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HomeMy WebLinkAbout2000-085 Not Adopted Not Adopted Refer to Resolution No. 2001-008 RESOLUTION NO. 2000-085 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DENYING THE APPLICATION OF THE LOYAL ORDER OF MOOSE FOR AN AMENDMENT APPLICATION TO THE ZONING ORDINANCE, GENERAL PLAN AMENDMENT, CONDITIONAL USE PERMIT, AND VARIANCE FOR THE PROPERTY LOCATED AT 1441, 1421, 1415 EAST SEVENTEENTH STREET 389 BE IT FOLLOWS: Section 1. A. RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS The City Council hereby finds, determines and declares as follows: The Loyal Order of Moose have applied to the City to change the zoning of the subject properties from the P (professional) zoning district to the C-1 (community commercial) zoning district. The proposed zone change and accompanying general plan amendment will affect three properties on the north side of Seventeenth Street between Linwood Avenue and Wright Street. These properties include the subject Moose Lodge at 1421 East Seventeenth Street, the property immediately to the west with an existing office building, and the property immediately to the east of the Moose Lodge currently a furniture/home furnishings store. The current zoning and land use designation of these properties is Professional and Professional Administrative Office, respectively, which does not permit the lodge use. A zone change to Community Commercial (C-1) would allow the lodge use with a conditional use permit. A general plan amendment to General Commercial would be necessary to keep the zoning consistent with the General Plan. Approval of the proposed zone change and general plan amendment would convert three properties from professional to a commercial designation. Even if the zone and general plan were amended, the proposed lodge use would also require a conditional use permit, whose purpose is to determine if the proposed lodge use is compatible with adjacent uses and to add conditions of approval to the lodge use to reduce impacts to adjacent property. Finally, the proposed use would require a variance from the City's parking requirements for a lodge use. The interior of the building is comprised of approximately 2,000 square feet of assembly area, which includes a meeting/dining area and social quarters or bar. The remaining building area is comprised of kitchen, office, service, and storage area. A total of 72 330 parking spaces are required for the proiect based upon the parking ratio of one space per 28 square feet of gross assembly area. Forty-six on-site parking spaces have been provided. The applicant is requesting a 26 space or thirty-five percent (35%) parking reduction. The Planning Commission held a duly noticed public hearing on this matter, and after continuing its consideration, decided this matter at its regular meeting of December 11, 2000. At the conclusion of its consideration, the Planning Commission split 3-3 on whether to approve the applications and, the Chair having declared an impasse pursuant to its bylaws, offered the applicant the option of a continuance or a recommendation of denial. The applicant chose that the Planning Commission forward a recommendation to deny its project. Granting this application would permit not only the lodge, but all other uses permitted in the C-1 zoning district, should these three properties recycle. The Council is aware of the existence of a residential neighborhood immediately behind the subject property, which could be impacted not only by the lodge, due to its lack of on-site parking, but also by a recycled, more intense C-1 use. The subject property was only last October, by General Plan Application 99- 06 and Amendment Application No. 99-03, rezoned by this Council into the P zoning district and appropriate land use designation for the General Plan. There have been no new facts presented to the City Council since these prior legislative actions. Section 2. Amendment Application No. 00-13 is hereby denied. Section 3. General Plan Amendment No. 00-05 is hereby denied. Section 4. Application for Conditional Use Permit No. 00-23 is hereby denied, for the following reasons: Will the proposed use provide a service or facility, which will contribute to the general well being of the neighborhood or community? The project proposes to convert an existing restaurant building into a lodge for the Loyal Order of the Moose. The Loyal Order of the Moose is a nationally recognized non-profit Fraternal Organization involved in community based programs such as Meals on Wheels, Adopt a Highway, Boy and Girl Scouting, Disabled/Handicapped Programs, Operation Santa Claus, and other Environmental Programs and telethons. The service organization has been associated with the Santa Ana community for approximately 77 years. It is anticipated that the lodge will continue to Resolution No. 2000-085 Page 2 of 5 391 provide services and a facility that will contribute to the general well being of the community. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety or general welfare of persons residing or working in the vicinity? The project as proposed is under parked and does not meet City parking requirements for a lodge use. A total of 72 parking spaces are required for the project while 46 parking spaces have been provided. The applicant is requesting a 26 space or 35 percent parking reduction. Based upon the shortage of parking proposed for this project and the potential for parking to spill over into the adjacent residential neighborhood, staff is recommending denial of this project. Overflow parking has the potential to spill over onto adjacent property or into the surrounding residential neighborhood, which would be detrimental to the general welfare of persons residing or working in the area. Will the proposed use adversely affect the present economic stability or future economic development of properties in the surrounding area? The service organization will be moving into a currently vacant building that has deteriorated and suffers from neglect. The Moose intend to improve the property by cleaning up the overgrown landscaping, selective painting and repair, restdping the parking area, and substantially upgrading the interior of the building. The proposed improvements will add value to the property and enhance the economic viability of the area by providing a stable tenant that has served the community for close to 77 years. This use and the proposed property improvements should benefit the community and not adversely affect the present economic stability or future economic development of properties in the surrounding the area. Will the proposed use comply with the regulations and conditions specified in Chapter 41 of the Santa Ana Municipal Code for such use? The subject property is zoned Professional. A lodge use is not a permitted use in the Professional zoning district. In addition, the project does not meet the City's parking requirements for a lodge use. A total of 72 parking spaces are required for the project while 46 parking spaces have been provided. Therefore, the proposed use does not comply with the regulations and conditions specified in Chapter 41 of the Santa Ana Municipal Code for such use. Will the proposed use adversely affect the General Plan or any specific plan of the City? Resolution No. 2000-085 Page 3 of 5 392 The proposed project is not allowed in the Professional zoning district and is therefore inconsistent with the existing General Plan Designation of Professional Administrative Office. Section 5. Application for Variance No. 00-10 is hereby denied, for the following reasons That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, that 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. There are no special circumstances applicable to the subject property that would justify the support of the proposed variance. The subject site is 0.56 acres and is a standard rectangle shape. The site is fiat and measures 97 feet wide by 250 feet long without any unusual topography. The strict application of the zoning ordinance does not deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. The last use of this property was a restaurant, which met City parking requirements. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The applicant is proposing to occupy a building with a use that is very parking intense per City code requirements. There are less intense uses that are permitted in the building that would be approved by the City that does not generate the same parking demand as an assembly type use. Since there are other uses that could operate within the subject building and comply with city code and parking requirements, the granting of the proposed variance is not necessary for the preservation and enjoyment of one or more substantial property rights. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The project as proposed is under parked and does not meet City parking requirements for a lodge use. A total of 72 parking spaces are required for the project while 46 parking spaces have been provided. The applicant is requesting a 26 space or 35 percent parking reduction. Based upon the shortage of parking proposed for this project and the potential for parking to spill over into the adjacent residential neighborhood, this project should be denied. Overflow parking has the potential to spill over onto adjacent property or into the surrounding residential neighborhood, which would be detrimental to the public welfare or injurious to surrounding property. Resolution No. 2000-085 Page 4 of 5 393 That the granting of a variance will not adversely affect the General Plan of the City. The granting of the proposed parking variance will not adversely affect the General Plan of the City. Parking is ancillary to the lodge use and is a necessary component of a business operation. ADOPTED ATTEST: Patricia E. Healy Clerk of the Council Miguel A. Pulido Mayor COUNCILMEMBERS: Pulido McGuigan Alvarez Bist Christy Franklin Solorio APPROVED AS TO FORM: Joseph W. FLetcher, City Attorney Benjamin Kaufman Chief Assistant City Attomey CERTIFICATE OF ORIGINALITY I, PATRIClA E. HEALY, Clerk of the Council, do hereby certify the attached Resolution No. 2000-085 to be the original resolution adopted by the City Council of the City of Santa Ana on DaM: Clerk of the Council City of Santa Ana Resolution No. 2000-085 Page 5 of 5