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HomeMy WebLinkAbout2 - VAR19-03_3323 W WARNER AVENUE2 - 1 2 - 2 2 - 3 2 - 4 EXHIBIT 1 2 - 5 This page left blank intentionally. 2 - 6 LS 8.26.19 RESOLUTION NO. 2019-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2019-03 AS CONDITIONED TO INCREASE THE ROOF HEIGHT OF AN INDUSTRIAL BUILDING TO 50 FEET FOR THE PROPERTY LOCATED AT 3323 WEST WARNER 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. Jonathan Matson, representing Aluminum Precision Products (Applicant), is requesting approval of Variance No. 2019-03 to increase the roof height of an existing industrial building to 50 feet for the property located at 3323 West Warner Avenue. Buildings in the Light Industrial (M-1) zoning district are limited to a maximum height of 35 feet. B. The request to allow the building height of a portion of the building to 50 feet originates from the need to house a new hydraulic press machine that does not fit within the existing roof height. C. Pursuant to Santa Ana Municipal Code (SAMC) Section 41-638, the Planning Commission is authorized to review and approve variances from the development standards set forth by the Santa Ana Municipal Code. D. Variance No. 2019-03 came before the Planning Commission of the City of Santa Ana on August 26, 2019, for a duly noticed public hearing. E. The Planning Commission of the City of Santa Ana determines that the following findings, which must be established in order to grant a Variance pursuant to SAMC Section 41-638, have been established for Variance No. 2018-03 to increase the height of an existing building to 50 feet: 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. 2 - 7 Resolution No. 2019-xx Page 2 of 7 The project site has special circumstances related to its location, surroundings and topography. The proposed hydraulic press requires modification of the current building above the allowable maximum height per the zoning district. The hydraulic press is built to specific dimensions that require high ceilings regardless of the square-footage that the machine encompasses. Within the Light Industrial M-1 zoning district, there is a requirement to place all equipment within the building or to provide a screen capable of screening the item from public view. By allowing the machine to be installed inside the building, Aluminum Precision Products will be consistent with the other industrial properties in the near vicinity. Finally, the roof extension is proposed towards the rear portion of the building which promotes less visible impacts of the overall height. Finally, the subject property is located within an industrial area. No sensitive land uses are located within a 2,000-foot radius. 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of this variance is necessary for the preservation and enjoyment of substantial property rights. Allowing a small portion (<1%) of the roof to be constructed to a height of 50 feet, would allow the business owner the ability to provide the necessary infrastructure to house new equipment that would allow the business to remain competitive with other businesses in the area. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of this variance will not be detrimental to the public or surrounding properties. The subject site was constructed with a warehouse/office building and was first occupied by a manufacturing use. The project would allow the business to continue operating as it has for almost 25 years. The site and business operation will continue to operate within the required industrial operational standards and therefore will not be detrimental to the public welfare or injurious to the surrounding properties. Further, having the installation of the large new machine within the building will promote the potential for creating less noise and vibration impacts onto the adjacent properties, thereby benefitting the surrounding property. Finally, the area of the roof affected by the height increase is 1,800 square feet, which is less than one percent of the total square footage of the building 2 - 8 Resolution No. 2019-xx Page 3 of 7 and is only a small fraction of the total roof surface area. The specific location where the roof will be modified is located towards the rear of the building, where it will be less visible from the street right-of-way. 4. That the granting of a variance will not adversely affect the General Plan of the city. The subject property has a General Plan Land Use Designation of Industrial (IND) which is implemented with the Light-Industrial (M-1) zoning designation. Approving the variance would allow the Applicant to continue operating the manufacturing-type business. Therefore, the project will not adversely affect the General Plan, but rather support the goals of the city’s General Plan. Goal 2.8 and 2.9 of the Land Use Element supports development which promotes rehabilitation of commercial properties and increased levels of capital investment, as well as, supporting developments that create a business environment that is safe and attractive. Section 2. In accordance with the California Environmental Quality Act (CEQA), the recommendation is exempt from further review pursuant to Section 15301 (Class 1 “Existing Facilities”). Class 1 exemptions consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alterations of existing public or private structures, facilities involving no expansion at the time of the lead agency's determination. No new building square footage is proposed as part of the project. The area of the roof affected by the height increase is 1,800 square feet, which is less than one percent of the total square footage of the building and is only a small fraction of the total roof surface area. The specific location where the roof will be modified is located towards the rear of the building, where it will be less visible from the right-of-way. Based on this analysis, a Notice of Exemption for Environmental Review No. 2018-84 will be filed for this project. Section 3. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, and other and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively “Actions”), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the Project, whether such Actions are brought under the Ralph M. Brown 2 - 9 Resolution No. 2019-xx Page 4 of 7 Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City’s defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Section 4. The Planning Commission of the City of Santa Ana, after conducting the public hearing, hereby approves Variance No. 2019-03 as conditioned in “Exhibit A” attached hereto and incorporated as though fully set forth herein for the project located at 3323 West Warner Avenue. 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 August 26, 2019, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 26h day of August 2019 by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: _______________________ Mark McLoughlin Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:________________________ Lisa Storck Assistant City Attorney 2 - 10 Resolution No. 2019-xx Page 5 of 7 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2019-xx to be the original resolution adopted by the Planning Commission of the City of Santa Ana on August 26, 2019. Date: ________________ ____________________________________ Recording Secretary 2 - 11 Resolution No. 2019-xx Page 6 of 7 EXHIBIT A Conditions for Approval for Variance No. 2019-03 Variance No. 2019-03 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 below prior to exercising the rights conferred by this variance. The Applicant must remain in compliance with all conditions listed below throughout the life of the development project. Failure to comply with each and every condition may result in the revocation of the variance. A. Planning Division Conditions: 1. All proposed site improvements must conform to Development Project Review (DP No. 2018-24) and the staff report exhibit. 2. Any amendment to this variance, including modifications to approved materials, finishes, architecture, site plan, landscaping, parking, and square footages must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or if variance must be amended. 3. Prior to submittal into building plan check, 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. 4. Within thirty (30) days of approval of this variance, 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 Property 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 2 - 12 Resolution No. 2019-xx Page 7 of 7 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 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 Property 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 Property Maintenance Agreement. (g) The Property 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. 2 - 13 This page left blank intentionally. 2 - 14 EXHIBIT 2 2 - 15 This page left blank intentionally. 2 - 16 7/15/2019 . apps.spatialstream.com/production/dashboard/8/9/0/CurrentBuild/html/Reporting.html 1/1 VARIANCE NO. 2019-03, ALUMINUM PRECISION PRODUCTS3323 WEST WARNER AVENUE EXHIBIT 2 - VICINITY ZONING AND AERIAL VIEW © 2019 Digital Map Products. All rights reserved. Santa Ana Boundary Zoning 250 feet 2 - 17 This page left blank intentionally. 2 - 18 EXHIBIT 3 2 - 19 This page left blank intentionally. 2 - 20 2 - 21 This page left blank intentionally. 2 - 22 EXHIBIT 4 2 - 23 This page left blank intentionally. 2 - 24 2 - 25 This page left blank intentionally. 2 - 26 EXHIBIT 5 2 - 27 This page left blank intentionally. 2 - 28 2 - 29 This page left blank intentionally. 2 - 30 EXHIBIT 6 2 - 31 This page left blank intentionally. 2 - 32 2 - 33 This page left blank intentionally. 2 - 34