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HomeMy WebLinkAbout2005-11r RESOLUTION NO. 2005-11 KO - 5/2//05 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING MITIGATED NEGATIVE DECLARATION ENVIRONMENTAL REVIEW NO. 2004-177 AND THE MITIGATION MONITORING PROGRAM AND TENTATIVE TRACT MAP NO. 2005-01 AS CONDITIONED FOR THE PROPERTIES LOCATED AT 1516, 1518, 1520, 1522, 1526 AND 1528 EAST WARNER AVENUE (COUNTY MAP NO. 16738) BE IT RESOLVED BY THE PLANNING COMMISSION 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. Tentative Tract Map No. 2005-01 seeking to divide the existing three parcels into six parcels and three common area lots for the properties located at 1516, 1518, 1520, 1522, 1526 and 1528 East Warner Avenue. • B. The Planning Commission of the City of Santa Ana held a duly noticed public hearing on March 14, 2005. After receiving testimony from the applicant and the public, the Planning Commission continued the case and directed staff to complete the environmental documentation and develop conditions of approval for the proposed tentative tract map. Due to the unique character, scale and atmosphere of the office park, the Commission concluded that it was unlikely that the site would transition into a mid to high rise office project and was comfortable with the small lot subdivision proposed by the applicant in this particular case. C. The Planning Commission of the City of Santa Ana determines that the following findings have been established: The proposed project, as conditioned, and its design and improvements are consistent with the Professional Administrative Office 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 project consists of a tentative tract map for condominium purposes that would also allow the subdivision of three parcels of land into six smaller parcels and three lettered lots. The six parcels are being created around the • existing six buildings with no new square footage being Resolution No. 2004-11 Page 1 of 4 • added to the structures. The proposed subdivision is consistent with the Professional and Administrative Office land use designation of the General Plan. The project also complies with the design and development standards outlined in Specific Development Plan No. 8, which has previously been approved by the Planning Commission and City Council. ii. 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 subdivision is consistent with the City's zoning code and the development standards outlined in Specific Development No. 8 which governs development within the Brookhollow office park. The design, configuration, and size of the proposed parcels and common lots are in conformance with the City of Santa Ana's requirements for the subdivision of property and the requirements of the Subdivision Map Act. iii. The project site is physically suitable for the type and density of the proposed project. • The Brookhollow Office Park (SD-8) was established in 1977 as an integrated office development on 34.7 acres. Its water features and garden setting make it unique in character and one of the premier office parks in the City. The character of the office park will change if it is subdivided into small lots that do not stand on their own with respect to City development standards such as parking, minimum lot size, street frontage, landscaping and setbacks. iv. 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. The parcel map will not cause environmental damage nor injure fish or wildlife, as the site is currently occupied by existing office buildings. In addition, no fish or wildlife has been identified as residing on the project site. v. The design or improvements of the proposed project will not cause serious public health problems. There are no new buildings or building square footage • proposed as part of this project and, therefore, no alterations are proposed to the development project that would create Resolution No. 2005-11 Page 2 of 4 • public health problems. The small lot subdivisions and condominiums proposed in Tentative Tract Map No. 2005-01 will not affect the health or safety of persons residing in the vicinity since the project does not involve any new buildings on the project site. vi. 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. The small lot subdivision and office condominiums proposed in the tract map will not create any conflicts with existing easements found on the site. Conditions, Covenants and Restrictions (CC&R's) are in place and will be amended as necessary to ensure that the appropriate easements such as access, egress, drainage, utility and other necessary easements are maintained over the 6.47-acre project site. Section 2. The Planning Commission 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 Planning Commission 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 Planning Commission 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 Planning Commission 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 Planning Commission 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 Planning Commission after conducting the public hearing hereby approves Conditional Use Permit No. 2005-01 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 not is not limited to: the Request for Planning Commission Action dated March 14, 2005 and April 25, 2005 and exhibits attached • thereto; and the public testimony, all of which are incorporated herein by this reference. Resolution No. 2004-11 Page 3 of 4 • ADOPTED this 25~' day of April, 2005 by the following vote: AYES: Commissioners: Cribb, De La Torre, Gartner, Leo, Lutz, Mondo, Nalle (7) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: None (0) Glenr'~Mondo Chairp son APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By:~ ~. ,ems. • Kylee O. tto Assistant`Gity Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2005-11 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on April 25, 2005. Date: ~ 6/ tanning Commission Secre City of Santa Ana ~J Resolution No. 2005-11 Page 4 of 4 • Conditions for Approval for Tentative Tract Map No. 2005-01 (County Tract Map No. 16738) Tentative Tract Map No. 2005-01 (County Tract Map No. 16738) 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 rip or 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. Building Department The Building Official of the City of Santa Ana and Planning Manager shall approve any modification to the CC&R's required for Tentative Tract Map No. 2005-01 (County Tract Map No. 16738). B. Planning Division • 1. Provide an exhibit showing all landscape areas within the boundaries of Tentative Tract Map No. 2005-01 (County Tract Map No. 16738) including the type and location of existing trees. The project, at minimum, shall retain the number of trees and amount of landscaping existing at the time of City approval. The landscape exhibit shall be recorded as part of the Covenant, Conditions and Restrictions (CC&R's) for the project. 2. All landscape areas within the boundaries of Tentative Tract Map No. 2005-01 (County Tract Map No. 16738) shall continue to be maintained by the Brookhollow Master Association. 3. The Applicant shall be responsible for the payment of all utilities within the boundaries of Tentative Tract Map No. 2005-01 (County Tract Map No. 16738) including but not limited to gas, electric, water and trash unless each individual for sale unit is separately metered for the above mentioned utilities. 4. In the event that each individual for sale unit created by this map has separate electrical meters, these meters shall be maintained within the 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. • EXHIBIT "A" Page 1 of 3 • 5. For the common area, a single Owners' Association shall be created to provide insurance and assume maintenance obligations for the structural integrity of all structures within the boundaries of Tentative Tract Map No. 2005-01 (County Tract Map No. 16738) including any normal routine maintenance to the exterior of structures that is not undertaken by the Brookhollow Master Association. All for sale condominium units within the project shall be under the control of one condominium association. 6. The Applicant shall provide insurance and assume maintenance obligations for all common areas and common area parcels within the boundaries of Tentative Tract Map No. 2005-01 (County Tract Map No. 16738) including improvements such as trees, shrubs, grass and other landscaping, irrigation equipment, project lighting, fixtures, paving, drive aisles, parking areas, striping, walkways, and sidewalk areas and other common area improvements that are not undertaken by the Brookhollow Master Association. 7. All Covenant, Conditions and Restrictions (CC&R's) affecting the boundaries of Tentative Tract Map No. 2005-01 (County Tract Map No. 16738) shall be created for the project and approved by the City of Santa Ana prior to recording of the final map. The CC&R's 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. 8. 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. 9. All pot holes, raised paving and broken curbs within the boundaries of the map shall be repaired and parking areas slurry coated and restriped as part of a normal maintenance program. 10. Two copies of the recorded final tract map and City approved Covenant, Conditions and Restrictions (CC&R's) shall be provided each to the Planning Division, Building Division and Public Works Agency within 10 days of recordation. 11. 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. 12. 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. EXHIBIT "A" Page 2 of 3 13. Prior to recordation of any final map, Applicant shall submit to the City a • plan showing each unit to be created in sufficient detail to locate all boundaries thereof. If Applicant proposes more than 42 for-sale units, or proposes a subdivision creating any unit with a square footage less than 1,200 square feet, then the Planning Commission shall hold a noticed public hearing to consider imposition of additional map conditions. 14. The word "Applicant" shall be deemed to include any successor-in-interest to Applicant. • • EXHIBIT "A" Page 3 of 3