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Home My WebLink About31C - 2230 N TUSTINREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 3, 2008 TITLE: VARIANCE NO. 2007-09 AND MINOR EXCEPTION NO. 2007-04 TO ALLOW A REDUCTION IN REQUIRED LANDSCAPING AND PARKING FOR A NEW RETAIL BUILDING AT 2230 NORTH TUSTIN AVENUE - GAETANO BELCORE, APPLICANT h C CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1 S` Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Receive and file the staff report approving Variance No. 2007-09 as conditioned and Minor Exception No. 2007-04 as conditioned. PLANNING COMMISSION ACTION On January 28, 2008, the Planning Commission adopted a resolution approving Variance No. 2007-09 as conditioned and Minor Exception No. 2007-04 as conditioned by a vote of 6:0 (Betancourt absent) to allow a reduction in required landscaping and parking for a new retail building at 2230 North Tustin Avenue in the Arterial Commercial (C5) zoning district. The Planning Commission added a condition that requires the reinforcement of the lower three feet of the new block wall to prevent its collapse if impacted by a vehicle or other unforeseeable event (Exhibit A). FISCAL IMPACT There is no fiscal impact associated with this action. a M. Trevino Executive Director Planning & Building Agency VF:rb of\reports\va07-09&me07-04.cc 31C-1 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: JANUARY 28, 2008 TITLE: PUBLIC HEARING - FILED BY GAETANO BELCORE FOR VARIANCE NO. 2007-09 AND MINOR EXCEPTION NO. 2007-04 TO ALLOW A REDUCTION IN REQUIRED LANDSCAPING AND PARKING FOR A NEW RETAIL BUILDING AT 2230 NORTH TUSTIN AVENUE 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 Manag RECOMMENDED ACTION 1. Adopt a resolution approving Variance No. 2007-09 as conditioned. 2. Adopt a resolution approving Minor Exception No. 2007-04 as conditioned. Zoning Administrator Action On November 14, 2007 the Zoning Administrator continued Minor Exception No. 2007-04 as conditioned to the Planning Commission. DISCUSSION Request of Applicant Mr. Gaetano Belcore, on behalf of the Heinecke Family Trust, is requesting approval of a variance and minor exception to allow a reduction in required landscaping and parking for a new retail building proposed at 2230 North Tustin Avenue. Property Description The subject property is approximately 3.84 acres in size and is located at the southwest corner of Tustin and Santa Clara Avenues. The property is flat, slightly irregular in shape and is currently occupied by three commercial buildings with a total floor area of 31,100 square feet. EXHIBIT A 31 C-2 Variance No. 2007-09 Minor Exception No. 2007-04 January 28, 2008 Page 2 The property is located in the Arterial Commercial (C5) zoning district and has a General Plan land use designation of General Commercial (GC). The site is surrounded by commercial uses to the north, south and east, and a pre-school and multi-family residential development to the west (Exhibits 1 and 2). Project Description The applicant is proposing to construct a new 6,170 square foot building on the vacant northern portion of the site. Although the uses have yet to be identified, the applicant is proposing to lease the building to a restaurant use(s) that requires parking at one space per 100 square feet of gross floor area. A total of 39 parking stalls are being provided for the new building while 62 spaces are required. A total of 206 parking spaces will be provided for the entire project site while 252 spaces are required (Exhibits 3 and 4). Analysis of the Issues The subject site is legal nonconforming as the site does not comply with various provisions of the zoning code, including parking, setbacks and landscaping. Section 41-681 of the Santa Ana Municipal Code (SANG), which governs nonconforming buildings and sites, requires the site to conform to all applicable provisions of the zoning code when a new building is proposed on a nonconforming site. As a result, the applicant is applying for a variance and minor exception to allow the proposed building. Landscaped Setback Variance The applicant is requesting approval of a variance from Section 41-427 of the SAMC to allow a reduction in required landscaped setbacks in conjunction with the new retail building. This section requires a 15- foot landscaped setback along Tustin Avenue and a five-foot setback along the west (rear) property line where parking is adjacent to a residential use. Currently, a five-foot setback is provided on the southern section of the site where the parking lot fronts Tustin Avenue and a 10-foot setback is provided adjacent to the existing north building. These two buildings were built in compliance with the zoning code but have become nonconforming due to changes to the development standards. In order to comply with the current front yard setback standards, approximately 350 31 C-3 Variance No. 2007-09 Minor Exception No. 2007-04 January 28, 2008 Page 3 square feet of building area and 36 parking spaces would need to be removed to accommodate the required setback. In addition, 14 more parking stalls would need to be eliminated to provide a five-foot landscaped setback along the west property line. Since this would result in a severe hardship to the existing tenants and the new building is in compliance with the current setback standards, staff is supportive of the setback variance. A five-foot wide landscaped setback is also required along the west property line of the proposed building. The applicant is proposing to install a four-foot, 10 inches setback and allow vehicles to overhang within this setback, effectively reducing the setback to three feet. In order to mitigate the impacts of the reduced setback area, staff is proposing a condition of approval to require larger and more trees than required by code. Finally, the applicant is requesting a variance to allow a reduction in required parking lot planters for the project. A total of 21 landscaped planters are required for the site while only 10 are provided. In order to comply with code, 11 parking spaces would have to be removed and replaced with landscaping. However, due to the adverse impact associated with reducing available parking for existing tenants, staff is supportive of the variance request. Minor Exception for Parking The applicant is also requesting approval of a minor exception from Section 41-1341 of the SAMC to allow a reduction in required parking so that the proposed building can be utilized as a restaurant use. Section 41-1340 through 41-1360 of the SAMC outlines the City's off-street parking code requirement for commercial land uses. Per Sections 41-1340 through 41-1342, five parking spaces are required for each 1,000 gross square feet of retail uses, 10 parking spaces for every 1,000 gross square feet of restaurant area and three spaces for every 1,000 gross square feet of office space. When the existing buildings were constructed, 170 parking spaces were required and provided on the site. Due to a change in tenant mix and the proposed new building, 252 spaces are now required with 206 to be provided, representing a shortage of 44 parking spaces (17 percent). 31 C-4 Variance No. 2007-09 Minor Exception No. 2007-04 January 28, 2008 Page 4 The applicant desires the parking reduction in order to maintain the existing tenants in the center and allow a restaurant use(s) within the new building. Currently, there are 17 tenants within the center and one tenant space that is vacant. The proposed restaurant use(s) within the new building is an attempt to provide local restaurant amenities to residents of the adjacent neighborhoods as well as employees of nearby businesses. The existing tenant mix in the shopping center combined with the new building will not comply with the City's off-street parking requirements. Section 41-632(3)(8) of the SAMC gives the City the ability to allow a parking reduction through the minor exception process up to a maximum of 20 percent of the required parking spaces. In addition, Section 41- 638.1(c) allows the possibility of a minor exception provided that the City can establish that no conflict will arise between parking for one use and parking for another use due to differences in utilization of parking spaces between the tenants. In order to analyze if the existing parking lot will be adequate to support the proposed uses, staff visited the site to determine actual parking usage. On November 6, staff performed vehicle counts during the peak hours of demand for the center (11:45 a.m. through 1:30 p.m.) and found 111 vehicles on the premises at 12:00 p.m. and 89 cars at 1:30 p.m. Although a 3,800 square foot restaurant space is currently vacant, the 38 spaces allocated for the use and the eight stalls needed to allow another 800 square feet of restaurant space results in a demand of approximately 157 parking spaces, less than the 170 on the premises. Further, the new building requires 66 parking stalls, making the theoretical demand for the center approximately 223 parking stalls. However, due to the shared parking concept, it is extremely unlikely that the restaurant spaces will need the amount of parking required by code. Based on similar developments in the City and staff's knowledge of shared parking studies, it is unlikely that the new restaurants will have an adverse impact on the site or surrounding properties. On November 14, 2007, a public hearing was held by the Zoning Administrator. At this meeting, the Zoning Administrator expressed concerns with four items: The absence of a shared parking study by an independent consultant that would validate the applicant's request for a parking reduction; the need for a strong internal pedestrian system since it was likely that patrons would park once and walk to the different uses 31 C-5 Variance No. 2007-09 Minor Exception No. 2007-04 January 28, 2008 Page 5 on the site; the concerns expressed by adjacent property owners regarding general parking issues in the area; and the need to hear the minor exception and variance together since they are inter-related actions. At the conclusion of the public hearing, the Zoning Administrator determined that, based on the above concerns and that the minor exception is of such magnitude as to be of special interest to the people of Santa Ana, the minor exception was referred to the Planning Commission for action. As a result of the concerns expressed by the Zoning Administrator, the applicant requested a continuance to revise the plans to address the four issues. First, in order to analyze whether or not the parking lot would be adequate enough to support the proposed use, a parking study was prepared by Kimley-Horn and Associates, Inc., a traffic engineering firm, for the project. The study was completed using actual parking counts of the site as well as the Shared Parking analysis using the methodology of the Urban Land Institute (ULI). The methodology used for conducting the parking analysis was the completion of actual parking lot counts for a similar existing land use plus assigning a parking demand for the vacant tenant spaces per the actual code requirements as well as the use of shared parking analysis data from the ULI. The ULI methodology considers the various uses within a center and allows for a reduction in parking based on customers parking once on the site and visiting multiple tenants, which effectively reduces to parking demand of the center. Both the actual parking count and ULI methodology concluded that sufficient parking will be provided to meet the parking demands of the retail center. The number of on-site parking spaces provided is 206, while the maximum number of parking spaces expected to be occupied during the peak weekday hour (1:00 p.m.) is 202, with 199 spaces during the peak weekend hour of 6:00 p.m. (Exhibit 5). Second, the applicant modified the plans to improve pedestrian circulation. Parking spaces and landscape planters were moved to allow direct links between the buildings on the site. Finally, the applicant has agreed to plant 18 Italian Cypress trees in the landscaped setback that separates the parking lot for the new restaurant from the child care center to the west. This additional landscaping will assist in screening the parking lot from the child care center. 31 C-6 Variance No. 2007-09 Minor Exception No. 2007-04 January 28, 2008 Page 6 In summary, the issuance of a minor exception and variance will allow a project that will benefit the community by providing an additional amenity to individuals who live and work in the area. Therefore, staff recommends that the Planning Commission approve Variance No. 2007-09 and Minor Exception 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 15303. This Class 3 exemption allows the construction of new commercial buildings that are less than 10, 000 square feet in size in urbanized areas and that do not utilize significant amounts of hazardous substances. Categorical Exemption Environmental Review No. 2007-08 will be filed for this project. -~----` ` Vince Fr goso,"AICP Senior P1 r VF j m vt\reports\va07-09&me07-04.012808.pc 31 C-7 Al GENERAL AGRICULTURAL -B PARKING MODIFICATION C1 COMMUNITY COMMERCIAL C7-MD COMMUNITY COMMERCIAL-MUSEUM DISTRICT C2 GENERAL COMMERCIAL C3 CENTRAL BUSINESS C3-A CENTRAL BUSINESS-ARTISTS' VILLAGE C4 PLANNED SHOPPING CENTER C5 ARTERIAL COMMERCIAL CR COMMERCIAL RESIDENTIAL - ' ~----- ~ il==----ii ~ I ~; II II I II II II I I, u a IJi \~.~I I II A~ II 11 I I II 11j II II I II II II I II II II II I ~ Il ~I ~~ R1 R1 C-SM SOUTH MAIN STREET COMMERCIAL DISTRICT -F FLOOR AREA RATIO GC GOVERNMENT CENTER M1 LIGHT INDUSTRIAL M2 HEAVY INDUSTRIAL MO MILITARY OPERATIONS O OPEN SPACE -OZ OVERLAY ZONE P PROFESSIONAL PCD PLANNED COMMUNITY DEVELOPMENT C i f y o f T u s t i n PD PLANNED DEVELOPMENT PRD PLANNED RESIDENTIAL DEVELOPMENT R1 SINGLE-FAMILY RESIDENCE R2 TWO-FAMILY RESIDENCE R3 MULTIPLE-FAMILY RESIDENCE R4 SU8UR8AN APARTMENT RE RESIDENTIAL ESTATE SD SPECIFIC DEVELOPMENT SP SPECIFIC PLAN _ VA 07-9 / M E 07-4 ~ MR. GUY BELCORE ~ ~~~~-" 2230 NORTH TUSTIN AVENUE - - =500 FEET 1" = 1000 FEET P L A N N I N G A N D B U I L D I N G A G E N C Y VICINITY MAP EXHIBIT 1 31 C-8 REST ENT AL R E A I L V A C A N T SANTA CLARA AVENUE O ~~ J J vUj T ~ Ll.1 4 W u: ~ 2 _~ } ~ ~ ~ a a Z W '`1 ~/ a W ~. ~ ¢ } ,~`~?` `'.'3~' MULTI FAMILY 'Y-' ~ a„ ~ ~ . Z RESIDENTIAL ~~ ~- ~ yh: a~ ~~~` ~ ~ 'M ~1_ y kl Y i~~ ~ ~ ~ ~ ~ 1~ ~ ~` ~ w 1, i t ~ a~ Z se ~,, a ~,~ ~R,~,. ~~ ~ N O F F I C E s rk H SIN LE FA ILY V A C A N T R SIDENT AL A~ENVE CATALINA SINGLE FA ILY R E T A I L RESIDENT AL OFFICE VA 07-9 / M E 07-4 MR. 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E~T12 PARKING STUDY FOR SANTA CLAItA PLAZA RETAIL CENTER IN THE CITY OF SANTA ANA Prepared for: Santa Clara Plaza, California Limited Partnership c/o Mr. Gaetano Belcore 14101 Yorba Street, Suite 204 Tustin, California 92780 Prepared by: Kimley-Horn and Associates, Inc. 765 The City Drive, Suite 400 Orange, California 92868 January 4, 2008 31C-13 INTRODUCTION The Santa Clara Plaza Retail Center is located at 2106 - 2156 North Tustin Avenue in the City of Santa Ana, California. The site is located in the southwest quadrant of the intersection of North Tustin Avenue and Santa Clara Avenue. The parcel on the immediate corner of the site is currently vacant. The project applicant is planning to develop the vacant parcel with 6,170 square feet of restaurant space at 2230 North Tustin Avenue. The City of Santa Ana is requiring that a parking study be performed to document existing and future parking supply and demand for the shopping center to document that the center will have enough parking to accommodate all existing and proposed land uses. SITE DESCRIPTION A site plan of the existing retail center is shown on Figure 1. The existing retail center consists of 30,832 square feet of building space. Uses in the shopping center include restaurants, a dry cleaner, a smoke shop, Avon sales, hair and nail salons, a flower shop, a temporary staffing agency, computer repair, a dentist, clothing sales, an insurance agent, a military recruiting center, and H~tR Block tax preparation. One restaurant suite (sports bar) of 3,832 square feet is undergoing a remodel and is currently closed. The layout of the existing parking lot, with the majority of the parking spaces in the center of the lot, maximizes the pedestrian connectivity between the uses on the site. In addition, the landlord of the site has put a policy into place that requires merchants to park their vehicles in the on-site parking spaces that are more remote from the store fronts, which also enhances pedestrian connectivity. The applicant proposes additional restaurant space of 6,170 square feet to be developed on the vacant parcel of the north side of the site. A site plan of the proposed project is shown on Figure 2. The center is currently served by three driveways on North Tustin Avenue, one on the north end of the site and two closer to the south end of the site. The proposed project would add an additional driveway, which would be located on Santa Clara Avenue on the west end of the site. There are currently 173 parking spaces provided on the site. With the proposed project, the site is proposed to have 206 parking spaces. Inventory of Existing Uses On-Site Table 1 summarizes the existing land uses at the Santa Clara Plaza retail center and documents the days and hours of operation for each use. Table 1 indicates that the land uses at Santa Clara Plaza have varying days and hours of operation. Generally, the majority of the uses are open between the hours of 9:00 AM and 7:00 PM. Some of the uses do not open until mid-morning (10:00 AM to 11:30 AM) and others close in the late afternoon (between 3:00 and 5:30 PM). The Avon sales are only open in the evenings (6:00 PM to 8:00 PM) Monday through Friday and by appointment. The military recruiting center also offers flexible hours. The currently closed sports bar is open until midnight. The temp agency and H&tR Block are not open on Saturdays. Only five of the shops are open on Sunday. EXISTING PARKING REQUIREMENT BASED ON CITY CODE The City of Santa Ana Municipal Code, Article XV (provided in the appendix to this report), sets forth the off-street parking space requirements for developments in the City. The parking required for the various existing uses at the Santa Clara Plaza retail center vas calculated based on the City's code and is presented on Table 2. Parking Study For Santa Clara Plaza January 4, 2008 31 C-14 ia3+us ~uc~ >. ti ~o~ N ZZz N ~ ~~O V a~< W=< _~< z ICI ~ y N 0 a rs a ~ ~_~ ~ za U S o ~ Clv~ a0 1MW ULV}ad ALIBIA 3M .aG) 3f1N3hV VHVYJ V1NV5 - -d.- - - e ioi'A r~u~0oi ~.as,...eus ~ uawiron 'm.. r. ~ j --.__ - I 8 y d ~.~ _ ~ ~ ~~ YbI ;~ ~ 8 .oo.z 3~~u I m:.. ~ -:~ roo.x »~r1 7Y&3s~~~3a~9~4€~a~~~€~>s~~s~~a~l~e~2;y I ~ ngm~ I., _ '` w I ~ ~~ le ~ iY>£wjE a`a:~::i4oe:-.:::: ~..~~~~>. I aa~a I~ I I ~ ~ 'i Iy to o-" IBS. ~ g ~ ~ s ~ a ~ ~ o ~ b a ~~ a ~a~ E ~' Hf W `i byl E < ~~ `~ y ~ st ~€ ~~~og~ j~ ~~ >; ~ bbbb o w ~ o_., ~~~ ~ 4 Z _~ N'LT~MlJ --~~ t-fle snj ~ ' ~ ~~ ~ A~ J ~ I i 3f1N3A'd VNfFV1V~ ~ ...~ `mss r ~ n~ M. a w ~sz ~ ~ I ~` w I .16 as~~Q I I I E I ~o i vM n I I u16u a G /. YM 1Me0U~ ar X ~~~ I ~ eu iron f ~' ~-lYSJ~i5S5 W rF~ rV J 7~ I~ ~~ r~ V J ~~ W w O ~~ w ~ r h~ F+~y V ~M~I F~~-i c N 0 u 0 vt h „ c o O S 1 r F Y 31C~-15 ~~ ~. ~: ~ ~~~~ - ~~~R ~~ -~ -1 H ti -i -1 1 -1 -f ti -/ -a ~ Table 1 Summary of Land Uses at Santa Clara Plaza Address Land Use Days of Operation Hours of Operation 2106 Sports Bar Closed -Being Remodeled 2110 Pho America Sunday -Saturday 10:00 AM to 9:00 PM 2112 White Horse Cle n Monday to Friday 7:00 AM to 7:00 PM a ers Saturday 9:00 AM to 4:00 PM Sunday 9:00 AM to 3:00 PM 2114 Smoke Shop Monday to Friday 9:00 AM to 8:00 PM Saturday 9:00 AM to 4:00 PM 2116 Avon Monday to Friday 6:00 PM to 8:00 PM As needed Flexible Hours Monday 7:30 AM to 3:00 PM 2118 Chad's Hair Tuesday to Friday 7:30 AM to 7:00 PM Saturday 6:30 AM to 4:00 PM 2120 Ma da Flow Sh Sunday 9:00 AM to 5:00 PM g er op Monday to Saturday 8:00 AM to 8:00 PM 2122 Premier Staffing Monday to Friday 8:00 AM to 5:30 PM 2124 Universal Computers Monday to Saturday 11:30 AM to 6:00 PM Monday 2:00 PM to 7:00 PM Tuesday 9:00 AM to 6:00 PM 2126 Dr. Tran -Dentist Wednesday, Thursday 10:00 AM to 7:00 PM Friday 9:00 AM to 6:00 PM Saturday 9:00 AM to 3:00 PM 2128 A New View Monday to Saturday 9:00 AM to 7:00 PM 2130 Clothing Outlet Monday to Saturday 10:30 AM to 7:00 PM 2132 Kelly's Nails Monday to Saturday 9:00 AM to 7:00 PM 2134 Farmers Insurance Monday to Friday 5:00 PM to 9:00 PM Saturday 10:00 AM to 5:00 PM 2136-2138 99 Cent Store/Que Sunday and Saturday 10:00 AM to 3:00 PM Pasa Monday to Friday 9:00 AM to 8:00 PM Recruiting Center U.S Army Monday to Saturday 8:00 AM to 5:30 PM 2142 U.S. Airforce Monday to Saturday 8:00 AM to 5:30 PM U.S. Navy Monday to Saturday 8:00 AM to 530 PM U.S. Marines Monday to Saturday 8:00 AM to 5:30 PM Also by Appointment 2150 H~tR Block Monday, Tuesday, Thursday, Friday 11:00 AM to 7:00 PM 2156 Donut Cit Sunday 5:00 AM to 3:00 PM y Monday to Saturday 4:00 AM to 9:00 PM Parking Study for Santa Clara Plaza 31 C41 ~ January 4, 2008 Table 2 Summary of Parking Requirements and Parking Provided for the Existing Uses On-Situ Land Use Units City Parking Requirement Total Parking Spaces Required Parking Spaces Provided Retail 22.792 KSF 5.0 s aces/KSF 114 Dental Office 1.008 KSF 6.0 s aces/KSF 6 Restaurant 7.032 KSF 10.0 s aces/KSF 70 TOTAL 30.832 KSF 190 173 '~Includin closed restaurants ace Parking Study for Santa Clara Plaza ~ ~ ~~ ~ ~ January 4, 2008 Table 2 assumes that all rental space as currently built out within the existing Santa Clara Plaza (2106 N. Tustin Avenue - 2156 N. Tustin Avenue) is parked using the retail parking rate per City code, with the following exceptions: the dental office at 2126 N. Tustin Avenue (parked at the dental medical office rate) and the restaurants at 2106, 2110, and 2156 N. Tustin Avenue (parked at the restaurant rate). Table 2 indicates that the combined parking requirement would be 190 parking spaces compared to a supply of 173 parking spaces. EXISTING PARKING DEMAND The following section documents the parking data collection efforts and results. Parking demand at the shopping center was observed in December 2007 on two weekdays and a Saturday during the hours of 11:00 AM and 7:00 PM. These hours were chosen because all of the land uses were open at some point during these hours. It should be noted that prior to the parking data collection, construction was started on Santa Clara Avenue, resulting in the elimination of all on-street parking. It was observed by the applicant that residents from the nearby dwelling units were utilizing the Santa Clara Plaza parking lot due to the lack of parking on Santa Clara Avenue. While the applicant was able to discourage a number of the residents from parking in the lot, the parking data collection does include some resident parking. The parking demand counts were not modified to take this into account and thus, maybe slightly overstated. Parking Data Collection Parking data was collected for one-hour periods from 11:00 AM to 7:00 PM on Thursday, December 20, 2007, Friday, December 21, 2007, and Saturday, December 22, 2007. A summary of the parking data collected is provided on Table 3. The summary on Table 3 includes an accounting of the number of parked vehicles on-site during each hour collection period. The summary indicates that the highest number of vehicles parked in the lot during the data collection period was on Thursday, December 20 at 2:00 PM, when there were 93 vehicles parked in the lot. The highest number of vehicles parked in the lot on Friday was 87 vehicles at 4:00 PM. The highest number of vehicles parked in the lot on Saturday was 64 vehicles at 1:00 PM and 2:00 PM. As indicated in the results of the data collection, the parking demand for the existing uses on the site is significantly lower than the level of parking required by City code. PARKING EVALUATION WITH THE PROPOSED PROJECT This section addresses the parking supply compared to parking demand based on City parking codes assuming the proposed 6,170 square-foot restaurant and the closed restaurant space. The parking required for the various uses at the Santa Clara Plaza retail center with the proposed restaurant was calculated based on the City's code and is presented on Table 4. The City's restaurant rate of 10 spaces per thousand square feet was applied to the proposed 6,170 square footage and the resulting parking required for this amount of restaurant space is 62 additional parking spaces. Parking Study Eor Santa Clara Plaza January 4, 2008 31C-19 Table 3 Summary of Parking Data Collection Day, Date Time Number of Vehicles Thursday 11:00 AM 83 20-Dec-07 12:00 PM 87 1:00 PM 78 2:00 PM 93 3:00 PM 88 4:00 PM 80 5:00 PM 68 6:00 PM 63 Friday 7:00 PM 11:00 AM 60 76 21-Dec-07 12:00 PM 86 1:00 PM 84 2:00 PM 73 3:00 PM 80 4:00 PM 87 5:00 PM 72 6:00 PM 54 Saturday 7:00 PM 11:00 AM 53 57 22-Dec-07 12:00 PM 62 1:00 PM 64 2:00 PM 64 3:00 PM 56 4:00 PM 54 5:00 PM 42 6:00 PM 41 7:00 PM 40 ~..F., . F r~. .3. ~: f.. ' Y :k . .Z ~.. ~.._`,~' ice!-. K~: Parking Study Eor Santa Clara Plaza A ~ ~_^0 January 4, 2008 Table 4 Summary of Parking Requirements and Parking Provided for the Existing Uses On-Site and the Proposed Restaurant Land Use Units City Parking Re uirement Total Parking Spaces Re wired Parking Spaces Provided Retail 22.792 KSF 5.0 s aces/KSF 114 Dental Office 1.008 KSF 6.0 s aces/KSF 6 Restaurant 7.032 KSF 10.0 s aces/KSF 70 Pro osed Restaurant 6.170 KSF 10.0 s aces/KSF 62 TOTAL 37.002 KSF 252 206 Parking Study for Santa Clara Plaza 8 January 4, 2008 31C-21 Parking Evaluation Based on City Code Table 4 indicates that the combined parking requirement, based on City code, for all of the land uses on the site, including the proposed restaurant, would be 252 parking spaces compared to the proposed parking supply of 206 parking spaces, a shortfall of 46 spaces. Parking Evaluation Based on Parking Data Collection As indicated in the results of the data collection, the parking demand for the existing uses on the site is significantly lower than the level of parking required by City code. The highest number of vehicles counted in the parking lot was 93 vehicles on Thursday, December 20 at 2:00 PM. Based on the data, it is expected that the parking demand at full occupancy including the proposed restaurant would continue to be below the City parking requirement. One restaurant suite of 3,832 square feet is currently closed. This amount of restaurant space would require 38 parking spaces. Assuming the documented parking data collection of 93 spaces for all existing and open uses on the site, plus the City code required parking for the proposed 6,170 square foot restaurant (62 parking spaces) and the 38 spaces for the closed restaurant suite, the parking needed for all existing, closed and proposed uses on site would be 193 parking spaces. The applicant proposes 206 parking spaces with the proposed restaurant, resulting in a surplus of 13 parking spaces. REQUIRED FINDINGS FOR APPROVAL OF A PARKING VARIANCE Article V, Division 1, Section 41-632 (g) of the City's Municipal Code (provided in the appendix to this report) sets forth the requirements that the City follows in order to grant a variance to the parking spaces required by City code. The section reads: "Off -street parhing. Modifications granted for reductions in required number of stalls shall not exceed by more than twenty (20) per cent the minimum ordinance requirement." The proposed parking supply to be provided (206) represents a reduction of about 18% of the parking supply that would be required by strict application of the City code (252). SHARED PARKING ANALYSIS A shared parking analysis using the Urban Land Institute (ULI) methodology was prepared for the existing, closed, and proposed uses on the site taking into consideration the City code-required parking requirements. The shared parking tables are presented in an appendix to this report. The shared parking analysis does not take into consideration the documented parking counts made in December 2007. The shared parking analysis indicates that with application of the City's parking code and considering the nature of shared parking between the various uses, the peak parking demand would be 202 parking spaces on weekdays between 1:00 and 2:00 PM and 199 spaces on weekends between 6:00 and 7:00 PM. Parking Study for Santa Clara Plaza January 4, 2008 31C-22 CONCLUSIONS The parking analysis indicates that if all of the existing, closed, and proposed space in the Santa Clara Plaza retail center were to be parked per City code, there would be a parking deficit of 46 spaces compared to the City parking code. The parking data collection and parking demand analysis presented in this report indicate that the parking proposed to be provided for the Santa Clara Plaza retail center would be adequate for all existing, currently closed, and proposed land uses based on the parking demand counts. The proposed parking supply would also meet guidelines for parking variances set forth by the City code. The shared parking analysis indicates that the peak parking demand would be 202 parking spaces on weekdays between 1:00 and 2:00 PM and 199 parking spaces on weekends between 6:00 and 7:00 PM. The parking supply proposed by the applicant (206 spaces) will accommodate all existing, closed, and proposed land uses. This conclusion assumes that all rental space within the expanded Santa Clara Plaza (2106 N. Tustin Avenue - 2230 N. Tustin Avenue) is parked using the retail parking rate per City code, with the following exceptions: the dental office at 2126 N. Tustin Avenue (parked at the dental/medical office rate) and the restaurants at 2106, 2110, 2156 and 2230 N. Tustin Avenue (parked at the restaurant rate). Parking Study for 10 January 4, 2008 Santa Clara Plaza 31C-23 APPENDICES 31 C-24 SANTA ANA MUNICIPAL CODE: Article XV -Off-street Parking (Pertinent Sections Only) 31C-25 (b) Of the spaces required by subsection (a), at least one (1) space per unit shall be in a garage or under a carport. (c) In addition to the requirements of subsection (a) of this section, senior citizen establishments shall provide guest parking spaces, identified as such, in an amount not less than fifteen (15) percent of the minimum number of spaces required under subsection (a) of this section. Such guest parking spaces shall be open and outside of any secured area. (Ord. No. NS-2091, § 1, 11-19-90) Sec. 41-1326. Bed and breakfast establishments. The minimum off-street parking requirements for bed and breakfast establishments are as follows: one (1) space for each guest room, plus two (2) enclosed spaces for the operator of the establishment. (Ord. No. NS-2091, § 1, 11-19-90) Sec. 41-1327. Fraternity and sorority houses and dormitories. The minimum off-street parking requirements for fraternity and sorority houses and dormitories are as follows: one (1) space for each two (2) beds or one (1) space for each eighty (80) square feet of sleeping area, whichever is greater. (Ord. No. NS-2091, § 1, 11-19-90) Sec. 41-1328. Trailer and mobile home parks. (a) The minimum off-street parking requirements for trailer or mobile home parks are as follows: two (2) spaces for each trailer unit. (b) Of the spaces required by subsection (a), at least one (1) space for each unit shall be covered. (Ord. No. NS-2091, § 1, 11-19-90; Ord. No. NS-2340, § 11, 12-15-97) Sec. 41-1329. Caretaker quarters. The minimum off-street parking requirements for caretaker quarters are as follows: two (2) spaces. (Ord. No. NS-2091, § 1, 11-19-90) Secs. 41-1330--41-1339. Reserved. DIVISION 3. COMMERCIAL AND OFFICE STANDARDS Sec. 41-1340. Retail stores and service uses. The minimum off-street parking requirements for retail and service uses not otherwise specified in this division are as follows: five (5) spaces for each one thousand (1,000) square feet of gross floor area. (Ord. No. NS-2091, § 1, 11-19-90) Sec. 41-1341. Restaurants, cafes, etc. ~~ C-2~ (a) The minimum off-street parking requirements for restaurants, cafes and other eating establishments are as follows: ten (10) spaces for each one thousand (1,000) square feet of gross floor area and open- air dining area except that an open-air dining area no greater than twenty-five (25) percent of the gross floor area of the restaurant, or one thousand (1,000) square feet, whichever is smaller, is exempt from a parking requirement. (b) Each drive-through eating establishment shall have vehicular stacking lanes of at least eighty (80) feet from the pick-up window to the order point, and eighty (80) feet from the order point to the end of the drive-through lane. Such stacking lanes shall be located so that they do not serve as entries to parking spaces. (Ord. No. NS-2091, § 1, 11-19-90; Ord. No. NS-2340, § 12, 12-15-97) Sec. 41-1342. Offices, business and professional. The minimum off-street parking requirements for business and professional offices, including psychologists, are as follows: three (3) spaces for each one thousand (1,000) square feet of gross floor area. (Ord. No. NS-2091, § 1, 11-19-90; Ord. No. NS-2340, § 13, 12-15-97) Sec. 41-1343. Open retail. The minimum off-street parking requirements for plant nurseries (except for those in conjunction with a home improvement store), vehicle sales and other primarily open-air retail uses are as follows: two (2) spaces for each one thousand (1,000) square feet of display and storage area, plus four (4) spaces for each one thousand (1,000) square feet of office area. (Ord. No. NS-2091, § 1, 11-19-90; Ord. No. NS-2340, § 14, 12-15-97) Sec. 41-1344. Hotels and motels. (a) The minimum off-street parking requirements for hotels and motels are as follows: one (1) space for each guest room, plus one (1) space for each ten (10) rooms, plus two (2) spaces for a manager's unit, if provided. (b) Except for facilities limited to the exclusive use of guests, parking shall be provided for restaurants, banquet facilities and other retail services or recreational uses included in a hotel or motel building or grounds in accordance with the requirements of this article for such uses. (Ord. No. NS-2091, § 1, 11-19-90; Ord. No. NS-2340, § 15, 12-15-97) Sec. 41-1345. Reserved. Sec. 41-1346. Medical, dental, psychiatric and chiropractic offices and clinics. The minimum off-street parking requirements for medical, dental, psychiatric, and chiropractic offices and clinics are as follows: six (6) spaces for each one thousand (1,000) square feet of gross floor area but in no case less than six (6) spaces. (Ord. No. NS-2091, § 1, 11-19-90; Ord. No. NS-2340, § 16, 12-15-97) Sec. 41-1347. Automobile repair and automobile servicing. (a) The minimum off-street parking requirements for automobile repair and automobile servicing facilities are as follows: Five (5) spaces fgr~i~_q~ajhousand (1,000) square feet of gross floor area. PARKING DATA COLLECTION 31C-28 Parking Study S/W corner Santa Clara & Tustin Orange Thurs 12/20/2007 11 AM 12 NOON 1 PM 2 PM 3 PM 4 PM 5 PM 6 PM 7 PM Fri 12/21!2007 11 AM 12 NOON 1 PM 2 PM 3 PM 4 PM 5 PM 6 PM 7 PM sat 12/22/2007 11 AM 12 NOON 1 PM 2 PM 3 PM 4 PM 5 PM 6 PM 7 PM ZONE A B C D E F G H 07-1375-001 K L M 0 7 7 18 17 3 12 9 4 0 5 0 1 1 12 7 16 18 4 10 8 4 2 4 0 1 0 9 5 19 14 4 13 8 4 0 1 0 1 2 10 4 19 15 4 17 15 2 1 3 0 1 1 8 2 17 12 4 15 18 4 1 4 1 1 0 5 2 17 12 3 13 16 5 1 4 1 1 0 6 4 14 14 3 10 9 5 1 1 0 1 0 5 4 12 12 3 10 9 5 1 1 0 1 0 5 3 13 11 3 9 8 5 1 1 0 1 0 6 2 20 17 4 11 7 3 0 2 2 2 0 10 5 18 17 4 11 10 2 1 3 2 3 0 10 6 18 16 4 10 9 2 1 3 2 3 0 7 3 16 14 3 11 10 1 0 3 2 3 0 7 2 17 14 4 13 10 3 2 4 1 3 0 8 1 20 14 4 13 14 4 2 3 1 3 0 8 3 16 10 4 7 10 3 3 4 2 2 0 9 4 14 5 4 4 3 2 2 4 2 1 0 7 6 15 6 4 2 4 3 2 3 0 1 1 9 3 8 11 2 9 5 1 1 3 0 4 0 10 4 12 12 2 9 4 2 1 3 0 3 0 10 3 12 12 3 8 7 2 0 3 1 3 0 8 2 13 11 3 7 10 3 0 2 2 3 0 6 4 12 8 4 6 6 3 1 2 1 3 0 5 3 10 11 4 5 10 1 0 2 1 2 0 5 3 13 6 2 4 5 1 0 2 1 0 0 4 2 12 6 2 4 6 2 0 2 1 0 0 7 2 13 2 2 2 8 2 0 2 0 0 TOTAL 83 87 78 93 88 80 68 63 60 76 86 84 73 80 87 72 54 53 57 62 64 64 56 54 42 41 40 31C-29 ~ s'' f~'' P ~ Z '~ ~ ~ 3. ; .68S ~ 8 o o,s s Aozt~ '8'0 ,SC'Sf \ Z i5 d t ~ i 0'°S .sat ' . 0 ~vM la~~ra~ S 3 ~ ri o~ ~ ° ~~. ...... 4 iaiv f n .. ~ f~ M M Hr0 _ 1[ 1 A119~ ~ om` ~ ~ a 'M 'Ol 9 N M ?J3510d t ~ -N ' , _ Q t ~ A Y '1'd Z'OZ 0 ~ a () 2L'i 4 -v Z_ a Z -' K fn ~ 1ffV H I 9 ~ i z ~ ~ 'N ` ~ I tK .(' M 3lOd ~' ~ o- ,~ J 'dA: d w ~`'' `~ I t :..:~ M 31 . j # .l'Sf ~ l I _ _ . ~` ~- b Yd i} N - i iliJll _. ~, ._ e r v n ~, ti - ~- Xi ll d Ia1D j ~ ~ a ~ J - S ~Il OV3Haa3'~0 'L~ Q ~ y. :rc' U ~ "_ f O dle ' ~ ~ x -~~ -~ d l W _ ~ Z O ~ ~ o n. ~~. # ~-Q. - ~ ~ n V. ,, a _ r O d a- ~---a ~ ~ ,. ,yt 1 ` Q f"i ~ I ,L ; ~ - d ~ AS {A 'Ll o '~ Y~ A Y 2 1_ 1 Yd 1NV H M Od °~ x 9C ~H10M ~ a ''' '- ` .lr la rao ~ .: ~~ J '` :.. 1'0~s 1 r-J I I I ;: ,t d N dJ.l al ~H3d 'HNtI NIVH aoH~rv M 31°d Od W ~" JI ~ ~ ~ 1 r ,s'i ~s-~ Yfi'~'~ ~~ . N- ~ y O } I N S - - Q :t ~? 1 fyJl ~i- Cl S i m a?. n -~ _ Z on p s. ~1 ' J ~ Q ~ ~_ ~ „ Z (A,_ ~ N 1- .6 : - ,00'OSZ .oo•ooz ~I ~ 4 3'~ ~-~'i •` ` ~ A 'U Y E ~ .. ~ .+ i +: M .i r a h _ g a~~ a 'dAl 3 a~na ,o'os M.OS,i 1~.68N 1 I Y Z J ~ < 3 - } .n o SANTA ANA MUNICIPAL CODE: Article V, Division, 1, Section 41- 632 (g) -Variances to Required Off-street Parking 31C-31 ARTICLE V. CONDITIONAL USE PERMITS, VARIANCES, MINOR EXCEPTIONS, AMENDMENTS, AND DEVELOPMENT PROJECT PLAN APPROVALS DIVISION 1. GENERALLY Sec. 41-630. Planning commission duties, authority. (a) The planning commission is hereby authorized under conditions herein provided to grant minor exceptions to, and variances from the provisions of this chapter, and to grant conditional use permits for uses in any zone in which such uses may be conditionally permitted. (b) Further, the planning commission may delegate to the zoning administrator authority to act on any specific type of variance, minor exception or conditional use permit. Such delegation of authority shall be made by formal resolution and shall be confirmed by action of the city council. The withdrawal of any authority so delegated to the zoning administrator may be accomplished in the same manner as the authority was originally delegated or by formal resolution of the city council. (Code 1952, § 9250; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-989, § 1, 11-17-69) Sec. 41-631. Zoning administrator, powers and duties. The zoning administrator is authorized to act on minor exceptions, variances and conditional use permits within the limitations imposed on the planning commission by this chapter when the authority to so act has been delegated as prescribed in this article. (Code 1952, § 9250.1; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-989, § 1, 11-17-69) Sec. 41-632. Conditional use permit, variance and minor exception applications--Initiation, scope. (a) In accordance with the procedures outlined in this article, application may be made for: (1) Conditional use permit for a specific use of land or buildings in a land use district wherein such use may be so conditionally permitted. '(2) Variance to use land or buildings in a manner at variance with the provisions of this chapter. (3) Minor exception to obtain a waiver or modification of those zoning provisions which pertain to the following: (a) Lineal dimensions of yards. Modifications granted shall not exceed by more than twenty (20) per cent the minimum requirements. (b) Separation between buildings and other structures. Modifications granted shall not exceed by more than fifty (50) per cent the minimum requirement. (c) Lot coverage. Modifications granted shall not exceed by more than twenty (20) per cent the maximum coverage permitted. (d) Height of buildings. Modifications granted shall not exceed by more than twenty-five (2S} per cent the maximum height permitted. (e) Signs. Area modifications granted shall not exceed by more than twenty (20) per cent the maximum area permitted. (f) Setback and future right-of--way lines. (g) Off-street parking. Modifications granted for reductions in required number of stalls shall not exceed by more than twenty (20) per cent the minimum ordinance requirement. (h) Operational standards. Modifications granted may include minor exceptions to screening and landscape requirements but shall not include exceptions to provisions pertaining to uses permitted in the open. (i) Walls and fences. (j) Any other regulation that the planning commission may from time to time declare. (Code 1952, § 9250.2; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-989, § 1, 11-17-69; Ord. No. NS-1015, § 1, 5-18-70; Ord. No. NS-1123, § 11, 7-17-72; Ord. No. NS-1507, § 11, 11-19-79; Ord. No. NS-2334, § 3, 11-3-97) Sec. 41-633. Same--Filing; form and content. Application for conditional use permit, variance or minor exception shall be in writing and filed in the city planning department upon forms provided by the department and shall include the following information: (a) A full statement of the special circumstances and conditions relied upon as grounds for application. (b) An outline of the proposed use, including a~ to p(~~and a legal description of the property involved. SHARED PARKING TABLES 31C-33 N l~ 7 ~ b 00 M N ~/1 O~ h O ~ b ~ N 7 ^ 1~ F N 7 O~ 7 O~ O N W 7 a0 O~ O+ 00 ~O M O~ N O E" ~ O O O O O O O O O O O O O O O O O O O n n V C 0 µ, O O O O O O O O O O O O O O O O O O O a U ~ F ~ F 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Q W v h VI ~ A " a ~ O O O O O O O O O O O O O O O O O O O m r G ~ iL X X Y Y Y O~ G ~' ~ ~'' C o C O O N Z~ Q a o O O o o O O o o O O o O O O O O o 0 o ~ m v o c o o !~7 k" F N_- O C O~ .'r i O Q M i ~ ] ~ w a ' ' V ` ' ~ --~ -- , j. 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G. 0 , 0 F- V ti p F aC G d V z°J ? r; ~ g F o o ~ 0 0 Ih 0 0 o0 0 0 0, 0 o 0 .- 0 N 0 0 0 0 N 0 0, .~ 0 0 ~ 0 0 h 0 0 .p 0 0 r 0 0 o0 0 0 0: 0 o 0 0 0 ni FF F O a ~ w ~ .°, Q ~ d ~ we F 3 v o , ^~~ N II II ~ (] a a Q (] Q 31C-35 ZONING ADMINISTRATOR HEARING MINUTES NOVEMBER 14, 2007 MINOR EXCEPTION NO. 2007-04 10:44 a.m. Mr. Sergio Klotz, Zoning Administrator, called to order the public hearing in the City Hall Ross Annex Conference Room 2001. Also in attendance were: Gaetano Belcore, Applicant; Carol Purvis and Kim Cordova, Plumfield School; Vince Fregoso, Senior Planner; Lorena Penaloza, City Attorney; and Jocelyn Magalona, Recording Secretary. Vince Fregoso presented the staff report and recommendation. One electronic mail message was received from Gail Price in opposition to the project. Carol Purvis and Kim Cordova stated parking and access concerns. Discussion continued regarding parking. Mr. Klotz stated that the submittal of an unbiased parking study has consistently been provided with all parking waivers. Additionally, he expressed that with shared parking a more pedestrian friendly design should be accommodated. Mr. Klotz explained the Zoning Administrator and Planning Commission process. Mr. Fregoso noted that variances for setback and parking is scheduled for Planning Commission action on November 26, 2007. The Zoning Administrator recommended that the minor exception and variance project be reviewed and heard at one time because the actions are related, of special interest to the people of the City and the Planning Commission, and that a professional parking study be provided. The Zoning Administrator continued Minor Exception No. 2007-04 to the November 26, 2007 Planning Commission meeting. The hearing adjourned at 11:24 a.m. ~~ r Jocelyn galona Recording Secretary mrizoning administrationlminutes12007\11-14-07 me07-04 31C-36 KO-2/7/08 RESOLUTION NO. 2007-41 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2007-09 AS CONDITIONED TO ALLOW A REDUCTION IN THE REQUIRED LANDSCAPE SETBACKS AND MINOR EXCEPTION NO. 2007-04 AS CONDITIONED TO ALLOW A REDUCTION IN OFF-STREET PARKING FOR THE PROPERTY LOCATED AT 2230 NORTH TUSTIN AVENUE 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 a variance to allow a reduction in the required landscape setbacks and a Minor Exception for a reduction in the required off-street parking to allow the construction of a new retail building at the property located at 2230 North Tustin Avenue. B. Variance No. 2007-09 and Minor Exception No. 2007-04 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on November 26, 2007. The Planning Commission continued the item to December 10, 2007. On December 10, 2007 the planning commission continued the matter to January 28, 2008. C. Variance No. 2007-09 has been filed with the City of Santa Ana seeking to reduce the required landscaping as required by Section 41-427. The front yard setback will be reduced from fifteen (15) feet to five (5) feet adjacent to the parking lot and adjacent to the existing building from fifteen (15) feet to ten feet. The rear yard landscape setback from five (5) feet to zero (0) feet. The rear yard setback for the new building to be constructed from five (5) to three (3) feet. 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, the strict application of the zoning ordinance is found to deprive the subject property of Resolution No. 2007-41 Page 1 of 10 31C-37 privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. Special circumstances are applicable to the subject site that necessitates a landscaping variance for the project. The existing buildings were built in compliance with code at the time of their construction, with a front yard setback ranging from five to 10 feet and a zero rear yard setback. The requirement of setbacks to code would result in the loss of approximately 350 square feet of building area and 47 parking stalls, which would adversely affect the existing tenants in the center. ii. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The landscaping variance is necessary to preserve property rights as the owners will be constructing a new building on a vacant lot and will be providing an additional retail amenity to the surrounding community. 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 for a reduction in landscaping will not be detrimental to the area as the setbacks for the new building will be in compliance with code. 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 City's General Plan in any way as the land use designation of General Commercial (GC) allows the construction of retail buildings. D. Minor Exception No. 2007-04 has been filed with the City of Santa Ana seeking to reduce the minimum required off-street parking as required by Sections 41-1340 through 41-1342 of the Santa Ana Municipal Code from 257 off-street parking spaces to 208 off street parking spaces which is a nineteen (19%) percent parking minor exception. Resolution No. 2007-41 Page 2 of 10 31C-38 1. On November 14, 2007, a public hearing was held by the Zoning Administrator. At the conclusion of the public hearing, the Zoning Administrator determined that the minor exception was of such magnitude as to be of special interest to the people of Santa Ana and continued the matter to the Planning Commission. 2. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a minor exception upon making certain findings. i. That the granting of a minor exception to allow two or more independent uses to share the required parking stalls will not result in a conflict between parking for one use and parking for another due to differences in time of primary utilization of parking. The Santa Clara Plaza retail center is a contained site surrounded by residential and commercial uses. As proposed, a total parking reduction of 19 percent is anticipated for the center. The minor exception process allows for a parking reduction of up to 20 percent based on the demonstration that a center with mixed uses will have no conflict in sharing the existing parking stalls. Site visits during peak hours of activity have determined that sufficient parking will be provided for the project. ii. That the granting of a minor exception will not substantially increase difficulties of vehicle maneuverability or traffic congestion on the project site. The existing on-site parking will be sufficient to accommodate the proposed restaurant use. The center has an acceptable circulation design that will be improved as a new driveway for the center will be constructed along Santa Clara Avenue. E. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review per Section 15303. This Class 3 exemption allows the construction of new commercial buildings that are less than 10,000 square feet in size in urbanized areas and that do not utilize significant amounts of hazardous substances. Categorical Exemption Environmental Review No. 2007-08 will be filed for this project. Resolution No. 2007-41 Page 3 of 10 31C-39 Section 2. The Planning Commission after conducting the public hearing hereby approves for the property located at 2230 North Tustin Avenue: 1. Variance No. 2007-09, as conditioned in Exhibit "A" attached hereto and incorporated herein, to allow a reduction in the setbacks. 2. Minor Exception No. 2007-04, as conditioned in Exhibit "B" attached hereto and incorporated herein, to allow a reduction in off- street parking. 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; the Request for Planning Commission Action dated December 10, 2007 and exhibits attached thereto; the Request for Planning Commission Action dated January 28, 2008 and exhibits attached thereto and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 28th day of January, 2008 by the following vote: AYES: Commissioners: Alderete, De La Torre, Gartner, Leo, Mill, Munoz(6) NOES: Commissioners: None (0) ABSENT: Commissioners: Betancourt (1) ABSTENTIONS: Commissioners: None (0) Christopher Leo Chairman APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee Otto Assistant City Attorney Resolution No. 2007-41 Page 4 of 10 31 C-40 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2007-41 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on January 28, 2008. Date: Planning Commission Secretary City of Santa Ana Resolution No. 2007-41 Page 5 of 10 31C-41 Conditions for Approval for Variance No. 2007-09 Variance No. 2007-09 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with 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. In addition, it shall meet the following conditions of approval: The applicant must comply with each and every condition listed below rip or 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. The project shall remain in compliance with Site Plan Review DP No. 06- 74. 2. Prior to submittal into building plan check, architectural plans for the new building must be submitted to the Planning Manager for review for approval. 3. The maximum parking reduction permitted on the property is 19 percent. The total area for restaurants shall not exceed 13,677 square feet. 4. Prior to submittal into building plan check, submit a final landscape plan that notes that all dead and missing landscaping will be replaced. 5. Install eighteen 36-inch box Italian Cypress trees within the landscape planter that separates the parking lot for the proposed building from the school use to the west. 6. Prior to submittal into building plan check, submit plans for the new block wall to be constructed along the west property line. The plans shall include structural calculations and design details that identify the reinforcement of the lower three feet of the wall to prevent its collapse if impacted by a vehicle or other unforeseeable event. B. Public Works Agency Prior to submittal into Building Plan Check, revise the plans to: 1. Delete "portion of from the note next to the existing driveways on Tustin and Santa Clara Avenues. 2. Depict the natural prolongation of the property line at the corner of Tustin and Santa Clara Avenues. Resolution No. 2007-41 Page 6 of 10 Exhibit A 31 C-42 3. Note the installation of a grease interceptor per City requirements and per City standards for all restaurants within the new building. 4. Modify Note No. 4 of the General Notes to change "frontage improvements" to "curb lane pavement." Resolution No. 2007-41 Page 7 of 10 31 C-43 Conditions for Approval for Minor Exception No. 2007-04 Minor Exception 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 rip or to exercising the rights conferred by this minor exception. The applicant must remain in compliance with all conditions listed below throughout the life of the minor exception. Failure to comply with each and every condition may result in the revocation of the minor exception. A. Planning Division 1. The project shall remain in compliance with Site Plan Review DP No. 06- 74. 2. Prior to submittal into building plan check, architectural plans for the new building must be submitted to the Planning Manager for review for approval. 3. The maximum parking reduction permitted on the property is 19 percent. The total area for restaurants shall not exceed 13,677 square feet. 4. Prior to submittal into building plan check, submit a final landscape plan that notes that all dead and missing landscaping will be replaced. 5. Install eighteen 36-inch box Italian Cypress trees within the landscape planter that separates the parking lot for the proposed building from the school use to the west. 6. Prior to submittal into building plan check, submit plans for the new block wall to be constructed along the west property line. The plans shall include structural calculations and design details that identify the reinforcement of the lower three feet of the wall to prevent its collapse if impacted by a vehicle or other unforeseeable event. B. Public Works Agency Prior to submittal into Building Plan Check, revise the plans to: 1. Delete "portion of from the note next to the existing driveways on Tustin and Santa Clara Avenues. 2. Depict the natural prolongation of the property line at the corner of Tustin and Santa Clara Avenues. Exhibit B Resolution No. 2007-41 Page 8 of 10 31 C-44 3. Note the installation of a grease interceptor per City requirements and per City standards for all restaurants within the new building. 4. Modify Note No. 4 of the General Notes to change "frontage improvements" to "curb lane pavement." Resolution No. 2007-41 Page 9 of 10 31 C-45 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. I served the foregoin Gaetano Belcore Santa Clara Plaza 14101 Yorba Street, Suite 204 Tustin, CA 92780 acing a [ ] 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. 2007-41 Page 10 of 10 31 C-46