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HomeMy WebLinkAbout31D - 3509 W FIFTHREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 3, 2008 TITLE: VARIANCE NO. 2007-16 TO ALLOW AN OFFICE BUILDING ON A SITE THAT DOES NOT MEET LOT SIZE AND STREET FRONTAGE STANDARDS AND VARIANCE NO. 2007-17 TO ALLOW A REDUCTION IN THE REQUIRED REAR YARD LANDSCAPE SETBACK AT 3509 WEST FIFTH STREET - JAMES LEUNG, APPLICANT CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Arriended ^ Ordinance on 15t Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Receive and file the staff report approving Variance No. 2007-16 as conditioned and Variance No. 2007-17 as conditioned. PLANNING COMMISSION ACTION On February 11, 2008, the Planning Commission adopted a resolution approving Variance No. 2007-16 as conditioned and Variance No. 2007-17 as conditioned by a vote of 6:0 (Munoz absent) to allow a reduction in the required lot size and lot frontage requirement for a new office building in the North Harbor Specific Plan (SP2) zoning district at 3509 West Fifth Street. The Planning Commission added conditions of approval to ensure that the proposed perimeter walls be coated in graffiti resistant material and covered in Boston Ivy to deter graffiti. Another condition was to add landscaping with trellises on the building exterior along the parking lot. Lastly, the Planning Commission requested a decorative stone other than stacked stone be applied to the building (Exhibit A). FISCAL IMPACT There is no fiscal impact associated with this action. ay M. Trevino Executive Director Planning & Building Agency CR:rb cr\reports\va07-16&17.Rowen Square.cc2 31 D-1 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: FEBRUARY 11, 2008 TITLE: PUBLIC HEARING - FILED BY JAMES LEUNG FOR VARIANCE NO. 2007-16 TO ALLOW AN OFFICE BUILDING ON A SITE THAT DOES NOT MEET LOT SIZE AND STREET FRONTAGE STANDARDS AND VARIANCE NO. 2007-17 TO ALLOW A REDUCTION IN THE REQUIRED REAR YARD LANDSCAPE SETBACK AT 3509 WEST FIFTH STREET Prepared by Carlos Rodriguez ~ ~~~ Executive Director PLANNING COMMISSION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For DENIED ^ Applicant's Request ^ Staff Recommendation CONTINUED TO ~~ _ Planning anager RECOMMENDED ACTION 1. Adopt a resolution approving Variance No. 2007-16 as conditioned. 2. Adopt a resolution approving Variance No. 2007-17 as conditioned. DISCUSSION Request of Applicant Mr. James Leung, on behalf of property owners John and Trang Lin, is requesting the approval of a variance to allow a reduction in the required lot size and lot frontage requirement for a new office building to be constructed at 3509 West Fifth Street. Further, the applicant is requesting a variance to allow a reduction in the required rear yard landscape setback. Property Description The property is rectangular in shape and is 10,227 square feet in size. The site is situated on the north side of Fifth Street between Gunther and Jackson Streets. The subject site consists of two existing lots that are improved with one 1,602 square foot commercial building and related parking. The existing building was formerly occupied by the Kings Inn bar; however, the building is currently unoccupied. The property is located within the North Harbor Specific Plan (SP2) zoning district and has a General Plan land use designation of General Commercial (GC) The North Harbor Specific Plan classifies the property as allowing General Commercial uses. Surrounding land uses include residential to the north, commercial and residential to the east, and commercial to the south and west (Exhibits 1 and 2). EXHIBIT A 31 D-2 Variance Nos. 2007-16 and 2007-17 February 11, 2008 Page 2 Project Description The applicant proposes to demolish the existing structure and construct a new two-story, 3,557 square foot office building. The building will be situated on the southwest corner of the lot and will be constructed along the western property line. The new office building will include general administrative office uses on the first floor and a dental office on the second floor (Exhibits 3 through 12). The proposed building will incorporate a modern architectural style that will complement the surrounding mixture of commercial uses. The building will include a smooth stucco finish along with decorative finishes and trims. A cultured stone veneer is proposed as a decorative feature and will be installed on three sides of the building. The fourth elevation along the western side of the building will include a stucco wall with scored stucco and no windows or openings in order to comply with the Building Code construction requirements. Additionally, the front elevation will incorporate architectural features to enhance the facade such as an enhanced entryway and second story balcony. The roof of the building will include a hipped roof over the enhanced entry with a flat roofing system that will be enclosed by a parapet wall. Landscape planting materials will be provided on the project site to comply with the commercial landscape standards (Exhibit 13). Access to the site will be taken from Fifth Street. In addition, the public alley to the rear will help to serve as an additional ingress and eggress for the site. A total of 14 parking spaces will be provided in order to comply with the general and medical office parking requirements. Lastly, a lot merger will be required as part of this project in order to combine the existing two lots into one parcel. Analysis of the Issues Lot Size and Lot Width The applicant is requesting approval of a variance from Section 41-373 of the Santa Ana Municipal Code (SANG) to allow a reduction in the required lot size and street frontage requirement for commercial developments. Per Section 41-373, a commercial development must contain a minimum 15,000 square foot lot and a minimum of 120 feet of street frontage. 31 D-3 Variance Nos. 2007-16 and 2007-17 February 11, 2008 Page 3 The site contains a total of 10,227 square feet of land, which is 4,773 square feet below the requirement. Additionally, the site currently provides 94 feet and nine inches of street frontage, which is 25 feet short of the requirement. The property owners were unable to provide additional area for the property as the adjoining properties to the east and west are currently developed and occupied. The area to the north and south are a public alley and street and cannot be included in the project as it is owned by the City. The commercial property to the west was developed under Variance No. 1987-07 which allows an auto repair development on an undersized lot to remain indefinitely. Although the subject site does not meet the required lot size and street frontage width, the applicant was able to meet the majority of the commercial developments and complies with the North Harbor Specific Plan (SP2) design and landscape standards. The required landscape setbacks and landscape planters were provided to meet the City's landscape standards with the exception of the rear yard landscape setback. Additionally, the site provides the required commercial requirements such as the loading zone, trash enclosure, drive-aisle widths, parking, and on-site circulation. Lastly, the site is located on a commercial corridor and is surrounded primarily by commercial uses. Rear Yard Setback Section 41-372 (b) of the SAMC requires a five-foot landscape setback along any property line that serves to separate the on-site parking area from any property zoned or used for residential uses. The project only provides a three-foot setback along the rear as a separation from the adjoining residences to the north. The subject site has met the majority of the requirements for a commercial development. Due to the subject site being smaller and narrower than the required size, the applicant is unable to meet the required rear yard setback. The applicant has provided the required commercial landscape standards such as required parking, loading, trash enclosure, and drive- aisle widths. The applicant provided sufficient site circulation via an additional access to the site through the alley. In order to provide both parking and the required drive-aisle dimensions, the applicant had to reduce an area of the rear yard landscape setback to three feet. This was done in order to achieve an on-site circulation that would not result in a dead- end design or would require patrons to park on the public street. 31 D-4 Variance Nos. 2007-16 and 2007-17 February 11, 2008 Page 4 Although the project will only have three feet of a landscape buffer between the site and the residences to the north, the alley effectively serves as an additional buffer between the two uses and will help keep the on-site vehicles from disturbing the residences. The three foot landscape setback will be planted with shrubs and will help to keep the rear parking area visually attractive. Lastly, a six-foot tall fence is proposed along the rear and will help the residences from being disturbed by the automobiles associated with the commercial development. Although the proposed development does not meet the lot size and street frontage requirement for commercial developments, the project will result in the reuse of a site that is currently unoccupied. Policy 2.8 of the Land Use Element encourages the rehabilitation of commercial properties and capital investment within the City. The project involves the demolition of the existing bar and the construction of a new office building. Policy 2.7 of the Land Use Element emphasizes supporting developments that create a business environment that is safe and attractive. As the project site abuts residential properties to the north, a five-foot landscape setback is required. Due to the site's size and width, the development provides only a three feet wide landscape planter. The reduction of the landscape setback allows the site to accommodate the required drive-aisle widths and use the alley for access. Policy 2.7 of the Circulation Element encourages designs that incorporate the use of on-site circulation in order to maintain a safe project site. Lastly, Policy 5.1 of the Land Use Element encourages developments that have a net community benefit and enhance the quality of life. 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. 2007-16 and Variance No. 2007-17 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. 2007-59 will be filed for this project. G~-~- k. 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The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of Variance No. 2007-16 to allow a reduction in the required lot size and the required lot frontage and approving Variance No. 2007-17 to allow a reduction in the rear yard setback for a new office building to be constructed at 3509 West Fifth Street. B. Variance No. 2007-16 and Variance No. 2007-17 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on February 11, 2008. C. Variance No. 2007-16 has been filed with the City of Santa Ana seeking to reduce the required lot size as required by Section 41-373 which states a commercial development must contain a minimum 15,000 square feet of area and a minimum of 120 feet of street frontage. The site contains a total of 10,227 square feet of land, which is 4,773 square feet below the requirement. Additionally, the site currently provides 94 feet and nine inches of street frontage, which is 25 feet short of the requirement. 1. 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, the strict application of the zoning Resolution No. 2008-06 Page 1 of 9 31 D-19 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 existing development surrounding the project site, denial of the variance would deprive the property owner the privilege of constructing a quality commercial building. Although the site does not meet the required commercial lot size and street frontage requirement, the applicant is unable to provide additional lot area as the surrounding properties are currently developed. The property owner was unable to acquire additional parcels to include within the project. Additionally, the site abutting to the west was developed with Variance No. 1987-07 to allow development on an undersized lot and can remain indefinitely. Policy 2.8 of the Land Use Element encourages the rehabilitation of commercial properties and capital investment within the City. The applicant has fully utilized the existing area and provided a high quality office project that will replace a former bar. 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 require that the property remain in the current condition until the property owner acquires one of the adjoining properties. This would create a visual blight for the adjoining residential and commercial properties. Additionally, the unoccupied building can create safety issues for adjoining properties. Policy 2.7 of the Land Use Element emphasizes supporting developments that create a business environment that is safe and attractive. iii. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. Resolution No. 2008-06 Page 2 of 9 31 D-20 The proposed commercial development will have no detrimental impacts to the surrounding properties. The size, scale, and design of the proposed office building are consistent with the surrounding commercial developments and residential neighborhood. Additionally, the site is currently occupied with a commercial structure that was formerly occupied by a bar. 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 for commercial developments. The proposed building will be consistent with the goals and policies of the City's General Plan. D. Variance No. 2007-17 has been filed with the City of Santa Ana seeking to allow a reduction in the required rear yard setback. Section 41-372(b) of the Santa Ana Municipal Code requires afive-foot landscape setback along any property line that serves to separate the on-site parking area from any property zoned or used for residential uses. The project only provides athree-foot setback along the rear as a separation from the adjoining residences to the north. 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, 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. The subject site is located on Fifth Street, which is designated as a major arterial street. The project is proposed on site that does not meet the commercial lot and street frontage requirements. The site has complied with the on-site parking requirements, loading zone, trash enclosure, drive-aisle widths, and the commercial landscape standards. The site, however, does not provide the required five-foot landscape buffer along the rear yard for the Resolution No. 2008-06 Page 3 of 9 31D-21 residences to the north. A three-foot landscape buffer is proposed and the existing 20-foot alley way will add an additional separation to the adjoining residential properties. The reduction of the landscape buffers allows the site to comply with the required drive-aisle requirements and provide a secondary ingress and egress from the development. This allows cars to enter and exit the site in an efficient manner. Policy 2.7 of the Circulation Element encourages designs that incorporate the use of on-site circulation in order to maintain a safe project site. 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 is necessary for the preservation and enjoyment of one or more substantial property rights. The project site provides the required building setbacks and landscape areas except for the rear yard landscape buffer. A three- foot landscape buffer is proposed and will include planting material that will be visually attractive for the development. Additionally, the project will include a six-foot tall block wall along the rear property line that will help to block the view of the automobiles from the residential properties to the north. Policy 5.1 of the Land use Element encourages developments that have a net community benefit and enhance the quality of life. iii. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The proposed commercial development will have no detrimental impacts to the surrounding properties. The size, scale, and design of the proposed office building are consistent with the surrounding commercial developments and residential neighborhood. Additionally, the site is currently occupied with a commercial structure that was formerly occupied by a bar. The proposed office building will have uses that will have minimal impacts to the surrounding commercial properties and Resolution No. 2008-06 Page 4 of 9 31 D-22 residences as sufficient on site parking will be provided. iv. That the granting of a variance will 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 for commercial developments. The proposed building will be consistent with the goals and policies of the City's General Plan. E. 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. 2007-59 will be filed for this project. Section 2. The Planning Commission after conducting the public hearing hereby approves Variance No. 2007-16, as conditioned in Exhibit "A" attached hereto and incorporated herein, to allow a reduction in the required lot size and the required lot frontage for the property located at 3509 West Fifth Street. The Planning Commission after conducting the public hearing hereby and approving Variance No. 2007-17, as conditioned in Exhibit "B" attached hereto and incorporated herein to allow a reduction in the rear yard setback for a new office building to be constructed at 3509 West Fifth Street. 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 February 11, 2008 and exhibits attached thereto and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 11th day of February, 2008 by the following vote: AYES: Commissioners: Alderete, Betancourt, De La Torre, Gartner, Leo, Mill (6) NOES: Commissioners: None (0) ABSENT: Commissioners: Munoz (1) ABSTENTIONS: Commissioners: None (0) Resolution No. 2008-06 Page 5 of 9 31 D-23 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. 2008-06 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on February 11, 2008. Date: Planning Commission Secretary City of Santa Ana Resolution No. 2008-06 Page 6 of 9 31 D-24 Conditions for Aaaroval for Variance No. 2007-16 Variance No. 2007-16 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 California Building Standards 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. The project shall remain in compliance with Site Plan Review DP No. 07-17. 2. Landscaping shall be installed and maintained in accordance with the approved landscaping plan by the owners and manager of the development. 3. 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. 4. A graffiti resistant material that is acceptable to the executive Director of Planning and Building shall be applied to the perimeter block walls. 5. Boston Ivy Vines shall be planted at eight (8) feet on center along all perimeter block walls to prevent graffiti. The block walls shall have openings to allow the vines to grow on both sides of the wall. The vines on both sides of the wall shall be maintained by the property owner. 6. The applicant shall provide a decorative stone on the exterior of the building other than a veneer stacked stone. The decorative stone shall be submitted to and be approved by the Planning Manager. 7. Landscape planters and wall trellises shall be planted on the building exterior along the parking lot. The landscape planters and wall trellises shall be submitted to and be approved by the Planning Manager. Exhibit A Resolution No. 2008-06 Page 7 of 9 31 D-25 Conditions for Aaproval for Variance No. 2007-17 Variance No. 2007-17 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 California Building Standards 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. Planning Division 1. The project shall remain in compliance with Site Plan Review DP No. 07- 17. 2. Landscaping shall be installed and maintained in accordance with the approved landscaping plan by the owners and manager of the development. 3. 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. 4. A graffiti resistant material that is acceptable to the executive Director of Planning and Building shall be applied to the perimeter block walls. 5. Boston Ivy Vines shall be planted at eight (8) feet on center along all perimeter block walls to prevent graffiti. The block walls shall have openings to allow the vines to grow on both sides of the wall. The vines on both sides of the wall shall be maintained by the property owner. 6. The applicant shall provide a decorative stone on the exterior of the building other than a veneer stacked stone. The decorative stone shall be submitted to and be approved by the Planning Manager. 7. Landscape planters and wall trellises shall be planted on the building exterior along the parking lot. The landscape planters and wall trellises shall be submitted to and be approved by the Planning Manager. Exhibit B Resolution No. 2008-06 Page 8 of 9 31 D-26 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 Second Floor, Santa Ana, California 92702. I served the foreggoing document described as: Resolution No. 2008-06 Variance Nos. 2007-18 and 2007-171 in this action by p acing a rue copy ereof enc ose in seaTe enve opes a ressed as follows: James Leung 1437 Euclid Street, #2F Garden Grove, CA 92843 John and Trang Lin 32 Lily Pool Irvine, CA 92620 [ ] 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 [dated at Santa Ana, California. MARTHA RAMIREZ Resolution No. 2008-06 Page 9 of 9 31 D-27 31 D-28