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HomeMy WebLinkAbout31A - 1201 E FOURTH ST REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JULY 3, 2006 TITLE: VARIANCE NO. 2006-01TO ALLOW REDUCTION OF PARKING AT 1201 EAST FOURTH STREET - MARCOS CONTRERAS, APPLICANT ~cZ CITY MANAGER APPROVED o As Recommended o As Amended o Ordinance on 151 Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For CONTINUED TO - FILE NUMBER RECOMMENDED ACTION Receive and file the staff report denying Variance No. 2006-01. PLANNING COMMISSXON ACTION On June 12, 2006, the Planning Commission denied Variance No. 2006-01 by a vote of 6:0 (Rodriguez absent) to allow a reduction of required parking for office use at an existing industrial building in the General Commercial (C2) zoning district at 1201 East Fourth Street. The Planning Commission made no changes to the recommended action (Exhibit A) . FXSCAL XMPACT There is no fiscal impact associated with this action. ~L--L-.. ~ M. Trevino Executive Director Planning & Building Agency PG:rb pg\reports\va06-01.cc 31A-1 REQUEST FOR Planning Commission Action PLANNING COMMISSION SECRETARY PLANNING COMMISSION MEETING DATE: JUNE 12, 2006 TITLE: PUBLIC HEARXNG - VARXANCE NO. 2006-01 FILED BY MARCOS CONTRERAS TO ALLOW REDUCTION OF PARKING AT 1201 EAST FOURTH STREET APPROVED o As Recommended o As Amended o Set Public Hearing For DENIED o Applicant's Request o Staff Recommendation CONTINUED TO Prepared by Pedro Guillen ~~E . D~ xecut e Irector ~~ Planning anager RECOMMENDED ACTION Adopt a resolution denying Variance No. 2006-01. DISCUSSION Request of Applicant Mr. Marcos Contreras is requesting approval of a variance to allow the reduction of required parking for office use at an existing industrial building at 1201 East Fourth Street. Property Description The development site is a rectangular shaped lot that is approximately 9,000 square feet in size and is located on the northeast corner of Fourth Street and Eastwood Avenue. The property is located in the Community Commercial (C2) zoning district and has a General Plan land use designation of General Commercial (GC). The existing site has an industrial use that includes warehousing, manufacturing and food preparation for vendor carts. Additionally, the site currently has seven parking spaces. The surrounding land uses consist of single and mul ti- family residences immediately to the north, industrial and commercial to the west, and commercial to the south and east (Exhibits 1 through 3) . Project Description The proposed project involves a proposal to lease 750 square feet of space on the second floor of an existing building for a real estate and mortgage office use (Exhibits 4 through 6). The existing building does not have sufficient parking for the proposed use, necessitating the request to vary from existing parking standards. EXHIBIT A 31A-2 Variance No. 2006-01 June 12, 2006 Page 2 Analysis of the Issues In August of 2001, Contreras Mexican Ice Cream obtained permits to open an industrial business specifically for warehousing and preparation of food for mobile vendor carts. This use was approved as a continuation of a legal nonconforming use, as the existing industrial building and associated use were established prior to the property being zoned C2, which does not allow industrial uses. In September of 2003, a portion of the building was destroyed by fire and subsequently, the building was allowed to be rebuilt per section 41-6B2 of the nonconforming code that allows reconstruction of nonconforming buildings damaged by fire. The building was rebuilt to the same square footage as existed before and included approximately 1,400 square foot of second floor ancillary industrial office space that was approved under Variance No. 74-13. Variance No. 74-13 allowed the expansion of a legal nonconforming meat processing plant in the C2 zone even though such enlargement was not permissible per section 41-6B6 of the nonconforming code. Section 41-6B1 states that no enlargement of nonconforming buildings is allowed unless such building and site conform to all provisions of the zoning code. Typically, the project review process involves evaluating proposals for zoning compliance. If a project complies with zoning regulations, it is approved. If a proposal does not comply with applicable zoning provisions, such as the nonconforming code, the proposal would be denied. In this case, the proposal does not comply with parking requirements and section 41-6B6 of nonconforming code, which does not allow additional uses to nonconforming sites. Normally, projects such as this would be denied and would not be reviewed by the Planning Commission as they are noncompliant with local and State of California land use laws. The proposed project was denied, however the applicant wanted to pursue an option to present his proposal before the Planning Commission and explain the circumstances that exist for his site. Staff determined that the only way to present this item before the Commission would be to have the applicant apply for a parking variance. The site is currently nonconforming in parking and the proposed use would further increase the parking demand. Mr. Contreras is requesting approval of 750 square feet of second floor space to be used as independent office space, not ancillary or associated to the existing industrial use. Staff has identified several concerns with the request that have resulted in a negative recommendation of the variance application. 31A-3 Variance No. 2006-01 June 12, 2006 Page 3 Section 41-6B6 of the City's nonconforming code states that no additional uses shall be allowed on a site where an existing nonconforming use exists, even though such proposed use may be a conforming use in the zoning district. As a result, the existing warehousing and food preparation business is considered a nonconforming use; therefore, the proposed real estate and mortgage office cannot be permitted on the site. In order for the proposed office use to be permitted, the existing industrial business must not operate on this site. The State of California Government Code Section 65906 states that a variance shall not be granted for a parcel of property which authorizes a use that is not expressly permitted by the zone district governing the parcel of property. Considering that Section 41-686 of the City's nonconforming code does not allow the proposed office use on the site, this section of the State code applies and therefore, does not allow the proposed use to be approved. Additionally, this section implies that a use variance for the proposed office use is not allowed under State codes. Variances are typically reserved for variations from development standards such as setbacks and parking and not uses. The Santa Ana Municipal Code establishes a parking requirement for office use at one parking space for each 333 square feet of office space. As proposed, the site would require a total of 11 parking spaces, two parking spaces for the proposed 750 square feet of second story office space and nine spaces for the remaining 4,550 square feet of industrial space. Approval of a variance for a parking reduction of four spaces, 36 percent, will be required as the site only has seven spaces available. In recent history, the Planning Commission has reviewed variances for parking, each with different situations. In February of 2005, the Commission reviewed Variance No. 2004-1B for the FAMSA retail chain addition located at 419 East First Street. The addition required 43 parking spaces, of which only 20 were being provided. This resulted in a reduction of 23 parking spaces for the addition or 53 percent. In this case, the Commission denied the variance request as a result of the existing nonconforming parking situation. Variance No. 2002-06 for Doffo Automotive located at 1607 South Sycamore was reviewed by the Commission in June of 2002. A new auto repair facility was proposed that required 37 parking spaces. The Commission approved a reduction of four parking spaces, an 11 percent reduction, based on the nature of the business operation that included the ability of the vehicle repair bays to be utilized as parking spaces and the second floor office space's low parking 31A-4 Variance No. 2006-01 June 12, 2006 Page 4 implication compared to the automotive repair use. Each variance request is unique to its own site; however, in the proposed case the site is nonconforming in terms of parking and does not meet current development standards. Considering the existing conditions, the site has maximized its possible usage. Staff has considered the site's conditions, including the lot size and inability to provide for additional parking. The State Code states that a variance shall only be granted when special circumstances apply to a property in relation to size, shape, topography, location and surroundings or if the local zoning ordinance deprives the property owner of privileges enjoyed by other property in the vicinity and under identical zoning designation. In this case, it has been determined that there is not a special circumstance that deprives the property owner of privileges to utilize the site. The current legal nonconforming industrial use on the site allows the property to be fully utilized. Additionally, a parking deficient site may impact the surrounding properties and aggravate the residential parking situation by requiring additional parking. Furthermore, the reduction of four parking spaces, 36 percent, is considered high in view of the site's limited size. The applicant has also presented the possibility of utilizing the parking lot across the street at 1111 East Fourth Street. This site is zoned industrial and is occupied by a legal nonconforming retail business that requires 150 parking spaces for 30,000 square feet of building space. However, the site currently has only 24 parking spaces. This request would also require a variance for parking. Were the Commission to consider approving the proposed action, the following would be required. The Commission would have to direct staff to prepare a zoning ordinance amendment to modify the nonconforming code section 41-686 to allow additional uses to sites which have existing nonconforming uses or direct staff to process an amendment application (zone change). If a zone change would be requested, most likely a Specific Development (SD) zone would have to be created to accommodate for the site's unique mix of uses and site development conditions. As the Commission may recall, a Work Study Session was held earlier this year relative to amending the nonconforming code to allow for expansions of nonconforming uses in the Commercial South Main (CSM) zone. The Commission stated that the City's existing nonconforming policies and codes should be upheld. Additionally, the project site is located within 31A-5 Variance No. 2006-01 June 12, 2006 Page 5 the boundaries of the proposed Santa Ana Renaissance Specific Plan encompasses the City's central area from the Downtown, east to Avenue. Future land uses for this unique area are currently analyzed for consideration and may result in land use changes. which Grand being Based on analysis of circumstances warrant nonconforming code. Variance No. 2006-01. the proposed project and findings, no special approval of a use that does not comply with the Staff recommends that the Planning Commission deny CEQA Compliance In accordance with the recommended action is not environmental documentation California considered is required. Environmental Quality Act, a CEQA proj ect . Therefore, the no //\{ ~ ~ Pedro Guillert Associate Planner PG:jm pg\reports\va06-01.pc 31A-6 o \~' ~, C2 < A11lc1\1 csf:' Rl l!l2J I A1 I R1 J 1"1 : M2 !I" ~ ~' 1 ,I R1 ] R1 1 ~l" l "' 1"" (:~ . A1 ~ C5! ~! I -1r ~ 'J ~ M2 ,,' ~ T:11 R1! R1 ~ " t l~~ A2 ~A21 M2 ~' t R1 I -: ~ '\ \\}. ~ ~"-\ ,\2 ~ --I"""' '_h ~ 15 V~PL ~ Rl :> 0 ~ ",. '.~" ~" --.,~ -' " ~~ ~~ 0 " ~~~, ,,' A1 1S'~ ,le-R1 . 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MARCOS CONTRERAS 1201 EAST FOURTH STREET ~ .gy - = 500 FEET 1" _ 1000 FEET P LAN N N G AND 8 U L 0 N G AGE N C Y 3 ~~~ijr 1 ~ ~ ~ w ., ::::! ~ - :::) ~ it: L5 z ~ ~ w ~ RESIDENTIAL ~ ~ Q - '" ~ '" MULTI FAMILY VACANT RESIDENTIAL ~ ~ ~ MULTI FAMILY ., RESIDENTIAL ~ W :::) - COMMERCIAL Z ~ W ~ ~ " ~ ~ ., - " INDUSTRIAL '" 0 ~ 0 PRQ,JECT ~ 0 COMMERCIAL ~ ~ SITE 0 0 z " l/l <I: <I: a: w Cl / , FOURTH STREET ~ I-' (f ., l/l COMMERCIAL ~ " ~ ~ ~ ~ C 0 M M E R C I A L ., '" ~ ~ ::c '" ~ ::c COMMERCIAL RESIDENTIAL ~ ~ VA 06-1 MR. MARCOS CONTRERAS 1201 EAST FOURTH STREET A #{' P LAN N N G AND B U L 0 N G AGE N C Y EXHIBIT 2 31A-8 --- g ! ., '" . .. ~ .. .A ..~ ~ 9-~~' .~. 3e~~ 3 iiiiiiiiIii:; < _':f. -'.,-.... 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L:"'J I. ., ~ 'I' } ".,,--__,", .!,/ t'I.'- I r_~./ -- : ~! ' +~: " : I II~ , , ~: r rT] Ill. illJ I--~=- Ii I II l _ 'I II I~-;- " r' :PC... +:t ~(/: " I it h .1l , 5 i fI 11i I I ~ 11- l I ol:l " ; ~ . , ':11' ) ,,' "hi!;, .~-.. " ,j.--., ,- .0':' 4 , -- , '..'.. I L 31A- A 06-1 EXHIBIT 5 8 I I II fI lih~ 11118 ~I~ 111' I IIII '; ~ I I I e ~ II I Ii ~ ~ I I i : i I if ! I ' ml I ~h~U "~ 1.{\ ~ ." (l ~ ..;....- <r ! II,iI I I 1")' ~ I 'llll! !.,! '5! I' dt i l W .",,,,,.. ~ l .J j a. l: i a:: o o .J lo. t- UI II j;: ~~ II !U Ii hili! II !!I1~1 :llll!l llllt"'l" "W'! :i hll'l!;I,' IIII.!, i, I Ihi 111l ml i!j IU t- o Z -.--., South Elevation West Elevation VA 06-1 3I!fCAijJf2 KO -6/7/06 RESOLUTION NO. 2006-014 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA DENYING VARIANCE NO. 2006-01 TO ALLOW THE REDUCTION OF REQUIRED PARKING FOR OFFICE USE FOR THE PROPERTY LOCATED AT 1201 EAST FOURTH STREET BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of Variance No. 2006-01 to allow the reduction of required parking for office use at an existing industrial building at 1201 East Fourth Street B. Variance No. 2006-01 came before the Planning Commission on June 12, 2006 for a duly noticed public hearing. C. The Planning Commission determines that for Variance No. 2006-01 the following findings, which must be established pursuant to Santa Ana Municipal Code Section 41-638 in order to grant a variance from the provisions of the Santa Ana Municipal Code, have not been established: 1. 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 property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. This is a typical rectangular lot with no unique site features that warrant approval of a variance for parking. There are no special circumstances applicable to the subject property where the strict interpretation 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 the zoning code. Additionally, strict application of the zoning code would not deprive the owner the privileges enjoyed by other property in the vicinity and under identical zoning classification. The property is fully occupied and the denial of the variance for parking to allow the Resolution No. 2006-014 Page 1 of4 31A-13 additional use would not deprive the property owner of the privilege to use property. 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The denial of the variance will not significantly impact the rights of the property owner to enjoy the use of their property. The property owner is able to continue to operate the existing legal nonconforming industrial business on this site. The denial of a parking variance to allow an office use would not impact the existing nonconforming industrial business. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of a variance will be detrimental to the surrounding residential uses, when considering that the existing industrial business is located immediately adjacent to residential uses which are considered to be a sensitive land use. The approval of a variance and the addition of the proposed office use would increase the parking impacts to the surrounding residences. As a result of the nonconforming on site parking, spillover parking will impact the residential neighborhood. Additionally, state and local codes state that a variance shall not be granted for a parcel of property which authorizes a use that is not expressly permitted by the zone district governing the parcel of property, such as the case on this site. 4. That the granting of a variance will not adversely affect the General Plan ofthe City. i. The proposed office use is allowed by the current Community Commercial (C2) zoning district and General Commercial General Plan Designation. However, section 41-686 of the City's nonconforming code prohibits the addition of uses where existing legal nonconforming uses exist, even though the proposed use is allowed in the zone. Additionally, the State of California Government Code Section 65906 prohibits the granting of variances for uses which are not allowed by the local zoning code governing the property. ii. In addition, Policies 5.4 of the City's General Plan Land Use Element state that measures to insure that the impacts of Resolution No. 2006-014 Page 2 of 4 31A-14 development are mitigated by supporting land uses which are consistent with the Land Use Plan of the Land Use Element. Also, Policy 5.5 encourages development which is compatible with and supportive of surrounding land uses. The existing nonconforming industrial use combined with the proposed office use would be inconsistent uses with such Land Use Plan and therefore not compatible with surrounding land uses. D. In accordance with the California Environmental Quality Act, the recommended action is not considered a CEOA project. Therefore, no environmental documentation is required. Section 2. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby denies Variance No. 2006-01. This decision is based upon the evidence submitted at the abovesaid hearing, which includes but is not limited to: the Request for Planning Commission Action dated June 12,2006 and exhibits attached thereto; and the public testimony all of which are incorporated herein by this reference. ADOPTED this 12th day of June 2006 by the following vote: AYES: Commissioners: Betancourt, Cribb, De La Torre, Gartner, Leo, Lutz (6) NOES: Commissioners: None (0) ABSENT: Commissioners: Rodriguez (1) ABSTENTIONS: Commissioners: None (0) Christopher Leo Chairman APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee O. Otto Assistant City Attorney Resolution No, 2006-014 Page 3 of 4 31A-15 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Clerk of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2006-014 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on June 12, 2006. Date: Clerk of the Planning Commission City of Santa Ana Resolution No. 2006-014 Page 4 of 4 31A-16