HomeMy WebLinkAboutRESO 2020-20_2230 N TUSTIN (VAR)RESOLUTION NO. 2020-20 Ls 5.26.2020
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING VARIANCE NO.
2019-05 AS CONDITIONED TO ALLOW CONSTRUCTION
OF A DRIVEWAY WITHIN 150 FEET OF AN
INTERSECTION IN THE ARTERIAL COMMERCIAL (C-5)
ZONING DISTRICT FOR THE PROPERTY LOCATED AT
2230 NORTH TUSTIN 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. Behrouz Bozorgnia, representing Farzan Ghadooshahy ("Applicant'), is
requesting approval of Variance No. 2019-05 as conditioned, to allow for a
driveway within 150 feet of an intersection in the Arterial Commercial (C-5)
zoning district at 2230 North Tustin Avenue.
B. Santa Ana Municipal Code ("SAMC") Section 41-428(a) states no entry
way or exit way shall be located within one hundred fifty (150) feet of any
street intersection corner radius. The Applicant is proposing a driveway
approximately 115 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 May 26, 2020, the Planning Commission held a duly noticed public
hearing for Variance No. 2019-05.
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. 2019-05, for vehicle access
within 150 feet of an intersection as required by SAMC Section 41-638:
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.
There are special circumstances related to the existing
dimensions of the property. The property is located at the
southwest corner of Tustin and Santa Clara Avenue and is
currently 112 feet by 150 feet in dimension. In order to
provide safe and direct vehicular access that is needed for
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any commercial business, approval of a variance from the
development standards of the Arterial Commercial zoning
district is required. In addition, the proposed project will
improve the existing conditions by eliminating one (1)
additional driveway to the site along Tustin Avenue,
replacing the driveway in question, and constructing new
curb and sidewalks built to City standards.
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. Vehicular access is
required for the viability of any commercial business,
including service stations that require safe and efficient
movements for fueling trucks, small delivery trucks, and
passenger vehicles. In addition, the proposed tenant
(Chevron) is requesting a driveway along Santa Clara
Avenue to provide direct access for customers traveling
east. The driveway in question would allow for commercial
delivery vehicles and fueling vehicles to exit the site safely.
Santa Clara Avenue is an east -west arterial street which
connects directly to Tustin Avenue. Tustin Avenue connects
directly to the Garden Grove (SR-22) Freeway and provides
local access to east -west arterials. Providing vehicular
access from both Tustin and Santa Clara Avenues will
increase opportunities for sales, and provide safe and
practical on -site circulation.
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 and
Planning and Building Agency reviewed the proposed plans
and did not identify concerns regarding the location of the
driveway. The design of the driveways, drive aisles and
parking areas are safe and practical. Additionally, the
property owner to the south has agreed to grant an
easement which will limit the number of driveways along
Tustin Avenue.
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
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establishments. 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 project site and the adjacent
commercial center, and redevelop a vacant lot. 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 and the
CEQA Guidelines, 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 up to
four buildings 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 service station development is comprised of a 2,600-square foot
convenience store and 2,160-square foot fueling canopy within the Arterial Commercial
zone which allows for service, retail and commercial uses. 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. 2017-83 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, referendum, and other proceedings (whether
legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative
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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.
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. 2019-05 as conditioned in Exhibit A,
attached hereto and incorporated as though fully set forth herein for the project located at
2230 North Tustin 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 May 26, 2020, and exhibits attached thereto; and the public
testimony, written and oral, all of which are incorporated herein by this reference.
ADOPTED this 26'" day of May, 2020.
AYES: Commissioners: MCLOUGHLIN, NGUYEN, PHAN, RIVERA (4)
NOES: Commissioners:
ABSENT: Commissioners:
ABSTENTIONS: Commissioners:
CANO (1)
CONTRERAS- LEO (1)
GARCIA (1)
Mark cLoughlin
Chairperson
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Sonia R. Carvalho, City Attorney
By: -�- (.
Lisa E. Storck
Assistant City Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, SARAH BERNAL, Recording Secretary, do hereby attest to and certify the attached
Resolution No. 2020-20 to be the original resolution adopted by the Planning
Commission of the City of Santa Ana on May 26, 2020.
05-26-2020v�
Date:
Recording Secretary
City of Santa Ana
FPiyF�:YQt3
Resolution No. 2020-20
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EXHIBIT A
Conditions of Approval for Variance No. 2019-05
Variance No. 2019-05 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, the following conditions of approval shall be met:
The Applicant must comply with each and every condition listed below prior to exercising
the rights conferred by this variance.
1. All proposed site improvements must conform to the Site Plan Review (DP No. 2017-
26) 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 landscape and irrigation plan shall 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. The landscape plans shall note construction of a
minimum seven (7) foot tall perimeter wall along the west and southern property lines,
except where prohibited by driveways and required landscape setbacks, and shall be
coated with anti -graffiti coating. The landscape plan shall include the installation of
substantial vines throughout the perimeter walls and portions of the main building's
exterior with no fenestrations.(Modified by Panning commission)
4. Prior to the issuance of a certificate of occupancy, signs must be installed at both
driveway exits to indicate "Right Turn Only'.
5. The hours of operation for the convenience store and service station, including fuel
pumps, shall be limited to between 5:00 a.m. and 12:00 a.m. (midnight), seven days
per week.
6. The air/water machine must provide an automatic shut-off component to cease
operation between the hours of 10:00 p.m. and 7:00 a.m.
7. The Applicant shall be responsible for maintaining the premises free of graffiti. All
graffiti shall be removed within 24 hours of occurrence.
8. The cash register must be visible from the street at all times and shall not be
obstructed at any time by temporary or permanent signage.
9. Window displays and racks must be kept at a maximum height of three (3) feet
including merchandise and cannot obstruct the cashier's view to the outside.
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10. A timed -access cash controller or a money drop safe capable of easily providing the
cashier the ability to quickly deposit money into it must be installed.
11.A silent armed robbery alarm shall be installed prior to issuance of a certificate of
occupancy.
12. There shall be no coin -operated games maintained on the premises at any time.
13. No pay telephones shall be located on the premises.
14."No Loitering/Trespass" signs/placards shall be posted in the parking lot area. The
posted signs must conform to Penal Code Section 602.
15.The Applicant shall provide a Closed Circuit Television System approved by the
Police Department and capable of viewing and recording events inside the premises
with a resolution which will clearly identify individuals for later identification.
16.Clearly distinguishable height markers shall be installed on the inside doorjamb of
all doors used by the public to access the store. Horizontal marks, one -inch wide by
three -inches long, in different colors, and in a contrasting color to the background,
shall be placed every six inches beginning at five feet and ending at six feet six
inches.
17. Exterior lighting shall be shielded and/or directed away from residential areas.
18. Deliveries of goods and services related to items sold inside the convenience store
shall not occur between 10:00 p.m. and 7:00 a.m., with fuel deliveries limited to the
hours between 6:00 p.m. and 10:00 p.m., daily. (Modified by Planning Commission)
19.The use shall be conducted, at all times, in a manner that will allow the quiet
enjoyment of the surrounding neighborhood. The Applicant and/or business owner
shall institute appropriate security and operational measures necessary to comply
with this requirement.
20. A copy of the conditions of approval shall be kept on premises and presented to any
authorized City official upon request.
21. The sale of alcoholic beverages shall be prohibited.
22.The outdoor storage or display of boxes, equipment, materials, merchandise, and
other similar items shall be prohibited.
23.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
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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.);
(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, 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.
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(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.
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