HomeMy WebLinkAbout31A - 801 E. FIRST ST.
CITY COUNCil MEETING DATE:
CLERK OF COUNCil USE ONLY:
REQUEST FOR
COUNCIL ACTION
MAY 21, 2007
TITLE:
VARIANCE NO. 2007-04 TO ALLOW A
DRIVEWAY WITHIN 150 FEET OF THE
STREET INTERSECTION AT 801 EAST
FIRST STREET - ECONOMIC OPPORTUNITY
COMMISSION OF SAN LUIS OBISOPO
COUNTY, APPLICANT
APPROVED
o As Recommended
o As Amended
D Ordinance on 1st Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
,-,~ {~~~/~f~
U, CIWMANAGE
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Receive and file the staff report approving Variance No. 2007 - 04 as
conditioned.
PLANNING COMMISSION ACTION
On April 23, 2007, the Planning Commission approved Variance No. 2007-04
as conditioned by a vote of 7:0 to allow a driveway within 150 feet of
the street intersection for a new childcare center at 801 East First
Street in the Arterial Commercial (C5) zoning district. The Planning
Commission made no changes to the recommended conditions of approval
outlined in the attached staff report (Exhibit A) .
FISCAL IMPACT
There is no fiscal impact associated with this action.
~revino
~C~~i~~ Director
Planning & Building Agency
CR:rb
cr\reports\va07-04.cc
31A-1
REQUEST FOR
Planning Commission Action
PLANNING COMMISSION SECRETARY
PLANNING COMMISSION MEETING DATE:
APRIL 23, 2007
TITLE:
PUBLIC HEARING - VARIANCE NO. 2007-04
FILED BY RANDY DETTMER FOR THE ECONOMIC
OPPORTUNITY COMMISSION OF SAN LUIS OBISPO
COUNTY TO ALLOW A DRIVEWAY WITHIN 150 FEET
OF THE STREET INTERSECTION AT 801 EAST
FIRST STREET
Prepared by Carlos Rodriguez
APPROVED
o As Recommended
o As Amended
o Set Public Hearing For
DENIED
o Applicant's Request
o Staff Recommendation
CONTINUED TO
~ E,~ti~ D;~ct"
RECOMMENDED ACTION
l~ ~ PUIr-
Planning Manager
Adopt a resolution approving Variance No. 2007-04 as conditioned.
DISCUSSION
Request of Applicant
The applicant, Randy Dettmer, on behalf of the Economic Opportunity
Commission of San Luis Obispo County, is requesting the approval of a
variance to allow a driveway to be located within 150 feet of the street
intersection in conjunction with a new 3,810 square foot child care center
to be built at 801 East First Street.
Property Description
The property is rectangular in shape and is situated on the northeast
corner of Lacy and First Streets, and is approximately 22,564 square
feet in size. The project site is currently vacant and consists of five
parcels. The property is located within the Arterial Commercial (C5)
zoning district and has a General Plan land use designation of General
Commercial (GC). Surrounding land uses include residential uses to the
north, and commercial to the south, east and west (Exhibits 1 and 2) .
Project Description
The applicant proposes to construct a new one-story, 3,810 square foot
Headstart child care center. The facility will include classrooms, an
office, kitchen, and restroom facilities to support 36 students. A total
of four teachers and three staff are proposed to supervise the children.
EXHIBIT A
31A-2
Variance No. 2007-04
April 23, 2007
Page 2
Additionally, 13 parking stalls are provided on-site and satisfy the
parking requirement for day care facilities. A passenger
loading/unloading zone is also provided as required by the parking
requirement of the City. Lastly, an outdoor playground for the students
is proposed at the rear of the building and will occupy approximately
2,400 square feet (Exhibits 3 through 5) .
The proposed building will be of a modern architectural style that will
complement surrounding commercial uses. The exterior finish will be
stucco with recessed aluminum screed and will use aluminum storefront
windows. Additionally, the applicant will use a flat concrete roof tile
for the building. Lastly, landscaping will be provided on site that
complies with the commercial landscape standards of the City (Exhibits 6
through 8) .
Analysis of the Issues
The applicant is requesting approval of a variance from Section 41-
428 (a) of the Santa Ana Municipal Code (SAMC) to allow a reduction in
the distance required for a proposed driveway from a street
intersection. Per Section 41-428, no driveway shall be located within
150 feet of any street intersection corner radius, nor shall there be
more than one vehicle entryway and one vehicle exit way for each 150
feet of street frontage.
The proj ect site is located on an arterial street and is bounded by a
public street on the west and a separate adjoining property on the east.
The site on the east is vacant but is not owned by proj ect applicant.
Due to the existing site constraints the applicant is unable to provide
additional street frontage for the site so that the proposed one way
exi t driveway is not located wi thin 150 feet of the corner radius.
Moving the driveway outside of the 150 feet would minimize the ability
for the applicant to provide a usable building along with the required
amount of parking. As the lot is only 86 feet deep, there are limited
site layouts that would efficiently provide an efficient building design
along with the required parking and landscaping. Lastly, the City
discourages driveways along Lacy Street as it is a residential street,
so all driveways must be located along First Street.
The location of the driveways allows for the safe entry and exit of all
workers and patrons of the child care center. Section 41-428(b)
additionally requires that the design of vehicle access ways and parking
areas be practical. As designed, the parents and staff of the students
31A-3
Variance No. 2007-04
April 23, 2007
Page 3
will be able to enter and exit the site and park in an orderly fashion.
Removing the second driveway from the site would no longer allow for the
safe entry and exit of vehicles onto the project site and would create
traffic impacts such as cars trying to back out onto First Street.
Based on the analysis of the project and the project's compatibility
with the City's General Plan and applicable development standards, staff
recommends approval of Variance No. 2007-04 as conditioned.
CEQA Compliance
In accordance with the California Environmental Quality Act, the
recommended action is exempt from further review per Section 15332. This
Class 32 exemption allows for in-fill projects in urban areas on project
sites of no more than five acres. Categorical Exemption Environmental
Review No. 2006-150 will be filed for this project.
~. /. ~~......
/~
Carlos Rodriguez
Assistant Planner II
CR:jm
cr\reports\va07-04.pc
31A-4
P SP-3
SP-3
0 50-21 R1
0 Ml R3 A3
M2
"'0
'" ....,! A1
M2 M1R3 ~~
C2 C1 ' 0
~ ill I C2 p'.'""
C, C3-HDII
^
0 C2 e. ~
C3-A C3-A _HDII
R2
C2
o
" '.. 1\3:a R3 , R' R3 R3
I C-.B-
SM ~l R1 R1 M1 M1
c- .
SM A1
A1
A1
e"
" Aq M2
I I R1
~~B M1
R1
R1 88 M1
nnnn
A1
.B
C-SM
C1
C1-MD
C2
C3
C3-A
C4
C5
GENERAL AGRICULTURAL
PARKING MODIFICATION
COMMERCIAL SOUTH MAIN
COMMUNITY COMMERCIAL
COMM. COMMERCIAL.MUSEUM DISTRICT
GENERAL COMMERCIAL
CENTRAL BUSINESS
CENTRAL BUSINESS-ARTIST' VILLAGE
PLANNED SHOPPING CENTER
ARTERIAL COMMERCIAL
CA
GC
M1
M2
MO
o
P
PCD
PAD
COMMERCIAL RESIDENTIAL
GOVERNMENT CENTER
LIGHT INDUSTRIAL
HEAVY INDUSTRIAL
MILITARY OPERATIONS
OPEN SPACE
PROFESSIONAL
PLANNED COMMUNITY DEVELOPMENT
PLANNED RESIDENTIAL DEVELOPMENT
A1
A2
A3
A4
AE
SD
SP
SINGLE-FAMILY RESIDENCE
TWO-FAMILY RESIDENCE
MULTIPLE-FAMILY RESIDENCE
SUBURBAN APARTMENTS
RESIDENTIAL ESTATE
SPECIFIC DEVELOPMENT
SPECIFIC PLAN
~"
~<'."'!
"...,
~=u.'.. .
VA 07-4
HEADSTART CHILDCARE CENTER
801 EAST FIRST STREET
A
.gy'
- = 500 FEET
1" = 1000 FEET
PLANN
N G
AND
B U
L D
N G
AGE N C Y
VICINITY MAP
3 f~!'8T 1
SINGLE FAMILY RESIDENTIAL 0 F F C E
SFR I- ~
W :l
"
W COMMERCIAL SINGL FAMILY RESID NTIAL [fi
a:
RESID NTlAL l- I-' I ~
SINGL FAMIL Ul Ul
SECOND STREET
~
.. S/ G L E F M / L R SIDENTIAL
"- G
" <r
.. SFR "' INDUSTRIAL
" "
S NGLE MILY ;; "
ESIDE TIAL Q 0
" ...J
> W
() COM. iL
~ "- a:
c 0 M M E R C / A L " <I: INDUST IAL
..
" COM ERCIAL Cl
;;
FIRST STREET
I-' I-'
Ul Ul SIN LE F MILY
COMMERCIAL
COMMERCIAL Ii: C 0 M M E R C A L ~ R SIDEN IAL
0 0
~ <I:
() SFR ...J
...J
:E <I: COMMERCIAL
J:
$FR 0 P L X MULTI AMIL
R S.
IIIi3\
\W
VA 07-4
HEADSTART CHILDCARE CENTER
801 EAST FIRST STREET
~
g.{'
P LAN N
N G
AND
B U
L D
N G
AGE N C Y
LAND USE MAP
EXHIBIT 2
31A-6
"~ ~ u
." "'i
Ipl'!
I'i' ~l Ii ~
s!'lllj . H~ ih ;~
!,.l
~ D ~
. 'Iil'!:
" i 11'1 5
~i~ ; ~~;~
Ii! Iii'! 1\
r' I l'i, T
~ ~"~
" ;"illl'"
r 'i ,,'l !'
-I t I"~,' II
:!l 1!!II!'i
!11,II!m!!l!
1
~l
~i
i'i
~
! ~ I ~~
III I d
<;Wi'lI75 ><CO t>WV 117<; =
SOl>E6 B8 6:lif'P '!Tl ues 188~ II!H E98
oJnpOt!Lj:JJ\f .J8UJll.ao
T
!'"
I
1,,11
!li'i'
~ n i ~
,,,,, I
Ii I .lj
i!;l j.
!'i
,!,
Il!
~-I'
~~%: '~
; ill-
Iii !1I Ii!
J ,I P" 'il i
~~~h~~i~d'
, I
I i Ii I
! h l! !
i
"H ll,!
!. 'Is ~~ ~~l
" I~ ~~~~I'
~i fl~ ; ~in
~. ~ ~ ,~~~~~{ ..
Ql ~u ~ ;~il!lil . i'"
z ~.. ' <(
'" ill' . 0
lei!. ~~~! f-
I "i ~ U
, cr: I HI~ ~ UJ
, ,0,. ;!,,!!.h ,
J' 0,., ""Ii! 0
__.ii~I~~3~~JJ g:
~
~-." -
!
Ii
[] ~
!
lill'
,i.
mt___
II
, ~l
Ii !i!
co:m 1\1 iiHi:r
I ~,ll! l-
I 1~1--
i:.~!id!
!:~ 0/
:::- -- ~ft
;~
D
'I
l!lp,
h~l._ __
.
.
______t_n
p
II
~
!
1111
,i!l:
~_~rt 1_
I,
~ ~
.,
,.
II
~ ~l
I"
j!
/
I.
IS
.,
,
, .
. 1,1,
,,,
1"(,
~~~~I
"-J
,
I
i "
ldi
~l!!
z
0
f=
'"
>
W
.J
W
f-
w
w
a::
f-
(f) Z Z
f- 0 0
(f) f= f=
a:: <(
u: <(
> >
W W
1 .J .J
I w II w
t:li f- II f-
(f) .. (f)
W
0, <( ~
UP W
!
I!ll!
~~~~
f-
::::J
/ ". 0
// ~hi: ~
_-:"""". ~. ,; ,~UI-.J
'", ~ i ~~
l 1 111'1'; il!i!! II 1 ~ ~-1 S J. ::l~-:.~r!~ ~
1 Il'I"!"-'-! I!~
II. 'Iil.JI.lII'.i - - - - - - - ... . ... J. I!~
1. ';:';"-i;;i.,.ji",,-O-'.i-i''''-imjO~::,:~: --
VA 07-4
3 'tAWP 3
-------.--.---1
i
I
I
I
____m_1
,
i
,
,
,
,
I
-.--.-._____1
i
i
______....J
-.--.----------i
I
!
I
i
i
,
,
J
" ~
e
.
o
~
9
~
f-
W
W
0:
f-
'"
f-
en
0:
LL
~
~
-'
o
1
>-
.l~~.lS A:J'v'l
e
VA 07-4
ffy{~~ 4
-
'" ~\
'" '
o \
~~\
\)\p 0
t\
-----------------0,
\
p
o
'p
,
p
- --------
r
,
\
-0\
0\
'6
t
~
.J
0-
~
'3
U-
~
...
. 't,t>
...It
V~ 07-4
31 A_gXt-\IBIT 5
-
~
"'
t
~ 0
o~
~~
..
~ ill
co '"
'" Z
r r
i ~
~%
\'i .,;
i.(}, I:::
- "
'" 00
~ OX
'3~
9, \-0
m Ul()
"' r
'tJ ~'O
\\l '05
'N .t.()
\d- -
5
-
~
W
td
W
'tf
'U>
'd;
~
U-
\
~
\-u;
?~
O~
Cf);>;
31A-10
0-'
f,i
0"
M
"'0,
"''''
~
--
'\1,..01-4
E}(.H\al1' 6
~
~
G)
{rl
'u;
<C
uJ
-
z
o
-
r-::J
<(>-
>
UJ
...J
UJ
J:
r- 'd-----
0:::
o
Z VA 07-4
31A-1 fXHIBIT7
~
c
'"
l;
o
z
'"
Z
o
-
r-
<(
>
LU
...J
UJ
r-
ef)
LU
3
'~'"'I"'I"' ".... m,Oo>", -"" ,e..."..
iliOO-D" "' 'r1'''' ~:1lJaflV 'Y H~~NN:1){ ";,;",'
".'~ll'l'
'm-9T~6'f.l'''-'lWI[ ,","",~'~'Il.l","(\N"
"'~' -""""'S
q!YOIIO"~TI iT".' -'.r.-~, 1,__
90916 YlNlIQU1V) 'vNV V lNVS rn~.LSLS"III:I1SV3 ag -
"lI3!.1.NEr:Jl Elli!'lIJJmlillC JL'!lil(JL~<OIV'3UHI .lN1mmi/\/
." -
.~...... . .
1I0:lSNV1<llVlrtJ.:)l1JH:)W:Jd'050NYl NVld 9NIINVld
~l1i 'US'
~l~j9 '!, l~~
~Ih
-.._.._..."'_.__''^''......,,_...,,_''''''''_''''_'''''.........~'''___<>-__....TWO_..."''......_~...._..''''"''___.._"..""".... '''''''''""~'^''..~'....._-,_.........._.....,...,...
~!
0~
l'
t'
~g
!l
~
133111S
^ J V 1
VA 07-4
31AUI!I':28
.j ! II I' llll!"l
!l dU!!lll ,111.1.,
II I!!!!.!! II ill;!!! I
!,ll ! ill!l"iJi l'II'illl
1'1 I 1IIIIl Ill! lit,;
II ! l IUIU!"! l'l!!!i!
llll'I,:!b,!l!l lid!"
1111!!lll!lll'!II! !illli!!
'1"11 ! 11'11 1'1'1
I ,lll~,! .il I ; i!ll !llll!!
l 11111'1'11 11Lj 1'1 '(,
, I' 'l!d-, ! II'!~ lill!l
'l!j'I!I,I'IHi:'!'ll'
JIlllIlll'l,!II! Ii!,'" !li,',1
~I'! '1!lli!llil!I-llII11ll!!llInlilli
Z I illll! 1'11\<\< llllil'
~ II ~1"!I'II"II~I!! Ii ill-I!ll! dl'I,11
D.l j Ii j ",ll ,I. .1
z
<:(
....J
,Cl..
lJ
Z
! r-
I Z
<:(
{J~~ c:
>-
W
W
'"
>-
of>
I ,-I----c-
j ,I
"
~~~llj'~ ~~- ~
~ lllnUl 1 I ·
f ~
4 ~",~~~~E''' ~
: :
-- - !
, l !j I II 1'1, I
~ IId!dH I:! l;l,~
~ H I q i ! l! !l' '!I'1l
~ 11'!~liii H! ii~B
~ 'I i i H. 811, , II" ~
,,~!!lid"i11 ~'I' ,':10
ill ~ ~,Hi d j " ~, I i ,j" I
lit ~~n8:!j~~d ~ il'
;.' ""~l l J........- \
~ i n@Q@@@G@ ~ j
>-
of>
'"
U-
i 1.-..., :
~ , ~
,
" I i i I
. , , , .
~ - - .
_.~-
! ~
I I l! '
f I " i !! -,'j
, I Ii! i i i~;
~ i 1111' I ~ Ii
~ n I Iii U! i II
}it ~~~~~ ~
-1 ~~~~m ~
~
j ~
D. .
KO- 4/10/07
RESOLUTION NO. 2007-020
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING VARIANCE NO.
2007-04 AS CONDITIONED TO ALLOW A DRIVEWAY TO
BE LOCATED WITHIN 150 FEET OF THE STREET
INTERSECTION FOR THE PROPERTY LOCATED AT 801
EAST FIRST 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. 2007-04 to allow a
driveway to be located within 150 feet of the street intersection at 801 East
First Street.
B. Variance No. 2007-04 came before the Planning Commission of the City
of Santa Ana for a duly noticed public hearing on April 23, 2007.
C. Santa Ana Municipal Code Section 41-428 states that "there shall be no
more than one (1) vehicle entryway and one (1) vehicle exit way for each
one hundred fifty (150) feet of street frontage of the lot. No such entryway
or exit way shall be located within one hundred fifty (150) feet of any street
intersection corner radius."
D. Variance No. 2007-04 has been filed with the City of Santa Ana seeking to
allow a driveway to be located within 150 feet of the street intersection at
801 East First Street.
E. Santa Ana Municipal Code Section 41-638 authorizes the Planning
Commission to grant a variance upon making certain findings.
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.
Due to the configuration of the lot and the placement of the
proposed building, denial of the variance would deprive the
property owner the privilege of constructing a quality child
31A-13
Resolution No. 2007-020
Page 1 of6
care center. The property is bounded by a public street on
the west and south, and a lot owned by a separate owner to
the east. The applicant is unable to expand the lot and
therefore cannot accommodate the 150 driveway separation
requirement from the street corner. The applicant has fully
utilized the existing area and provided a high quality project
that complies with the required off-street parking requirement
of the City, Additionally, the on-site circulation allows for a
greater amount of movement with the proposed two
driveway entrances.
2. That the granting of a variance is necessary for the preservation
and enjoyment of one or more substantial property rights.
The granting of the variance would allow the property owner
the opportunity to develop a quality project on the site. Not
allowing the variance would force the applicant to construct a
smaller child care service and provide on site circulation in a
less efficient manner.
3. That the granting of a variance will not be materially detrimental to
the public welfare or injurious to surrounding property.
The proposed child care center will have no detrimental
impacts to the surrounding neighborhood, The size, scale,
and design of the proposed child care contributes to a quality
development project. The one story, modern styled building
creates a balance between the existing commercial along
First Street and the existing residential development to the
rear of the project. Policy 2.2 of the Urban Design Element
encourages development that is consistent with the scale,
bulk, and pattern of existing development. Additionally,
Policy 6.2 of the Circulation Element discourages the use of
residential streets to provide access to non-residential
development. As Lacy Street is a residential street, the
applicant is unable to provide an alternate driveway location
along that street.
4. 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
City's General Plan in any way as the land use designation
of General Commercial (GC) child care centers.
Additionally, the proposed use is consistent with the
development goals of the General Plan. Policy 2.10 of the
Land Use Element encourages developments that are
31A-14
Resolution No. 2007-020
Page 2 of 6
harmonious in scale and character with the existing
neighborhood development.
F. In accordance with the California Environmental Quality Act, the
recommended action is exempt from further review per Section 15332,
This Class 32 exemption allows for in-fill projects in urban areas on project
sites of no more than five acres. Categorical Exemption Environmental
Review No. 2006-150 will be filed for this project.
Section 2. The Planning Commission after conducting the public hearing hereby
approves Variance No. 2007-04 as conditioned in Exhibit "A" attached hereto and
incorporated herein, to allow a driveway to be located within 150 feet of the street
intersection at 801 East First Street.
This decision is based upon the evidence submitted at the above said hearing,
which includes but is not limited to: the Request for Planning Commission Action dated
April 23, 2007 and exhibits attached thereto and the public testimony, all of which are
incorporated herein by this reference.
ADOPTED this 23rd day of April, 2007 by the following vote:
AYES: Commissioners: Alderete, Betancourt, De La Torre, Gartner, Leo,
Mill, Munoz (7)
NOES: Commissioners: None (0)
ABSENT: Commissioners: None (0)
ABSTENTIONS: Commissioners: None (0)
Christopher Leo
Chairman
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Kylee Otto
Assistant City Attorney
31A-15
Resolution No. 2007-020
Page 3 of 6
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the
attached Resolution No. 2007-020 to be the original resolution adopted by the Planning
Commission of the City of Santa Ana on April 23, 2007.
Date:
Planning Commission Secretary
City of Santa Ana
31A-16
Resolution No. 2007-020
Page 4 of 6
Conditions for Approval for Variance No. 2007-04
Variance No. 2007-04 is approved subject to compliance, to the reasonable satisfaction
of the Planning Manager, 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.
The applicant must comply in full 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. Plannina Division
1. The project shall remain in compliance with Site Plan Review DP No. 06-
64.
2. Any amendment to this variance must be submitted to the Planning
Division for review. At this time, staff will determine if administrative relief
is available or the variance must be amended.
Exhibit A
Resolution No. 2007-020
Page 5 of 6
31A-17
PROOF OF SERVICE
(C.C.P. SECTION 1013(a), 2015.5)
STATE OF CALIFORNIA. COUNTY OF ORANGE
I am employed in the aforesaid county; I am over the age of eighteen and not a
party to the within action; my business address is 20 Civic Center Plaza, Ross Annex
2nd, Santa Ana, California 92702.
Randy Dettmer
663 Hill Street
San Luis Obispo, CA 93405
[ ] I caused to be delivered by courier, such envelope by hand to the office of the
addressee(s).
[X] BY MAIL I am readily familiar with my employer's practice of collection and
processing correspondence for mailing. Under that practice it would be deposited with
U.S. Postal Service on that same day with postage thereon fully prepaid at Santa Ana,
California in the ordinary course of business. I am aware that on motion of the party
served, service is presumed invalid if postal cancellation date or postage meter date is
more than one day after date of deposit for mailing in affidavit.
[ ] The document was transmitted by facsimile transmission and was reported as
complete and without error.
I declare under penalty of perjury under the laws of the State of California that
the foregoing is true and correct.
Executed on [date] at Santa Ana, California.
MARTHA RAMIREZ
31A-18
Resolution No. 2007-020
Page 6 of 6