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HomeMy WebLinkAbout2000-020 - Approving Variance No. 00-0265 RESOLUTION NO. 2000-020 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 00-02 FOR RELIEF FROM PARKING AND LANDSCAPE SETBACK REQUIREMENTS FOR THE METRO TOWN SQUARE LOCATED AT 3600~3796 SOUTH BRISTOL STREET AND 3701-3795 SOUTH PLAZA DRIVE WHEREAS, this Council held a public hearing on March 20, 2000, on Vadance Application No. 00~02, for relief from parking and landscape setback requirements. 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: 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 propen'y of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. Due to the amount of development existing on the site and the need to maintain landscaped setbacks, the Metro Town Square is currently deficient in parking and landscaping. The Shared Parking Analysis, attached as Exhibit "A" and incorporated herein, for the project has determined that sufficient parking will be provided for the project dudng times of peak demand. As a result, the parking variance will allow the applicant the ability to use the property in a manner that is consistent with similar surrounding commercial uses. That the granting of a vadance is necessary for the preservation and enjoyment of one or more substantial property dghts. The granting of the parking and setback vadance will preserve the property owners ability to lease the shopping center for uses that are consistent with the General Commercial (C2) zoning district, thereby allowing the applicant to maintain the economic viability of the center. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. As demonstrated in the shared parking analysis for the project, the site has sufficient parking to accommodate the various use during the peak parking hours. As a result, the reduction in parking will not be detrimental to the Resolution No. 2000-020 Page 1 of 3 66 surrounding community as it is unlikely that parking will spill into adjacent commercial or residential neighborhoods. The existing nonconforming setback will not be detrimental to surrounding properties as it will continue to be maintained and enhanced with landscaping. That the granting of a vadance will not adversely affect the General Plan of the City. The granting of the variance will not adversely affect the City's General Plan as the land use designation of District Center (DC) encourages mixed-use, high intensity uses such as the health club in the land use designation. 2. Variance No. 00-02 is approved, as conditioned, based upon the aforementioned findings. ADOPTED this 20th day of Mamh., 2000. A'FI'EST: Clerk of the Council COUNCILMEMBERS: Pulido Aye Lutz Aye Bist Aye Christy Aye Franklin Aye McGuigan Aye Moreno Not Voting APPROVED AS TO FORM: Joseph W. Fletcher, City Attomey Shea~z/~ t City Pefforney Resolution No. 2000-020 Page 2 of 3 67 CERTIFICATE OF ORIGINALITY State of California County of Orange I, PATRICIA E. HEALY, Clerk of the Council, do hereby certify the attached Resolution No. 2000-020 to be the original resolution adopted by the City Council of the City of Santa Ana on March 20, 2000. Date: ~//~ 7~/~ ~ Clerk of the Council City of Santa Ana Resolution No. 2000-020 Page 3 of 3 PAGE 1 OF 2 Conditions of Approval Variance No. 00-02 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Aha 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 conditions of approval: The applicant must comply with each and every condition listed below prior to exercising the rights conferred by this variance. The applicant must remain in compliance with all conditions listed below throughout the life of the variance. Failure to comply with each and every condition may result in the revocation of the variance. A. Plannin~ Division 1. Ail' proposed site improvements must conform to the Site Plan Review approval of DP No. 98-26. The maximum parking reduction permitted on the property is 12.8 percent. Any amendment to this variance must be submitted to the Planning Division and Police Department for review. At that time, staff will determine if administrative relief is available or if the variance must be amended. Ail mitigation measures identified in the Mitigated Negative Declaration (ER No. 98-49) are incorporated as conditions of approval for this project with the exception of the mitigation measure pertaining to noise. The hours of construction activity are limited to 7 a.m. to 8 p.m. Monday through Friday and 8:00 a.m. to 8:00 p.m. on Saturday. o A covenant that restricts occupancy of the 36,000 square foot building to a health club use only must be recorded prior to the issuance of building permits. As used herein, a health club is defined as "A commercial use that is privately owned and operated for a profit with the intent to promote a common purpose to pursue common goals, interests or activities related to a physical fitness environment. Health clubs are usually characterized by an organization operating on a membership basis with pre-established formal membership requirements." ATTACHiV[ENT A PAGE 2 oF 2 The 8,500 square foot vacant building formerly occupied by the Bombay Bicycle Club restaurant is restricted to retail uses only. Occupancy may be allowed to a more intensive use provided the same 8,500 square feet is reduced in parking intensity elsewhere on the site. Fourteen parking stalls on Bristol Street, eight stalls on MacArthur Boulevard, and 42 stalls along Plaza Drive must be removed and replaced with landscaping as shown on Exhibit 9. A landscape plan ~h~t ~ii~{S~.r_~i~d includes upgraded landscape amenities ~1~--'-~'~ th~'~--~'~-~'~'"frontages must be submitted~Modified by the Planning Commission at its meeting of March 13, 2000).