HomeMy WebLinkAbout2004-32RESOLUTION NO. 2004-32
KO - 8/24/04
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA MODIFYING CONDITIONAL
USE PERMIT NO. 1978-26 AS CONDITIONED TO
ALLOW CONSTRUCTION OF A NEW BUILDING ON
AN EXISTING RESIDENTIAL COMPLEX LOCATED AT
2301 EAST SANTA CLARA AVENUE
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. The request to modify Conditional Use Permit No. 1978-26 has been filed
with the City of Santa Ana to allow the construction of a new building to be
used as a leasing office for an existing 140-unit residential condominium
complex located at 2301 East Santa Clara Avenue.
B. Conditional Use Permit No. 1978-26 was approved to allow the conversion
of these apartments to condominiums by the City Council of the City of
• Santa Ana following a duly noticed public hearing in 1979. A request to
modify said Conditional Use Permit came before the Planning
Commission for a duly noticed public hearing on August 23, 2004.
C. Santa Ana Municipal Code Section 41-649 provides that modifications of a
Conditional Use Permit be processed in the same manner as a new
Conditional Use Permit.
D. Santa Ana Municipal Code Section 41-638 authorizes the City Council to
grant a conditional use permit upon making certain findings.
1. That the granting of a Conditional Use Permit is necessary for the
preservation and enjoyment of one or more substantial property
rights.
The proposed multi-purpose building will not change the
existing use on the site, as the proposed building will provide
a subordinate and ancillary use to the existing condominium
complex. The proposed building as designed will enhance
the existing residential complex by providing an identifiable
visual entrance to the complex, allowing staff to provide
leasing/management office from a centralized location until
• the units are sold, and by allowing the re-instatement of an
approved residential rental unit.
Resolution No. 2004-32
Page 1 of 3
• 2. Will the proposed use under the circumstances of the particular
case be detrimental to the health, safety, or general welfare of
persons residing or working in the vicinity?
The proposed multi purpose building will provide a
subordinate and ancillary use to the existing condominium
complex on the site, and therefore will have no detrimental
effects to the health, safety or general welfare of the persons
residing or working in the vicinity. The proposed building as
designed will provide additional safety to the streets by
creating a dynamic intertace with the public street.
3. Will the proposed use adversely affect the present economic
stability or future economic development of properties surrounding
the area?
The proposed facility will enhance rather than adversely
affect the economic development or stability of the area by
providing additional amenities to the users on site. This in
turn will create more stability and desirability to the
residential complex.
4. Will the proposed use comply with the regulations and conditions
• specified in Chapter 41 of the Santa Ana Municipal Code for such
use?
The existing 140-unit condominium project is in compliance
with the approved conditions established by Conditional Use
Permit No. 78-26. The proposed building as designed will
create a 0.4 per cent decrease of open space, which will be
mitigated by enhancing the level of amenities provided on
the other open space areas in the complex. At the time of
construction, the residential complex met the requirements of
the R4 zoning district.
5. Will the proposed use adversely affect the General Plan or any
specific plan of the City?
The proposed building will not adversely affect the General
Plan or any specific plan of the City, as there will be no
increase in the number of approved dwelling units in the
residential complex.
E. In accordance with the California Environmental Quality Act, the
recommended action is exempt from further review. Categorical
Exemption Environmental Review No. 2004-55 will be filed for this project
Resolution No. 2004-32
Page 2 of 3
Section 2. The City Council of the City of Santa Ana hereby, approves the
• amendment to Conditional Use Permit No. 1978-26 as conditioned in Exhibit "A" attached
hereto and incorporated herein.
ADOPTED this 23rd day of August 2004 by the following vote:
AYES: Commissioners: De La Torre, Leo, Lutz, Mondo, Nalle,
Sinclair (6)
NOES: Commissioners: None (0)
ABSENT: Commissioners: Cribb (1)
ABSTENTIONS: Commissioners: None (0)
Glen ~ Mondo
Chair an
APPROVED AS TO FORM:
• Joseph W. Fletcher
City Attorney
By:
Kylee O tto
Deputy ity Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARTHA RAMIREZ, the Planning Commission Secretary, do hereby attest to and
certify the attached Resolution No. 2004-32 to be the original resolution adopted by the
Planning Commission of the City of Santa Ana on August 23, 2004.
Date: ~' %7~ ~
Planning Commission Secrets
City of Santa Ana
Resolution No. 2004-32
Page 3 of 3
• Conditions for Approval for Conditional Use Permit No. 1978-26
Amendment to Conditional Use Permit No. 1978-26 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 conditional use permit.
The applicant must remain in compliance with all conditions listed below throughout the
life of the conditional use permit. Failure to comply with each and every condition may
result in the revocation of the conditional use permit.
The following conditions established for Conditional Use Permit No. 1978-26 on March 5,
1979 shall remain in effect.
A. Planning Division
1. All perimeter walls shall be repaired where necessary and repainted a
uniform color.
2. Replace fascia boards where necessary on carports throughout the project.
• 3. Comply with all conditions of Tract 10521.
4. The perimeter block wall on the north property line shall be a minimum of
six (6) feet from highest finished grade of the subject parcel.
5. Construct a six (6) foot high masonry wall along that portion of the southerly
property line which presently has a chain link fence.
6. Replace or reconstruct all redwood stake patio fences.
7. Repaint wood fascia and flashing of all buildings.
8. In addition to guest, linen, food pantry and clothes closets customarily
provided, each unit within the project shall have at least 80 cubic feet of
enclosed, weather-proofed and lockable private storage space. Such
space may be provided in any location approved by the Planning
Department, but shall not be divided into two or more locations.
9. Every dwelling unit within the condominium project shall be provided with
approved detectors of products of combustion other that heat in accordance
with Section 1310(a) or Section 1413 of the Uniform Building Code, 1973
• Edition.
EXHIBIT "A"
Page 1 of 5
• 10. Outside uncovered and unenclosed area for storage of boats, trailers,
recreational vehicles, and other similar vehicles, shall be prohibited unless
specifically designated areas for the exclusive storage of such vehicles are
designed into the final development plan and provided for in the Covenants,
Conditions and Restrictions (CC&Rs). Any areas so designated shall be
enclosed and screened from adjacent areas by a combination of a six-foot
high masonry wall and landscaping permanently maintained.
11. The consumption of gas, water and electricity within each dwelling unit shall
be separately metered so that the unit owner can be separately billed for
each utility. This requirement may be waived when an investigation of the
existing system by the applicant provides suitable evidence that separate
metering cannot be attained without major relocation of branch lines. The
waiver may be granted by the Director of Planning with technical assistance
being provided by the Director of Building Safety. In such instances, a
separate shut-off device and in-line flow meter shall be provided in order
that each unit's utilities may be disconnected or monitored by the
Association.
12. The developer, upon request by a tenant not exercising the right of
purchase of a unit or exclusive occupancy, shall reimburse tenant for the
cost of moving/relocation expenses; reimbursement shall be based on
• itemized moving/relocation expenses; submitted to the developer, or
$500.00 whichever is less unless located within the project itself, in which
case maximum shall be $150.00 for moving expenses only.
13. The applicant for the conversion of an existing apartment development to
condominiums shall provide an impound account to be used for the
replacement, repair or maintenance of major capital items including, but not
limited to, painting, roofing, structural improvements, water heaters, floors
and lighting. The applicant shall provide this impound account on the basis
of $150.00 per unit for all units built one year prior to the effective date of
the application.
14. The applicant/developer shall provide preferential purchase arrangements
to include minimally a five (5%) percent sales price reduction offer upon
completion of physical improvements (interior and exterior). Said
requirement does not preclude applicant/developer to provide additional
tenant purchase incentives in excess of above stated minimum.
15. The applicant is to comply with the submitted tenant relocation plan, as well
as incentives to tenant for purchase of their unit.
16. Covenants, Conditions and Restrictions (CC&Rs) shall be recorded prior to
• the sale of any units and shall provide for the following: 1) creation of a
EXHIBIT "A"
Page 2 of 5
22. All proposed site improvements must conform to the Site Plan Review
• approval of DP No. 2004-01. (Added to the previously approved
conditions).
23. Any additional amendment to Conditional Use Permit No. 78-26 must be
submitted to the Planning Division for review. At that time, staff will
determine if administrative relief is available or the conditional use permit
must be amended. (Added to the previously approved conditions).
24. The open space and Recreational facilities for the complex shall include the
following:
a. Open space:
spase:Approximately 45 percent of property shall be maintained as
Omen space.
b. Recreational facilities:
ffee~Recreational facilities shall be maintained in perpetuity and
shall include the following:
One 932 square foot recreation building, which shall not be
converted to alternative uses other than a different
recreational use.
• ii. One swimming pool, approximately 22 feet by 45 feet.
iii. One 600 square foot community building, which may be
used as a leasing office until such time as the sales program
for the condominium program concludes.
iv. Playground equipment to accommodate users from 2 to 12
years of age.
v. Four barbegue grills and four picnic tables.
vi. One park bench. (Added to the previously approved
conditions)
B. Public Works Department
Improvements Plans: Santa Clara Avenue and Pasadena Street for street
lighting. NOTE: City Plan 1-46-8 may be revised.
2. Improvements:
EXHIBIT "A"
Page 4 of 5
• Santa Clara Avenue: Ornamental street lighting with underground power
distribution.
Pasadena Street: Ornamental street light with underground power
distribution.
C. Fire Department
1. Applicant shall submit plans to the Fire Marshal's office so that Fire
Department access, on-site fire hydrants, interior and exterior fire protection
needs may be determined.
D. Police Department
1. The Santa Ana Police Department has no requirements on this application;
however, the owner may contact the Crime Prevention Unit at 834-4956 for
a home security inspection.
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EXHIBIT "A"
Page 5 of 5