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HomeMy WebLinkAbout31E - VARIANCE 3414 S MAIN STREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 17, 2008 TITLE: VARIANCE NO. 2008-18 TO ALLOW A REDUCTION IN LANDSCAPED SETBACKS AND VARIANCE NO. 2008-19 TO ALLOW A SERVICE STATION BUILDING TO EXCEED THE HEIGHT STANDARDS AT 3414 SOUTH MAIN STREET - FIED~R GROUP, APPLICANT 2 ~ (' ~~-- CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15' 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. 2008-18 as conditioned and Variance No. 2008-19 as conditioned. PLANNING COMMISSION ACTION On October 13, 2008, the Planning Commission adopted a resolution approving Variance No. 2008-18 as conditioned to allow a reduction in landscaped setbacks and Variance No. 2008-19 as conditioned to allow a building that exceeds the height standards by a vote of 5:0 (Gartner and Yrarrazaval absent) for a new service station at 3414 South Main Street in the Arterial Commercial (C5) zoning district. The Planning Commission added a condition that requires staff, the applicant, and the property owner for the adjacent apartment complex to meet and develop a landscape solution for screening the north and west sides of the new building (Exhibit A). FISCAL IMPACT There is no fiscal impact associated with this action. J M. Trevino Executive Director Planning & Building Agency VF:rb Vf/reports/VA08-18&VA08-19.cc 31 E-1 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: OCTOBER 13, 2008 TITLE: PUBLIC HEARING - FILED BY THE FIEDLER GROUP FOR VARIANCE NO. 2008-18 TO ALLOW A REDUCTION IN LANDSCAPED SETBACKS AND VARIANCE NO. 2008-19 TO ALLOW A SERVICE STATION BUILDING TO EXCEED THE HEIGHT STANDARDS AT 3414 SOUTH MAIN 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 r--. ~~tive Director Planning Mai ger RECOMMENDED ACTION 1. Adopt a resolution approving Variance No. 2008-18 as conditioned to allow a reduction in landscaped setbacks. 2. Adopt a resolution approving Variance No. 2008-19 as conditioned to allow a building that exceeds the height standards. DISCUSSION Request of Applicant Erika Skeie of the Fiedler Group, representing BP West Coast Products LLC, is requesting approval of two variances in order to allow a new 2,400 square foot service station at 3414 South Main Street. Specifically, the applicant is requesting a variance to allow a reduction in the required landscaped setbacks as well as a variance to allow a building to exceed the height standards. r Property Description The subject site is a 21,000 square foot, square shaped parcel of land that is located at the northwest corner of Main Street and MacArthur Boulevard. The site is occupied by a 1,800 square foot ARCO service station and four fuel stations that was recently closed. The project site is zoned Arterial Commercial (C-5) and has a General Plan land use designation of General Commercial (GC) Surrounding land uses include multi-family residential to the north, east and west, and commercial uses to the south (Exhibits 1 and 2). EXHIBIT A 31 E-2 Variance Nos. 2008-18 and 2008-19 October 13, 2008 Page 2 Project Description BP West Coast Products, LLC, is in the process of modernizing service stations throughout the region, including two facilities in Santa Ana. A soils analysis of the site has identified a significant level of contamination on the premises. In an effort to remediate the site, the applicant is proposing to demolish the existing service station and canopies that were built in 1968 and construct a new one-story, 2,350 square foot ARCO service station and am/pm market. The new structure has been designed to be contemporary in nature and will incorporate a variety of architectural elements and materials such as stucco, slate stone (at building entrance and base of the building), a steel canopy over the entrance and a decorative roof cornice. The fuel island canopy will be architecturally integrated with the architecture of the building. A total of nine parking spaces are required and have been provided for the project. A comprehensive landscape plan that contains both tree and plant materials has been submitted. The plan includes maintaining existing mature trees if feasible and upgrading the sizes of the new trees from the minimum 15-gallon size to 36-inch box trees along the Main Street and MacArthur Boulevard frontages as well as on the north and west property lines (Exhibits 3, 4, 5 and 6). Analysis of the Issues The applicant is requesting two variances in order to allow the construction of a new service station. First, the applicant is requesting a variance from Section 41-372 of the Santa Ana Municipal Code (SANG) to allow a 10-foot landscaped setback along both street frontages. Second, a variance from Section 41-370 of the SAMC is requested to allow a building to exceed the 15-foot height requirement when adjacent to a residentially used property. The Zoning Ordinance was created to ensure strong and viable commercial districts supported by safe and well-maintained neighborhoods. An example of the standards established to reach these goals was the 15- foot landscaped setback standard for all commercial developments and height restrictions for commercial uses adjacent to residentially zoned or used properties. Because of the limited lot size and the various applicable standards for a service station use, it has been difficult for the subject property to rehabilitate into a viable, quality development. 31 E-3 Variance Nos. 2008-18 and 2008-19 October 13, 2008 Page 3 The first variance request is for a reduction in landscaped setbacks. Although the Municipal Code requires a 15-foot wide setback, the applicant is proposing to install a 10-foot wide setback. Staff is recommending approval of the setback variance for two reasons: First, nine feet of property was acquired by the City in 2004 as part of an intersection improvement project at Main Street and MacArthur Boulevard. The acquisition left the site with only one-foot of landscaping along Main Street while not affecting the existing 10-foot setback on MacArthur Boulevard. The reduced lot size, in conjunction with the need to design the service station to accommodates vehicle and fueling truck movements, has resulted in reduced landscaped setbacks. Second, the applicant is proposing to mitigate the impacts of the reduced setback by installing plant material that exceeds City standards. For example, thirty-six inch box trees will be planted on the site in lieu of the 15- gallon trees required by Code. Mature landscaping and vines will also be planted along the north and west property lines where the site abuts the residential use. The second variance is to allow the structure to exceed the 15-foot height limit where the building is adjacent to residentially used property. The applicant's proposal includes a retail building that will be 18 feet, six inches in height adjacent to the apartment complex to the north and west. The 15-foot height limit is intended to minimize the visual and aesthetic impacts of tall buildings adjacent to residential uses. Since the apartment buildings are approximately 70 feet away from the service station building and are separated by two rows of carports, staff is also recommending approval of the height variance. The carports, along with the 70-foot separation, will effectively mitigate any potential visual and aesthetic impacts generated from the height of the building. 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 has been designed to improve the character of the surrounding neighborhood through the use of quality architecture and materials and will contribute to the general well being of the community by allowing a well designed service station to be constructed on the site. Further, the building will enhance the economic stability of the area by converting an outdated facility into a vital, active development. To prevent the site from becoming an attractive nuisance, the Planning Division is recommending conditions of approval such as maintaining the perimeter block wall and prohibiting signage facing the residential uses. These conditions will assist in minimizing impacts to the adjacent residential uses. 31 E-4 Variance Nos. 2008-18 and 2008-19 October 13, 2008 Page 4 The proposed service station is in compliance with v outlined in the General Plan Land Use Element. The devE site with quality materials and finishes will complement neighborhood. Therefore, based upon an analysis of the project's compatibility with the City's General Plan development standards, staff recommends that the Plan approve Variance No. 2008-18 as conditioned and Variance conditioned. CEQA Compliance ~rious policies lopment of this the surrounding project and the and applicable Zing Commission No. 2008-19 as In accordance with the California Environmental Quality Act, the recommended action is exempt from further review pursuant to Section 15302 and 15330. The Class 2 exemption allows the reconstruction of existing facilities that is the same purpose as the previous structure, while the Class 30 exemption allows actions to eliminate hazardous substances from the site. Categorical Exemption No. 2007-206 will be filed for this project. s _._ ~ ,./~-a Vince Fr oso, A~%CP Principa Planer `~- VF:jm Vf/reports/VA08-18&VA08-19.pc 31 E-5 CI At GENERAL AGRICULTURAL -B PARKING MODIFICATION Ct COMMUNITY COMMERCIAL C1-MD COMMUNITY COMMERCIAL-MUSEUM DISTRICT C2 GENERAL COMMERCIAL C3 CENTRAL BUSINESS C3-A CENTRAL BUSINESS-ARTISTS' VILLAGE C4 PLANNED SHOPPING CENTER CS ARTERIAL COMMERCIAL CR COMMERCIAL RESIDENTIAL C-SM SOUTH MAIN STREET COMMERCIAL DISTRICT -F FLOOR AREA RATIO GC GOVERNMENT CENTER M1 LIGHT INDUSTRIAL M2 HEAW INDUSTRIAL MO MILITARY OPERATIONS 0 OPEN SPACE -OZ OVERLAY ZONE P PROFESSIONAL PCD PLANNED COMMUNITY DEVELOPMENT PD PLANNED DEVELOPMENT PRD PLANNED RESIDENTIAL DEVELOPMENT R1 SINGLE-FAMILY RESIDENCE R2 TWO-FAMILY RESIDENCE R3 MULTIPLE-FAMILY RESIDENCE R4 SUBURBAN APARTMENT RE RESIDENTIAL ESTATE SD SPECIFIC DEVELOPMENT SP SPECIFIC PLAN __ VA 08-18 & VA 08-19 ~ ARCO AM/PM SERVICE STATION ~ '~~?~ 3414 SOUTH MAIN STREET ~ - - = 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 ~~B~ 1 TOWNHOMES y W ~ > W J J ~ Q Z A ' V/ Q h W Z W R E T A I L W W ~ C7 ~ W ~ ~ / P SFR SFR A P A R T M E N T S/ ~~/ Q. a -,~~~~ O / ~ ~ W t >~ ~ ;~ ~ ~ a o { \ _ I SFR SFR \ ~ BOULEVARD MAC ARTHUR SFR GAS V A C A N T SFR R E T A I L STATION SFR Z a C O N D O M I N I U M S VA 08-18 & VA 08-19 ~ ARCO AM/PM SERVICE STATION ~,, 3414 SOUTH MAIN STREET 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 LAND USE MAP 3~~~2 x ~_7.~ W '""1 W ~...: __ Te'-o• I ~ Ir " wu E wtwfK! 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M3 ~ IBIRp Il~M..MrO.IOIt r~.onano~r -lei- ~suana..tn~a ~' ~ L :."Vi"a: FLOOR PLAN 1 SGiLE: 1 4 .1 -0 MCIOOfI ~.Ml•11tl 111N ~~ FLOOR RAN DP. N0.2007-77 A.1 GENERAL NOTES: _ro ~ aaai~ As a4~,.., KFYFI'] NATFC• ~ ~ LL~.~,~ _ I.23'-0' ~~-i.0. TOWER I19 -fi i.0~ PARAPET- - 112 6 _~~~ j r.o. REYEx lag-s _ ~0. RECESS ncc 4 I O 100' 0' ____ ~__ _ ~0 SUB A a n O ~ o. LEFT ELEVF ~ ~ SCALE: 1/4" 1 i ~~~ ~J1 Qo 123 T.O. 119 TO X112 Y T.O. ID9 r.0. /~ I~00 V r.0. '~ 0 -~ A ,~4 - ~` ARCO fiedlergroup •Archirenure •En®Mering •P ojc I Manageme feAlergmupcom M2E 6 REBURD NEW 340D AMIPN GSfg1E NEW 8 N.PD. CANOPY NEW U.G STORAGE TANKS 3410 S. MAIN STREET 0o nFAO Y OgG]l~ OY/2N0] 11134 V ~(TERIOR ELEVATIONS DP. 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PARaP~Ef..- 19'-fi VtAPET 12' 6' ~EYFAL~ 00'_ 0' SLAB V GENERAL NOTES• .~ aasar as P~a~ 6 i FlNiSN w[ (avi0r~ /maxYOSanT e.nu 60m n1Eta~ .OU.tlp EIE<r.KAL EpNr6Exr. ,i.~~/..,,..... ~w nKrNxnc6>E6 6iaK 9LL EXTERIOR FINISHES r~R W~xmla~.I xro5 mfr m5rEn1 Mfn ucrat uTM .~mrr xFUVU tam mpar m 4.u6 rx Saat.m 0 i-i/z xx>t . z i.wEnFD mxw[rt UttE EXTERIOR PAINTS o .pr 6~ x r usm (~ . r ~~ 6i~~ o .. ~~ a i 6~6 tam. a[n wowzm uuw.u. rw9l 0-006 . r uYn x r osm r .nrp ip oau5rore Gino 0 r .artH iP B69t .x•xi ai r6r r warm io rasrFn sort a ~r65 o .pr 6~ .r6~ cOis xrovn ~~ ARCO fiedlergroup .Arrnae •Engineering •PUnning •Projen Managemml fedlergroup'mm RAZE E REBUILD NEW R1W AYIPY CSTONE NEW a N.PA CNK)PY NEW U.G. 6T0MOE TANKS 31115. MAIN STREET FAC f 06071 X100 =0 ___ _ YTO SU9 .9 N O -~ A ~„~~ ~ I,. oenl~a7 1113a D(TEHIOfi ELEVATIONS DP. 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RANr e'-o' oLLC.RnM vusrc upoEN TEs ~ AGAPAMiNU3 OTIIEMAUS ur o< TILE wIE AT I Du. a c tRBO.E~iis war MAC ARTHUR BLVD TAIUY' PE AISAMOM PF SRR1E ANO IAVENOER ee ,DAL PW1i E'_D- QL . AvFLKANr. FeoLee Q I L ^rI.IE' AID uMEwxR• m In_RAxIUYS . a)rrE ANO uvwoEp CONfACI: KEN ~~ usE As DRpIIDCOIER WEST THIRD ST. 3B! LOS ANOElEB~CA ~7 -_-_-_- DNARE INRAIMON'.• DrAaE NAMTI9N 300 eoET. MOLLS R6[R ro SPECRT.Allg6 FOR aGTILIAiION PFg1ER (YiJ)Jl1.7li1 EXT. 107 - - - - ----- -- ----------- FAXR fnal ]E1-1517 ------ -- -- TOTAL t/1NDHCAPE MEAr tAM 80FT. DP. N0.2007-77 MVO H~ RER~Ipe.lq aBEr){(~ >mfMNY.p. r.A. Erman ~ODAfld11 aaplgRMgf w~lU A.A q• ~. ! ~ ~ RAC { R®UlD IE7Ef10DANTMG.IdE N3z/BIFD WpP1 IM YII.70RIERETMq ~~ JI~Hr0.eMNN B7R3i WaRIvB~a m FACSOem~ ~~ L1.1 TJ-10/07/08 RESOLUTION NO. 2008-34 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2008-18 AS CONDITIONED TO ALLOW A REDUCTION IN THE REQUIRED LANDSCAPE SETBACKS AND VARIANCE NO. 2008-19 AS CONDITIONED TO ALLOW A BUILDING THAT EXCEEDS THE HEIGHT STANDARDS BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of Variance No. 2008-18 to allow a reduction in the required landscaped setbacks and Variance No. 2008-19 to allow a building that exceeds the height standards for the construction of a new 2,350 square foot service station at the property located at 3414 South Main Street. B. Variance No. 2008-18 and Variance No. 2008-19 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on October 13, 2008. C. Variance No. 2008-18 has been filed with the City of Santa Ana seeking to reduce the required landscaping setback as required by Section 41-372 of the Santa Ana Municipal Code. Per Section 41-372, a landscaped area not less than fifteen (15) feet wide shall be maintained along any property line to the extent it abuts a street, except at approved driveways. The applicant is proposing to reduce the landscaping setback from the required fifteen (15) feet to ten (10) 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 privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. Resolution No. 2008-34 Page 1 of 9 31 E-15 Special circumstances applicable to the subject property necessitate a landscaping variance for the project. The subject site is aself-contained site surrounded by residential uses to the north and west and public streets to the south and east. Further, a recent street widening project resulted in the acquisition of nine feet of frontage along Main Street. Due to these special circumstances, the landscaped setback variance is necessary to allow the applicant the ability to use the property that is consistent with similar surrounding uses. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of the landscaping variance is necessary to preserve the property owner's ability to develop the property with awell-designed service station that is consistent with the intent of the Arterial Commercial 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 for a reduction in landscaping 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, the reduced setback will be mitigated through the addition of larger landscaping materials along Main Street and Macarthur Boulevard that exceed City standards. 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 since the proposed service station has been designed in conformance with City Zoning, Development, and General Plan requirements. Resolution No. 2008-34 Page 2 of 9 31 E-16 D. Variance No. 2008-19 has been filed with the City of Santa Ana seeking to allow the new structure to exceed the 15-foot height limit along the north and west property lines where the building is adjacent to residential used property. Per Section 41-370 of the Santa Ana Municipal Code, no part of a building above the first fifteen (15) feet in height may be located within twenty (20) feet of the vertical plane of a rear lot line if the lot is contiguous to residentially zoned or used property on the rear. The applicant's proposal includes a new retail building that will be 18 feet, six inches in height, and adjacent to an apartment complex to the north and west. 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 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 site was reduced in size due to a recent street widening project along Main Street. Due to this acquisition, and the need to comply with on-site circulation standards, the placement of the building has been limited to the north portion of the lot adjacent to the carports of the surrounding residential uses. As a result, the height variance is necessary to allow the applicant the ability to use the property in a manner consistent with similar surrounding uses. 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 is necessary to preserve the property owner's ability to develop the property with swell-designed service station that is consistent with the intent of the Arterial Commercial 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. 2008-34 Page 3 of 9 31 E-17 The granting of the variance will not be materially detrimental to the public welfare or injurious to surrounding properties as the building will only exceed the height standard by three feet, six inches. Further, the building will be adjacent to carports and will not visually or aesthetically impact the nearby apartment complex. 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 since the proposed service station has been designed in conformance with City Zoning, Development, and General Plan requirements. E. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review per Section 15302 and 15330. The Class 2 exemption allows the reconstruction of existing facilities that are the same purpose as the previous structures, while the Class 30 exemption allows actions to eliminate hazardous substances from the site. Categorical Exemption Environmental Review No. 2007-206 will be filed for this project. Section 2. The Planning Commission after conducting the public hearing hereby approves for the property located at 3414 South Main Street: 1. Variance No. 2008-18, as conditioned in Exhibit "A" attached hereto and incorporated herein, to allow a reduction in the landscaped setbacks. 2. Variance No. 2008-19, as conditioned in Exhibit "B" attached hereto and incorporated herein, to allow a building that exceeds the height standards. 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 October 13, 2008 and exhibits attached thereto, which are incorporated herein by this reference. Resolution No. 2008-34 Page 4 of 9 31 E-18 ADOPTED this 13th day of October, 2008 by the following vote: AYES: Commissioners: Alderete, Betancourt, De La Torre, Leo, Mill (5) NOES: Commissioners: None (0) ABSENT: Commissioners: Gartner, Yrarrazaval (2) ABSTENTIONS: Commissioners: None (0) Christopher Leo Chairman APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Teresa L. Judd Deputy City Attorney Resolution No. 2008-34 Page 5 of 9 31 E-19 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2008-34 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on October 13, 2008. Date: Planning Commission Secretary City of Santa Ana Resolution No. 2008-34 Page 6 of 9 31 E-20 Conditions for Approval for Variance No. 2008-18 Variance No. 2008-18 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 California Building Standards 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 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. Plannins~ Division 1. The project shall remain in compliance with Site Plan Review DP No. 07-77. 2. After project occupancy, landscaping is to be maintained to include the minimum level of plant materials installed at the time of occupancy. 3. The required trees shall be upgraded to a 36-inch boxed size and shrubs shall be upgraded to a 15-gallon size throughout the project. 4. The landscape plan shall incorporate additional landscaping at the north and west sides of the building as approved by the City's Landscape Associate. Staff, the applicant, and the property owner for the adjacent apartment complex shall meet to attempt to find a landscape solution for screening the north and west sides of the new building. Modified by Planning Commission on October 73, 2008. 5. A minimum six-foot high masonry wall shall be maintained at the north and west property lines to separate this use from the adjacent residential uses. 6. Wall signage shall be limited to one sign on the south building elevation and one sign on the east building elevation. Such signage cannot face the adjacent residential uses. 7. No secondary signs advertising the sale or availability of products shall be permitted on the building or light poles. 8. The electrical and mechanical equipment located on the exterior of the west side of the building shall be enclosed within the footprint of the building. 9. Any amendment to this variance must be submitted to the Planning Division for review, at which time staff will determine if administrative relief is available or if the variance must be amended. Resolution No. 2008-34 Exhibit A Page 7 of 9 31E-21 Conditions for Approval for Variance No. 2008-19 Variance No. 2008-19 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 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 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. 07-77. 2. After project occupancy, landscaping is to be maintained to include the minimum level of plant materials installed at the time of occupancy. 3. The required trees shall be upgraded to a 36-inch boxed size and shrubs shall be upgraded to a 15-gallon size throughout the project. 4. The landscape plan shall incorporate additional landscaping at the north and west sides of the building as approved by the City's Landscape Associate.. Staff, the applicant, and the property owner for the adjacent apartment complex shall meet to attempt to find a landscape solution for screening the north and west sides of the new building. Modified by Planning Commission on October 13, 2008. 5. A minimum six-foot high masonry wall shall be maintained at the north and west property lines to separate this use from the adjacent residential uses. 6. Wall signage shall be limited to one sign on the south building elevation and one sign on the east building elevation. Such signage cannot face the adjacent residential uses. 7. No secondary signs advertising the sale or availability of products shall be permitted on the building or light poles. 8. The electrical and mechanical equipment located on the exterior of the west side of the building shall be enclosed within the footprint of the building. 9. Any amendment to this variance must be submitted to the Planning Division for review, at which time staff will determine if administrative relief is available or if the variance must be amended. Resolution No. 2008-34 Page 8 of 9 31 E-22 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 92701. I served the foregoing document described as: Resolution No. 2008-34 Variance Nos. 2008-18 and 2008-19) in this action by p acing a rue copy ereof enc ose in sea a enve opes a ressed as follows: Erika Skeie The Fiedler Group 2322 West Third Street Los Angeles, CA 90057-1517 Patrick Foley BP West Coast Products, LLC 4 Centerpointe Drive La Palma, CA 90623 [ ] 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. 2008-34 Page 9 of 9 31 E-23 31 E-24