HomeMy WebLinkAbout31B - 601 N BAKER STREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
DECEMBER 3, 2007
TITLE:
CONDITIONAL USE PERMIT NO. 2007-22
AND VARIANCE NOS. 2007-10 AND 2007-12
TO VARY FROM THE LANDSCAPED SETBACKS
AND FENCING STANDARDS FOR A MODELING
SCHOOL AT 601 NORTH BAKER STREET -
ILONA MARTIN, APPLICANT
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 15f Reading
^ Ordinance on 2"d Reading
^ Implementing Resolution
^ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Receive and file the staff report approving Conditional Use Permit No.
2007-22 as conditioned, Variance No. 2007-10 as conditioned, and Variance
No. 2007-12 as conditioned.
PLANNING COMMISSION ACTION
On November 26, 2007, the Planning Commission adopted a resolution
approving Conditional Use Permit No. 2007-22 as conditioned, adopted a
resolution approving Variance No. 2007-10 as conditioned for a reduction
in landscaped setbacks, and adopted a resolution approving Variance No.
2007-12 as conditioned to allow a fence that exceeds the allowable height
for a modeling school by a vote of 6:0 (Gartner absent) at 601 North Baker
Street in the Single-Family Residential (R-1) 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.
M. Trevino
Executive Director
Planning & Building Agency
VF: rb
of/reports/CUP07-22&VA07-10&12.cc
31 B-1
CITY MANAGER
REQUEST FOR
Planning Commission Action
PLANNING COMMISSION MEETING DATE:
NOVEMBER 26, 2007
TITLE:
PUBLIC HEARING - FILED BY ILONA MARTIN
FOR CONDITIONAL USE PERMIT NO. 2007-22
AND VARIANCE NOS. 2007-10 AND 2007-12 TO
VARY FROM THE LANDSCAPED SETBACKS AND
FENCING STANDARDS FOR A MODELING SCHOOL
AT 601 NORTH BAKER STREET
PLANNING COMMISSION SECRETARY
APPROVED
^ As Recommended
^ As Amended
^ Set Public Hearing For
DENIED
^ Applicant's Request
^ Staff Recommendation
CONTINUED TO
Prepared by Vince Fregoso
~~
~ Executive Director Planning Mana er
RECOMMENDED ACTION
1. Adopt a resolution approving Conditional Use Permit No. 2007-22 as
conditioned.
2. Adopt a resolution approving Variance No. 2007-10 as conditioned for
a reduction in landscaped setbacks.
3. Adopt a resolution approving Variance No. 2007-12 as conditioned to
allow a fence that exceeds the allowable height.
DISCUSSION
Request of Applicant
Ms. Ilona Martin, representing Luis Marmol and the Brand Modeling School,
is requesting approval of a conditional use permit and variances to allow
a modeling school within an existing 3,500 square foot building at 601
North Baker Street. Specifically, the applicant is proposing to operate a
private school and to reduce the required landscaped setbacks and to
maintain a fence that exceeds the allowable height.
Property Description
The subject site is a 13,100 square foot, rectangular shaped parcel of
land that is located on the northeast corner of Sixth and Baker Streets.
The site contains a 3,500 square foot building that has been vacant
since 2001 but was formerly occupied by The Women's Club of Santa Ana
from 1948 until 2001.
EXHIBIT A
31 B-2
Conditional Use Permit No. 2007-22
Variance Nos. 2007-10 and 2007-12
November 26, 2007
Page 2
The project site is zoned Single-Family Residential (R-1) and has a
General Plan land use designation of Low Density Residential (LR-7).
Surrounding land uses include single-family and multi-family residential
to the north and west, and single-family residential to the south and
east (Exhibits 1 and 2).
Proiect Description
The applicant is proposing to operate Brand Models, a private modeling
school and talent agency, within a vacant, 3,500 square foot building.
The school currently operates in Santa Ana and is relocating due to the
expiration of their lease. The business is an establishment that
represents and assists models in their career decisions. Additionally,
the business provides classes for existing and potential models in the
basics of modeling and prepares them for trade shows, the advertising
industry, the runway industry and the television (acting and
commercials) industry. The school will operate Monday through Friday
from 9:00 a.m. to 6:00 p.m. A total of 19 parking spaces are required
for the project while 20 spaces have been provided (Exhibits 3 and 4).
Analysis of the Issues
Conditional Use Permit
The applicant is proposing to operate a private modeling school within a
Single-Family Residential (R-1) zoning district. Section 41-232.5 (c) of
the Santa Ana Municipal Code (SANG) requires a conditional use permit
for any private school within the R1 zoning district.
The purpose of the conditional use permit is to ensure that the proposed
use will not adversely impact the surrounding neighborhood.
Historically, the building was used as a community service center until
2001. The applicant is proposing to operate a less intense, private
school and talent agency on the premises. Modeling, acting and related
classes will be held on the premises and are generally limited to 8-12
students at one time and utilize a small portion of the building.
Further, the site is screened by a landscaped fence on all sides, with
the parking lot adjacent to residential uses screened by a six-foot high
fence with a new five-foot wide landscaped setback. As the modeling
school will be a less intense use that will have no impact on the
surrounding neighborhood, staff is supportive of the conditional use
permit.
31 B-3
Conditional Use Permit No. 2007-22
Variance Nos. 2007-10 and 2007-12
November 26, 2007
Page 3
Setback Variance
The applicant is requesting a variance to allow a reduction in the
landscaped setbacks for the project. The subject site is a legal
nonconforming site as the site does not comply with the setback
provisions of the zoning code and has been vacant for over one year. As
a result, a variance from Section 41-234 of the SAMC to vary from the
minimum setback standard of 20 feet is required for this project.
The building currently meets the setback standards; however, the setback
adjacent to the parking lot on Baker Street is five to six feet in width.
The applicant is proposing various improvements, such as adding a loading
zone and trash enclosure, installing landscaped setbacks adjacent to
residential uses, and striping, that will bring the parking lot into
conformance with code. The requirement of a 20-foot setback on Baker
Street would result in the loss of four parking stalls and would result in
a site that does not comply with the parking standards. Staff is
supportive of this variance as a reduction in parking could have an
adverse impact on the adjacent properties as the loss of the parking
stalls could result in parking on City streets that currently are impacted
by a high demand for street parking.
Fence Variance
The applicant is also requesting approval of a variance to maintain the
existing six-foot high chain link fencing along the property lines.
Section 41-610 of the SAMC requires fences on street frontages to be a
maximum height of three feet on non-arterial streets (Sixth and Baker
Streets) and prohibits chain link as a fencing material.
The applicant is proposing to maintain the existing fence as the fence,
in conjunction with the existing landscaping, serves as an amenity to
the site. The chain link fence is currently screened by a mature hedge
that is six feet in height. The removal of the fence would result in
damage to the existing landscaping and most likely lead to its removal.
Although the six-foot high fence in the front yard setback could be a
barrier to the Police and Fire Departments, both departments have
determined that the fence would not impact their ability to respond to
calls for service. Further, the applicant is proposing to remove the
visible (two pedestrian entry gates and vehicular entry gate) chain link
fencing material that is no longer permitted in the residential zoning
district and replace it with decorative wrought iron.
31 B-4
Conditional Use Permit No. 2007-22
Variance Nos. 2007-10 and 2007-12
November 26, 2007
Page 4
One of the goals of the Land Use Element of the City's General Plan is
to preserve and improve the character and integrity of existing
neighborhoods. The project will preserve the character of the
surrounding neighborhood and will contribute to the general well being
of the community by allowing a private school within an existing
building that will minimize impacts to the adjacent residential uses.
Further, the building will enhance the economic stability of the area by
converting a vacant building into a vital, active property.
To prevent the site from becoming an attractive nuisance, the Planning
Division is recommending conditions of approval such as maintaining the
perimeter landscaping and limiting signage that faces the residential
uses. These conditions will assist in minimizing impacts to the
adjacent residential uses.
The proposed use is in compliance with various policies outlined in the
General Plan Land Use Element. The use has been designed to comply with
code and to minimize impacts to adjacent properties. Therefore, based
upon an analysis of the project and the project's compatibility with the
City's General Plan and applicable development standards, staff recommends
that the Planning Commission approve Conditional Use Permit No. 2007-22,
Variance No. 2007-10 and Variance No. 2007-12 as conditioned.
CEQA Compliance
In accordance with the California Environmental Quality Act, the
recommended action is exempt from further review pursuant to Section
15301. This Class 1 exemption allows the permitting of existing
structures where no expansion is proposed. Categorical Exemption No.
2006-174 will be filed for this project.
~-~ ~'
Vince Fregoso, ICP
Senior Planner
VF jm
Vf/reports/CUP07-22&VA07-10&12.pc
31 B-5
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VA 07-12
KO- 11 /20/07
RESOLUTION NO. 2007-39
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING CONDITIONAL
USE PERMIT NO. 2007-22 AS CONDITIONED TO ALLOW
A PRIVATE SCHOOL; AND VARIANCE NO. 2007-10 AS
CONDITIONED TO ALLOW A REDUCTION IN
LANDSCAPE SETBACKS AND VARIANCE NO. 2007-12
AS CONDITIONED TO ALLOW A REDUCTION IN STREET
FRONTAGE FOR THE PROPERTY LOCATED AT 601
NORTH BAKER 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 Conditional Use Permit No. 2007-22 to
allow a private school; and Variance No. 2007-10 to allow a reduction in
landscape setbacks and Variance No. 2007-12 as conditioned to allow a
reduction in street frontage for the property located at 601 North Baker
Street.
B. Conditional Use Permit No. 2007-22, Variance No. 2007-10 and Variance
No. 2007-12 came before the Planning Commission of the City of Santa
Ana for a duly noticed public hearing on November 26, 2007.
C. Conditional Use Permit No. 2007-22 has been filed with the City of Santa
Ana seeking to allow a private school within the Single-Family Residence
(R1) district.
1. Pursuant to Santa Ana Municipal Code Section 41-6232.5, private
schools may be permitted in the R1 district subject to the issuance of
a conditional use permit.
2. Santa Ana Municipal Code Section 41-638 authorizes the Planning
Commission to grant a conditional use permit upon making certain
findings.
Will the proposed use provide a service or facility which will
contribute to the general well being of the neighborhood or
community?
The private school will contribute to the general well
being of the neighborhood by providing a less intense
Resolution No. 2007-39
Page 1 of 10
31 B-10
private school use within an existing residential
neighborhood. Conditions have been placed on the
project that will mitigate any potential impacts created
by the use and ensure that the use will not negatively
affect the surrounding 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 proposed private school will provide a service to
the community by providing technical assistance in
career development to residents of Santa Ana.
Conditions of approval will require the use to maintain
a safe parking environment that will mitigate any
potential unforeseen impacts that could otherwise
affect the health, safety, or general welfare of persons
residing or working in the vicinity.
iii. Will the proposed use adversely affect the present economic
stability or future economic development of properties
surrounding the area?
The site as developed is suitable for the proposed
use. The private school identifies this site as a viable
property as it is converting a long vacant building into
a business that will generate employment for the
community, thereby contributing to the economic
stability of surrounding properties in the area.
iv
Will the proposed use comply with the regulations and
conditions specified in Chapter 41 for such use?
With approved variances for setbacks and fencing,
the proposed use will be in compliance with the
applicable sections of Chapter 41 of the Santa Ana
Municipal Code.
v.
Will the proposed use adversely affect the General Plan or
any specific plan of the City?
The proposed building is located in a Low Density
Residential (LR) General Plan land use area. The
proposed use as designed will not adversely affect
the General Plan as private schools are permitted
within Low Density Residential designation. In
addition, the project meets the goals and policies
Resolution No. 2007-39
Page 2 of 10
31 B-11
established in the Land U:
Plan as the project will be
residential neighborhood.
e Element of the General
enhance the integrity of a
D. Variance No. 2007-10 has been filed with the City of Santa Ana seeking to
reduce the landscaping from the required twenty (20) feet to five (5) feet
as required by Section 41-434 of the Santa Ana Municipal Code.
Santa Ana Municipal Code Section 41-638 authorizes the Planning
Commission to grant a variance upon making certain findings.
i. 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 special circumstances applicable to the
subject property. The subject site is aself-contained
site surrounded by existing residential uses. The
setback reduction is necessary due to the existing
configuration of the site and the need to maintain
adequate parking on the premises.
ii. 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 will preserve the property
owner's ability to utilize a property that has been
vacant since 2001 with a use that is less intense than
the previous use and is consistent with the intent of
the Single-Family Residential zoning district.
iii. That the granting of a variance will not be materially
detrimental to the public welfare or injurious to surrounding
property.
The granting of the variance will not be materially
detrimental to the public welfare or injurious to
surrounding properties as the project has been
designed to preserve the character of the surrounding
neighborhood. Further, conditions of approval have
been incorporated that will minimize impacts to the
surrounding residential neighborhood.
Resolution No. 2007-39
Page 3 of 10
31 B-12
iv. 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 General Plan of the City since the proposed
private school has been designed in conformance
with City Zoning, Development, and General Plan
requirements.
E. Variance No. 2007-12 has been filed with the City of Santa Ana seeking to
allow an increase in height of the front yard fence from three (3) feet to six
(6) feet and to allow the use of chain link fencing in the front yard as
required by Santa Ana Municipal Code section 41-610.
1. Santa Ana Municipal Code Section 41-638 authorizes the Planning
Commission to grant a variance upon making certain findings.
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 special circumstances applicable to the
subject property. The fencing for the site has been in
place for several years and has incorporated
landscaping to minimize visual impacts. The six-foot
high fence and landscaping provide additional
security to the site and act as a crime deterrent.
Maintaining the six-foot high fence is necessary as it
will allow the applicant to maintain a secure business
establishment.
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 will preserve the property
owner's ability to operate a private school on the
property that will be consistent with the intent of the
Single-Family Residential zoning district.
iii. That the granting of a variance will not be materially
detrimental to the public welfare or injurious to surrounding
property.
Resolution No. 2007-39
Page 4 of 10
31 B-13
The granting of the variance will not be materially
detrimental to the public welfare or injurious to
surrounding properties as the fence, with the existing
landscaping, is in character with the surrounding
neighborhood. Further, conditions of approval have
been incorporated to maintain the landscaping
adjacent to the existing fencing.
iv. 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 General Plan of the City since the proposed use
has been designed in conformance with City Zoning,
Development, and General Plan requirements.
F. In accordance with the California Environmental Quality Act, the
recommended action is exempt from further review pursuant to Section
15301. This Class 1 exemption allows the permitting of existing structures
where no expansion is proposed. Categorical Exemption No. 2006-174 will
be filed for this project.
Section 2. The Planning Commission after conducting the public hearing hereby
approves for the property located at 601 North Baker Street:
1. Conditional Use Permit No. 2007-22, as conditioned in Exhibit "A"
attached hereto and incorporated herein, to allow a private school
in the R1 district.
2. Variance No. 2007-10, as conditioned in Exhibit "B" attached hereto
and incorporated herein, to allow a reduction in the front yard
setback.
3. Variance No. 2007-12, as conditioned in Exhibit "C" attached hereto
and incorporated herein, to allow an increase in the fence height to
6 feet and to allow chain link fencing.
These decisions are based upon the evidence submitted at the above said
hearing, which includes but is not limited to: the Request for Planning Commission
Action dated November 26, 2007 and exhibits attached thereto; and the public
testimony, all of which are incorporated herein by this reference.
ADOPTED this 26~' day of November, 2007 by the following vote:
Resolution No. 2007-39
Page 5 of 10
31 B-14
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTENTIONS: Commissioners:
Alderete, Betancourt, De La Torre, Leo, Mill,
Munoz (6)
None (0)
Gartner (1)
None (0)
Christopher Leo
Chairman
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Kylee Otto
Assistant City Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the
attached Resolution No. 2007-39 to be the original resolution adopted by the Planning
Commission of the City of Santa Ana on November 26, 2007.
Date:
Planning Commission Secretary
City of Santa Ana
Resolution No. 2007-39
Page 6 of 10
31 B-15
Conditions for Approval for Conditional Use Permit No. 2007-22
Conditional Use Permit No. 2007-22 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 rip or to
exercising the rights conferred by this conditional use permit.
The applicant must remain in compliance with all conditions listed below throughout the
life of the conditional use permit. Failure to comply with each and every condition may
result in the revocation of the conditional use permit.
A. Planning Division
1. All proposed site improvements must conform to the Site Plan Review
approval of DP No. 2007-01.
2. Any amendment to this conditional use permit must be submitted to the
Planning Division for review. At that time, staff will determine if
administrative relief is available or the conditional use permit must be
amended.
3. A minimum six-foot high wall shall be maintained at the north and east
property lines to separate this use from the adjacent residential uses.
4. All site lighting shall be designed and located so as not to impact the
residential properties north and east of the project.
5. Non-illuminated signs shall only be permitted on the walls of the building.
6. Landscape material shall be upgraded to a minimum of 36-inch box trees
and 15-gallon shrubs within the parking lot.
7. Landscaping shall be maintained along the chain link fencing on Baker
and Sixth Streets at all times. In the event the landscaping is removed or
dies, the chain link fencing shall be replaced with fencing that complies
with code.
8. After project occupancy, landscaping is to be maintained to include the
minimum level of plant materials installed at the time of occupancy.
Exhibit A
Resolution No. 2007-39
Page 7 of 10
31 B-16
Conditions for Aaproval for Variance No. 2007-10
Variance No. 2007-10 is approved subject to compliance, to the reasonable satisfaction
of the Planning Commission, 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 riot 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. Planning Division
1. All proposed site improvements must conform to the Site Plan Review
approval of DP No. 2007-01.
2. Any amendment to this variance must be submitted to the Planning Division
for review. At that time, staff will determine if administrative relief is
available or the variance must be amended.
3. A minimum six-foot high wall shall be maintained at the north and east
property lines to separate this use from the adjacent residential uses.
4. All site lighting shall be designed and located so as not to impact the
residential properties north and east of the project.
5. Non-illuminated signs shall only be permitted on the walls of the building.
6. Landscape material shall be upgraded to a minimum of 36-inch box trees
and 15-gallon shrubs within the parking lot.
7. Landscaping shall be maintained along the chain link fencing on Baker
and Sixth Streets at all times. In the event the landscaping is removed or
dies, the chain link fencing shall be replaced with fencing that complies
with code.
8. After project occupancy, landscaping is to be maintained to include the
minimum level of plant materials installed at the time of occupancy.
Exhibit B
Resolution No. 2007-39
Page 8 of 10
31 B-17
Conditions for Aaproval for Variance No. 2007-12
Variance No. 2007-12 is approved subject to compliance, to the reasonable satisfaction
of the Planning Commission, 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 rior 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. Planninct Division
1. All proposed site improvements must conform to the Site Plan Review
approval of DP No. 2007-01.
2. Any amendment to this variance must be submitted to the Planning Division
for review. At that time, staff will determine if administrative relief is
available or the variance must be amended.
3. A minimum six-foot high wall shall be maintained at the north and east
property lines to separate this use from the adjacent residential uses.
4. All site lighting shall be designed and located so as not to impact the
residential properties north and east of the project.
5. Non-illuminated signs shall only be permitted on the walls of the building.
6. Landscape material shall be upgraded to a minimum of 36-inch box trees
and 15-gallon shrubs within the parking lot.
7. Landscaping shall be maintained along the chain link fencing on Baker
and Sixth Streets at all times. In the event the landscaping is removed or
dies, the chain link fencing shall be replaced with fencing that complies
with code.
8. After project occupancy, landscaping is to be maintained to include the
minimum level of plant materials installed at the time of occupancy.
Exhibit C
Resolution No. 2007-39
Page 9 of 10
31 B-18
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
2"d Floor, Santa Ana, California 92702.
I served the foregoing document described as: Resolution No. 2007-39
(Conditional Use Permit No. 2007-22 and Variance Nos. an m
this action by placing a true copy thereof enclosed in sealed envelopes addressed as
follows:
Ilona Martin/Luis Marmol
PO Box 2696
Newport Beach, CA 92659
[ ] 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
Resolution No. 2007-39
Page 10 of 10
31 B-19
31 B-20