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Home My WebLink About2009-03KO - 1 /8/09 • RESOLUTION NO. 2009-03 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING TENTATIVE TRACT MAP NO. 2008-05 AS CONDITIONED TO SUBDIVIDE THE SECOND FLOOR OF THE PROPERTY LOCATED AT 1945 EAST SEVENTEENTH STREET INTO 17 MEDICAL OFFICE CONDOMINIUMS (COUNTY MAP NO. 17257) 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. 2008-05 (County Map No. 17257) to subdivide the second floor of the property located at 1945 East Seventeenth Street into 17 medical office condominiums. • B. Tentative Tract Map No. 2008-05, came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on January 12, 2009. C. For Tentative Tract Map No. 2008-05, 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 General Commercial (GC) designation of the General Plan and are otherwise consistent with all other Elements of the General Plan and applicable Specific Plans. The proposed subdivision is consistent with the General Commercial land use designation and all other elements of the General Plan. Policy 5.4 of the Land Use Element supports land uses which are consistent with the land use plan of the Land Use Element. This project is not located within any specific plan area of the City. 2. The proposed project, as conditioned, conforms to all applicable requirements of the zoning and subdivision codes as well as other • applicable City ordinances. Resolution No. 2009-03 Page 1 of 6 The proposed project, as conditioned, conforms to all provisions of the zoning code, including landscaping, setbacks, parking, lot size and street frontage. No variances are required for this project. Existing infrastructure in the area is adequate to service the project. Covenants, Conditions and Restrictions (CC&Rs) are required for the project and needs 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. The proposed site is physically suitable for the medical office and commercial building that has been constructed as subdivisions for condominium purposes do not affect the conformance of the building or the site. The 57,000 square foot building results in a floor area ratio (FAR) of .34 which is below the maximum (FAR) for the General Commercial (GC) General Plan land use designation. Additionally, the building is located on a previously developed site already containing other commercial and office buildings. • 4. The design and improvements of the proposed project will not cause substantial environmental damage or substantially and avoidable injure fish or wildlife of their habitat. The project site is located in an urbanized area, with 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 effects upon the general public. sewer, water and other improvements as conditioned Review No. 2008-66. • not have any detrimental The project will incorporate necessary infrastructure in Development Project 6. The design or improvements of the proposed project will not cause conflict with easements acquired by the public at large for access through or use of property within the proposed project. Resolution No. 2009-03 Page 2 of 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 since public access will be provided from Seventeenth Street. Seventeenth Street is an arterial street that was constructed according to City specifications. D. In accordance with the California Environmental Quality Act, the proposed project is Categorically Exempt per Section 15301. This Class 1 exemption allows for the subdivision of existing commercial buildings where no physical changes occur. Environmental Review No. 2008-182 will be filed for this project. • Section 2. The Planning Commission after conducting the public hearing hereby approves Tentative Tract Map No. Tentative Tract Map No. 2008-05 (County Map No. 17257) as conditioned in Exhibit "A" attached hereto and incorporated herein. This decision is based upon the evidence submitted at the above said hearing, which includes but is not limited to: the Request for Planning Commission Action dated January 12, 2009 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 12th day of January, 2009 by the following vote: AYES: Commissioners: Alderete, Betancourt, Gartner, Leo, Mill, Turner, • Yrarrazaval (7) NOES: Commissioners: None (0) ABSENT: Commissioners: ABSTENTIONS: Commissioners: None (0) None (0) ~~~ ~ C ristop r Leo Chairman APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: ~ : ~,, ,~ ~~ . Kylee O. tto Assistant'C;ity Attorney Resolution No. 2009-03 Page 3 of 6 • CERTIFICATE OF ATTESTATION AND ORIGINALITY • • I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2009-03 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on January 12, 2009. Date: l a2~ ~9 r Plann~ Commissio ecr ry City of Santa Ana Resolution No. 2009-03 Page 4 of 6 CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 2008-05 • (County Map No. 17257) Tentative Tract Map No. 2008-05 (County Map No. 17257) 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 Standards Building Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below rip 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. Conditions, Covenants and Restrictions (CC&Rs) are required prior to final map approval addressing operational standards, common area maintenance, drainage, architecture, parking and circulation. The CC&Rs shall be recorded with the final map. • 2. Two copies of the recorded final map and CC&Rs 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, design standards and specifications of the City of Santa Ana and the requirements of the State Subdivision Map Act. 4. 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. 5. All mechanical equipment, including gas, electric and water meters shall be appropriately screened from view from the street. 6. No exterior signage shall be permitted for second floor tenants. ~J Exhibit A Resolution No. 2009-03 Page 5 of 6 PROOF OF SERVICE (C.C.P. SECTION 1013(a), 2015.5) STATE OF CALIFORNIA, COUNTY OF ORANGE I am employed in the aforesaid county; I am over the age of eighteen and not a party to the within action; my business address is 20 Civic Center Plaza, Ross Annex Second Floor, Santa Ana, California 92701. I served the foregoing document described as: Resolution No. 2009-03 (Tentative Tract Map No. 2008-OS) m this action by p acing a true copy t ereof encTose~c m~e enve opes ad rcZ essed as follows: Eric Nelson HPSC II, LLC 1234 East Seventeenth Street Santa Ana, CA 92701 [ ] I caused to be delivered by courier, such envelope by hand to the office of the addressee(s). [X] BY MAIL I am readily familiar with my employer's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. Postal Service on that same day with postage thereon fully prepaid at Santa Ana, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. [ ]The document was transmitted by EMAIL transmission and was reported as complete and without error. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed January 27, 2009 at Santa Ana, California. THA RAM •