HomeMy WebLinkAbout31A - 2301 E. SANTA CLARA
REQUEST FOR
COUNCIL ACTION
~
~
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
SEPTEMBER 20, 2004
TITLE:
AMENDMENT TO CONDITIONAL USE
PERMIT NO. 1978-26 TO ALLOW A NEW
BUILDING IN AN EXISTING 140-UNIT
RESIDENTIAL COMPLEX
APPROVED
o As Recommended
o As Amended
o Ordinance on 1 sl Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
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CITY MANAGER
CONTINUED TO
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FILE NUMBER
RECOMMENDED ACTION
Receive and file the staff report approving Amendment to Conditional Use
Permit No. 1978-26 as conditioned
PLANNING COMMISSION ACTION
On August 23, 2004, the Planning Commission adopted a resolution
approving Amendment to Conditional Use Permit No. 1978-26 as conditioned
by a vote of 6: 0 (Cribb absent) to construct a new building on an
existing 140-unit residential complex at 2301 East Santa Clara Avenue.
The Planning Commission made no changes to the recommended conditions of
approval outlined in the attached staff report (Exhibit A) .
FISCAL IMPACT
There is no fiscal impact associated with this action.
:J~}M
Stephen G. Ha ing
Executive Di ector
Planning & Building Agency
LL:rb
ll\reports\amend cup78-26.cc
31A-1
+REQUEST FOR
Planning Commission Action
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PLANNING COMMISSION SECRETARY
PLANNING COMMISSION MEETING DATE:
AUGUST 23, 2004
TITLE:
PUBLIC HEARING - AMENDMENT TO
CONDITIONAL USE PERMIT NO. 78-26 TO
ALLOW A NEW BUILDING IN AN EXISTING
140-UNIT RESIDENTIAL COMPLEX
APPROVED
o As Recommended
o As Amended
o Set Public Hearing For
DENIED
o Applicant's Request
o Staff Recommendation
CONTINUED TO
Prepared by Lucy Linnaus
~~~fi~dor
RECOMMENDED ACTION
~.
Planning Manager
Adopt a resolution approving Amendment to Conditional Use Permit No. 78-26
as conditioned.
DISCUSSION
Request of the Applicant
Gregory Schroeder, representing Essex Property Trust, rnc. , is
requesting an amendment to Conditional Use Permit No. 78-26 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.
Property Description
The subject property is located on the northeast corner of Santa Clara and
Pasadena Avenues (Exhibit 1). The site has a zoning designation of
Suburban Apartment (R4) with a General Plan land use designation of Low
Density Residential (LR). The surrounding land uses include fourplex
residential units to the north, the Newport-Costa Mesa Freeway to the
east, single-family residential to the south, and an apartment complex to
the west (Exhibit 2).
The project site is 7.15 acres in size and is developed with 140
condominiums contained within 24 two-story buildings. There are 236 on-
site parking spaces existing, with 157 of the stalls in carports. The
buildings are arranged around six open space areas, which along with
landscaped paths represent about 45 percent of the site. Five of the open
space areas provide passive recreation opportunities for the tenants,
while the sixth is improved with a swimming pool, spa and a recreation
building (Exhibit 3). EXHIBIT A
31A-2
Amendment to Conditional Use Permit No. 78-26
August 23, 2004
Page 2
Project Description
Essex Management Corporation, L. P. proposes to construct a 600 square
foot, single-story building to provide on-site leasing/management services
for the existing complex. The new building will be located on an
approximately 12,000 square foot passive open space area and will provide
a new controlled entrance to the residential complex (Exhibits 4 and 5) .
In addition, the applicant is proposing to remodel the existing recreation
building. The remodel will mainly consist of upgrading restrooms and
doors to current accessibility requirements and relocating shower
facilities to the exterior of the building for ease of use from the
swimming pool area (Exhibits 6 and 7). Additionally, as shown on Exhibit
3, the applicant will be installing playground equipment, picnic tables,
barbeque grills and benches on the passive open areas for the enjoyment of
the tenants. Lastly, the applicant is proposing to upgrade the landscaped
area around the new entrance to the complex by adding six trees and a
variety of shrubs and groundcover (Exhibit 8). Since the proposed project
was not reviewed as part of the original conditional use permit, an
amendment to the conditional use permit will be required for the applicant
to pursue this project.
Analysis of the Issues
Based on City records, the existing 140-unit residential complex was
constructed in 1969 as an apartment complex pursuant to the regulations
of the R4 zoning district and in compliance with the City's General Plan
land use designation. In February 1975, the City modified all
residential zoning districts to include condominium conversions as a
conditionally permitted use. In 1979, the City Council approved
Conditional Use Permit (CUP) No. 78-26 to allow the conversion of these
apartments to condominiums. Presently, the units are held under one
ownership and are available for rent.
The leasing and management services for the complex are presently
conducted from one of the residential units. While accessible to
existing tenants, the offices are visually and relatively physically
inaccessible to prospective tenants. The complex lacks a visually
identifiable architectural entry, since solid block walls surround the
complex. Prospective tenants presently access the complex through a four-
foot wide controlled access gate. The lack of visual entry not only
deters prospective tenants, but does not allow staff members to be in
31A-3
Amendment to Conditional Use Permit No. 78-26
August 23, 2004
Page 3
visual control of property access. The proposed proj ect will not only
allow staff to provide better services to the tenants but will also create
a visually identifiable entry for the complex. Because this residential
complex is a condominium and the owner may choose to commence unit sales
at any time, the leasing and on-site management operations are considered
a temporary use of the building. This building is intended to convert to
a multi-purpose building for the use of the condominium owners at the
conclusion of the sales program, if and when it occurs.
To offset the loss of passive open space resulting from the proposed
building location, the applicant is proposing enhancements to the
remaining passive open spaces areas. The enhancements include playground
equipment to accommodate children from 2 to 12 years of age, four barbeque
grills with picnic tables and one park bench. Additionally, the applicant
will be remodeling the current recreation building to meet with current
accessibili ty requirements, further enhancing the recreational amenities
of the complex. Lastly, by relocating the current leasing/management
services to the proposed building, the applicant will be able to re-
instate the residential use of the unit that currently serves as the
leasing office.
Based upon the analysis of the project and the project I s compatibility
with the conditions of the approved conditional use permit, it is
recommended that the Planning Commission approve the Amendment to
Conditional Use Permit No. 78-26 as conditioned (Exhibits 9 and 10).
CEQA Compliance
In accordance with
recommended action is
Environmental Review
(Exhibit 11).
the California Environmental Quality Act, the
exempt from further review. Categorical Exemption
No. 2004-55 will be filed for this project
II
Vincent Freg
Senior Plann r
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17TH ST.
Al GENERAL AGRICULTURAL CR COMMERCIAL RESIDENTIAL Rl SINGLE FAMILY RESIDENTIAL
-B PARKING MODIFICATION GC GOVERNMENT CENTER R2 TWO FAMILY RESIDENCE
C.SM COMMERCIAL SOUTH MAIN Ml LIGHT INDUSTRIAL R3 MULTIPLE DENSITY MULTIPLE
C1 COMMUNITY COMMERCIAL M2 HEAVY INDUSTRIAL FAMILY RESIDENCE
Cl.MD COMM. COMMERCIAUMUSEUM DISTRICT MO MILITARY OPERATIONS R4 SUBURBAN APARTMENTS
C2 GENERAL COMMERCIAL 0 OPEN SPACE RE RESIDENTIAL ESTATE
C3 CENTRAL BUSINESS P PROFESSIONAL SD SPECIFIC DEVELOPMENT
C3-A CENTRAL BUSINESS-ARTIST VILLAGE PCD PLANNED COMMUNITY DEVELOPMENT SP SPECIFIC PLAN
C4 PLANNED SHOPPING CENTER PRD PLANNED RESIDENTIAL DEVELOPMENT
C5 ARTERIAL COMMERCIAL
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AMENDMENT TO CUP 78-26
HEARTHSTONE II LEASING OFFICE
2301 EAST SANTA CLARA AVENUE
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2301 East Santa ~lirli /We. Santa Ana. CA 92705
~1I18Ia CUP 78-26
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2301 East Santa Clara A va. Santa Ana, CA 92705
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AMEND. CUP 78-26
~}\~f2
Amendment to Conditional Use Permit No. 78-26
August 23, 2004
Page 1 of 2
Findings of Fact
A.
Will the proposed use provide
contribute to the general well
community?
a service
being of
or facility which will
the neighborhood or the
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.
B. 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
heal th, 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 interface with the public street.
C. 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
affect the economic development or stability of the
providing additional amenities to the users on site.
turn will create more stability and desirability
residential complex.
adversely
area by
This in
to the
AMEND. CUP 78-26
EXHIBIT .P 3
31A-1
Amendment to Conditional Use Permit No. 78-26
August 23, 2004
Page 2 of 2
D. 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.
E. 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.
31A-14
AUGUST 23, 2004
PAGE 1 OF5
Conditions for Approval
Amendment to Conditional Use Permit No. 78-26 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 prior 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. 78-26
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.
AMEND. CUP 78-26
EXHIBIT 10
31A-15
AUGUST 23, 2004
PAGE20F5
8. In addition to guest, linen, food pantry and clothes closets
customarily provided, each unit wi thin the proj ect 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.
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 maj or 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 wi thin the proj ect itself, in which case
maximum shall be $150.00 for moving expenses only.
31A-16
AUGUST 23, 2004
PAGE30F5
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 maj or
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 homeowners' association; 2)
perpetual maintenance in good, sanitary and attractive
condition of all common areas and improvements including
landscaped areas, walls, driveways, parking areas, trash areas
and buildings; 3) maintenance of each unit in good, sanitary
and attractive condition by the individual owner; 4) the City
shall have the same rights to enforce the foregoing provisions
of the CC&Rs as the association; and 5) no amendment of the
CC&Rs without the prior written consent of the Planning
Director of the City. The CC&Rs shall have the written
approval of the Planning Director and approval as to form by
the City Attorney affixed thereto prior to recordation.
17. A Parking Management Plan (PMP) shall be incorporated within
the CC&Rs indicating the covered off-street parking space (s)
which will be assigned exclusively to each dwelling unit. All
uncovered off-street parking spaces shall be held within the
common area to be administered and maintained by the
Homeowners' Association; said uncovered spaces shall be held
for use by all owners within the project and may not be
assigned exclusively. The CC&Rs shall have a provision
precluding the alienation (sale-rental) of garage or carport
units required by the PMP.
31A-17
AUGUST 23, 2004
PAGE40F5
18. The subdivider or developer is required to furnish the Board or
Officers of the Homeowners' Association a complete set of
construction plans which shall include fully dimensioned plot,
building and landscaping plans and shall contain diagrams or
location of major components, utilities and related data.
These items will be important to the Board or Officers, or
those who will manage or repair common facilities in the
subdivision.
19. All driveways, parking surfaces and private streets shall be
repaired in a manner acceptable to the City and shall be seal
coated with restriping of parking spaces as necessary.
20. This conditional use permit shall expire one (1) year from the
date of City Council approval unless extended for one (1) year
by the Planning Commission. Said request for extension must be
initiated by the applicant/property owner.
21. That an engineering report specifying the sound transmission
standard of the unit, interior walls, be provided and submitted
to the City prior to recordation of the final map and also be
submitted to the State Department of Real Estate for inclusion
in the final public report.
NOTE:
Above conditions are not
applicant from exceeding
said conditions.
intended to
the minimums
limit project
established by
22.
approved conditions).
(Added to the previously
23.
(Added to the previously approved conditions).
24.
a.
.'~~~"'\of.g.J~~;~.
b.
31A-18
AUGUST 23, 2004
PAGE 5 OF 5
i .
ii.
.,.~.t~;:
iii.
iv.
v. ~,;~ 9r:j;11El,'fJf.if~.p~~;;e'!~b')_~
vi. ~!!,.;:.:k:,benc~.
conditions)
(Added to the previously approved
B. Public Works Department
1. Improvements Plans: Santa Clara Avenue and Pasadena Street for
street lighting. NOTE: City Plan 1-46-8 may be revised.
2. Improvements:
Santa Clara Avenue: Ornamental
underground power distribution.
street
lighting
with
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.
31A-19
MAYOR
Miguel A, Pulido
MAYOR PRO TEM
Brett E. Franklin
COUNCllMEMBERS
Claudia C. Alvarez
Lisa Bist
Alberta D, Christy
Mike Garcia
Jose Solorio
1m
~
CITY OF SANTA ANA
PLANNING & BUILDING AGENCY
20 Civic Center Plaza (M-20l
P.O, BOX 1988 · Santa Ana, California 92702
www.santa-ana.org
CITY MANAGER
David N, Ream
CITY ATTORNEY
Joseph W. Fletcher
ClERK OF THE COUNCIL
Patricia E, Healy
NOTICE OF EXEMPTION
From the Requirements of the California Environmental Quality Act (CEQA)
TO: COUNTY CLERK/County of Orange
P.Q, Box 238
Santa Ana, CA 92702
FROM: City of Santa Ana
Planning & Building Agency
20 Civic Center Plaza
Santa Ana, CA 92702
PROJECT TITLE: Hearthstone" Apartments
PROJECT NUMBER(S): Amendment to CUP 78-26
PROJECT LOCATION: 2301 East Santa Clara
City: Santa Ana County: Orange
Description of the Project: Construct a 600 square foot, single story detached building
to serve an existing 140-unit residential complex located within the Suburban Apartment
(R4) zoning district.
Date of Decision: 08-23-04
ER NUMBER: 2004-55
Name & Address of Applicant: Essex Property Trust, Inc, 17461 Oerian Avenue, Suite
110, Irvine, CA 92614
Name of Public Agency Approving Project: Planning and Building Agency
Exempt Status:
o Ministerial (Sec. 15268)
o Declared Emergency (Sec. 15269 (a) )
o Emergency Project (Sec. 15269(a)&(b) )
o General Rule (Sec. 15061 (b)(3) )
o Statutory Exemption: State Code number _
~ Categorical Exemption: State class and section number: Class 3, Section 15303 (c)
Reason(s) why project is exempt from CEQA: Proposed project involves the
construction of a 600 square foot structure on a site improved with 140-unit condominiums
City Contact Person: Lucy Linnaus
Telephone No: (714) 667-2745
Signature:
Title:
Date:
S ,. Z3 ,...o~
LL\environrnentaJ\Hearthstone NOE
AMEND. CUP 78-26
E~')\!~O
cs. 606-2
KO - 8/24/04
RESOLUTION NO. 2004-32
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 of3
31A-21
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 interface 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
31A-22
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)
None (0)
Cribb (1)
None (0)
NOES: Commissioners:
ABSENT: Commissioners:
ABSTENTIONS: Commissioners:
Glenn Mondo
Chairman
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney
By:
Kylee O. Otto
Deputy City 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:
Planning Commission Secretary
City of Santa Ana
31A-23
Resolution No. 2004-32
Page 3 of3
Conditions for ADDroval 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 Drior 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. Plannina 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"
pa~e1~~~4
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"
P~efA~25
homeowners' association; 2) perpetual maintenance in good, sanitary and
attractive condition of all common areas and improvements including
landscaped areas, walls, driveways, parking areas, trash areas and
buildings; 3) maintenance of each unit in good, sanitary and attractive
condition by the individual owner; 4) the City shall have the same rights to
enforce the foregoing provisions of the CC&Rs as the association; and 5)
no amendment of the CC&Rs without the prior written consent of the
Planning Director of the City. The CC&Rs shall have the written approval of
the Planning Director and approval as to form by the City Attorney affixed
thereto prior to recordation.
17. A Parking Management Plan (PMP) shall be incorporated within the CC&Rs
indicating the covered off-street parking space(s) which will be assigned
exclusively to each dwelling unit. All uncovered off-street parking spaces
shall be held within the common area to be administered and maintained by
the Homeowners' Association; said uncovered spaces shall be held for use
by all owners within the project and may not be assigned exclusively. The
CC&Rs shall have a provision precluding the alienation (sale-rental) of
garage or carport units required by the PMP.
18. The subdivider or developer is required to furnish the Board or Officers of
the Homeowners' Association a complete set of construction plans which
shall include fully dimensioned plot, building and landscaping plans and
shall contain diagrams or location of major components, utilities and related
data. These items will be important to the Board or Officers, or those who
will manage or repair common facilities in the subdivision.
19. All driveways, parking surfaces and private streets shall be repaired in a
manner acceptable to the City and shall be seal coated with restriping of
parking spaces as necessary.
20. This conditional use permit shall expire one (1) year from the date of City
Council approval unless extended for one (1) year by the Planning
Commission. Said request for extension must be initiated by the
applicant/property owner.
21. That an engineering report specifying the sound transmission standard of
the unit, interior walls, be provided and submitted to the City prior to
recordation of the final map and also be submitted to the State Department
of Real Estate for inclusion in the final public report.
NOTE: Above conditions are not intended to limit project applicant from
exceeding the minimums established by said conditions.
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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: I\pproxim3tely 51 porcont of the property is in opon
spaco.Approximately 45 percent of prooerty shall be maintained as
open soace.
b. Recreational facilities: ana roGroational building and ana swimming
f3OOhRecreational facilities shall be maintained in perpetuity and
shall include the followina:
i. One 932 square foot recreation buildina. which shall not be
converted to alternative uses other than a different
recreational use.
ii. One swimmina pool. approximately 22 feet by 45 feet.
iii. One 600 square foot community buildina, which may be
used as a leasina office until such time as the sales proaram
for the condominium proaram concludes.
iv. Playaround equipment to accommodate users from 2 to 12
years of aae.
v. Four barbeaue arills and four picnic tables.
vi. One park bench. (Added to the previously approved
conditions)
B. Public Works Department
1. Improvements Plans: Santa Clara Avenue and Pasadena Street for street
lighting. NOTE: City Plan 1-46-8 may be revised.
2. Improvements:
EXHIBIT "A"
pa~'~~27
Santa Clara Avenue: Ornamental street lighting with underground power
distribution.
Pasadena Street: Ornamental street light with underground power
distribution.
c. Fire DeDartment
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 DeDartment
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.
EXHIBIT "Au
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