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HomeMy WebLinkAbout2007-081 - Site Plan Review No. 2007-02 for the Property Located at 3321 South Fairview Street KO-10/29/07 RESOLUTION NO. 2007-081 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AND ADOPTING THE MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM (ENVIRONMENTAL REVIEW NO. 2007-37); APPROVING TENTATIVE TRACT MAP NO. 2007- 04 AS CONDITIONED (COUNTY MAP NO. 2007-04), AND SITE PLAN REVIEW NO. 2007-02 AS CONDITIONED FOR THE PROPERTY LOCATED AT 3321 SOUTH FAIRVIEW STREET 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. Applicant is requesting approval of the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2007-37; Amendment Application No. 2007-02 rezoning the property from Arterial Commercial (C5) to Specific Development No. 81; Tentative Tract Map No. 2007-04 (County Map No. 17071) as conditioned to subdivide a lot into 9 parcels (six buildable lots and three open space parcels); and adopt a resolution approving Site Plan Review No. 2007-02 as conditioned for the property located at 3321 South Fairview Street. B. On September 10, 2007, the Planning Commission held a duly noticed public hearing and voted 5:0 (Gartner and Leo absent) to recommend that the City Council: 1. Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2007-37. 2. Adopt an ordinance approving Amendment Application No. 2007-02 and Specific Development No. 81. 3. Adopt a resolution approving Tentative Tract Map No. 2007-04 (County Map No. 17071) as conditioned. 4. Adopt a resolution approving Site Plan Review No. 2007-02 as conditioned. C. The Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2007-37; Amendment Application No. 2007-02 and Specific Development No. 81; Tentative Tract Map No. 2007-04 Resolution No 2007-081 Page 1 of 8 (County Map No. 17071); and Site Plan Review No. 2007-02 came before the City Council of the City of Santa Ana for a public hearing October 1, 2007, and at that time considered all testimony, written and oral. On October 1, 2007 the City Council continued the public hearing to November 5,2007. D. On November 5, 2007, the City Council continued the public hearing, and at that time considered all testimony, written and oral. E. Tentative Tract Map No. 2007-04 (County Map No. 17071) to subdivide the existing lot into six buildable parcels and three open space parcels to allow a total of 38 condominium lots. The City Council 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 Medium Density Residential designation on the General Plan and are otherwise consistent with all other elements of the General Plan. Tentative Tract Map No. 2007-04 (County Map No. 17071) is consistent with the land use designation and density prescribed in the General Plan and will have no adverse affect on the surrounding land uses in the area. 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 Tract Map No. 2007-04 (County Map No. 17071) is in keeping with the provisions of the site plan review (DP No. 06-77) and Chapters 34 and 41 of the Santa Ana Municipal Code, all of which pertain to the subdivision of land and development standards for the site. 3. The project site is physically suitable for the type and density of the proposed project. Tentative Tract Map No. 2007-04 (County Map No. 17071) is proposed for a six-acre parcel of land within an area that is proposed to be rezoned to Specific Development No. 81 (SD-81). The site has been determined to be capable of supporting the type and density of the proposed project. 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. No fish or wildlife will be affected by the approval of this map or by the design and improvements of the project. Environmental Review No. 2007-37 has been prepared for Resolution No. 2007-081 Page 2 of 8 this project and has identified mitigation measures aimed at reducing any environmental impact associated with this project. 5. The design or improvements of the proposed project will not cause serious public health problems. The design and improvements associated with this project have been prepared to comply with minimum City standards. The street system, although to be private and maintained by a homeowners association, has been designed to public street standards and will accommodate emergency vehicles. All other improvements have been designed to mitigate any serious problem resulting from this project. 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. Approval of Tentative Tract Map No. 2007-04 (County Map No. 17071) will not create conflicts with any easements necessary for public access through the subject property, as no such easements currently exist. Public access will be allowed to the site through the entrance and with homeowner authorization. F. Section 41-593.5(c) of the Santa Ana Municipal Code requires a review by the Planning Commission of all plans within a specific development plan area to ensure the project is in conformity with the Specific Plan. 1. Site Plan Review No. 2007-02 came before the City Council of the City of Santa Ana on October 1,2007. 2. After reviewing the plans for the proposed project, the City Council determines the project is in compliance with all applicable development standards outlined within the Specific Development Plan (SD-81). 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 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 Resolution No. 2007-081 Page 3 of 8 Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. Section 3. The City Council after conducting the public hearing hereby approves: A. Tentative Tract Map No. 2007-04 as conditioned in Exhibit "A" attached hereto and incorporated herein. B. Site Plan Review No. 2007-02 as conditioned in Exhibit "B" attached hereto and incorporated herein. These decisions are based upon the evidence submitted at the above said hearing, which includes but is not limited to: the Request for Council Action dated October 1, 2007 and exhibits attached thereto; the Request for Council Action dated November S, 2007 and exhibits attached thereto and the public testimony written and oral, all of which are incorporated herein by this reference. Section 4. This decision rendered by the City Council of the City of Santa Ana is final and is subject to judicial review pursuant to California Code of Civil Procedure section 1094.6. The Clerk of the Council shall give direct notice to the applicant of the Council's decision and these findings. ADOPTED this Sth day of November, 2007. . uel A. Pu 'do ayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee 0 Otto Assista City Attorney AYES: Councilmembers: Alvarez. Benavides. Bustamante. Martinez. Pulido. Sarmiento. (6) NOES: Councilmembers: None. (0) ABSTAIN: Councilmembers: Tinaiero (1) NOT PRESENT: Councilmembers: None (0) Resolution No. 2007-081 Page 4 of 8 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the ...... attached Resolution No. 2007-081 to be the original resolution adopted by the City Council of the City of Santa Ana on November 5. 2007. ~.. - . -'" -../. Patricia E. Healy Clerk of the Council City of Santa Ana -. '-" Resolution No. 2007-081 Page 5 of 8 Exhibit A - Conditions for Approval for Tentative Tract Map No. 2007-04 Tentative Tract Map No. 2007-04 (County Map No. 17071) 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 tentative tract map. The applicant must remain in compliance with all conditions listed below throughout the life of the tentative tract map. Failure to comply with each and every condition may result in the revocation of the tentative tract map. A. Plannina Division 1. The Covenants, Conditions and Restrictions (CC&R's) for this project must be reviewed and approved prior to approval of the final tract map. 2. The CC&R's must include language that requires all required landscaping must be installed within a specified time period. In addition, the CC&R's shall include a provision banning front yard and side yard fences and front porch railings except as shown in the plans or elevations submitted by the applicant in conjunction with the approval of the tentative tract map. - 3. A fencing plan showing the location of all project fencing and the materials to be used must be submitted to the Planning Division prior to submittal into building plan check. . 4. The perimeter fencing for the project cannot exceed seven feet in height, as measured from the height of the street sidewalk. 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. -' Resolution No. 2007-081 Page 6 of 8 8. Development within the area of the map is subject to design and development standards in effect at the time of permit issuance. 9. The project must be in compliance with the provisions of Site Plan Review (DP No. 06-77). 10. Two copies of the recorded final map and CC&R's shall be submitted each to the Planning Division, Fire Department, Building Division, and Public Works Agency within 10 days of recordation. 11. 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 Ana Municipal Code and the requirements of the State Subdivision Map Act. Resolution No. 2007-081 Page 7 of 8 Exhibit B Conditions for Approval for Site Plan Review No. 2007-02 Site Plan Review No. 2007-02 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 site plan approval. The applicant must remain in compliance with all conditions listed below throughout the life of the site plan approval. Failure to comply with each and every condition may result in a building permit not being issued. A. Plannina Division 1. All proposed site improvements must conform with the Site Plan Review approval of DP No. 06-77. 2. Any amendment to this site plan must be submitted to the Planning Division and Police Department for review. At that time, staff will determine if administrative relief is available or the Planning Commission must amend the site plan approval. Resolution No. 2007-081 Page 8 of 8