HomeMy WebLinkAboutRESO 2019-32_3323 W WARNER AVENUELS 8.26.19
RESOLUTION NO. 2019-32
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.
The project site has special circumstances related to its
location, surroundings and topography. The proposed t
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
Resolution No. 2019-32
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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
Resolution No. 2019-32
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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:
BENAVIDES, CONTRERAS-LEO, MCLOUGHLIN,
NGUYEN (4)
NOES:
Commissioners:
ABSENT:
Commissioners:
CANO, RIVERA (2)
ABSTENTIONS:
Commissioners:
L
M rk Loughlin
Ch ' person
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
Lisa Storck
Assistant City Attorney
Resolution No. 2019-32
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CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, SARAH BERNAL, Recording Secretary, do hereby attest to and certify the attached
Resolution No. 2019-32 to be the original resolution adopted by the Planning
Commission of the City of Santa Ana on August 26, 2019.
Date: qI'2-& //,-,I
�eJLtQ-�
Recording Secretary
Resolution No. 2019-32
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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
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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.
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