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RESOLUTION NO. 2001-60
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING AND ADOPTING,
THE MITIGATED NEGATIVE DECLARATION AND
MITIGATION MONITORING PROGRAM FOR
ENVIRONMENTAL REVIEW NO. 00-187 AND APPROVING
VARIANCE NO. 2001-10 AS CONDITIONED FOR THE
PROPERTY LOCATED AT 1401 EAST WARNER AVENUE
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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. The Mitigated Negative Declaration and the Mitigation Monitoring Program
for Environmental Review No. 01-187 and Variance No. 2001-10 came
before the Planning Commission of the City of Santa Ana for a public
hearing on December 10, 2001.
B. The Planning Commission determines that the following findings, which
must be established in order to grant a variance from the provisions of the
Santa Ana Municipal Code, have been established:
1. That because of special circumstances applicable to the subject
property, including size, shape, topography, location, or surroundings,
the strict application of the zoning ordinance is found to deprive the
subject property of privileges not otherwise at variance with the intent
and purpose of the provisions of this chapter.
Due to the long, narrow shape of the lot, the strict application
of the zoning code would result in the removal of the existing
office building and would result in the deletion of parking
stalls due to the need to reconfigure the operation of the
facility. The granting of the variance will allow Vulcan
Materials Company the ability to make on-site improvements
while allowing the office building to remain.
2. That the granting of a variance is necessary for the preservation
and enjoyment of one or more substantial property rights.
r~
The granting of the variance to allow a reduced landscaped
setback is necessary for the enjoyment of property rights as
Resolution No. 2001-60
Page 1 of 3
• it will allow the applicant the ability to maintain the existing
office building on the site.
3. That the granting of a variance will not be materially detrimental to
the public welfare or injurious to surrounding property.
The reduced landscaped setback will not be detrimental to
the surrounding area as the site has been in this condition
for over 30 years. To reduce the aesthetic impact of the
setback, various site improvements, such as signage,
landscaping and fencing will be completed on the premises.
4. That the granting of a variance will not adversely affect the General
Plan of the City.
The granting of the variance will not adversely affect the
City's General Plan in any way as the land use designation
of Industrial (IND) allows uses such as the existing asphalt
plant.
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 for Environmental Review No. 00-187 prepared with respect
• to this Project. Pursuant to the California Environmental Quality Act ("CEQA") and the
State CEQA Guidelines, the Mitigated Negative Declaration adequately addresses the
expected environmental impacts of this Project and reflects the Planning Commission's
independent judgment and analysis. 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 approves and adopts the 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 of the City of Santa Ana after conducting
the public hearing hereby approves and adopts the Mitigated Negative Declaration and
• the Mitigation Monitoring Program for Environmental Review No. 00-187.
Resolution No. 2001-60
Page 2 of 3
• Section 4. The Planning Commission of the City of Santa Ana hereby,
approves Variance No. 2001-10 as conditioned in Exhibit "A" attached hereto and
incorporated herein.
ADOPTED this 10th day of December, 2001 by the following vote:
AYES: Commissioners: Cribb, Doughty, Leo, Mondo, Nalle, Richardson (6)
NOES: Commissioners: None (0)
ABSENT: Commissioners: Verino (1)
ABSTENTIONS: Commissioners: None (0)
APPROVED AS TO FORM:
• Joseph W. Fletcher, City Attorney
By:
Kylee Ode
Deputy C Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, LAURA JOHNSON, Planning Commission Secretary, do hereby attest to and certify
the attached Resolution No. 2001-60 to be the original resolution adopted by the
Planning Commission of the City of Santa Ana on Z a
Date: 0 2---
an ~ g Co sion Secretary
City of Sa na
•
Resolution No. 2001-60
Page 3 of 3
• Conditions for Approval for Variance No. 01-10
Variance No. 01-10 is approved subject to compliance, to the reasonable satisfaction of
the Planning Manager, with 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. In addition, it shall meet the following conditions of approval:
The applicant must comply with each and every condition listed below rip or to exercising
the rights conferred by this variance.
The applicant must remain in compliance with all conditions listed below throughout the life
of the variance. Failure to comply with each and every condition may result in the
revocation of the variance.
A. Planning Division
The project site must remain in compliance with the provisions of site plan
review (DP No. 00-76) for this project.
2. Prior to the issuance of a grading permit the applicant shall submit for review
and approval a surface drainage/grading plan/erosion control plan, prepared
. by a registered Civil Engineer, showing the direction and means of flow to
adjacent streets. The plan is to include existing and proposed elevations at
and adjacent to all property lines. Drainage routed to the street must be
directed beneath the sidewalk and through the curb.
3. Prior to issuance of building permits the applicant shall have a closure letter
or other documentation issued by the State Regional Water Quality Control
indicating the project site is free of groundwater contamination. In the event
the monitoring program indicates the presence of groundwater contamination,
the applicant shall have an approved remedial action plan approved by the
State Regional Water Quality Control Board.
4. Prior to issuance of building permits the applicant shall provide proof that they
have coordinated their proposed activities with the Orange County Airport
Land Use Commission.
5. Prior to the issuance of grading permits, the project applicant shall provide
proof of coverage under NPDES General Construction Activity Storm Water
Permit, which includes a copy of the project permit number and two copies of
the Storm Water Pollution Prevention Plan.
6. Prior to the issuance of grading permits, the project applicant shall prepare an
NPDES post-construction storm water management plan per Orange County.
•
EXHIBIT "A"
Page 1 of 2
• 7. Drainage Area Management Plan (DAMP) that includes all structural and non-
structural Best Management Practices for the project.
8. Submit and have approved a surface drainage/utility plan to include all
Structural Best Management Practices.
9. Provide two copies of the Water Quality Management Plan (WQMP) that
includes a description of all-applicable Structural and Non-Structural Best
Management Practices, which would apply to this project.
•
•
EXHIBIT "A"
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