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HomeMy WebLinkAboutRESO 2019-05_2701 N GRAND AVENUERESOLUTION NO. 2019-05 Ls 1.28.19 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2018-12 AS CONDITIONED TO ALLOW FOR A REDUCTION IN REQUIRED LANDSCAPE SETBACKS AND UTILIZATION OF TWO EXISTING DRIVEWAYS WITHIN 150 FEET OF AN INTERSECTION AT 2701 NORTH GRAND AVENUE 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. Amir Houriani, representing Grand Avenue Properties, LLC ("Applicant'), is requesting approval of Variance No. 2018-12 as conditioned, to allow for a reduction in required landscape setbacks and utilization of two existing driveways within 150 feet of an intersection at 2701 North Grand Avenue. B. Santa Ana Municipal Code (SAMC) Section 41-427 requires a 15 -foot minimum landscape setback from front and street -side yards. The Applicant is proposing a 14 -foot landscape setback from Grand Avenue, which will be further reduced to 10 feet due to a four (4) -foot irrevocable offer to dedicate requirement, and a 10 -foot yard landscape setback from Fairhaven Avenue. C. Santa Ana Municipal Code (SAMC) Section 41-428 states no entry way or exit ways shall be located within one hundred fifty (150) feet of any street intersection corner radius. The Applicant is proposing to utilize two existing driveways that are approximately 85 and 115 feet from the street intersection corner radius. D. Pursuant to SAMC Section 41-638, the Planning Commission is authorized to review and approve the variance for this project as set forth by the Santa Ana Municipal Code. E. On January 28, 2019, the Planning Commission held a duly noticed public hearing for Variance No. 2018-12. F. The Planning Commission of the City of Santa Ana has considered the information and determines that the following findings, which must be established in order to grant Variance No. 2018-12(a), for a reduction in required landscape setbacks as required by SAMC Section 41-638: 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. Resolution No. 2019-05 Page 1 of 9 There are special circumstances related to the existing size of the property. The property is located at the northeast corner of Grand and Fairhaven avenues and contains 18,483 square feet. In order to meet the City's minimum standards to ensure safe and efficient onsite circulation, the project site requires the drive-through lane and building to be placed closer to the intersection, resulting in a loss of approximately five (5) feet of landscape setback on Grand and Fairhaven Avenues. Without the reduction in landscape setbacks, the project would need to be redesigned, resulting in: a loss of approximately half (7) of its off-street parking spaces; a reduction in drive -aisle and/or drive-through lane widths, creating onsite circulation hazards; or a smaller building footprint, reducing the building's interior dining room. The parcel's compact size and the City's four -foot irrevocable offer requirement justify the applicant's request for a landscape setback variance. Finally, the Citywide Design Guidelines encourage new buildings to be located closer to streets in an effort to improve urban design and promote pedestrian activity. Specifically, Chapter 9 (Commercial Design Guidelines), Section 9.3.2 encourages buildings to be placed closer to street frontages, with parking areas behind. Placing the proposed building closer to the intersection of Grand and Fairhaven avenues, with the proposed drive-through lane, necessitates approval of the landscape setback reduction in order to meet this design guideline. 2. That the granting of a variance is necessary for the preservation and enjoyment of one (1) or more substantial property rights. Granting this variance is necessary for the preservation and enjoyment of substantial property rights. Drive-through facilities are fundamental to the success of many new Starbucks projects, including those recently approved in Santa Ana. In order to facilitate construction of a safe and efficient site that meets the City's access, circulation, and parking codes, a reduction in landscape setbacks is required. Finally, the reduction enables the building to be located closer to the nearby street frontages, assisting with the project's meeting of City design guidelines that encourage buildings placed closer to streets. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. Granting this variance will not be detrimental to the public or surrounding properties. The Public Works Agency reviewed the proposed plans and did not identify concerns regarding Resolution No. 2019-05 Page 2 of 9 the location of the drive-through lane, onsite circulation (drive - aisles) and parking areas. The design of the driveways, drive aisles and parking areas are safe and practical. 4. That the granting of a variance will not adversely affect the General Plan of the city. The variance for vehicle access will not adversely affect the General Plan. The project is located in a General Commercial (GC) General Plan land use designation which allows for commercial uses such as retail, service and eating establishment uses. The project is consistent with several goals and policies of the General Plan, including the Economic Development Element, Land Use Element, and Urban Design Element. Land Use Element Goal 1 promotes a balance of land uses to address basic community needs. Policy 1.10, encourages the location of commercial centers at arterial roadway intersections in commercial districts. The project will provide for a new commercial building on two arterial streets. Land Use Element Goal 2 promotes land uses that enhance the City's economic and fiscal viability. Policy 2.8, promotes rehabilitation of commercial properties, and encourages increased levels of capital investment. The driveway will contribute to the viability of the commercial center in which it is located and the existing building will be rehabilitated to match the design of the new building. Policy 2.9, supports developments that create a business environment that is safe and attractive. The Condition of Approval for property maintenance will maintain a safe and attractive environment in the community. Economic Development Element Goal 2 maintains and enhances the diversity of the City's economic base. Policy 2.3 encourages the development of mutually beneficial and supportive business clusters within the community. Urban Design Element Goal 1 improves the physical appearance of the City through development of districts that project a sense of place, positive community image and quality environment. Specifically, Policy 1.5 enhances architectural forms, textures, colors, and materials for all projects. G. The Planning Commission of the City of Santa Ana has considered the information and determines that the following findings, which must be established in order to grant Variance No. 2018-12(b), for vehicle access within 150 feet of an intersection as required by SAW Section 41-638: 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 Resolution No. 2019-05 Page 3 of 9 to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this Chapter. There are special circumstances related to the existing dimensions of the property. The property is located at the northeast corner of Grand and Fairhaven avenues and contains 18,483 square feet. In order to provide vehicular access which is needed for any commercial business, a variance from the development standards of the Arterial Commercial (C-5) zoning district is required. In addition, the project proposes to utilize existing legal -nonconforming driveways; no new driveway cuts are proposed, and both existing driveways will be reconstructed to improve safety for vehicles, pedestrians, and ADA access. In addition, the proposed project will improve the existing conditions by reconstructing new curb and sidewalks constructed to City standards and allowing the site to be developed with a commercial use and drive-through window service without negatively affecting the adjacent commercial property. That the granting of a variance is necessary for the preservation and enjoyment of one (1) or more substantial property rights. Granting this variance is necessary for the preservation and enjoyment of substantial property rights. Vehicular access is required for the viability of any commercial business. The proposed tenant Starbucks is requesting to utilize two existing driveways along Grand and Fairhaven avenues to provide direct access for customers traveling in multiple directions, which will reduce impacts on any one particular street frontage. Grand Avenue is a north -south arterial street with access to the Garden Grove (SR -22) Freeway and provides local access to east -west arterials such as Fairhaven Avenue. Providing vehicular access from both Grand and Fairhaven avenues will increase opportunities for sales and will reduce vehicular impacts to the overall site. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. Granting this variance will not be detrimental to the public or surrounding properties. The Public Works Agency reviewed the proposed plans and did not identify concerns regarding the location of the driveways. The design of the driveways, drive aisles and parking areas are safe and practical. Additionally, the property owner for the adjacent, multiple - tenant commercial development did not want vehicles from the subject property to negatively impact their site, so the Resolution No. 2019-05 Page 4 of 9 driveways will provide customers with direct access to the subject site. 4. That the granting of a variance will not adversely affect the General Plan of the city. The variance for vehicle access will not adversely affect the General Plan. The project is located in a General Commercial (GC) General Plan land use designation which allows for commercial uses such as retail, service and eating establishment uses. The project is consistent with several goals and policies of the General Plan, including the Economic Development Element, Land Use Element, and Urban Design Element. Land Use Element Goal 1 promotes a balance of land uses to address basic community needs. Policy 1.10, encourages the location of commercial centers at arterial roadway intersections in commercial districts. The project will provide for a new commercial building on two arterial streets. Land Use Element Goal 2 promotes land uses that enhance the City's economic and fiscal viability. Policy 2.8, promotes rehabilitation of commercial properties, and encourages increased levels of capital investment. The driveway will contribute to the viability of the commercial center in which it is located and the existing building will be rehabilitated to match the design of the new building. Policy 2.9, supports developments that create a business environment that is safe and attractive. The Condition of Approval for property maintenance will maintain a safe and attractive environment in the community. Economic Development Element Goal 2 maintains and enhances the diversity of the City's economic base. Policy 2.3 encourages the development of mutually beneficial and supportive business clusters within the community. Urban Design Element Goal 1 improves the physical appearance of the City through development of districts that project a sense of place, positive community image and quality environment. Specifically, Policy 1.5 enhances architectural forms, textures, colors, and materials for all projects. Section 2. In accordance with the California Environmental Quality Act, the project is exempt from further review per Section 15303 of the Guidelines for the California Environmental Quality Act. The Class 3 exemption applies to the construction of small structures, which in an urbanized area is defined as a building not exceeding 10,000 square feet in floor area, on sites zoned for such use, not using significant amounts of hazardous substances, where public services are available and the surrounding area is not environmentally sensitive. The proposed building contains 1,612 square feet within the Arterial Commercial (C-5) zoning district, which allows for service, retail and commercial uses. The proposed Resolution No. 2019-05 Page 5 of 9 tenant is not anticipated to use significant amounts of hazardous substances. There are public services available through the City of Santa Ana and the Orange County Fire Authority and the surrounding area is not environmentally sensitive. As a result, Categorical Exemption, Environmental Review No. 2017-116 will be filed for this project. Section 3. The Applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the project, including without limitation, any environmental review or approval, except to the extent caused by the sole negligence of the City of Santa Ana. Section 4. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Variance No. 2018-12, as conditioned in Exhibit A, attached hereto and incorporated herein for the project located at 2701 North Grand Avenue. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Request for Planning Commission Action dated January 28, 2019, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 28th day of January, 2019. AYES: Commissioners: Cano, Contreras -Leo, McLoughlin, Nguyen, Verino (5)\ NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: Alderete, Benavides (2) M r M oughlin Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: 6y, . Lisa Storck Assistant City Attorney Resolution No. 2019-05 Page 6 of 9 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2019-05 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on January 28, 2019. Date: �jnllol SW10 Recording Secretary City of Santa Ana Resolution No. 2019-05 Page 7 of 9 EXHIBIT A Conditions of Approval for Variance No. 2018-12 Variance No. 2018-12 to allow a reduction in required landscape setbacks and driveway distances from an intersection 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 California Building Standards Code, and all other applicable regulations. In addition, they shall meet the following conditions of approval: The Applicant must comply with each and every condition listed belowrip or t0 exercising the rights conferred by this variance. 1. All proposed site improvements must conform to the Site Plan Review (DP No. 2017-33) and the staff report exhibits. 2. Any amendment to this variance must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the variance must be amended. 3. Prior to the issuance of a building permit, a full landscape and irrigation plan is to be submitted for review and approval. The landscape plan shall conform to the commercial landscape standards, Citywide Design Guidelines, and the City's Water Efficient Landscape Ordinance, and shall feature a berm to assist with screening the drive- through lane from view. 4. Prior to the issuance of a building permit, a Property Maintenance Agreement must be recorded against the property. The agreement will be subject to review and applicability by the Planning and Building Agency, the Community Development Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained, Developer (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the Applicant) shall execute a maintenance agreement with the City of Santa Ana which shall be recorded against the property and which shall be in a form reasonably satisfactory to the City Attorney. The maintenance agreement shall contain covenants, conditions and restrictions relating to the following: (a) Compliance with operational conditions applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing etc.); Resolution No. 2019-05 Page 8 of 9 (b) Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including but not limited to hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses, (c) Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable; (d) Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable); (e) If Developer and the owner of the property are different (e.g., if the Applicant is a tenant or licensee of the property or any portion thereof), both the Applicant and the owner of the property shall be signatories to the maintenance agreement and both shall be jointly and severally liable for compliance with its terms. (f) The maintenance agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties and obligations and responsibilities set forth under the maintenance agreement. (g) The maintenance agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property. The maintenance agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City. (h) The execution and recordation of the maintenance agreement shall be a condition precedent to the issuance of final approval for any construction permit related to this entitlement. Resolution No. 2019-05 Page 9 of 9 A