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HomeMy WebLinkAbout2005-090 - Approving Tentative Parcel Map No. 2005-09 KO - 9/12/05 RESOLUTION NO. 2005-090 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM, AND APPROVING TENTATIVE PARCEL MAP NO. 2005-09 AS CONDITIONED FOR THE PROPERTY LOCATED AT 606 SOUTH EUCLID STREET (COUNTY MAP NO. 2002-144). BE IT RESOLVED BY THE CITY COUNCIL 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. The Applicant is requesting approval of Amendment Application No. 2005- 03 to change the zoning designation from Community Commercial (C1) to Single-Family Residence (R1) and Tentative Parcel Map to allow a subdivision to construct two single-family residences at 606 South Euclid Street. (County Map No. 2002-144) B. On August 22, 2005, the Planning Commission held a duly noticed public hearing and unanimously voted to recommend that the City Council: 1. Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2005- 138. 2. Adopt an ordinance approving Amendment Application No. 2005- 03. 3. Adopt a resolution approving Tentative Parcel Map No. 2005-09 (County Map No. 2002-144) as conditioned. C. On September 19, 2005 the City Council of the City of Santa Ana held a duly noticed public hearing and at that time considered all testimony, written and oral. D. The City Council determines that the following findings have been established: 1. The proposed project, as conditioned, and its design and improvements are consistent with the Low Density Residential land use designation of the General Plan and are otherwise consistent Resolution No. 2005-090 Page 1 of7 with all other elements of the General Plan and any applicable specific plans. The proposed subdivision will result in two single-family residential units in conformance with the density for this land use designation. 2. The proposed project, as conditioned, conforms to all applicable requirements of the zoning and subdivision codes as well as other applicable City ordinances. The proposed project, as conditioned, conforms to all provisions of the R-1 zoning district with respect to lot size, frontage and setbacks. 3. The project site is physically suitable for the type and density of the proposed project. The proposed site is physically suitable for the single-family development as proposed since the property will be located within the Single-Family Residential (R1) zoning district and has a General Plan land use designation of Low Density Residential at seven dwelling units per acre (LR7). Additionally, the site is surrounded by multi-family residential to the east, a church/school to the west and north and commercial uses to the south. 4. 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. 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. 5. 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 will have sewer, water and the necessary infrastructure improvements as conditioned in Development Project Review No. 00-41. Resolution No. 2005-090 Page 2 of7 6. 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. 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 there is no easement within this property. Section 2. The City Council has reviewed and considered the information contained in the initial study and the mitigated negative declaration and mitigation monitoring program, Environmental Review No. 2005-138, prepared with respect to this Project. The City Council has, as a result of its consideration and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, a mitigation negative declaration and mitigation monitoring program adequately addresses the expected environmental impacts of this Project. On the basis of this review, the City Council finds that there is no evidence from which it can be fairly argued that the Project will have a significant adverse effect on the environment. The City Council hereby certifies and approves the mitigated negative declaration and mitigation monitoring program and directs that the Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. Pursuant to Title XIV, California Code of Regulations ("CCR") ~ 735.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and Game Code ~ 711.2 and Title XIV, CCR ~ 735.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 3. The City Council after conducting the public hearing hereby approves Tentative Parcel Map No. 2005-09 (County Map No. 2002-144) as conditioned in Exhibit "A" attached hereto and incorporated herein. This decision is based upon the evidence submitted at the abovesaid hearing, which includes but is not limited to: the Request for Council Action dated September 19, 2005 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference Section 4. The approval of Tentative Parcel Map No. 2005-09 is expressly conditioned upon adoption by the City Council of Amendment Application No. 2005-03 to rezoning the property located at 606 South Euclid Street from Community Commercial (C 1) to Single-Family Residence (R 1). The rights of the applicant under this Tentative Parcel Map shall not vest until the effective date of such ordinance. Should no such amendment become effective, then this Tentative Parcel Map is null and void and of no effect. Resolution No. 2005-090 Page 3 of7 ADOPTED this 19th day of September, 2005. APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Kylee . Otto Assist nt City Attorney YES: Councilmembers: Alvarez. Bist. Bustamante. Christv. Pulido Garcia Solorio (7) NOES: Councilmembers: None (0) ABSTAIN: Councilmembers: None (0) NOT PRESENT: Councilmembers: None (0 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2005-089 to be the original resolution adopted by the City Council of the City of Santa Ana on September 19. 2005. ~. Lj.~~ . .' ./ '7 ... . '" _____-- C . <---<_C..-L.-ec"<_" ~ Clerk of the Council . J City of Santa Ana Date: fj~lo: Resolution No. 2005-090 Page 4 of7 Conditions for Approval for Tentative Parcel Map No. 2005-09 Tentative Parcel Map No. 2005-09 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 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. Plannina Division 1. The project shall remain in compliance with Site Plan Review DP No. 2000-41 including floor plans, interior amenities and building materials. 2. An eight-foot high block wall is required along the north and south property lines where the back yard abuts adjacent commercial and church uses to assist in privacy and noise attenuation. The block wall shall be constructed of decorative masonry material with contrasting trim cap. 3. A six-foot construction fence with screen shall be provided along the perimeter of this property during construction. 4. Two additional trees, 15-gallon in size shall be planted within the front yard area at the applicant consent and subject to approval of the Planning Manager. 5. Two copies of the recorded final map shall be submitted each to the Planning Division, Building Division and Public Works Agency within 10 days of recordation. 6. 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. 7. 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 Resolution No. 2005-090 Page 5 of7 8. All materials excavated or graded will be sufficiently watered to prevent excessive amount of dust. Watering with complete coverage shall occur at least twice daily, once in the late morning and once after work is done for the day. 9. All clearing and earthwork activities shall cease during period of high winds (winds greater than 25 mph averaged over one hour) or during Stage 1 or Stage 2 smog episodes. 10. Streets surrounding the project site should be cleaned at the end of each day of construction. 11. All materials transported off-site shall either be sufficiently watered or securely covered to prevent excessive amounts of dust. 12. The amount of area disturbed by clearing and earthwork activities shall be minimized at all times. 13. Equipment engines shall be maintained in good condition and in proper tune according to manufacturer's specifications. 14. To the extent feasible, gasoline powered equipment shall be used for on- site and off-site construction activities. 15. Prior to issuance of grading permit, the project developer shall submit a site specific geotechnical report that addresses the seismic constraints on the project site and if needed identify design recommendations to ensure the geotechnical stability of the project site. 16. Prior to issuance of grading permit, the project developer shall submit a site specific geotechnical report that addresses the liquefaction potential on the project site and if needed identify design recommendation to ensure the geotechnical stability of the project site. 17. Grading plans for the proposed project shall identify that Best Management Practices would be employed during construction operations to minimize erosion impacts. 18. Prior to issuance of grading permit, the project developer shall submit a site specific geotechnical report that addresses the soil constraints on the project site and the building load requirements of the project. 19. Prior to issuance of grading permit, the applicant shall 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 Resolution No. 2005-090 Page 6 of7 adjacent to all property lines. Drainage routed to the street must be directed beneath the sidewalk and through the curb. 20. The proposed project is subject to Drainage Area I Assessment Fee. 21. Grading plans and building plans for the proposed project shall reflect that the lowest finish floor elevation of any structure shall be one foot above the highest adjacent grade for the AO-1 zone and at least as high as the depth number specified for the AE Zone on the flood insurance rate map. All elevations must be referenced to the National Geodetic Vertical Datum. Reference should be made to the Flood Plain Management Ordinance for complete requirements, Santa Ana Municipal Code, Chapter 7. 22. Prior to issuance of Building Permits, the project developer shall submit a noise study to the Planning Department that identifies traffic related noise levels and if needed design recommendations to ensure that the project complies with the City's interior noise standard of 45 db CNEL. 23. Grading plans and building plans for the proposed project shall note that construction activities on the project site shall not take place between the hours of 8:00 p.m. and 7:00 a.m. on weekdays, including Saturday, or any time on Sunday or a federal holiday. 24. No construction equipment on the project site shall operate including warming up until after 7:00 a.m. 25. All construction equipment shall be properly maintained and tuned to minimize noise emissions. 26. All equipment shall be fitted with properly operating mufflers and air intake silencers no less efficient than those originally installed. 27. Stockpiling and vehicle staging areas shall be located away from existing residential uses. 28. Prior to the issuance of building permits, the project developer shall submit evidence to the City of Santa Ana of a fee payment between the developer and the Garden Grove School District to offset school facility impacts. Resolution No. 2005-090 Page 7 of7