Loading...
HomeMy WebLinkAbout2008-10• RESOLUTION NO. 2008-10 KO - 3/18/08 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING TENTATIVE TRACT MAP NO. 2008-01 AS CONDITIONED AND SPECIAL USE PERMIT NO. 2008-01 AS CONDITIONED FOR THE PROPERTY LOCATED AT 2020 AND 2024 NORTH BROADWAY (COUNTY MAP NO. 17259) 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. 2008-01 (County Map No. 17259) and Special Use Permit No. 2008-01 to create two office condominiums within two existing office buildings at 2020 and 2024 North Broadway. • B. Tentative Tract Map No. 2008-01 and Special Use Permit No. 2008-01 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on March 10, 2008. C. For Tentative Tract Map N. 2008-01, 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 Medium Density Residential designation on the General Plan and are otherwise consistent with all other elements of the General Plan. Tentative Tract Map No. 2008-01 (County Map No. 17259) is consistent with the land use designation and density prescribed in the General Plan and will have no adverse affect on the surrounding land uses in the area. 2. The proposed project, as conditioned, conforms to all applicable requirements of the zoning and subdivision codes as well as other applicable City ordinances. Tentative Tract Map No. 2008-01 (County Map No. 17259) is in keeping with the provisions of the site plan review (DP No. 07-80) and Chapters 34 and 41 of the Santa Ana Municipal Resolution No. 2008-10 Page 1 of 10 Code, all of which pertain to the subdivision of land and • development standards for the site. 3. The project site is physically suitable for the type and density of the proposed project. Tentative Tract Map No. 2008-01 (County Map No. 17259) is proposed fora 0.612-acre parcel of land within an area that is zoned Professional Office (P). The site has been determined to be capable of supporting the type and density of the proposed project. 4. 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. No fish or wildlife will be affected by the approval of this map or by the design and improvements of the project. Environmental Review No. 2007-214 has been prepared for this project and has not identified any adverse environmental impact associated with this project. 5. The design or improvements of the proposed project will not cause serious public health problems. The design and improvements associated with this project t will comply with minimum City standards. Separate utility meters will be provided for the project and will not have any impact on public health. 6. 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. Approval of Tentative Tract Map No. 2008-01 (County Map No. 17259) will not create conflicts with any easements necessary for public access through the subject property, as no such easements currently exist. D. Pursuant to Section 41-1807, to grant a Special Use Permit, the Planning Commission must make the following findings: 1. The proposed common interest development will not adversely impact the economic viability of large scale commercial and industrial uses in the vicinity of the development or in the city as a whole. The proposed office condominium project will not negatively affect the surrounding commercial properties. The site is located on an arterial street and within an office corridor of the City. The existing building and site will remain as existing and only minor improvements are proposed with this project. Policy 2.8 of the Land Use Element encourages the Resolution No. 2008-10 Page 2 of 10 • rehabilitation of commercial properties and capital investment within the City. The cosmetic changes to the site will attract additional office businesses to the site and will promote the Broadway Corridor as a professional office district. 2. The proposed common interest development includes sufficient provisions for governance, funding, and capitalization and enforcement mechanisms to insure that the common area continues to be adequately and safely maintained and repaired for the life of the common interest development. The creation of air-space condominiums will not negatively affect the property maintenance of the project site. As existing, the site is well maintained and the creation of CC&Rs will facilitate the future maintenance between the different building owners. Policy 2.7 of the Land Use Element emphasizes supporting developments that create a business environment that is safe and attractive. In addition, the condition of approval will require the continued removal of any graffiti that may occur on this site. 3. The proposed common interest development includes sufficient provisions for the retention of such common areas for the use of all • owners of separate interests therein. The proposed office condominium conversion project will maintain the existing parking and common areas open to all condominium owners. Additionally, the Covenants, Conditions, and Restrictions (CC&Rs) will ensure that all parties are granted access to the site. These CC&Rs will be recorded prior to the recording of the final tract map. Policy 5.1 of the Land Use Element encourages development projects that have a net community benefit. The proposed condominium conversion will give an opportunity for business owners to own their own building and to remain within the City. 4. The proposed common interest development complies with the goals, policies, and objectives of the City's general plan. The granting of the variance will not adversely affect the City's General Plan in any way as the land use designation of General Commercial (GC) allows for office developments. The proposed building will be consistent with the goals and policies of the City's General Plan. Policy 5.5 of the Land Use Element encourages development that is compatible and supportive of surrounding land uses. The project site is • located with an office corridor of the City and will maintain the character of the surrounding office developments. Resolution No. 2008-10 Page 3 of 10 E. In accordance with the California Environmental Quality Act, the • recommended action is exempt from further review per Section 15332. This Class 32 exemption allows for in-fill projects in urban areas on project sites of no more than five acres. Categorical Exemption Environmental Review No. 2007-214 will be filed for this project. Section 2. The Planning Commission after conducting the public hearing hereby approves Tentative Tract Map No. 2008-01 (County Map No. 17259) as conditioned in Exhibit "A" attached hereto and incorporated herein. The Planning Commission after conducting the public hearing hereby approves Special Use Permit No. 2008-01 as conditioned in Exhibit "A" attached hereto and incorporated herein. These decisions are based upon the evidence submitted at the above said hearing, which includes but is not limited to: the Request for Planning Commission Action dated March 10, 2008 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 10th day of March, 2008 by the following vote: AYES: Commissioners: Alderete, De La Torre, Mill, Munoz (4) NOES: Commissioners: None (0) ABSENT: Commissioners: Leo (1) • ABSTENTIONS: Commissioners: Betancourt, Gartner (2) T/ rvey De La Torre Vice Chairman APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee O. tto Assistan ity Attorney Resolution No. 2008-10 Page 4 of 10 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2008-10 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on March 10, 2008. Date: aS ~O Planning Commission Secret City of Santa Ana Resolution No. 2008-10 Page 5 of 10 CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 2008-01 (COUNTY MAP NO. 17259) Tentative Tract Map No. 2008-01 (County Map No. 17259) 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. The Covenants, Conditions and Restrictions (CC&Rs) for this project must be reviewed and approved prior to approval of the final tract map. 2. Prior to submittal of the final map, submit a management plan per Section • 34-184 of the Municipal Code. 3. Prior to submittal of the final map, submit a conversion plan per Section 41-1804 of the Municipal Code. 4. The CC&Rs must include language that requires all required landscaping must be installed within a specified time period. 5. 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. 6. The final map must be approved and recorded prior to issuance of building permits. 7. Development within the area of the map is subject to development and permit fees in effect at the time of permit issuance. 8. Development within the area of the map is subject to design and development standards in effect at the time of permit issuance. 9. The project must be in compliance with the provisions of Site Plan Review Resolution No. 2008-10 Page 6 of 10 • 10. 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. 11. 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. 12. Landscaping shall be installed and maintained in accordance with the approved landscaping plan by the owners and manager of the development. 13. Developer shall provide as part of the conditions, covenants, and restrictions that the owner of the lots shall immediately remove any graffiti placed thereon. The graffiti shall be removed within 24 hours. • Resolution No. 2008-10 Page 7 of 10 • CONDITIONS OF APPROVAL FOR SPECIAL USE PERMIT NO.2008-01 Special Use Permit No. 2008-01 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 Gode, the California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below rid or to exercising the rights conferred by this special use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the special use permit. Failure to comply with each and every condition may result in the revocation of the special use permit. A. Planning Division 1. The project shall remain in compliance with Site Plan Review DP No. 07- 80. 2. Prior to submittal of the final map, submit a management plan per Section • 34-184 of the Municipal Code. 3. Prior to submittal of the final map, submit a conversion plan per Section 41-1804 of the Municipal Code. 4. Prior to submittal of the special use permit to the City Council for approval, submit an improvement plan per Section 41-1804 (b) of the Municipal Code. The plan shall include the following items: a. A statement of the current and proposed management program; b. A statement of proposed assessments and fees to be charged to the owners; c. Notice of submission of application for public report, which includes the improvement plan and capital reserves; d. A preliminary inspection report by the City's Building Official that identifies whether the building is in compliance with Chapter 8 of the SAMC; r: Resolution No. 2008-10 Page 8 of 10 • e. Compliance of the water delivery system capable of meeting the city fire flow requirements; f. Compliance with the Building Security Ordinance; g. Compliance with the National Pollution Discharge Elimination System (NPDES) and the Americans with Disabilities Act (ADA); and h. A current structural pest control inspection report. 5. The existing nonconforming monument sign shall be brought into compliance with the City Sign Ordinance. 6. The existing parking lots shall be repaired, repaved and restriped to comply with current code. 7. A landscape plan shalt be submitted to the Planning Manager for approval. The plan shall include the removal of existing landscaping (as identified by the Landscape Development Associate) and specifics on new • plant materials, irrigation and maintenance. 8. Landscaping shall be installed and maintained in accordance with the approved landscaping plan by the owners and manager of the development. 9. Any amendment to this special use permit must be submitted to the Planning Division for review. At this time, staff will determine if administrative relief is available or the variance must be amended. 10. Developer shall provide as part of the conditions, covenants, and restrictions that the owner of the lots shall immediately remove any graffiti placed thereon. The graffiti shall be removed within 24 hours. 11. Each condominium shall have a separate electrical meter, along with a separate meter for the landscaping and site lighting. Resolution No. 2008-10 Page 9 of 10 PROOF OF SERVICE (C.C.P. SECTION 1013(a), 2015.5) STATE OF CALIFORNIA, COUNTY OF ORANGE 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 2nd Santa Ana, California 92702. I served the foreggoing document described as: Resolution No. 2008-10 ~ntative Tract Map No. 2008-01 and Special Use ermit o. in t is action p a ing a true copy t ereo enc ose in sea a enve opes a resse as follows: Milad Queijan Western States Engineering, Inc. 4887 East La Palma Avenue, Suite 707 Anaheim, CA 92807 Rashan Bhata Core Capital Investments 1800 Century Park East #600 Los Angeles, CA 90067 Chessen and Associates 3420-3A Calle Azul Laguna Woods, CA 92653 [ ] 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 facsimile 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 on [date] at Santa Ana, California. MARTHA RAMIREZ PROOF OF SERVICE (C.C.P. SECTION 1013(a), 2015.5) STATE OF CALIFORNIA, COUNTY OF ORANGE 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 2"d Santa Ana, California 92702. I served the foreggoing document described as: Resolution No. 2008-10 ~ntative Tract Map No. 2008-01 and Special Use ermit o. in t is action p acing a true copy t ereo~ enc of setTin sea a enve opes a resse as follows: Milad Queijan Western States Engineering, Inc. 4887 East La Palma Avenue, Suite 707 Anaheim, CA 92807 Rashan Bhata Core Capital Investments 1800 Century Park East #600 Los Angeles, CA 90067 Chessen and Associates 3420-3A Calle Azul Laguna Woods, CA 92653 [ ] 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 facsimile 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 on March 25, 2008 at Santa Ana, California. MAR A RAMIREZ