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HomeMy WebLinkAboutRESO 2015-24_1540WarnerLS 7.7.15 RESOLUTION NO. 2015 -24 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING TENTATIVE PARCEL MAP NO. 2015 -01 AND SPECIAL USE PERMIT NO. 2015 -01, AS CONDITIONED, TO SUBDIVIDE AN EXISTING COMMERCIAL COMPLEX INTO EIGHT AIR -RIGHT UNIT CONDOMINIUM UNITS AT 1540 WARNER 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 Applicant is requesting approval of a tentative parcel map to subdivide four commercial buildings into eight (8) air -right condominium units at 1540 Warner Avenue. B. Applications for subdivisions of air -right commercial condominiums require approval of a parcel map by the Zoning Administrator pursuant to Section 34 -126 of the Santa Ana Municipal Code (SAMC) and application for a special use permit requires approval by the Planning Commission and City Council in concurrence with the tentative map application. C. On June 10, 2015, the Zoning Administrator deferred the proposed tentative parcel map to the Planning Commission to be considered together with the special use permit. D. Tentative Parcel Map No. 2015 -01 (County Map No. 2014 -179) and Special Use Permit No. 2015 -01 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on July 13, 2015. E. Subdivision requests are governed by Chapter 34 and Chapter 41 of the SAMC. Pursuant to Sections 66473.5 and 66474 of the California Subdivision Map Act, applications for tentative parcel maps are approved when certain findings can be established. F. For Tentative Parcel Map No. 2015 -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 Professional and Administrative Office (PAO) designation of the General Plan and are otherwise consistent with all other Elements of the General Plan and applicable Specific Plans. Resolution No. 2015 -24 Page 1 of 7 Tentative Parcel Map No. 2015 -01, as conditioned, and its design an(, improvements will be consistent with the Professional any Administrative Office (PAO) land use designation of the General Plan and are otherwise consistent with all other Elements of the General Plan and applicable Specific Plans. The proposed subdivision promotes Land Use Element Policy 5.4, which supports land uses that are consistent with the Land Use Element. The project is located within the Specific Development No. 8 (SD -8) zoning district and is consistent with the Professional and Administrative Office (PAO) land use designation and all other elements of the General Plan. 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. 2015 -01, as conditioned, will conform to all applicable requirements of the zoning and subdivision codes as well as other applicable City ordinances. The proposed project, as conditioned, conforms to the provisions of Chapter 34 and 41 of the Santa Ana Municipal Code including parking, setbacks and height. In addition, Covenants, Conditions and Restrictions (CC &R's) will address issues such as drainage, reciprocal access, landscaping and maintenance that will be recorded prior to approval of the final map. 3. The project site is physically suitable for the type and density of the proposed project. The project site is physically suitable for the type and density of the proposed project. The existing buildings on the project site were constructed in compliance with applicable city standards at the time of construction. There is no new construction proposed as part of this project. Any future development will comply with the provisions of the Santa Ana Municipal Code. 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 design and improvements of the proposed project will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. Since the project site is located in an urbanized area, 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. Resolution No. 2015 -24 Page 2 of 7 5. The design or improvements of the proposed project will not cause serious public health problems. The design or improvements of the proposed project will not cause serious public health problems. The proposed subdivision will not have any detrimental effects upon the general public. All necessary utilities and infrastructure improvements currently exist and comply with City standards. Therefore, approval of this subdivision will not cause any serious public health problems. 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. The design-s or improvements associated with approval of the tentative parcel map will not conflict with easements necessary for public access through or use of the property within the proposed project. The project shares common driveway access within Brookhollow Office Park, which is outlined in the CC &R's. The CC &R's will ensure all ingress and egress easement and access will be maintained for the project site. G. Special use permit requests are governed by SAMC Section 41 -1807. For Special Use Permit No. 2015 -01, the Planning Commission of the City of Santa Ana determines that the following findings have been established: 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 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 site is located at the southeast corner of Warner Avenue and Brookhollow Drive and within an established office park with a mixture of office, industrial and retail uses. There is no physical change proposed with this project. The condominium ownership will allow a new tenant to reoccupy a vacant commercial building, thereby reducing the vacancy rate of the area and identifying the area as a stable and viable location for economic investment. 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. Resolution No. 2015 -24 Page 3 of 7 The proposed common interest development includes sufficier' provisions for governance, funding and capitalization, and enforcemel 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 condominium will not negatively affect the property maintenance of the site. The site is currently being maintained under the Brookhollow master association and the CC &R's. Additionally, the creation of a sub - association for the proposed project will facilitate future maintenance between the different property owners. 3. The proposed common interest development includes sufficient provisions for the retention of such common areas for the use of all owners of separate interest therein. The proposed common interest development includes sufficient provisions for the retention of such common areas for the use of all owners of separate interest therein. The proposed commercial condominium project will maintain the existing parking and common areas open to all condominium owners. Additionally the CC &R's will ensure that all parties are granted proper access and parking on -site. 4. The proposed common interest development complies with the goals, policies and objectives of the city's general plan. The proposed common interest development complies with the goals, policies, and objectives of the city's general plan. Policy 2.8 of the Land Use Element promotes the rehabilitation of commercial properties and encourages increased level of capital investment. The commercial condominium will allow individual ownership and increase capital investment in the City. Policy 2.9 of the Land Use Element supports development that creates a business environment that is safe and attractive. A condition of approval will require the removal of any graffiti that may occur on the site. Policy 5.5 encourages development that is compatible and supportive of surrounding land uses. The Brookhollow Showroom Center is located in a corridor with a mixture of professional and industrial uses and the proposed project will help to maintain compatibility with the surrounding professional and industrial uses. Section 2. In accordance with the California Environmental Quality Act (CEQA), the recommended action is exempt from further review per Section 15301. This Class 1 exemption allows the subdivision of existing commercial or industrial buildings where no physical changes occur. Categorical Exemption Environmental Review No. 2015 -04 will be filed for this project. Resolution No. 2015 -24 Page 4 of 7 Section 3. The applicant agrees to indemnify, hold harmless, and defend the City of )ants Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the project, including, without limitation, any environmental review or approval, except to the extent caused by the negligence of the City of Santa Ana. Section 4. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Tentative Parcel Map No. 2015 -01 (County Map No. 2014 -179) and Special Use Permit No. 2015 -01, as conditioned in Exhibit A, attached hereto and incorporated herein, for the project located at 1540 Warner Avenue. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Request for Planning Commission Action dated July 13, 2015, and exhibits attached thereto; and, the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 13th day of July, 2015. AYES: Commissioners: Alderete, Bacerra, Bauer, Gartner, Mill, Nalle, Verino (7) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) Ab6 I LN I IUNS: Lommissioners: None I APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Byr �-- Lisa Storck Assistant City Attorney Chairperson CERTIFICATE OF ATTESTATION AND ORIGINALITY I, KAREN GERARDO, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2015 -24 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on July 13, 2015. Date. OVA Planning Commission Secretary City of Santa Ana Resolution No. 2015 -24 Page 5 of 7 EXHIBIT Conditions of Approval for Tentative Parcel Map No. 2015 -01 Tentative Parcel Map No. 2015 -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 California Building Standards 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 1. Two copies of the recorded final parcel map shall be submitted each to the Planning Division, Building Division and Public Works Agency within 10 days of recordation. 2. 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. 3. 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. 4. The property owner shall be responsible for maintaining the lots free from debris, overgrown vegetation, and graffiti. Graffiti must be removed within 24 hours. 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. The project must be in compliance with the provisions of Site Plan Review (DP No. 2015 -1). 9. 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 An Municipal Code and the requirements of the State Subdivision Map Act. Resolution No. 2015 -24 Page 6 of 7 Conditions of Approval for Special Use Permit No. 2015 -01 Special Use Permit No. 2015 -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 California Building Standards 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 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 conditional use permit. A. Planning Division 1. All proposed site improvements must conform to the Site Plan Review approval of DP No. 2015 -01 and the staff report exhibits. 2. Prior to submittal of the final map, submit a management plan per Section 34- 184 of the Santa Ana 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 approval of Certificate of Occupancy, all on -site improvements shall be made in accordance with the submitted plans. 5. Developer shall provide as part of the Covenants, Conditions and Restrictions (CC &Rs) that the owner of each condominium shall immediately remove any graffiti placed thereon. Any graffiti must be removed within 24 hours. 6. Landscaping shall be maintained in compliance with the submitted plan. Any modifications to this plan shall be submitted to the Planning Division for review and subject to the approval of the Planning Manager. Resolution No. 2015 -24 Page 7 of 7