HomeMy WebLinkAbout2008-10•
RESOLUTION NO. 2008-10
KO - 3/18/08
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING TENTATIVE
TRACT MAP NO. 2008-01 AS CONDITIONED AND
SPECIAL USE PERMIT NO. 2008-01 AS CONDITIONED
FOR THE PROPERTY LOCATED AT 2020 AND 2024
NORTH BROADWAY (COUNTY MAP NO. 17259)
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. Applicant is requesting approval of Tentative Tract Map No. 2008-01
(County Map No. 17259) and Special Use Permit No. 2008-01 to create
two office condominiums within two existing office buildings at 2020 and
2024 North Broadway.
• B. Tentative Tract Map No. 2008-01 and Special Use Permit No. 2008-01
came before the Planning Commission of the City of Santa Ana for a duly
noticed public hearing on March 10, 2008.
C. For Tentative Tract Map N. 2008-01, 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 Medium Density Residential
designation on the General Plan and are otherwise consistent with
all other elements of the General Plan.
Tentative Tract Map No. 2008-01 (County Map No. 17259) 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. 2008-01 (County Map No. 17259) is
in keeping with the provisions of the site plan review (DP No.
07-80) and Chapters 34 and 41 of the Santa Ana Municipal
Resolution No. 2008-10
Page 1 of 10
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. 2008-01 (County Map No. 17259) is
proposed fora 0.612-acre parcel of land within an area that
is zoned Professional Office (P). 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. 2007-214 has been prepared for
this project and has not identified any adverse 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
t will comply with minimum City standards. Separate utility
meters will be provided for the project and will not have any
impact on public health.
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. 2008-01 (County Map
No. 17259) will not create conflicts with any easements
necessary for public access through the subject property, as
no such easements currently exist.
D. Pursuant to Section 41-1807, to grant a Special Use Permit, the Planning
Commission must make the following findings:
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 office condominium project will not negatively
affect the surrounding commercial properties. The site is
located on an arterial street and within an office corridor of
the City. The existing building and site will remain as
existing and only minor improvements are proposed with this
project. Policy 2.8 of the Land Use Element encourages the
Resolution No. 2008-10
Page 2 of 10
• rehabilitation of commercial properties and capital
investment within the City. The cosmetic changes to the site
will attract additional office businesses to the site and will
promote the Broadway Corridor as a professional office
district.
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.
The creation of air-space condominiums will not negatively
affect the property maintenance of the project site. As
existing, the site is well maintained and the creation of
CC&Rs will facilitate the future maintenance between the
different building owners. Policy 2.7 of the Land Use
Element emphasizes supporting developments that create a
business environment that is safe and attractive. In addition,
the condition of approval will require the continued removal
of any graffiti that may occur on this site.
3. The proposed common interest development includes sufficient
provisions for the retention of such common areas for the use of all
• owners of separate interests therein.
The proposed office condominium conversion project will
maintain the existing parking and common areas open to all
condominium owners. Additionally, the Covenants,
Conditions, and Restrictions (CC&Rs) will ensure that all
parties are granted access to the site. These CC&Rs will be
recorded prior to the recording of the final tract map. Policy
5.1 of the Land Use Element encourages development
projects that have a net community benefit. The proposed
condominium conversion will give an opportunity for
business owners to own their own building and to remain
within the City.
4. The proposed common interest development complies with the
goals, policies, and objectives of the City's general plan.
The granting of the variance will not adversely affect the
City's General Plan in any way as the land use designation
of General Commercial (GC) allows for office developments.
The proposed building will be consistent with the goals and
policies of the City's General Plan. Policy 5.5 of the Land
Use Element encourages development that is compatible
and supportive of surrounding land uses. The project site is
• located with an office corridor of the City and will maintain
the character of the surrounding office developments.
Resolution No. 2008-10
Page 3 of 10
E. In accordance with the California Environmental Quality Act, the
• recommended action is exempt from further review per Section 15332.
This Class 32 exemption allows for in-fill projects in urban areas on project
sites of no more than five acres. Categorical Exemption Environmental
Review No. 2007-214 will be filed for this project.
Section 2. The Planning Commission after conducting the public hearing hereby
approves Tentative Tract Map No. 2008-01 (County Map No. 17259) as conditioned in
Exhibit "A" attached hereto and incorporated herein. The Planning Commission after
conducting the public hearing hereby approves Special Use Permit No. 2008-01 as
conditioned in Exhibit "A" 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 Planning Commission Action dated March 10, 2008 and
exhibits attached thereto; and the public testimony, all of which are incorporated herein
by this reference.
ADOPTED this 10th day of March, 2008 by the following vote:
AYES: Commissioners: Alderete, De La Torre, Mill, Munoz (4)
NOES: Commissioners: None (0)
ABSENT: Commissioners: Leo (1)
• ABSTENTIONS: Commissioners: Betancourt, Gartner (2)
T/
rvey De La Torre
Vice Chairman
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Kylee O. tto
Assistan ity Attorney
Resolution No. 2008-10
Page 4 of 10
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the
attached Resolution No. 2008-10 to be the original resolution adopted by the Planning
Commission of the City of Santa Ana on March 10, 2008.
Date: aS ~O
Planning Commission Secret
City of Santa Ana
Resolution No. 2008-10
Page 5 of 10
CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 2008-01
(COUNTY MAP NO. 17259)
Tentative Tract Map No. 2008-01 (County Map No. 17259) 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 Standards 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 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. Planning Division
1. The Covenants, Conditions and Restrictions (CC&Rs) for this project must
be reviewed and approved prior to approval of the final tract map.
2. Prior to submittal of the final map, submit a management plan per Section
• 34-184 of the Municipal Code.
3. Prior to submittal of the final map, submit a conversion plan per Section
41-1804 of the Municipal Code.
4. The CC&Rs must include language that requires all required landscaping
must be installed within a specified time period.
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. 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
Resolution No. 2008-10
Page 6 of 10
• 10. Two copies of the recorded final map and CC&Rs 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.
12. Landscaping shall be installed and maintained in accordance with the
approved landscaping plan by the owners and manager of the
development.
13. Developer shall provide as part of the conditions, covenants, and
restrictions that the owner of the lots shall immediately remove any graffiti
placed thereon. The graffiti shall be removed within 24 hours.
•
Resolution No. 2008-10
Page 7 of 10
• CONDITIONS OF APPROVAL FOR SPECIAL USE PERMIT NO.2008-01
Special Use Permit No. 2008-01 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 Gode, the California Building Standards
Code and all other applicable regulations.
The applicant must comply in full with each and every condition listed below rid 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 special use permit.
A. Planning Division
1. The project shall remain in compliance with Site Plan Review DP No. 07-
80.
2. Prior to submittal of the final map, submit a management plan per Section
• 34-184 of the 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 submittal of the special use permit to the City Council for approval,
submit an improvement plan per Section 41-1804 (b) of the Municipal
Code. The plan shall include the following items:
a. A statement of the current and proposed management program;
b. A statement of proposed assessments and fees to be charged to
the owners;
c. Notice of submission of application for public report, which includes
the improvement plan and capital reserves;
d. A preliminary inspection report by the City's Building Official that
identifies whether the building is in compliance with Chapter 8 of
the SAMC;
r:
Resolution No. 2008-10
Page 8 of 10
• e. Compliance of the water delivery system capable of meeting the
city fire flow requirements;
f. Compliance with the Building Security Ordinance;
g. Compliance with the National Pollution Discharge Elimination
System (NPDES) and the Americans with Disabilities Act (ADA);
and
h. A current structural pest control inspection report.
5. The existing nonconforming monument sign shall be brought into
compliance with the City Sign Ordinance.
6. The existing parking lots shall be repaired, repaved and restriped to
comply with current code.
7. A landscape plan shalt be submitted to the Planning Manager for
approval. The plan shall include the removal of existing landscaping (as
identified by the Landscape Development Associate) and specifics on new
• plant materials, irrigation and maintenance.
8. Landscaping shall be installed and maintained in accordance with the
approved landscaping plan by the owners and manager of the
development.
9. Any amendment to this special use permit must be submitted to the
Planning Division for review. At this time, staff will determine if
administrative relief is available or the variance must be amended.
10. Developer shall provide as part of the conditions, covenants, and
restrictions that the owner of the lots shall immediately remove any graffiti
placed thereon. The graffiti shall be removed within 24 hours.
11. Each condominium shall have a separate electrical meter, along with a
separate meter for the landscaping and site lighting.
Resolution No. 2008-10
Page 9 of 10
PROOF OF SERVICE
(C.C.P. SECTION 1013(a), 2015.5)
STATE OF CALIFORNIA, COUNTY OF ORANGE
am employed in the aforesaid county; I am over the age of eighteen and not a
party to the within action; my business address is 20 Civic Center Plaza, Ross Annex
2nd Santa Ana, California 92702.
I served the foreggoing document described as: Resolution No. 2008-10
~ntative Tract Map No. 2008-01 and Special Use ermit o. in t is action
p a ing a true copy t ereo enc ose in sea a enve opes a resse as follows:
Milad Queijan
Western States Engineering, Inc.
4887 East La Palma Avenue, Suite 707
Anaheim, CA 92807
Rashan Bhata
Core Capital Investments
1800 Century Park East #600
Los Angeles, CA 90067
Chessen and Associates
3420-3A Calle Azul
Laguna Woods, CA 92653
[ ] I caused to be delivered by courier, such envelope by hand to the office of the
addressee(s).
[X] BY MAIL I am readily familiar with my employer's practice of collection and
processing correspondence for mailing. Under that practice it would be deposited with
U.S. Postal Service on that same day with postage thereon fully prepaid at Santa Ana,
California in the ordinary course of business. I am aware that on motion of the party
served, service is presumed invalid if postal cancellation date or postage meter date is
more than one day after date of deposit for mailing in affidavit.
[ ]The document was transmitted by facsimile transmission and was reported as
complete and without error.
I declare under penalty of perjury under the laws of the State of California that
the foregoing is true and correct.
Executed on [date] at Santa Ana, California.
MARTHA RAMIREZ
PROOF OF SERVICE
(C.C.P. SECTION 1013(a), 2015.5)
STATE OF CALIFORNIA, COUNTY OF ORANGE
am employed in the aforesaid county; I am over the age of eighteen and not a
party to the within action; my business address is 20 Civic Center Plaza, Ross Annex
2"d Santa Ana, California 92702.
I served the foreggoing document described as: Resolution No. 2008-10
~ntative Tract Map No. 2008-01 and Special Use ermit o. in t is action
p acing a true copy t ereo~ enc of setTin sea a enve opes a resse as follows:
Milad Queijan
Western States Engineering, Inc.
4887 East La Palma Avenue, Suite 707
Anaheim, CA 92807
Rashan Bhata
Core Capital Investments
1800 Century Park East #600
Los Angeles, CA 90067
Chessen and Associates
3420-3A Calle Azul
Laguna Woods, CA 92653
[ ] I caused to be delivered by courier, such envelope by hand to the office of the
addressee(s).
[X] BY MAIL I am readily familiar with my employer's practice of collection and
processing correspondence for mailing. Under that practice it would be deposited with
U.S. Postal Service on that same day with postage thereon fully prepaid at Santa Ana,
California in the ordinary course of business. I am aware that on motion of the party
served, service is presumed invalid if postal cancellation date or postage meter date is
more than one day after date of deposit for mailing in affidavit.
[ ]The document was transmitted by facsimile transmission and was reported as
complete and without error.
I declare under penalty of perjury under the laws of the State of California that
the foregoing is true and correct.
Executed on March 25, 2008 at Santa Ana, California.
MAR A RAMIREZ