HomeMy WebLinkAbout96-027 - Approving in Part Variance No. 95-009 ~E~O~ZO~ ~0. ~-027
__~--~ESOL~ION OF THE CITY CO~CIL OF THE
CITY OF S~TA ~A APPROVING IN P~T
VARIANCE NO. 95-009, TO ALLOW THE
DEVELOPMENT OF A SHOPPING CENTER LOCATED
ON THE SOUTH~ST CO~ER OF HARBOR
BOUL~D ~D McFADDEN AVENUE WITH
VARIANCES FROM V~IOUS ZONING REGU~-
TIONS, ~D R~DING V~I~CE APPLI-
CATION NO. 95-009 IN PART BACK TO THE
P~NING CO~ISSION
WHEREAS, this Council held a public hearing on March 18, 1996,
on Variance Application No. 95-009, to allow various variances from
zoning code standards for a shopping center to be developed on the
southeast corner of Harbor Boulevard and McFadden Avenue;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SANTA ANA AS FOLLOWS:
1. Variance No. 95-009 is hereby granted for the shopping
center to be developed on the southeast corner of Harbor Boulevard
and McFadden Avenue with respect to the following items.
a. A reduction in parking requirements to 1,358
spaces.
b. A 50% reduction in landscape planter requirements.
c. A waiver of lot street frontage requirements.
d. An increase in maximum perimeter wall height to 12
feet.
e. An increase in the permitted number of special
events (sidewalk sales) to 30 per year.
f. The allowance of auto service center operations
until 10:00'p.m.
g. The allowance of two wall signs on the Wal,Mart
store.
475
2. The following requests in Variance Application No. 95-009
are remanded back to the Planning Commission for further
consideration.
To allow two free-standing signs for Wal,Mart on
McFadden Avenue.
ESOLUT ON 9 -027 4?7
b. To allow two pylon signs.
To allow a pylon sign on the secondary street
frontage of the site.
d. To allow 6 freestanding signs altogether.
To the increase the permitted height of the two
pylon signs to 35 feet for the primary street
frontage sign and to 25 feet for the secondary
street frontage sign.
To the increase the permitted width of the two
pylon signs to 17 feet for the primary street
frontage sign and to 12 feet for the secondary
street frontage sign.
To increase the number of items permitted on each
pylon sign to 22.
To the increase the permitted area of the two pylon
signs to 300 square feet for the primary street
frontage sign and to 144 square feet for the
secondary street frontage sign.
3. With respect to the variance items approved in section 1
of this Resolution, and based upon the evidence submitted at the
abovesaid hearing, this Council finds and determines as set forth
in Exhibit A, attached hereto and incorporated herein.
4. The approval of Variance No. 95-009 as set forth in
section 1 of this Resolution is subject to the conditions set forth
in Exhibit B, attached hereto and incorporated herein by reference.
ADOPTED this 1st
ATTEST:
rk of the Council
day of April , 1996.
COUNCILMEMBERS:
Pulido Aye
Richardson ~y~
Espinoza ~
Lutz _~
McGuigan A~e
Mills __Nay
Moreno Ay~
APPROVED AS TO FORM:
Edward ~I. ~Cod~
City Attorney
2
CERTIFICATE OF ORIGINALITY & PUBLICATION
State of California
County of Orange
I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Resolution
~ - ~,~ ~ to be the original resolution adopted by the City Council of the
City of Santa Ana on q/- / - ~ ~
Date: ~-t~//~/ ~ ~TQ. ~
~/ / Clerk of the Counc/il ~/L-
City of Santa Ana ~/
RESOLUTION 96-027
4?0
Variance No. 95-9
Findings of Fact
March 18, 1996
Page 1 of 1
These findings are for the approval of those variances recommended for
approval.
Findings
ae
Special circumstances exist on this property, including size,
shape, topography, location or surroundings, where 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 variances are a benefit to the center and the community
by providing relief from standards which can not be met.
The granting of a variance is necessary for the preservation and
enjoyment of one or more substantial property rights.
The requests are necessary to construct this retail center.
The granting of a variance will not be materially detrimental to
the public welfare or injurious to surrounding property.
Approving the variances would not have a negative impact on
the surrounding property or the public in general. The
retail center will provide a benefit to the community.
Mitigation measures are being required where necessary and
appropriate.
The granting of a variance will not adversely affect the general
plan of the city.
The variance will not have a negative effect on the general
plan.
EXHIBIT A
RESOLUTION 96-027
Variance No. 95-9
Conditions of Approval
March 18, 1996
Page 1 of 6
Conditions of Approval
Should Variance No. 95-9 be approved, the project must comply with all
applicable sections of the Santa Ana Municipal Code, the California
Administrative Code, the Uniform Fire Code, the Uniform Building Code
and all other applicable regulations. In addition, it shall meet the
following:
A. Plannin~ Division
TRAFFIC, CIRCULATION ~%ND P]tRKING
1. Parking reduction may not exceed seven percent
(approximately 95 spaces).
On-site circulation is to be designed to accommodate WB-50
semi-trucks which will be making regular deliveries to this
site.
LANDBCAPING
Twenty-six 36 inch box trees are to be located at project
entry points located along and near public rights-of-way;
4. Ail parking lot trees are to be a minimum of 24 inch box
(in lieu of 15 gallon required by code);
5. No less than 40 four foot by four foot tree wells are to be
located throughout the parking areas;
A palm tree theme (minimum 24 inch box) along pedestrian
walkways and along the main drive aisle in front of
Wal,mart and Buildings B through G is to be provided.
No less than 70
of 8 1/2' x 18'
areas.
landscape planters with minimum dimensions
are to be provided throughout the parking
PARKING AREAS
Cart corrals are to be provided and designed
architecturally similar in materials, color and design to
the buildings on the site. (Pipe rail equipment is not
acceptable.)
Ail parking areas along the property perimeter with
vehicles facing Harbor Boulevard and McFadden Avenue are to
have the parking space decreased to 16 feet and the 15 foot
landscape setback increased to 17 feet. This includes the
following parking areas: south of Building J, east of
Building L, between ~uilding? K and L, north of Wal,mart.
EXHIBIT B
RESOLUTION 96-027
Variance No. 95-9
Conditions of Approval
March 18, 1996
Page 2 of 6
10.
No doors or exits are permitted on the street side of
Buildings J, K and L if there is a 15 foot minimum street
setback. Should exits be necessary, each building must be
set back an additional five feet allowing for a sidewalk to
run parallel to each building for access.
11.
There are to be no exposed downspouts, scupper drains,
mechanical equipment, electrical equipment, plumbing or
conduit on the outside of the building.
12.
The project entry trellis located on the corner is to be
maintained free of any advertising or banners. Only the
name of the center may be placed on this structure.
MISCELLANEOUS ITEMS
13.
Recyclable materials storage
a location to be approved
issuance.
is to be provided on-site at
by staff prior to permit
14.
An ATM and postal station are to be provided in the project
development. These may be integrated into any part of any
building. The location of these facilities is to be
resolved with staff prior to permit issuance.
15.
The trash compactor located at the southwest corner at the
southeast corner of Wal,mart (southside) shall not be
operated between the hours of 9:00 p.m. and 7:00 a.m. every
day.
16. The project shall comply with all mitigation measures
identified in the Negative Declaration (ER No. 95-91).
17. Project shall comply with conditions and requirements of
site plan review DP No. 95-55R.
18.
19.
DSL Service Company is to create a committee composed of
staff, store representatives, and site management from
Riverview West Neighborhood Association to monitor shopping
cards and eliminate stray carts throughout the
neighborhood.
Temporary outdoor activities and special events may not
exceed a total of 30 calendar days annually. Land Use
Certificate application requirements and appropriate fees
must be completed for each event.
RESOLUTION 96-027
Variance No. 95-9
Conditions of Approval
March 18, 1996
Page 3 of 6
LOADING ZONES
20.
The loading docks of Buildings A-E are to be fully enclosed
so that there is no outdoor unloading activity and the
trucks back up to a sealed lock area.
21.
A maximum 12 foot high block wall to screen for noise and
visual impacts must be constructed at the loading docks in
order to protect the residential uses to the east and south
of this property from noise and nuisance activity.
Building G, H, and L Architecture
22.
Project design is approved for Buildings G, H. and L in
concept and are to be refined with staff prior to submittal
into plan check. Should no resolution be achieved, these
are to be brought back to Planning Commission for final
approval.
B. publi~ Works Aqenc¥
Prior to site plan approval, complete the following:
Revise the site plan to note trash compactor locations
proposed for Wal'mart are not final and shall be revised
for the approval of Public Works Agency and Planning and
Building Agency prior to approval of the Wal,mart building
permit.
2
Revise the site plan to note the raised Harbor Boulevard
median and pocket and island shall be modified.
Revise the site plan to note the traffic signal of Harbor
and McFadden will be modified and relocated.
Revise the site plan to note new street trees shall be
planted on Harbor Boulevard and McFadden Avenue.
Revise the site plan to note all utilities shall be
relocated to be no closer than 10 feet to any driveway.
Prior to issuance of a building permit, complete the following:
1. Pay cash payment of $5,000.00 towards future traffic signal
installation at McFadden Avenue and Jackson Street.
RESOLUTION 96-027 483
Variance No. 95-9
Conditions of Apgroval
March 18, 1996
Page 4 of 6
Prior to release of utilities, complete the following:
1. Dedicate a 25' X 25' corner cut-off at the corner of Harbor
Boulevard and McFadden Avenue.
Dedicate a traffic signal easement at the McFadden Avenue
main driveway entrance, as per approved traffic signal
plans.
3. Dedicate two bus turn-outs area on McFadden Avenue, as per
approved improvement plan.
4. Dedicate wheelchair ramps access at the signalized drive
approach on McFadden Avenue, as per approved improvement
plan.
Se
The dedication deeds and easements must be prepared by the
developer's engineer or licensed Land Surveyor and
submitted to the Public Works Agency for checking.
6. Harbor Boulevard:
Modify the existing median island and pocket for south
bound left turn into the project site per improvement
plan.
b) Construct right turn lane including curb, gutter,
pavement and 10, wide sidewalk as per approved
improvement plan.
c)
Construct a 35' radius curb return at the southeast
corner of Harbor Boulevard and McFadden Avenue,
including sidewalk, and wheelchair ramp per approved
improvement plan.
d)
Relocate and modify traffic signal at intersection of
McFadden Avenue and Harbor Boulevard as per approved
traffic signal plan.
e)
Relocate utility boxes, poles and meters for new right
hand turn lane, new 35' curb radius and new drive
approaches.
f) Pave Harbor Boulevard to good edge of pavement, per
approved improvement plan.
RESOLUTION 96-027
Variance No. 95-9
Conditions of Approval
March 18, 1996
Page 5 of 6
g)
Construct northerly drive approach per City Standard
#1112, Case 2, (W=35', A=45', X=3') and per approved
improvement plan.
h)
Construct southerly drive approach per City Standard
$1112, Case 2 (W=32', A=42', X=3') and per approved
improvement plan.
i)
Relocate pull box, Southern California Edison vault,
all other utility boxes, utility poles and utility
meters within 10' from the proposed drive approaches.
J)
Install pavement striping and signage as per approved
channelization plan.
k) Install "NO STOPPING ANYTIME" zone.
1) Relocate power poles as per approved improvement plan.
m)
Construct and relocate ornamental street lights as per
approved improvement plan.
n)
Close existing drive approaches with curb, gutter and
full width sidewalk.
o)
Construct street tree wells and plant minimum 24 inch
box trees per City Standard $1124 at locations in
accordance with approved improvement plans.
HcF&dden Avenue
a)
Construct signalized drive approach (W=56') and 25'
curb radii with two wheelchair ramps per approved
improvement plan.
b)
Construct drive approach near garden center per City
Standard $1112, Case 2 (W=32', A=42', X=3') and per
approved improvement plan.
c)
Construct most easterly drive approach per City
Standard #1112, Case 2 (W=40', A=50', X=3') and per
approved improvement plan.
d)
Remove existing sidewalk and construct new full width
10' wide sidewalk per approved improvement plan.
e)
Remove existing curb and gutter and construct new curb
and gutter per approved improvement plan.
f) Remove existing paving and construct new paving to
street centerline per approved improvement plan.
RESOLUTION 96-027 483
Variance No. 95-9
Conditions of Approval
March 18, 1996
Page 6 of 6
g) Construct new landscaped medians per approved
improvement plan.
h) Install new traffic signal at the main driveway
entrance per approved traffic signal plans.
i)
Install pavement striping and signage as per approved
channelization plan.
J)
Install school crossing signs per approved improvement
plan.
k) Install "NO STOPPING ANYTIME" zone.
1) Close existing driveways with sidewalk curb and
gutter.
m)
Construct two bus turnouts and 12' X 80' P.C.C. bus
pad, as per approved improvement plan. (See Exhibit
"A").
n)
Construct street tree wells and plant all new minimum
24 inch box trees per City Standard $1124 at locations
in accordance with approved improvement plans.
o)
Furnish ornamental street lighting with underground
service as directed by the City Engineer.
Police Department
The applicant shall provide/employ two uniformed state
licensed security officer for the parking area. The
officer shall be on duty anytime there are employees or
patrons onsite. The applicant shall provide the officers
with a form of transportation that will enable them to
access all areas of the site quickly. The security
officers employed by the applicant shall first be approved
by the Chief of Police, or his designate, before
Certificate of Occupancy is approved.
The Conditional Use Permit shall be reviewed at six months,
at one year and then annually thereafter by the Police
Department for any modification to the conditions of
approval.