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HomeMy WebLinkAbout2005-71RESOLUTION NO. 2005-71 KO - 10/20/05 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING TENTATIVE PARCEL MAP NO. 2005-10 AS CONDITIONED AND VARIANCE NO. 2005-14 FOR A REDUCTION IN STREET FRONTAGE FOR THE PROPERTY LOCATED AT 2000 EAST FIRST STREET (COUNTY MAP NO. 2004-317) BE IT RESOLVED BY THE PLANNING COMMISSION 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 has requested approval of Tentative Parcel Map No. 2005-10 seeking to subdivide the existing 7.9-acre parcel of land into two lots, and Variance No. 2005-14 for a reduction in street frontage for the property located at 2000 East First Street. (County Map No. 2004-317) B. The Planning Commission of the City of Santa Ana held a duly noticed • public hearing on October 10, 2005. C. The Planning Commission of the City of Santa Ana determines that for Tentative Parcel Map No. 2005-10, which seeks to subdivide the existing 7.9-acre parcel of land into two lots, 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. Tentative Parcel Map No. 2005-10 will have no adverse affect on the land uses as prescribed by the General Plan. The project will only create new property lines and will not otherwise alter the project as approved. 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 Parcel Map No. 2005-10 is in keeping with the provisions of Site Plan Review and Chapters 34 and 41 of the Santa Ana Municipal Code, with the exception of the street frontage requirement for the school site. These provisions pertain to the subdivision of land and Resolution No. 2005-71 Page 1 of 5 development standards for the site. Additionally, the project will be in compliance with all applicable building codes related to the project. 3. The project site is physically suitable for the type and density of the proposed project. Tentative Parcel Map No. 2005-10 will not create a condition that makes the subdivision physically unsuitable for the site. This proposed project is for subdivision purposes only and does not involve any new construction. 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. The parcel map will not cause any environmental damage nor injure fish or wildlife as no fish or wildlife was identified as residing on the project site during the environmental review of this project. 5. The design or improvements of the proposed project will not cause serious public health problems. No alterations are proposed to the development project that will lead to serious damage or create public health problems. The project was analyzed through the environmental review process to ensure that no environmental or health problems will be created. As a result, approval of the tentative parcel map will not affect the health or safety of persons residing in the vicinity. 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 the tentative parcel map will not create any conflicts with existing easements found on the site. As a condition of approval of the parcel map, conditions, covenants and restrictions (CC&Rs) will need to be recorded for this project. These CC&Rs will ensure that access, egress, and other necessary easements are maintained over the two parcels. D. The applicant is requesting the creation of one parcel with 48.5 feet of street frontage, and 340 feet of street frontage for the second parcel. 1. Santa Ana Municipal Code Section 41-384 requires a minimum of 120 feet of street frontage for any parcel located within the C-2 zoning district. 2. The Planning Commission of the City of Santa Ana determines that -- ~ for Variance No. 2005-14, to allow one parcel to have reduced Resolution No. 2005-71 Page 2 of 5 street frontage (48.5 feet of street frontage), the following findings have been established: i. That because of special circumstances applicable to the subject property, including size, shape, topography, location, or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. Special circumstances exist that necessitate a variance for a reduction in street frontage. The driveway is intended to be a secondary access point to the school facilities, which will be located at the rear of the property. As the driveway will be designed to comply with City codes, the granting of a variance is warranted. ii. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of the variance for a reduction in street frontage will allow the enjoyment of property rights. Since the school will take secondary access from First • Street, and at least one access points is proposed for the office building, a reduction in the required street frontage is warranted. iii. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The street frontage variance will not be detrimental to the surrounding area as access to both sites will be provided. Additionally, surplus parking will be provided for the school, thereby reducing impacts to surrounding properties. iv. That the granting of a variance will not adversely affect the General Plan of the City. The granting of the variance will not adversely affect the City's General Plan in any way as the land use designation of Professional and Administrative Office (P) encourages development that is well planned. E. This project was reviewed in accordance with the Guidelines for the California Environmental Quality Act. The recommendation is exempt from further review pursuant to Section 15315. This Class 15 exemption allows i the subdivision of four or fewer lots that comply with the General Plan. Resolution No. 2005-71 Page 3 of 5 Categorical Exemption Environmental Review No. 2005-03 will be filed for this project. Section 2. The Planning Commission after conducting the public hearing hereby approves: 1. Tentative Parcel Map No. 2005-10 (County Map No. 2004-317) as conditioned in Exhibit "A" attached hereto and incorporated herein, and 2. Variance No. 2005-14 for a reduction in street frontage for the property located at 2000 East First Street as conditioned in Exhibit "B" attached hereto and incorporated herein. These decisions are based upon the evidence submitted at the abovesaid hearing, which includes but is not limited to: the Request for Planning Commission Action dated October 10, 2005 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 10th day of October, 2005 by the following vote: AYES: Commissioners: Betancourt, Cribb, De La Torre, Gartner, Rodriguez (5) NOES: Commissioners: Leo (1) ABSENT: Commissioners: Lutz (1) • ABSTENTIONS: Commissioners: None (0) Christoph r Leo Vice Chairman APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: ~ D~ Kylee O. O Assistant City Attorney Resolution No. 2005-71 Page 4 of 5 CERTIFICATE OF ATTESTATION AND ORIGINALITY i I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2005-71 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on October 10, 2005. Date: ~ ~~ ^~ • Planni g Commission Secreta City of Santa Ana Resolution No. 2005-71 Page 5 of 5 Conditions for Approval for Tentative Parcel Map No. 2005-10 . (County Map No. 2004-317) Tentative Parcel Map No. 2005-10 (County Map No. 2004-317) 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 Uniform Fire Code, the Uniform 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 subdivision. The applicant must remain in compliance with all conditions listed below throughout the life of the parcel map. A. Planning Division 1. The Final Map is required to be recorded within two years of the date of approval of the tentative parcel map by the City Council. 2. Two copies of the recorded Final Map and CC&Rs need to be submitted each to the Planning Division and Public Works Agency within 10 days of recordation. • 3. All development within the area of the map is subject to development and permit fees in effect at the time of permit issuance. 4. All development within the area of the map is subject to all design and development standards in effect at the time of permit issuance. 5. The tentative map, final map, and all improvements required to be made or installed by the subdivider will 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. Conditions, Covenants and Restrictions (CC&Rs) will need to be recorded in conjunction with the recordation of the Final Map. The CC&Rs will need to include provisions for shared parking, access and egress, landscaping and site maintenance. 7. All proposed site improvements must conform to the Site Plan Review approval of DP No. 05-7. EXHIBIT "A" Conditions for Approval for Variance No. 2005-14 Variance No. 2005-14 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code, and all other applicable regulations. In addition, it shall meet the following conditions of approval: The applicant must comply with each and every condition listed below rip or to exercising the rights conferred by this variance. The applicant must remain in compliance with all conditions listed below throughout the life of the variance. Failure to comply with each and every condition may result in the revocation of the variance. A. Planning Division 1. All proposed site improvements must conform to the Site Plan Review approval of DP No. 05-7. B. Police Department 1. The applicant shall install aPolice/Fire knox box on the entry gate to the facility. • • EXHIBIT "B"