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HomeMy WebLinkAboutRESO 2019-10_1703 E 17TH STREET (VAR NO. 2018-13)RESOLUTION NO. 2019-10 LS 2.25.19 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2018-13 AS CONDITIONED TO ALLOW CONSTRUCTION OF A NEW DRIVEWAY WITHIN 150 FEET OF AN INTERSECTION AT 1703 EAST SEVENTEENTH STREET 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. Leon Felus, representing Redondo Auto Spa ("Applicant'), is requesting approval of Variance No. 2018-13 as conditioned, to allow for a reduction in required driveway distance within 150 feet of an intersection at 1703 East Seventeenth Street. B. 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 construct a new driveway approximately 142 feet from the street intersection corner radius. C. 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. D. On February 25, 2019, the Planning Commission held a duly noticed public hearing for Variance No. 2018-13. E. 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. 2018-13 for vehicle access within 150 feet of an intersection 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. There are special circumstances applicable to the subject property. The subject site is located on the northeast corner of Seventeenth and Mabury Streets. The project site has a major public utility power pole located adjacent to the entryway on Seventeenth Street. There is no feasible option to relocate the major utility power pole with high voltage Resolution No. 2019-10 Page 1 of 7 service lines and transformers. The variance will allow the Applicant the ability to use the property in a manner that is consistent with similar surrounding commercial uses. The Arterial Commercial (C5) zoning district was envisioned to create a strong and viable commercial district with systematic development and landscaping standards. 2. That the granting of a variance is necessary for the preservation and enjoyment of one (1) or more substantial property rights. The granting of the variance for entryway location will preserve the property owner's ability to construct an automatic car wash that meets the current industry and development standards as well as the City's and State's Building and Fire codes. The granting of the variance will contribute the overall success of the Seventeenth Street Corridor as a major commercial corridor in the City as a whole. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of the variance will not be materially detrimental to the public welfare or injurious to the surrounding property. The site will have safe and convenient access to accommodate patrons through the entry way on Seventeenth Street. The proposed entry way to the Rocket Express Car Wash is located within 142 feet of the intersection and 10 feet away from the major public utility power pole as it will not result in a negative impact to the adjacent commercial or residential neighborhoods. Conditions have been placed to ensure that the site will be in compliance with all other development standards applicable to the property. 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 General Plan of the City as the proposed automatic car wash use is consistent with Goals 1 and 2 of the Land Use Element of the General Plan. These goals encourage uses such as car wash that promote a balance of land uses to address basic community needs and which enhance the City's fiscal viability. In addition, the project is consistent with Policy 2.2 of the Land Use Element, which supports commercial uses that accommodate the City's needs for goods and services. Furthermore, Policy 2.8 of the Land Use Element promotes the re -investment of commercial properties, and encourages increased levels of capital investment. Significant site improvements and the construction of a brand new automatic car wash will occur on the site that will enhance the overall Resolution No. 2019-10 Page 2 of 7 appearance of the Seventeenth Street Corridor, thereby resulting in an increase in investment on the site and surrounding properties. Finally, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. The proposed automatic car wash use will be located in a commercial area and their operations will be compatible with the surrounding commercial businesses. 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 new small facilities or structures, which in an urbanized area is defined as up to four commercial buildings not exceeding 10,000 square feet in floor area, on sites zoned for such use, not involving the use of significant amounts of hazardous substances, where all necessary public services and facilities are available and the surrounding area is not environmentally sensitive. The proposed building contains 4,292 square feet within the Arterial Commercial (C-5) zoning district, which allows for service, retail and commercial uses. The proposed development 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. 2018-116 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. 2018-13, as conditioned in Exhibit A, attached hereto and incorporated herein for the project located at 1703 East Seventeenth Street. 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 February 25, 2019, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. *Signature page follows* Resolution No. 2019-10 Page 3 of 7 ADOPTED this 25t1 day of February, 2019 AYES: Commissioners: ALDERETE, BENAVIDES, CANO, CONTRERAS-LEO, MCLOUGHLIN, NGUYEN, VERINO (7) NOES: Commissioners: NONE (0) ABSENT: Commissioners: NONE (0) ABSTENTIONS: Commissioners: NONE (0) APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:r J Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2019-10 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on February 25, 2019. Date: ZIZ-'�IIh ;"k Jt/�� Recording Secretary City of Santa Ana Resolution No. 2019-10 Page 4 of 7 EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2018-27 and Variance No. 2018-13 Variance No. 2018-13 to allow a reduction in driveway distance 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. 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. 1. All proposed site improvements must conform to the Site Plan Review (DP No. 2018- 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. The installation and/or use of air/blower guns at the site is prohibited. 4. Hours of operation shall be from 8:00 a.m. to 9:00 p.m. 5. Roll -up doors shall be provided on both ends of the car wash tunnel and shall be lowered when the car wash is in operation to restrict noise and shall restrict access to the car wash tunnel during non-operating hours. 6. Vacuuming equipment shall not be available or functional during non-operating hours. 7. Onsite employees shall be responsible for the removal of all litter and trash from the site each day. 8. Inoperable or malfunctioning equipment shall be repaired or replaced in a timely manner. 9. There shall be no overnight parking of vehicles on site. 10. Customer restrooms shall be locked during all non-operating hours. 11. There shall be no outdoor speakers or any other sound amplifying devices installed on the site. Resolution No. 2019-10 Page 6 of 7 12. Prior to Building Division plan check submittal, the Applicant shall submit a technical noise study prepared by a professional firm specializing in preparation of noise studies to the City for review by the Planning Division, Police Department, and Code Enforcement Division that demonstrates that the proposed design and equipment of the car wash will conform to City noise ordinances and will minimize noise impacts on adjacent properties. The Applicant shall, to the best of his or her abilities and at his or equipment into compliance with City noise ordinance standards, to the satisfaction of the Planning and Building Agency and Police Department. The Applicant shall submit an updated and revised noise study based on updated field measurements within one (1) month of commencement of operations, and again on the one-year anniversary of the commencement of operations, to ensure compliance with the City's noise ordinances. 13. 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 vacuum areas from view. The plan shall be designed to preserve the existing mature trees on the property edges where possible. The landscape plan shall also include a solid, minimum eight -foot block wall on the north and east sides of the property, except where openings are required for egress purposes. Lights facing the alley shall be installed at regular intervals along the portion of the block wall across the northern property line to illuminate the alley. The lights shall be designed to illuminate the alley up to an eight -foot level and shall be designed to eliminate light intrusion into the neighboring residential land uses. 14. Prior to release of Certificate of Occupancy, a traffic signal shall be constructed in full accordance with City of Santa Ana standards and the letter dated February 21, 2019 attached as Exhibit B to this Resolution at the intersection of Mabury and Seventeenth streets. The traffic signal shall be installed without any cost to the City or reimbursement to the Applicant and is to be fully funded, including any and all required and related improvements, by the developer. 15. 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: Resolution No. 2019-10 Page 6 of 7 (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.); (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 Applicant 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, 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. 2019-10 Page 7 of 7 C