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HomeMy WebLinkAbout94-014 - Approving Variance No. 91-003REL: 4/1/9~ RESOLUTION NO. 94- 014 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 91-003, TO ALLOW TO ALLOW USE OF A BUILDING LOCATED AT 111-121 EAST POMONA STREET AS A CHURCH WITH VARIANCES FROM LANDSCAPING, SETBACK AND PARKING REGULATIONS WHEREAS, this Council held a public hearing on March 21, 1994, on Variance Application NO. 91-003, to allow: (1) A waiver of the requirement for a 15-foot setback along street frontages. (2) A reduction in off-street parking requirements to 52 parking spaces. (3) A reductions in parking area landscaping areas from 15 to 3. (4) A trash enclosure in the front yard setback area. (5) A 23-foot high building within 10 feet of residentially zoned and used property. (6) The absence of a six-foot high masonry wall along property lines abutting residentially zoned or use property. for a proposed church in an existing building located at 112-122 East Pomona Street and 111-121 East Berkeley Street; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: 1. Based upon the evidence submitted at the abovesaid hearing this Council finds and determines as follows: A. Because of special circumstances applicable to the subject property, the strict application of the zoning regulations would deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter; Because of the small size of the congregation of the church and the relatively small use of automobiles by members of that congregation, the strict application of the off-street parking requirements would be an unreasonable hardship on the church. The site is already developed with existing buildings and a strict application of landscaping and other development standards would require major modifications in those buildings which would be an unreasonable financial hardship on the church. The use of the existing buildings by the church, and the reduced parking, will not cause adverse effects at variance with the intent and purpose of the zoning regulations. B. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights; The ability to use the property for church purposes is a substantial property right. Page 2 c. That the granting of a variance will not be materially detrimental to ths public welfare or injurious to surrounding property; Because the low use of automobiles by the members of the church there will not be adverse impacts on surrounding property. The church itself will be a benefit to the surrounding community. D. That the granting of a variance will not adversely affect the General Plan of the City; The granting of the variance will not adversely affect the goals,objectives and policies of the General Plan. 2. The approval of Variance No. 91-003 is subject to the conditions set forth in Exhibit A, attached hereto and incorporated herein by reference. 3. The Executive Director of Planning and Building Safety is directed to report to this council, approximately one year from this date, on the use of the subject property as a church and the compliance by the church with the conditions of approval of Variance No. 91-003. ADOPTED this 18th day of April , 1994. ATTEST: a ice c. Guy "Clerk of the Y°ung\ / Mayor ~ COUNCILMEMBERS: Young Ay~ Pulido Ay~ Lutz ay~ McGuigan Nay Mills Aye Moreno Ave Richardson Aye APPROVED AS TO FORM: 300 CERTIFICATE OF ORIGINALITY & PUBLICATION State of California County of Orange I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Resolution ~"t.~- o ! ~ to be the original resolution adopted by the City Council of the City of Santa Ana on ~. Date: .4~//~--t /5'~ Clerk of the Coun~i~-~/g-~. City of Santa Ana ~ R SOnUT ON 94-0 4 301 Appeal Application No. 93-1 1.9 HIBIT t% , Page 1 of 3 Conditions for Av~roval Should Variance No. 91-3 be approved, the project shall comply with all requirements and applicable sections of the Santa Aha Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code and other applicable regulations. In addition, the project shall comply with the following conditions: A. Bulldine Safety Division The project owner/developer shall designate a contact person who has the authority to act on behalf of the owner to coordinate and provide consistency for all of the plans required for the project including landscaping, grading, pedestrian protection, architecture, structural, electrical, mechanical and plumbing. Note on the drawings the contact person's name, position, business address, telephone and development processing numbers. B. Plennina Division 1. Comply with the City conditions and requirements of DP 91-25. The project shall be resubmitted into site plan review so that site details can be refined and approved by the City's Development Review Committee and the applicant. A tentative parcel map shall be approved prior to Building Permit, and the final map approved and recorded prior to Occupancy/utility release for the proposed project. Site landscaping shall be upgraded. Thirty six-inch box trees shall be used along all street frontages and 24-inch box trees shall be used in the parking area. C. pplice Deea~tnent All existing structures and parking lots must comply with the provisions of Chapter 8, Article II, Division 3 of the Santa Aha Municipal Code (Building Security Ordinance). These code conditions will require that the existing project's lighting, door/window locking devices and addressing be upgraded to current code standards. 30Z RESOLUTION 94-014 Appeal Application No. 93-1 Decen~ber 20, 1993 Page 2 of 3 ~ublic Works Aoencv Submit a parking plan for Public Works Agency and Planning Division approval that clarifies the various uses of the church site and their respective hours of operation. Indicate how the church shell limit its. uses and hours of operation so that its demand for code required parking can be contained on the site. In the event additional parking will be required, the church shall provide a letter(s) to the City of Santa Aha from all supporting neighboring property owners stating their agreement and ability to accommodate any overflow parking generated by the church's use(s). Submit and receiv~ City approval (Public Works and Planning) for recording C. C. & R's limiting hours of operation that are in compliance with the approved parking study. In the event the hours of operation limitations are not complied with, the variance shall be revoked and the operational uses stopped. Comply with City conditions and requirements outlined in the DP 91-25 comments dated May 25, 1993. 4. Prior to occupancy, complete the following: a) Improve ~erkelev Street as follows: 1) Close the westerly drive approach with curb and sidewalk per approved improvement plan. 2) Construct one new drive approach City Standard $1112, Case 2, 'W's 25', 'A'~ 35', 'X'= 3'. 3) Modify the existing drive approach serving the existing two bedroom parsonage per City Standard $1112, Case 2, 'W"= 10', 'X'= 3' with the centerline of 'W' aligning with the centerline of the existing driveway. 4) Close the westerly portion of the existing drive approach serving the existing two bedroom parsonage with curb and sidewalk per approved improvement plan. 5) Remove and replace existing curb per approved improvement plan. Remove and replace damaged sidewalk Der approved street improvement plan. -_ 303 Appeal Application No. Decmmher 20, 1993 Page 3 of 3 93-1 7) Remove existing trees that interfere with new driveways or that are within 10 feet of any new driveway 'Top of X#. Construct arrest tree wells and plant street trees~er City Standard $1124, as may be required by Senior Maintenance Supervisor. 9) Install "No Stopping Anytime" Zone. Install a trash enclosure which does not conflict with traffic aisles or parking spaces. Provide a handicapped parking space located near the southwesterly corner of the existing two story structure per City Standards. a) Improve pomona Street as follows: Widen the westerly drive approach to be per City Standard $1112, Case 2, 'W' = 25', 'A' = 35', 'X' ~ 3', with the westerly 'w' located 4'-0" from the westerly property line. 2) close the easterly existing drive approach with curb and sidewalk per approved improvement plan. 3) Remove and replace sidewalk per approved improvement plan. 4) Construct street tree wells and plant street trees per City Standard $ 1124, as may be required by the Senior Maintenance Supervisor. 5) Install "No Stopping Anytime" Zone.