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HomeMy WebLinkAbout76-019_ 0. CJL:ag 1/14/76 RESOLUTION NO. 76-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, REVERSING THE ACTION OF THE PLANNING COMMISSION ON VARIANCE APPLICATION NO. 75-53, APPROVING SAID VARIANCE APPLICATION, AND APPROVING APPEAL NO. 357 FILED THEREON BY COUNTRY CROSSROADS CORP. WHEREAS, a public hearing was duly held before the City Council of the City of Santa Ana on October 13, 1975, on Appeal No. 357 filed by Country Crossroads Corp. in opposition to the Planning Commission's denial of Variance Application No. 75-53. NOW, THEREFORE, BE IT RESOLVED, that based on such public hearing and the oral and documentary evidence submitted therein, the City Council of the City of Santa Ana does hereby reverse the action of the Planning Commission denying Variance Application No. 75-53 and does hereby approve said Variance Application No. 75-53 and the amendment thereto, as modified by the attached Findings of Fact, and does hereby approve Appeal No. 357 filed thereon in opposition to the Planning Commission's action as modified by the attached Findings of Fact. BE IT FURTHER RESOLVED, that the City Council hereby adopts the attached Findings of Fact supporting approval of Variance Application No. 75-53. ATTEST: FLOUNCE I. ~,LONE CLERK OF THE COUNCIL STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF SANTA ANA ) SS.: 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 2nd day of February , 1976 and was at said meeting passed and adopted by the following vote, to wit: AYES: COUNCILMEN: Bricken, 0rtiz, Brandt, Ward NOES: COUNCILMEN: Evans ABSENT: COUNCILMEN: Yamamoto, Garthe, None FLORENCE I.~ALqN~ AS TO FOil. ~ KEITH L. GOW, CITY ATTORNEY CITY COUNCIL OF THE CITY OF SANTA ANA FINDINGS OF FACT SUPPORTING APPROVAL OF VARIANCE APPLICATION 75-53 AND THE AMENDMENT THERETO WITH MODIFICATIONS APPLICANT: GAM Holding Corporation ADDRESS & ZONING: 910 West Seventeenth Street AP 5-071-33 C 1 R 1 & R 2 Districts SDM 12-5-10 VA PURPOSE: To construct a self service gas station and a drive-up photo booth on an existing market site in the C 1 District. STAFF RECO~NIENDATION: Approval COMMISSION ACTION & VOTE: DENIED 9/22/75 AYES: NOES: ABSENT: Commissioners Yates, Acosta, Winters Commissioners O'Dell, Ankrum, Gosse Commissioner Griset NOTE: By the rules and regulations governing the operations of the Planning Commission, Resolution No. 6052, a tie vote is deemed to have denied the motion. DETAILS OF PROPOSAL: 1. Description of Proposal: The applicant proposes to locate a self-service gas station and drive-up photo booth on an existing shopping center site. The requested new uses are to be provided in conjunction with the total refurbishing of the existing food market building. The existing building will be modified to be a farmer's market type facility, primarily dealing with fresh produce. Potential other retail uses of the building are bakery, pharmaceuticals, and gift shop. The applicant proposes to refurbish the entire building and develop a theme throughout the property for the existing building and the proposed self-service gas station and drive-up photo booth. The existing building totals 26,960 square feet with 14,760 devoted to retail use and the remaining devoted to storage. The self-service gas station area will be approximately 6,000 square feet (4% of the total lot area). The applicant proposes to provide landscaping along the perim- eter and in the parking area as follows: Total parking area - 67,238 sq. ft. 3% of parking area - 2,017 sq. ft. Total landscaping provided in parking area - 7,634 sq. ft. Gas Station landscaping - 2,508 sq. ft. Total landscaping 10,142 sq. ft. Parking for the project is proposed as follows: Existing parking - Required parking - Proposed parking - Deleted from existing parking - 243 stalls 101 stalls 135 stalls 108 stalls VA 75-53 Page 1 GAM Holding Corporation 2. Area Description: A. Property: The subject property is 438' x 305' containing approximately 133,590 square feet and is located on the southwest corner of Flower and Seventeenth Streets. B. Surrounding Development: North: South: East: West: commercial single family residence and vacant property commercial and apartments church C. Street System: Seventeenth and Flower Streets are both planned arterial highways. D. Comparable Applications or Circumstances: VA 377 permitted construction of Market Basket on subject site. VA 66-106 permitted addition of a drug store (16,000 square feet) to Market Basket site (never constructed), E. Surrounding Zoning: See attached SDM. F. Present Use: Vacant Market Basket building totaling 26,960 square feet. 3. General Plan Compatibility: The adopted General Plan designates the area as a Special Study Corridor. 4. Evaluation of Proposal: The applicant proposes to construct a self-service gas station and a drive-up photo booth on an existing shopping center site. The primary uses (refur- bishment of existing facility and gas station), if considered separately, would not necessitate a variance application inasmuch as the location of the gas station is located in the C 1 District permitting gas station, and the refurbishment is not a modification of the original variance. However, the original variance considered the parcel in total and any modification thereto (addition of drive-up booth and gas station) requires the submittal of a new variance. The property as it presently exists with a vacant food market building and expansive parking area is beginning to deteriorate. The proposal would re- furbish the exterior of the building and add much needed landscaping along the perimeter of the property and interior parking area. With respect to the amount of parking existing versus that which is proposed (from 243 to 135), the total amount still exceeds that amount required for the uses (108 required). The applicant proposes to phase development of the property. Phase I would complete the realignment and landscaping of the parking area and perimeter landscaping along Seventeenth and the construction of the self-service gas station. Phase II would complete the proposal by refurbishing the existing building and realign and landscape the remainder of the parking area. Staff has reviewed this proposed phasing and cannot concur with the phasing develop- ment of this project. It is felt that all landscaping and parking area re- alignment and public improvements should be completed at one time. The development is proposed with a continuous theme with the existing building remaining as the primary use and, therefore, should be developed at one time rather than phasing the development. VA 75-53 Page 2 Holding Corporation Staff feels with the addition of landscaping, refurbishment of the existing building, strict control of permitted retail uses and sign control for the property, the proposal would provide a significant improvement to the property and neighborhood and, therefore, have recommended approval of the request. 5. Reasons for Staff Recommendation: A. The proposed development is in confomance with the adopted General Plan. B. The subject property will be substantially improved by the proposed land- scaping and refurbishment of the existing building. C. The gas station is located in a,zoning district permitting the use and has been integrated into the overall development of the property. If the Commission approves the application, the following standard require- ments must be met: A. PLANNING: l, 3, 4, 13, 14 B. PUBLIC. WORKS: 5, 7, 27, 43 7. The following requirements must also be met: A. Planning: (1) All retail uses of the existing building shall be reviewed and approved by the Planning Department. (2) A complete sign program shall be submitted to the Planning Depart- ment for approval (no pole signs pemitted for gas station). (3) A 6' high 6" block wall fence shall be provided along the southerly and westerly property line separating the use from adjacent residentially zoned property. (4) The development shall provide parking pursuant to provisions of the Santa Ana Municipal Code. (5) The proposed development including all landscaping, parking area realignment and public improvements shall be completed prior to utility release for any individual use. (6) Public That the exits closest to the intersection of Seventeenth and Flower be marked "Right Turn Only" by a sign posted on subject property. Works: (1) Dedications (a) Seventeenth Street: (b) (1) Street easement for a width of 52 feet from construction center line to property line. (2) Vehicular access rights except at street intersection and approved drives. Flower Street: (1) Street easement for width of 40 feet from centerline to property line together with a 25 foot radius spandrel at the southwest corner of Seventeenth Street and Flower Street. (2) Vehicular access rights except at street intersection and approved drives. (2) Improvements (a) Flower Street: Provide for ornamental street lights so that installation may be coordinated with the widening of Flower Street to ultimate. (b) Remove private on-site light standards from the right of way to be dedicated on both Flower Street and Seventeenth Street. VA 75-53 Page 3 GAM HOLDING CORPORATION C. Fire Department: (1) Provisions complying with the 1971 uniform Fire Code shall apply. The installation of underground flam- mable liquid tanks require a permit from the Fire Department. Piping plans of the installation shall be submitted to the Fire Department. D. City Council: (1) That the number of nozzles shall be limited to less than twenty (20), with only one nozzle to be used for diesel fuel. (2) That fuel sales shall be limited to vehicles weighing 6,000 pounds or less. (3) That the applicant shall remove all service station facilities and improvements in the event said service station facilities and improvements are abandoned for service station purposes for a period of six (6) months and shall consent to any further specific abandonment provisions or modification of this provision imposed by the City Planning Staff. 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 prop- erty 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 sur- rounding property; and (d) That the granting of the Variance will not adversely effect the general plan of the City of Santa ~_na. COMPLIANCE WITH CEQA PROCEDURES - NEGATIVE DECLARATION CJL:ag VA 75-53 Page 4