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HomeMy WebLinkAbout76-008CJL .~r s 1-5-76 RESOLUTION NO. 76-8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, AFFIRMING THE ACTION OF THE PLANNING COMMISSION ON VARIANCE APPLICATION NO. 75-46, APPROVING SAID VARIANCE APPLICATION, AND DENYING APPEAL NO. 354 FILED THEREON BY J. OGDEN MARKEL WHEREAS, the Planning Commission having held its public rehearing based on new evidence a public rehearing was thereafter duly held before the City Council of the City of Santa Ana on 3anuary 19, 1976 , on Appeal No. 354 filed by J. Ogden Markel in opposition to the Planning Commission's approval of Variance Application No. 75-46. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Santa Ana hereby rescinds Resolution No. 75-134; and BE IT FURTHER RESOLVED, that based on such public rehear- ing and the oral and documentary evidence submitted therein, the City Council of the City of Santa Aha does hereby affirm the action of the Planning Commission approving Variance Application No. 75-46 and does hereby approve said Variance Application No. 75-46 and does hereby deny Appeal No. 354 filed thereon in opposition to the Planning Commission's action. BE IT FURTHER RESOLVED, that the City Council hereby adopts the attached findings of facts supporting approval of Variance Application No. 75-46. PASSED AND ADOPTED by the City Council of the City of Santa Ana at its regular meeting held on the 19th day of 3anuary , 1976. ATTEST: CLERK OF THE COUNCIL STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SANTA ANA ) I, FLORENCE I. MALONE, do hereby certify that I am the Clerk of the Council of the City of Santa Ana; that the foregoing Resolution was introduced to said Council at its regular meeting held on the 19th day of January , 1976, and was at said meeting passed and adopted by the following vote, to wit: AYES, COUNCILMEN: Yamamoto, Ward~ Bricken~ 0rtiz NOES, COUNCILMEN: Brandt, Evans, Garthe ABSENT, COUNCILMEN: None CLERK OF THE C~0I/NCIL APPROVED AS TO FORM: KEITH L. GOW CITY ATTORNEY CITY COUNCIL OF THE CITY OF SANTA ANA FINDINGS OF FACT SUPPORTING APPROVAL OF VA 75-46 APPLICANT: George Georgieff ADDRESS AND ZONING: 602 W. Edinger AP 13-192-04 R 1 District SDM 24-5-10 VA PURPOSE: To allow a dental laboratory in the R 1 District. STAFF RECOMMENDATION: Approval COMMISSION ACTION & VOTE: Approved 8-11-75 AYES: NOES: ABSENT: ABSTAIN: Commissioners Yates, O'Dell, Ankrum Commissioners Gosse, Winters Commissioner Acosta Commissioner Griset COMMISSION REHEARING TO CONSIDER NEW EVIDENCE; Act/on and Vote Approved 10-28-75 AYES: NOES: ABSENT: Commissioners O'Dell, Acosta, Commissioners None Commissioners Gosse, Griset Ank rum, Yates, Winters REASON FOR ACTION: The proposed use would not be detrimental to the surrounding neighborhood. The proposed use in the existing building will not create an expansion of commercial activity in the area beyond what is existing. 3. The proposed use will not be detrimental to the adopted General Plan. DETAILS OF PROPOSAL: 1. Description of Proposal: The applicant proposes to utilize an existing building (presently converted to a church) for a private dental laboratory. The laboratory will be used in conjunction with the dental offices located on the corner of Parton Street and Edinger Avenue to the West of the subject property. 2. Area Description: A. Property: The subject property i~ a rectangular shaped parcel consisting of approximately 5,750~ with 50 feet of frontage on the service street parallel to Edinger Avenue and 115' in depth along Van Ness. VA 75-46 Page 1 George Georgieff B. Surrounding Development: north - across Edinger, single family residences south - single family residences east - single family residence west - insurance building and dental building C. Street System: Edinger Avenue is a planned arterial highway. Van Ness is designated as a local street. D. Comparable Applications or Circumstances: VA 67-54 permitted a medical office building on property immediately to the west of subject property. VA 2206 at 602 W. Edinger (subject building) permitted the conversion of the grocery store into a real estate office. E. Surrounding Zoning: See attached SDM F. Present Use: Property presently developed with a building 65' x 20' being utilized as a church (permitted by CUP 69-5). 3. General Plan Compatibility: The General Plan of the City designates the area as low density residential. 4. Evaluation of Proposal: The applicant proposes to convert a building presently occupied by a church to a private dental laboratory. The building was originally built as a service station in 1926. The conversion to a grocery store took place sometime prior to 1939. A variance permitted alterations to the store in 1956. The use was subsequently modified by a variance to allow a real estate and insurance office and there after by a conditional use permit to allow a church in 1969. VA 75-9 proposed this private neighborhood as the subject property. The variance application requested the conversion of a single family residence to the proposed use and was denied by Planning commission and City Council on May 5, 1975. The concern expressed in this application was the conversion of a single family home to commercial. Thereby expand- ing commercial uses on Edinger Avenue. dental laboratory in the same immediate The proposed use of property for a dental laboratory, except as an incidental use, is first permitted in the C 2, General Commercial District. On this particular property variances have been previously granted for a continuation of the commercial use of the building, albeit in the R 1 District. A variance was granted allowing the establishment of dental offices to the immediate west of the property and it is those offices which the proposed dental laboratory is intended to serve. VA 75-46 Page 2 George Georieff Inasmuch as the building is existing and has for several years been utilized as a commercial activity of some variety, staff does not feel the proposal would be introducing a new imcompatible use nor would establish a trend for increasing commercial activity in this area along Edinger Avenue. In addition, the dental offices to be served are on the abutting property, thereby decreasing the concern of increased traffic. Because of the immediate proximity of the dental offices which the proposed use will service, the parking spaces indicated (5) should be sufficient. 5. Reasons for Staff Recommendation: e A. The proposed use would not be detrimental to the surrounding neighborhood. Be The proposed expansion of existing. use in the existing building will not create an commercial activity in the area beyond what is C. The proposed use will not generate a significant traffic increase to the'site. D. The proposed use will not be detrimental to the adopted General Plan. If the Commission approves the application, the following standard requirements must be met: A. Planning: 1, 2, 3, 14 B. Public Works: 5, 28, 41, 43 7. The following requirements must also be met: A landscape plan be submitted to the Planning Department exhibiting two landscape areas along the Edinger Avenue frontage. Landscape locations to be approved by the Planning Department. The existing roof sign on the building shall be removed and not replaced. Signing for subject use shall be approved by the Planning Department. C. The exterior of the building shall be painted and maintained in a manner meeting approval of the Planning Department. D. The parking spaces provided for subject use shall be restriped in accordance with applicable provisions of the Municipal Code. The proposed facility shall be limited to providing dental laboratory services for the doctors at the dental offices at 616 & 620 W. Edinger Avenue. F. A document shall be filed with the City binding the property immediately to the west (insurance building to subject property.) G® That the building presently used as an insurance office and located immediately to the west of the building proposed for the medical laboratory be demolished within 90 days after the discontinued use by the present occupant and converted into parking meeting the approval of the Planning Department. VA 75-46 Page 3 C~orge Georieff That the required CC & R's be expanded to also bind the lot where the present medical office is located to the previously stated parcels or that an acceptable joint parking agreement be required to meet Planning Department approval in favor of the existing medical office building. Public Works Submit a revised plot plan showing ultimate right of way on Van Ness Avenue and closing the northerly drive approach on Van Ness Avenue to City standards. J. Dedications - Van Ness 1) Street easement for a width of 30' from centerline to property line together with a 15 foot radius spandrel at the southwest corner of Edinger Avenue and Van Ness Avenue. K. Improvements - Van Ness Avenue 1) Close northerly drive approach to City standards.. Fire Department Provisions complying with the Uniform Fire Code, 1971 and NFPA Standard 56F-1973. Plans showing the complete nitrous oxide, oxygen and/or any mixtures shall be submitted for approval by the Fire Department prior to the issuance of a building permit. 8. General Findings~ (a) 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 pro- perty of privileges not otherwise at variance with the intent and purpose of the provisions of Chapter 41 of the Santa Ana Municipal Code; and (b) That the granting of the Variance is necessary for the preservation and enjoyment of one or more substantial property rights; and (c) That the granting of the Variance will not be materially detrimental to the public welfare or injurious to surrounding properby; and (d) That the granting of the Variance will not adversely effect the general plan of the City of Santa Ana. The Memorandum of the Chairman of the Planning Con~nission, dated November 11, 1975, attached hereto as Exhibit "A" is, by this reference incorporated herein as though fully set forth and made a part of these Findings of Fact. COMPLIANCE WITH CEQA PROCEDURES, NEGATIVE DECLARATION VA 75-46 Page 4 MEMORANDUM_, T, City Council F, : Planning Can~nt~ton Subject: Reconsideration of V)ri~nce 75-46 Date Nnv~mh~ ll; lC)7~ At your September 15, 1975 meeting, the City Council voted to reconsider subject variance application 75-46 based upon the applicant~ statements at that meeting that new information or testimony relative to this case should be heard. As a result, the City Council referred this case back to the Planning Commission for reconsideration of new evidence and testimony and that Commission report back to Council on the Commission's findings. Due to the nature and previous actions concerning this case, it was renoticed to all property owners within 300 feet of the property under consideration. This notification procedure is identical to that required for all original variance: or conditional use permit~applications in conformance with the Santa Ana Municipal Code. The Planning Commission on October 28, 1975 held a duly noticed public hearing on this item to consider new evidence and testimony concerning subject application from all interested parties. N~ EVIDENCE AND TESTIMONY New evidence and testimony was received concerning the following items: A proposed site plan rearranging the parking layout on the parcels of property containing the existing church building and existing insurance building and providing for an integrated site plan involving these parcels. This proposal resulted in the provision of 13 legal parking spaces meeting all Code requirements and 3 additional parking spaces which did not meet Code requirements but could be considered usable. To accomplish this additionai parking, the existing garage and existing rest room buildings located on the church parcel were proposed for removal. In addition, the applicant indicated his agreement to remove the existing insurance building within 90 days after its discontinued use by the present occupant and convert that area into parking meeting the approval of the Planning Department. The removal of this.building and subsequent redesign of the parking area would result in 6 additional parking spaces being provided for a total of 19 parking spaces meeting Code requirements, 3 parking spaces not meeting Code requirements but considered usable for a potential of 22 parking spaces. The original site plan submitted at the time Variance 75-46 was considered by both Conmission and Council indicated a total of l0 parking spaces, 7 of which appear to meet Code requirements, 3' which did not meet Code requirements but could be considered usable .* .... .'! ~' EXHIBIT "A" City Council Reconsideration of Variance 75-46 November 11, 1975 Page 2 Opponents testimony was primarily directed to the present inadequacy of parking in the general area which primarily resulted from the existing medical office located in the southeast corner of Edinger and Patton Place. FINDINGS That the applicant for Variance 75-46 has provided new evidence and testimony and indicated a willingness to conform to specific conditions which v~uld result in a substantial increase in parking in the area..~.Th~:s parking proposal should sighif.i.cantly relieVe the parking prob%~m in %h~t'area; !' RECOMMENDATION That the City Council reconsider and approve Variance 75-46 with all previously recommended conditions of Variance 75-46 and the additional conditions indicated in the Planning Commission minutes and'revised site plans as submitted for the reconsideration of this Variance. EVERETT WINTERS, CHAIRMAN SANTA ANA PLANNING COMMISSION COUNCIL ACTION Florence I. Malone, Clerk of the Council