HomeMy WebLinkAboutRESO 2019-33_402 N EUCLID STREET (SETBACK)LS 8.26.19
RESOLUTION NO. 2019-33
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING VARIANCE NO.
2019-04 TO ALLOW A REDUCTION IN MINIMUM LOT
SIZE AND SIDE YARD SETBACK IN ORDER TO
FACILITATE CONSTRUCTION OF A 3,705-SQUARE
FOOT MEDICAL OFFICE BUILDING FOR THE PROPERTY
LOCATED AT 402 NORTH EUCLID 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. Paul Kim with Source Architecture Inc., representing CN Square Office
Building (Applicant) is requesting approval of Variance No. 2019-04 to
allow the construction of a 3,705-square foot medical building on a vacant
substandard lot with reductions in lot size and side yard setback for the
property located at 402 North Euclid Street.
B. 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.
C. On August 26, 2019, the Planning Commission of the City of Santa Ana
held a duly noticed public hearing for Variance No. 2019-04.
D. 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. 2019-04 to allow a reduction in lot size and side yard setback:
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 size,
shape and surroundings. Pursuant to SAMC Section 41-373,
the minimum size of a lot in the subject zone should be
15,000 square feet. The subject lot measures 14,859 square
feet. The site is deficient in size by 141 square feet, which
equates to less than one (1) percent. The lot was legally
combined through a voluntary lot merger which combined
402 and 406 North Euclid Street into a more developable lot.
Furthermore, developing the lot and applying 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 the zoning code.
Requesting that the building provide the necessary side yard
setback requirement of 15 feet would drastically reduce the
size of the building, thereby making the development of the
vacant property unfeasible.
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.
With a limited lot size, denying the Applicant's request to
improve the property will deprive the right to construct a
commercial building, which is otherwise permitted on other
properties within the same vicinity and zone. If the variance
is not granted, the property cannot be developed.
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 lot was legally
created through the merging of two separate vacant lots.
Each of the previously separate lots would not meet the
minimum lot size or street frontage requirements on which to
develop a building. The 402 North Euclid Street parcel was
approximately 4,778 square feet in size, while the 406 North
Euclid Street parcel was approximately 10,081 square feet.
The project has been designed to be compatible with the
neighboring commercial buildings. Furthermore, special
consideration was placed on the design of the lot, building
placement, and perimeter walls in order to guarantee that
the proposed development will not be detrimental to the
public welfare or injurious to the surrounding properties.
4. That the granting of a variance will not adversely affect the General
Plan.
Resolution No. 2019-33
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Along with the application for this variance, a general plan
amendment is also being requested by the Applicant.
Currently, the subject property has a General Plan Land Use
Designation of Low Density Residential (LR-7) which the
Applicant is requesting to change to General Commercial
(GC). Approving the variance would allow the Applicant to
construct a new 3,705 square feet medical building on the
vacant lot. Therefore, the project as a whole will not
adversely affect the General Plan, but rather support the
goals of the city's General Plan. Goal 3.1 of the Land Use
Element supports development which provides a positive
contribution to neighborhood character and identity and Goal
3.5 encourages new development that is compatible in
scale, and consistent with the architectural character of the
neighborhood.
Section 2. In accordance with the California Environmental Quality Act
(CEQA) and the CEQA Guidelines, the recommendation is exempt from further review
pursuant to Section 15303 (Class 3 "New Construction or Conversion of Small
Structures"). The Class 3 Categorical Exemption allows for the construction of new in -fill
commercial buildings in a zone which permits commercial land uses if not involving the
use of hazardous substances where all necessary public services and facilities are
available and the surrounding area is not environmentally sensitive. Based on this
analysis, a Notice of Exemption for Environmental Review No. 2017-50 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
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.
Resolution No. 2019-33
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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. 2019-04 as conditioned in "Exhibit A"
attached hereto and incorporated as though fully set forth herein for the project located
at 402 North Euclid Street. 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 26th 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:
Ma McLoughlin
Chairperson
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
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. 2019-33 to be the original resolution adopted by the Planning
Commission of the City of Santa Ana on August 26, 2019.
Date:
Sarah Bernal
Resolution No. 2019-33
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EXHIBIT A
Conditions for Approval for Variance No. 2019-04
Variance No. 2019-04 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.
Planning Division Conditions:
1. Approval of Variance No. 2019-04 is contingent upon City Council approval of General
Plan Amendment No. 2019-02.
2. All proposed site improvements must conform to Development Project Review (DP No.
2017-19) and the staff report exhibit.
3. 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.
4. 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.
5. 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
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construction site; implementation of proper erosion control, dust control and
noise mitigation measure; adherence to approved project phasing etc.);
t
(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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