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HomeMy WebLinkAbout2003-07• bk:02/08/03 RESOLUTION NO. 2003-07 A RESOLUTION OF THE CITY OF SANTA ANA PLANNING COMMISSION APPROVING TENTATIVE PARCEL MAP NO. 2003-03 AND VARIANCE NO. 2003-01 FOR THE 5.13 ACRES OF PROPERTY LOCATED ON THE EAST SIDE OF TUSTIN AVENUE BETWEEN SEVENTEENTH STREET AND FOURTH STREET (MULLER COMPANY) • 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. Tentative Parcel Map No. 2003-03 seeking to subdivide into four lots and to grant associated Variance No. 2003-01 fora 5.13 acre parcel on the East Side of Tustin Avenue Between Seventeenth Street And Fourth Street came before the Planning Commission of the City of Santa Ana for a public hearing on March 10, 2003. B. The City Council of the City of Santa Ana determines that the following findings have been established: The proposed project, as conditioned, and its design and improvements are consistent with the Industrial 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 is consistent with the Professional land use designation and all other elements of the General Plan. This project is not located within any specific plan area of the city. The proposed project, as conditioned, conforms to all applicable requirements of the zoning and subdivision codes, as well as other applicable City ordinances. u The proposed project, as conditioned, conforms to the provisions of the zoning code with respect to lot size and frontage. Landscaping and setbacks variances are required for the project. Covenants, Conditions and Restrictions Resolution No. 2003-07 Page 1 of 4 • (CC&R s) 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. The proposed site is physically suitable to the professional and commercial development as proposed since it currently has street frontage on Tustin Avenue. Access to the site will occur on Tustin Avenue for automobiles. A total of 1,075 parking spaces will be provided on-site with adequate back- up space. The proposed Floor Area Ratio (FAR) is 1.43, which is below the 1.5 permitted under the Development Agreement. iv. The design and improvements of the proposed project will not cause substantial environmental damage or substantially and avoidable injure fish or wildlife or their habitat. An Environmental Impact Report and Addendum were 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 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 is not anticipated to have any detrimental effects upon the general public. Each property included sewer, water and necessary infrastructure improvements as conditioned in Development Project Review No. 02-33.. vi. The design of 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 • public access will be provided from Tustin Avenue. Tustin Resolution No. 2003-07 Page 2 of 4 Avenue is an arterial street that was constructed according to City specification. C. The City Council of the City of Santa Ana determines that the following findings have been established: i. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, that 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. The Tustin Center/LA Fitness site is a contained site surrounded by existing commercial developments. The setback and landscaping reduction are necessary due to the current driveway location and the design restrictions of a health club. The setback and landscaping variance will allow the applicant the ability to use the property in a manner that is consistent with similar surrounding commercial and professional uses. 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 will preserve the property owner's ability to develop the property with awell-designed office and health club facility that is consistent with the Professional and Administrative Office (PAO) zoning district.. iii. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of the variance will not be materially detrimental to the public welfare or injurious to surrounding property because the proposed health club and office building will not generate additional operational impacts on Tustin Avenue. An EIR was prepared when this project was originally entitled, mitigation measures have been incorporated into the project approval. 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 • General Plan of the City since the proposed health club and Resolution No. 2003-07 Page 3 of 4 • • office facility was designed in conformance with City Zoning, Development, and General Plan requirements. Section 2. The Planning Commission of the City of Santa Ana hereby, approves Tentative Parcel map No. 2003-03 as conditioned in Exhibit "A" attached hereto and incorporated herein. The Planning Commission of the City of Santa Ana hereby, approves Variance No. 2003-01 as conditioned in Exhibit "B" attached hereto and incorporated herein. ADOPTED this 10th day of March , 2003 by the following vote: AYES: Commissioners: Cribb, De La Torre, Leo, Lutz, Mondo, Nalle, Sinclair (7) NOES: Commissioners: None (0) ABSENT: Commissioners: ABSTENTIONS: Commissioners: None (0) None (0) /'11CJCQI IUCI IVd11C =- Chair APPROVED AS TO FORM: Joseph W. Fletcher City Attomey B ~~ y: f' nja i Kaufman ;' ief As istant City Attorney ~'. CERTIFICATE OF ATTESTATION AND ORIGINALITY • I, LAURA JOHNSON, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2003-07 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on March 10, 2003. Date: ~ d ~ning mission Secretary of nta Ana Resolution No. 2003-07 Page 4 of 4 • Conditions for Approval for Tentative Parcel Map No. 2003-03 Tentative Parcel Map No. 2003-03 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 approval. The applicant must remain in compliance with all conditions listed below throughout the life of the tentative parcel map. Failure to comply with each and every condition may result in the revocation of the tentative parcel map. A. Planning Division Conditions, covenants and restrictions (CC&Rs) are required prior to final map approval addressing operational standards, common area maintenance, drainage, architecture, parking, circulation, etc. The CC&Rs shall be approved by the City and recorded with the final map. 2. Two copies of the recorded final parcel 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 parcel map, final map and all improvements required to be made or installed by the subdivider shall be in accordance with the requirements and design standards and specifications of the City of Santa Ana and the requirements of the State Subdivision Map Act. 4. Enclosure walls or fences are not permitted at each parcel that may disrupt the flow of on-site circulation or drainage. 5. 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. Exhibit "A" Page 1 of 1 • Conditions for Approval for Variance No. 2003-01 Variance No. 2003-01 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 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 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. The project shall remain in compliance with Site Plan Review DP No. 02- 33. 2. After project occupancy, landscaping is to be maintained to include the minimum level of plant materials installed at the time of occupancy. • 3. The required 24-inch boxed trees shall be upgraded to 36-inch boxed trees. 4. Public payphones, if provided, may only be located within buildings or the interior of the site. 5. Any amendment to this variance must be submitted to the Planning Division for review. At this time, staff will determine if administrative relief is available or the conditional use permit must be amended. MITIGATION MEASURES 6. In accordance with Final EIR 88-02, mitigation measures are required. In lieu of implementing the mitigation measures, the Public Works Agency would require a $200,000 prorated fair share amount. 7. Prior to site plan approval, submit an updated Transportation Demand Management Program. 8. The applicant shall pay Foothill/Eastern Corridor Fees at a cost of $3.23 per square foot for non-residential properties. • 9. The applicant shall pay transportation System Improvement fee (Area C) based on $5.53 per square foot of building area. Exhibit "B" Page 1 of 5 • 10. A watering plan shall be initiated for each grading phase such that a crust can be formed on the ground surface to reduce the amount of generated fugitive dust. 11. Construction roads shall be paved where appropriate. 12. All grading activities shall be ceased during periods of high wind. 13. Construction equipment shall be fitted with the most modern emission control devices and kept in proper tune. 14. A Transportation Systems Management Plan for the proposed project shall be submitted to the City by the applicant for approval. Such a plan shall focus on reducing the amount of peak-hour traffic trips. 15. Bicycle racks shall be installed by the applicant on-site for use by employees and patrons. 16. The applicant shall insulate hot water lines in water recirculating systems. 17. The applicant shall install low water use faucets in all structures. • 18. The applicant shall install low-flush toilets in all structures. 19. The applicant shall ensure that all drinking fountains on-site are fitted with self-closing valves. 20. The applicant shall incorporate drip-irrigation systems on-site for landscape watering where appropriate and low water-consuming vegetation shall be used on-site where possible. In addition, all sprinklering devices shall be fitted with timers to reduce water waste. The landscape irrigation system shall be transferred to a reclaimed water system when it becomes available. 21. The applicant shall ensure that the water system has adequate pressure for fire protection purposes. 22. Non-watering using methods of cleaning and maintenance shall be used on the site. 23. The applicant shall work with the Orange County Sanitation District to identify possible on-site methods of reducing the load strength of project- generated wastewater. • Exhibit "B" Page 2 of 5 • 24. The applicant shall contribute to the City of Santa Ana Sewer Connection Fee at the cost of $63.32 per unit. 25. The applicant shall contribute to the Orange County Sanitation District Connection Fee at the cost of $675.00 per 1,000 square feet of building area. 26. Prior to issuance of a building permit, submit the final run-off evaluation for review and approval showing existing and proposed facilities and methods of draining the site without exceeding the capacity of any street or adjacent storm drain facility. 27. Prior to issuance of a building permit, if required, construct an on-site/off- site storm drain system. 28. Prior to the issuance of a grading permit, complete the following: a. Prepare an NPDES post-construction storm water management plan in accordance with the Orange County Drainage Area Management Plan (DAMP) that includes all Structural and Non- structural "Best Management Practices" for the project. • b. Submit and have approved a surface drainage/utility plan that includes all Structural "Best Management Practices". c. Provide two copies of the "Water Quality Management Plan" that includes a description of all applicable Structural and Non- structural "Best Management Practices" which may apply to this project. • 29. During the grading and construction period, the applicant shall place sandbags around the site perimeter to prevent sediment-filled runoff from being deposited in City storm drains. 30. Should any project-generated sediment be deposited in City storm drains, the applicant shall fund any required clean-up to the mutual satisfaction of the City and the applicant. 31. Exposed soils shall be covered with soil binding material by the applicant, as soon as possible, to prevent soil erosion during storms. 32. Parking area maintenance and sweeping shall be conducted regularly to reduce the amount of pollutants entering the City drainage system. 33. The applicant shall pay drainage Assessment Fees (Areas V) based on $5,028.50 per acre. Exhibit "B" Page 3 of 5 • 34. Prior to issuance of a building permit, submit for review and approval a surface drainage/grading/erosion control plan, prepared by a registered Civil Engineer, showing the direction and means of flow to the adjacent street. The plan is to include existing and proposed elevations at and adjacent to all property lines. Drainage routed to the street must be directed beneath the sidewalk and through the curb. 35. Prior to site plan approval submit a preliminary evaluation of surface drainage showing the direction and means of flow to the adjacent and/or on/off-site storm drain facility. Include the estimated vo{umetric flow (Q) in each direction. 36. Trash separation and recycling programs shall be encouraged on-site to decrease the amount of solid waste that would be generated by the proposed project. 37. The project shall comply with all requirements identified by the Santa Ana Fire Department. 38. The applicant shall employ an onsite Deputy Fire Inspector for all required fire inspections during construction. • 39. Emergency access shall be provided to all portions of the site during project construction. 40. Fire hydrants shall be in operational order during project construction. 41. The applicant shall provide funding to the Fire Department for provision of a site inspector. Specifically, the applicant shall reimburse the City for eight man-days when the project is granted a certificate of occupancy and annually thereafter. 42. The applicant shall be required to show to the satisfaction of the Fire Department that the project would not require a fire flow, which exceeds available supplies. 43. All on-site structures, including the parking structure, shall be fitted with automatic sprinklering systems. In addition, the office towers shall be fitted with elevator recall systems, smoke evacuation systems, fire detection systems, pressurized stairwells, zoned alarm systems, phones in stairwells and elevators and roof water reservoirs with 4,500 gallon. 44. The applicant shall provide the Fire Department with 150-foot clear access to all site structures. • Exhibit "B" Page 4 of 5 • 45. The project shall comply with all requirements identified by the Santa Ana Police Department. 46. The applicant shall provide an on-site security system for the office towers and the parking structure that includes alarms and other communication devices. • Exhibit "B" Page 5 of 5