. 3. 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. 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. 8. Two copies of the recorded final map and CC&Rs shall be submitted each to the Planning Division, Fire Authority, Building Division, and Public Works Agency within 10 days of recordation. Resolution No. 2017-065 Page 6 of 7 SEPTEMBER11, 2017 PAGE 2 OF 2 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 for the common area parcel. At a minimum, the project shall incorporate the amount and size of landscaping as shown on the preliminary landscape plans dated July 25, 2017. 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. The CC&R's shall include language that requires the garages to remain available as parking for motor vehicles at all times. (Added by the Planning Commission on September 11, 2017) 12. Project applicant shall submit a revised traffic analysis for the project studying the potential installation of a stop sign at the intersection of Jaguar Way and the entry/exit to the protect prior to the issuance of the first building permit. (Added by the Planning Commission on September 11, 2017) Resolution No. 2017-065 Page 7 of 7