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HomeMy WebLinkAbout2007-26• KO - 6/7/07 RESOLUTION NO. 2007-26 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING TENTATIVE PARCEL MAP NO. 2007-02 AS CONDITIONED FOR THE PROPERTY LOCATED AT 1043 AND 1045 EAST FOURTH STREET (COUNTY PARCEL MAP NO. 2006-233) 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 Parcel Map No. 2007-02 (County Parcel Map No. 2006-233) to allow condominiums within two industrial buildings at 1043 and 1045 East Fourth Street. B. The Planning Commission of the City of Santa Ana held a duly noticed public hearing on June 11, 2007. C. 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 Industrial land use designation of the General Plan and are otherwise consistent with all other elements of the General Plan and any applicable specific plans. The proposed subdivision is consistent with the Industrial land use designation and the other elements of the General Plan and the provisions outlined in Chapter 34 for the subdivision of property. The project is located within the Heavy Industrial (M-2) zoning district which is consistent with the General Plan designation of Industrial for 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. The property is legal non-conforming and therefore conforms to the provisions of the zoning code with respect to landscaping, setbacks, parking, lot size and frontage. The subdivision would also be in compliance with Chapter 34 of the Santa Ana Municipal Code and the State Subdivision Map Act which governs the subdivision of property in Resolution No. 2007-26 Page 1 of 7 California. In addition, Covenants, Conditions and Restrictions (CC&Rs) addressing drainage, reciprocal access, landscaping and maintenance 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 map is being filed for condominium purposes, which will allow the air space within each of the two industrial buildings to be subdivided into condominium units and sold to individual buyers. The buildings on the project site are existing and were constructed in compliance with City development standards and the standards outlined in the California Building Code at the time of construction. There is no new construction proposed as part of this project; therefore, the site is suitable for subdivision for condominium purposes as proposed by the applicant. Any future development will comply with the appropriate City codes and provisions. 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. There are no known fish or wildlife populations, wetlands or unusual flora or fauna on or around the project site. Since the buildings on this site exist and there is no further subdivision of the underlying parcel, the proposed air space subdivision for condominium purposes 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 subdivision of this property for condominium purposes will not have detrimental effects upon the general public. All improvements on the property currently exist and comply with City standards pertaining to sewer, water, utilities and infrastructure. This is an existing site with existing improvements which have not caused any previous public health problems. 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 subdivision will not conflict with easements necessary for public access, since public access is provided from either Resolution No. 2007-26 Page 2 of 7 Fourth or Terminal Streets. Covenants, Conditions and Restrictions (CC&Rs) will be recorded for the project, as well as necessary ingress and egress easements and agreements to insure that public access to the site is maintained. D. This project was reviewed in accordance with the guidelines for the California Environmental Quality Act. The recommendation is exempt from further review pursuant to Section 15301. This Class 1 exemption allows the subdivision of existing industrial buildings into common-interest ownership type projects. Categorical Exemption Environmental Review No. 2006-71 will be filed for this project. Section 2. The Planning Commission after conducting the public hearing hereby approves Tentative Parcel Map No. 2007-02 (County Parcel Map No. 2006-233) as conditioned in Exhibit "A" attached hereto and incorporated herein. This decision is based upon the evidence submitted at the above said hearing, which includes but is not limited to: the Request for Planning Commission Action dated June 11, 2007 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 11th day of June, 2007 by the following vote: • AYES: Commissioners: Alderete, Gartner, Leo Mill, Munoz (5) NOES: Commissioners: None (0) ABSENT: Commissioners: Betancourt, De La Torre (2) ABSTENTIONS: Commissioners: None (0) ,~ Christop er Leo Chairperson APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee O. tt • Assistant Ci y Attorney Resolution No. 2007-26 Page 3 of 7 • CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2007-26 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on June 11, 2007. Date: '~~ Planni Commission a to City of Santa Ana Resolution No. 2007-26 Page 4 of 7 CONDITIONS Of APPROVAL FOR TENTATIVE PARCEL MAP N0.2007-02 (County Parcel Map No. 2006-233) Tentative Parcel Map No. 2007-02 (County Parcel Map No. 2006-233) 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 rior to exercising the rights conferred by this tentative parcel map. The applicant must remain in compliance with all conditions listed below throughout the life of the parcel map. Failure to comply with each and every condition may result in the revocation of the parcel map. A. Planning Division 1. Comply with Development Review Committee comments outlined in the letter dated October 3, 2006 for Site Plan Review DP No. 2006-62. 2. Provide an exhibit shading all landscape areas for the project and showing • the location and species of trees on the project site. The project, at minimum, shall retain the number of trees and amount of landscaping existing at the time of City approval. Landscape areas shall be maintained by the association and the landscape exhibit recorded as part of the CC&Rs for the project. 3. Each condominium unit shall have their own separate electric, gas and water meters. Electric meters shall be maintained within each building or condominium footprint and shall not be installed on the exterior of the building. All other utility meters must be screened from public view with landscaping or materials approved by the Planning Division. 4. Covenant, Conditions and Restrictions (CC&Rs) shall be created for the project and approved by the City prior to recording of the final map. The CC&Rs shall establish a master association for the project that will be responsible for the operation and maintenance of all common areas. The CC&Rs shall address issues pertaining to reciprocal access, site lighting, irrigation, landscaping, paving, fencing, parking, architecture, drainage, screening of roof mounted equipment, easements to maintain fire department access, hydrants and fire protection equipment and restrictions pertaining to outdoor storage and equipment. The CC&Rs shall address how disputes between condominium units shall be resolved. The CC&Rs shall address all issues to the satisfaction of the City and • shall be approved by the City prior to recordation of the final map. Exhibit A Resolution No. 2007-26 Page 5 of 7 5. The project shall continue to function as an integrated development. No fences will be permitted in the common area or across drive aisles for the purpose of creating yard areas for individual condominium units other than the yard area shown on the tentative map. 6. All pot holes, raised paving and broken curbs within the boundaries of the map shall be repaired and parking areas slurry coated and restriped to City standards as part of a normal maintenance program. 7. Two copies of the recorded final parcel map and City approved CC&Rs shall be submitted each to the Planning Division, Building Division and Public Works Agency within 10 days of recordation. $. The tentative map, final map and all improvements required to be made or installed by the subdivider shall be in accordance with the design standards and specifications of the City of Santa Ana and shall comply with the requirements of the State Subdivision Map Act. 9. All development within the area of the map is subject to development and other applicable fees including permit fees in effect at the time of permit issuance. 10. All development within the area of the map is subject to all design and development standards in effect at the time of building permit issuance. Resolution No. 2007-26 Page 6 of 7 • 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 foregoing document described as: Resolution No. 2007-26 (Tentative Parcel Map No. 2007-02 in this action by p acing a true copy t ereof enc-loin sea a e- n e pes a ressed as follows: Bob Kubichek, 4SA Properties 3130 Airway Avenue Costa Mesa, CA 92626 [ ] 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 July 2, 2007 at Santa Ana, California. MAR A RAMI • Resolution No. 2007-26 Page 7 of 7