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HomeMy WebLinkAbout31B - VARIANCE 3960 S MAIN STREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 5, 2009 TITLE: VARIANCE NO. 2008-20 TO ALLOW A REDUCTION IN REQUIRED PARKING FOR QWIK KORNER BREAKFAST HOAGY SUBS AT 3960 SOUTH MAIN STREET, UNIT C - NADIR SHOUNIA, APPLICANT ~p (/`~`` ~6 CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15' Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Receive and file the staff report approving Variance No. 2008-20 as conditioned. PLANNING COMMISSION ACTION On December 8, 2008, the Planning Commission adopted a resolution approving Variance No. 2008-20 as conditioned by a vote of 4:0 (Leo, Mill absent) to allow a five parking space reduction in the required parking for Qwik Korner Breakfast Hoagy Subs at 3960 South Main Street, Unit C in the Arterial Commercial (C5) zoning district. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A). FISCAL IMPACT There is no fiscal impact associated with this action. ~~~---~ Jay M. Trevino Executive Director Planning & Building Agency LL:rb 11\reports\pc&za\va06-20 Qwik Korner.cc 31 B-1 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: DECEMBER 8, 2008 TITLE: PUBLIC HEARING - FILED BY NADIR SHOUNIA FOR VARIANCE NO. 2008-20 TO ALLOW A REDUCTION IN REQUIRED PARKING FOR QWIK KORNER BREAKFAST HOAGY SUBS AT 3960 SOUTH MAIN STREET, UNIT C PLANNING COMMISSION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For DENIED ^ Applicant's Request ^ Staff Recommendation CONTINUED TO Prepared by Lucy Linnaus Executive Director RECOMMENDED ACTION Planning Mana r Adopt a resolution approving Variance No. 2008-20 as conditioned. DISCUSSION Request of Applicant Nadir Shounia, owner of the Qwik Korner Center, is requesting approval of a variance from the Santa Ana Municipal Code (SANG) to allow a five parking space reduction in the required parking to allow for the establishment of a sandwich shop within a multi-tenant retail building at 3960 South Main Street, Unit C. Property Description The project site is located at the northwest corner of Main Street and Sunflower Avenue. The site is fully developed with a 5,244 square foot multi-tenant retail center on a 22,200 square foot lot. A total of 26 parking spaces have been provided for the site based on a retail parking demand of one space per 200 square feet of gross floor area. The retail building, divided into four tenant spaces, currently contains two tenants. Qwik Korner Deli/Grocery, which occupies Unit D, is a 2,202 square foot grocery and liquor store with a 200 square foot deli counter. Javatinis Coffee Lounge, which occupies Unit A, is a 994 square foot coffee house. The zoning designation for the site is Arterial Commercial (C5), which is consistent with the General Plan land use designation of General Commercial (GC) Surrounding land uses include single-family dwellings to the north and west, agricultural land in the City of Costa Mesa to the south, and light industrial uses to the east (Exhibits 1 and 2). ~~'~B12A Variance No.2008-20 December 8, 2008 Page 2 Project Description The owner of Qwik Korner Deli/Grocery is proposing to relocate the delicatessen operations located within the existing market (Unit D) to the adjacent 1,018 square foot Unit C. The area vacated by the delicatessen, which is approximately 200 square feet, will be used for additional groceries and refrigerated coolers for soft drinks and water. The relocated Qwik Korner Breakfast Hoagy Subs will provide approximately 400 square feet of customer area and contain seating for about 15 patrons. The sandwich shop will continue to provide the same menu it currently offers and will operate from 5:30 a.m. to 9:00 p.m., seven days a week (Exhibit 3). Analysis of the Issues The applicant is requesting approval of a variance from Section 41-1341 of the SAMC to allow a reduction in required parking so that an existing vacant tenant space can be converted from retail use to a restaurant use. Section 41-1340 through 41-1360 of the SAMC outlines the City's off-street parking requirement for commercial land uses. Per Section 41-1340, five parking spaces are required for each 1,000 square feet of retail use. Additionally Section 41-1341 requires 10 parking spaces for every 1,000 gross square feet of restaurant use. The building, completed in late 2005, was originally parked to only accommodate retail uses. Pursuant to Section 41-1309 of the SAMC, the deli was not parked at the restaurant rate as the use was determined to be ancillary to the market. The deli occupies less than 10 percent of the market area and there is no seating provided for patrons within the market. In 2006, the Planning Commission approved Minor Exception No. 2006-06. This was a request to allow a 16 percent reduction (five spaces) in required parking to allow the establishment of Javatinis Coffee Lounge in Unit A. The minor exception process allows for a parking reduction of up to 20 percent based on the demonstration that the center with mixed uses will have no conflict in sharing the existing parking stalls. A shared parking analysis, prepared by a local traffic engineering firm, determined that sufficient parking would be provided for the project and that the projected parking demand would not exceed the 26 spaces provided on the premises. The applicant is proposing to relocate the deli operations to the adjacent vacant unit. As the primary use of the unit, the City's parking rate of 10 spaces per thousand square feet for restaurant use 31 B-3 Variance No.2008-20 December 8, 2008 Page 3 would apply, resulting in a required parking demand of 31 spaces. Since the center currently provides 26 parking spaces, there is a deficiency of five parking spaces, which is equivalent to a 16 percent parking reduction. The current request for an additional 16 percent reduction in parking brings the total reduction of parking on the site to 32 percent, therefore requiring a variance. The SAMC provides the ability to vary from the strict application of the code when a situation exists 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" [SANG Section 41-41- 638 (2) (i) ] . The Qwik Korner Deli/Market has been operating at this location for more than 25 years and has an established patronage. While the applicant is hoping for a modest increase in patronage at breakfast time, he does not expect that the relocated delicatessen will result in an increase in patronage during the lunch time peak period and thus, will not require additional parking during the lunch time peak period. To analyze this scenario, a parking study was prepared by Kimley-Horn and Associates, Inc., a traffic engineering firm, to document the existing parking demand at the retail center. Based on the parking demand counts, the peak hours for the center were during the lunch time hours. The parking demand in the center varied from 13 to 22 vehicles during the hours of 12:00 p.m. and 1:30 p.m. signifying a large turnover in parking. For the remaining hours, there were no more than 12 vehicles in the retail center lot. However, because variances run with the land, it is possible that this unit may transition to another restaurant use in the future. To affirm the parking demand for the retail center, a shared parking analysis using the Urban Land Institute (ULI) shared parking mode was also prepared. The ULI shared parking methodology establishes the stand alone peak parking requirements for the various uses on the site, then applies a percentage to the peak requirement for each use, for each hour of the day between 6:00 a.m. and midnight, reflecting the fact that the parking demand for each use varies throughout the course of the day. Using the City's parking requirements for general retail and food uses, and taking in consideration the vacant retail space, the ULI parking model indicates that the center would required 24 parking spaces (Exhibit 4). 31 B-4 Variance No.2008-20 December 8, 2008 Page 4 In summary, the issuance of a variance will allow the relocation of the delicatessen to a unit which has remained vacant since 2005, benefiting the community by providing an increased level of service to the individuals who live and work in the area, while providing sufficient parking for all the users on site. Therefore, staff recommends approval of Variance No. 2008-20 as conditioned. CEQA Compliance In accordance with the California Environmental Quality Act (Title 14 of the California Code of Regulations, Section 15305), the project is exempt from further review. This Class 5 exemption allows minor alterations in land use that do not result in any changes in the land use or density. Categorical Exemption Environmental Review No. 2008-124 will be filed for this project. Luc innaus Sen' r Planner LL:jm 11\reports\pc&za\va08-20 Qwik Korner.pc Vincent Freg so, ICP Principal Planner 31 B-5 Al GENEFIALAGRICULTURAL CR COMMERCIAL RESIDENTIAL Rt SINGLE-FAMILY RESIDENCE -B PARKING MODIFICATION GC GOVERNMENT CENTER R2 TWO-FAMILY RESIDENCE C-SM COMMERCIAL SOUTH MAIN M1 LIGHT INDUSTRIAL R3 MULTIPLE-FAMILY RESIDENCE C1 COMMUNITY COMMERCIAL M2 HEAVY INDUSTRIAL R4 SUBURBAN APARTMENTS C1-MD COMM. COMMERCIAL-MUSEUM DISTRICT MO MILITARY OPERATIONS RE RESIDENTIAL ESTATE C2 GENERAL COMMERCIAL 0 OPEN SPACE SD SPECIFIC DEVELOPMENT C3 CENTRAL BUSINESS P PROFESSIONAL SP SPECIFIC PLAN C3-A CENTRAL BUSINESS-ARTIST' VILLAGE PCD PLANNED COMMUNITY DEVELOPMENT C4 PLANNED SHOPPING CENTER PRD PLANNED RESIDENTIAL DEVELOPMENT CS ARTERIAL COMMERCIAL VA 08-20 ~ QWIK KORNER DELI ~,, 3960 SOUTH MAIN STREET, UNIT C - - =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 3E'~`~B~ , ~~~\P~ ti 0 w 5 ~ o ~y PP ~\P w LIGHT INDUSTRIAL ~ ~ W > FP y~0 ~ = H ~P P Z Q W ~~ ~~ P.~~ W ~ STEVENS AV. g 0 ~ 5~ PP0 0 J ? \ J Z STEVENS ~P~ Q ~~~~'~ PRC3JECT ~ SITE Z ~ SIN LE FAM LY RESI ENT/AL QQ ~ ~~.~.~~~~~~~~~~ G O SUNFLOWER AVENUE 1 Z . ._ c~ C i t y o/ C o s t a M e s a ~U ~ J ~~ ~` ly VA 08-20 QWIK KORNER DELI ~, - 3960 SOUTH MAIN STREET, UNIT C 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 ~I'~~~ 2 13RW Mp1 Yi~b01 O ~ '~A~ IMF .. ~ ; ~ ! ~ ~ • ~W dose No1Mar+vs ~sNaa~ ~~n© °° o wr.w ~,ww '~~ 1 ~ t . o ~'}. ~ a~ !~ 5 y~ Yy~}~1 a~ a'~^ ~ ' ap ~[ ,q= I~ ~ kY30 34 "~~~ o fa ~;~ „~ stir; ~ >_ ~~#3g"6 ~~ i o ~~ W~ 48:~q ~F W'Y~ ~yb~~ ~ ~ ~~ ,~ ~ ~~~~~~4. III ~~ __ I.. ~~~ i;~ I! i~ ~~ a,..~ ~, u. ~i <' rc e- a• u ~ ~~E ~ ~~~~ ~ Z ~~ w a ~ ~ $ x~ ~ ~ W 3S ° J ~ d " S k~ ~ ~ ~ J W ~ y =g 4 n ~ ~ -o by ~ ~ ~ _ ~ ~}~ ~ ~ U 3 ~ ~ ~ u ~~ ~ ~ ~ ~ o o r* 3 ~ ar ~: N i1 F a s a s $ Z W ! ; ~ ~ x y titi y ~y F ~ 2 g{ ~~3 ~C ~g'a~~J ~ e n 6 o F ~ y ~~ c f ~~~ ~~~ E ~ ~~ ~' ~ ~ .~ ~~~ ;~ ~ ~ 4 3 e~B ~ ~_YY ~i~~1E:~~~Z~1 ~, ~ $ .~ g y Q~ 1n11 Y ~ q PARKING STUDY QWIK KORNER RETAIL CENTER AT SUNFLOWER AVENUE AND MAIN STREET IN THE CITY OF SANTA ANA Prepared for: Nadir and Terri Shounia Qwik Korner Retail Center 3960 S. Main Street Santa Ana, CA 92707 Prepared by: Kimley-Horn and Associates, Inc. 765 The City Drive Suite 400 Orange, California 92868 September, 2008 ~'T I T~1 ~. Parking Study for Qwik Korner Retail Center at Sunflower Avenue and Main Street in the City of Santa Ana Prepared for: Nadir and Terri Shounia September 2008 ® Kimley-Horn and Associates, Inc. 31 B-10 PARKING STUDY FOR QWIK KORNER RETAIL CENTER LOCATED AT SUNFLOWER AVENUE AND MAIN STREET IN THE CITY OF SANTA ANA EXECUTIVE SUMMARY • The Qwik Korner Retail Center is located on the northwest corner of Sunflower Avenue and Main Street in the City of Santa Ana. The existing Qwik Korner market is 2,202 squaze feet. The adjacent vacant suite is 1;018 square feet. Javatinis coffee house occupies 994 square feet of the center and there is one vacant suite of 1,002 square feet. • The Applicant proposes to relocate the existing delicatessen located within the existing Qwik Korner Market to the adjacent 1,018 square-foot suite in the retail center. The space being vacated by the delicatessen will be used for more grocery displays, including imported sodas and waters, exotic chips, and additional refrigerated coolers. • The City of Santa Ana Planning Department has requested that a parking study be conducted to 1) document the existing parking demand at the retail center and 2) to conduct a parking analysis using the Urban Land Institute (ULI) shared parking model • The site provides 26 parking spaces. Based on City of Santa Ana parking code, the retail center would be required to have 31 parking spaces taking into consideration the relocation of the delicatessen to the adjacent suite. The ULI shared parking model indicates that the center would require 24 parking spaces, taking into consideration the relocation of the delicatessen to the adjacent suite. • Parking demand counts were collected at the retail center on Thursday, March 20, 2008 and Monday, April 14, 2008.. The parking counts indicate that that on Thursday, March 20, the highest number of vehicles parked in the retail center was 20 vehicles between 12:30 PM and 1:00 PM. On Monday, April 14, the highest number of vehicles parked in the retail center was 22 vehicles at 12:39 PM. • The observer on March 20 noted that, at the peak time, approximately 15 of the parked vehicles were associated with Qwik Korner and 5 of the parked vehicles were associated with Javatinis. Likewise, on April 14, the observer noted that, at the peak time, approximately 17 of the parked vehicles were associated with Qwik Korner and 5 of the parked vehicles were associated with Javatinis. Based on the observations, the parking demand of 22 spaces lasted for a very short period of time - one minute during the lunchtime peak on a weekday. The remaining parking supply of 4 spaces would be available for the fourth suite of the center, which is currently vacant. During all other times of the day, the 26 parking spaces provided on the site would be adequate to serve the existing and proposed uses in the center, including the relocated delicatessen and the currently vacant retail space. The applicant does not expect that moving the existing delicatessen to the adjacent suite would result in an increase in patronage during the lunch time peak period and thus, would not require an additional parking supply during the lunch time peak period It is expected that the same patrons would continue to visit the delicatessen and that any trips between the delicatessen and the market would be walk trips. Parking Study for Qwik Korner Retail Center w ~ ~ _ ~ ~ September, 2008 TABLE OF CONTENTS Page EXECUTIVE SUMMARY ..............................:......................:........................................................................ i INTRODUCTION ............................................................................................................................................. 1 SITE DESCRIPTION ........................................................................................................................................ 1 ................................................ 1 REQUIRED PARKING BASED ON CITY CODE .............................. ULI SHARED PARKING ANALYSIS ...................................................................................................... 1 PARKING DATA COLLECTION ............................................................................................•------........... 3 EVALUATION OF PARKING DATA ...................................................................................................... 3 CONCLUSION .................................................................................................................................................. 6 LIST OF FIGURES Page Figure 1-Site Plan .................................:......................................................................................................... 2 LIST OF TABLES Page Table 1- Summary of Parking Data Collection at Qwik Korner Retail Center in Santa Ana, CA for Thursday, March 20, 2008 ..................:............................................... 4 Table 2 - Summary of Parking Data Collection at Qwik Korner Retail Center in Santa Ana, CA for Monday, Apri114, 2008 ........................................................................ 5 APPENDICES • ULI Shared Parking Tables • Parking Count Data Collection 31 B-1'2 INTRODUCTION The Qwik Korner Retail Center is located on the northwest corner of Sunflower Avenue and Main Street in the City of Santa Ana. Qwik Korner consists of grocery, alcoholic beverage sales, convenience and delicatessen uses where made-to-order sandwiches and lunch items can be ordered and taken out or consumed on-site. The existing Qwik Korner market is 2,202 square feet. The adjacent suite is 1,018 square feet. Javatinis coffee house occupies 994 square feet of the center and there is one vacant suite of 1,002 square feet. The Applicant proposes to relocate the existing delicatessen located within the existing Qwik Korner Market to the adjacent 1,018 square-foot suite in the retail center. The space being vacated by the delicatessen will be used for more grocery displays, including imported sodas and waters, exotic chips, and additional refrigerated coolers.A site plan for the center is provided on Figure 1. The City of Santa Ana Plannin~a Department has requested that a parking study be conducted to 1) document the existing parking demand at the retail center and 2) to conduct a parking analysis using the Urban Land Institute (ULI) shared parking model. SITE DESCRIPTION The retail center is approximately 5,200 square feet. There are currently 26 parking spaces in the retail center parking lot. The streets surrounding the site are Main Street on the east and Sunflower Avenue on the south. Vehicular access to the site is provided via one driveway on Main Street and one driveway on Sunflower Avenue. Both driveways are restricted to right turns in and out only as there are raised median dividers on Sunflower Avenue and Main Street. REQUIRED PARKING BASED ON CITY CODE The City of Santa Ana stipulates that the parking for a development be based on City of Santa Ana parking code. The City's parking code for general retail uses is 5 parking spaces per thousand square feet (KSF). The Qwik Korner retail center was approved with a parking ratio of S spaces per KSF. In 2006, the applicant applied to the City to allow an independent coffee house (Javatinis) to locate in the center. The City's parking code for food uses is ZO parking spaces per KSF. In September 2006, Kimley-Horn and Associates, Inc. performed a parking study at the request of the applicant to document the parking rate for an independent coffee house . It was found that an independent coffee house would have a parking rate within the city's code of 5 parking spaces per KSF. Based on the September 2006 study, the applicant was approved to have an independent coffee house at a rate of 5 parking spaces per KSF. The applicant now is asking the City for consideration to relocate the existing delicatessen from the Qwik Korner market to an adjacent 1,018 square-foot suite. The City's parking code of 10 spaces per KSF would apply to this food use. Considering the allocated square footage for general retail uses (4,198 square feet) and 1,018 square feet for a delicatessen, the required parking per city code would be 31 parking spaces. The center currently provides 26 parking spaces. ULI SHARED PARKING ANALYSIS The ULI Shared Parking methodology establishes the stand-alone peak parking requirements for various uses, then applies a percentage to the peak requirement for each use, for each hour of the day between the hours of 6:00 AM and midnight, reflecting the fact that the parking demand for each use varies throughout the course of the day. Parking Study for Qwik Korger Retail Center w ~ ~ _ ~ 3 September, 2008 J Q U O O Z VI N O_ u O N Ilo ^~ 0 T _d Y W Z W Q LL. W O 1J 1.1... Z ,~ V / Z r ~~ 318-14 1~3~I1S NI`dW Applying these factors to a mix of land uses yields a projected peak parking requirement, at a particular time of day. In theory, the total pazking demand for that mix of uses will not exceed that projected peak, due to the interrelationships and benefits of shazed parking synergies. Using the city code parking requirements for general retail and food uses, the ULI shared parking model indicates that the center would require 24 parking spaces. This takes into consideration the relocation of the delicatessen to the adjacent suite. The ULI analysis uses the City's general retail parking rate of 5 spaces per thousand square feet for the Qwik Korner market space, the vacant retail space, and the Javatini's space. The Ciry's food use parking rate of 10 spaces per thousand square feet was applied to the proposed relocated delicatessen. PARKING DATA COLLECTION Parking counts were made at the existing retail center in order to identify the parking demand actually being generated by Qwik Korner and Javatinis. Parking demand counts were collected at the retail center on Thursday, March 20, 2008 and Monday, April 14, 2008. The counts are summarized on Tables 1 and 2. Parking data collection worksheets are provided in the appendix. As shown on Table 1, the parking demand counts made on Thursday, March 20 were tallied for each half- hour starting at ll:00 AM and ending at 8:00 PM. The parking counts indicate that that the highest number of vehicles parked in the retail center was 20 vehicles between 12:30 PM and 1:00 PM. For all of the remaining half-hours counted, there were no more than 12 vehicles parked in the retail center lot. The observer noted that there was a large turnover in parking during the half-hour count intervals. It was clear from the March 20 observations that the peak demand at the center is during the lunchtime hours. Thus, based on the March 20 observations, parking demand counts were made on Monday, April 14 between the hours of 12:00 PM and 1:30 PM and tallied for each minute of the count period. The highest number of vehicles parked in the retail center was 22 vehicles at 12:39 PM. However, during the hours of 12:00 PM and 1:30 PM, the parking demand in the center varied from 13 vehicles to 22 vehicles, again signifying a large turnover in parking. It was noted that very few of the Qwik Korner patrons take advantage of the inside and outside tables, but rather leave the market within a couple of minutes. The observer on March 20 noted that, at the peak time, approximately 15 of the parked vehicles were associated with Qwik Korner and 5 of the parked vehicles were associated with Javatinis. Likewise, on April 14, the observer noted that, at the peak time, approximately 17 of the parked vehicles were associated with Qwik Korner and 5 of the parked vehicles were associated with Javatinis. The parking counts do not take into consideration how much of the Qwik Korner parking demand is generated by the convenience market versus the delicatessen inside the market. Evaluation of Parking Data Based on the observations, it is clear that the parking demand for the existing uses at the Qwik Korner retail center varies based on time of day and even within the peak lunchtime hours. Based on the observations, it is calculated that the existing Qwik Korner/delicatessen has a worst case existing parking demand rate of 7.7 spaces per KSF at its peak time (between 12:30 PM and 1:00 PM on a weekday). This rate is based on the April 14 parking observations. It was observed that the Qwik Korner parking lot was at the most 85% full (22 spaces used) for only 1 minute of the observations. At all other times, it was observed that the parking lot would be able to accommodate parking for all uses including the vacant retail use of 1,002 square feet. Parking Study for Qwik Korner Retail Center ~ ~ ~ _ ~ 5 September, 2008 Table 1 Sununary of Parking Data Collection at Qwik Korner Retail Center, Santa Ana, CA for Thursday, March 20, 2008 Da /Date Time of Da Number of Vehicles Parked Thursday 11:00 AM 6 March 20, 2008 ll:30 AM 7 12:00 PM 9 12:30 PM 20 1:00 PM 10 1:30 PM 12 2:00 PM 8 2:30 PM 4 3:00 PM 3 3:30 PM 2 4:00 PM 4 4:30 PM ~ 4 5:00 PM 3 5:30 PM 8 6:00 PM 5. 6:30 PM 4 7:00 PM 6 7:30 PM 3 8:00 PM 4 Parking Study for Qwik Korner Retail Center 4 September, 2008 31 B-16 Table 2 Summary of Parking Data Collection at Qwik Korner Retail Center, Santa Ana, CA for Monday, April I4, 2008 Da /Date Time of Da Number of Vehicles Pazked Time of Da Number of Vehicles Parked Time of Da Number of Vehicles Parked . Monday 12:00 PM 12 12:31 PM 16 I:Ol PM 1S Apri114, 2008 12:01 PM 13 12:32 PM 18 I:02 PM 15 12:02 PM 12 12:33 PM 18 1:03 PM 15 12:03 PM 14 12:34 PM 18 1:04 PM 15 12:04 PM 13 12:35 PM 18 1:05 PM I6 12:05 PM 13 12:36 PM 19 I:06 PM 16 12:06 PM 14 12:37 PM 19 1:07 PM 19 12:07 PM 15 12:38 PM 21 1:08 PM 19 12:08 PM 15 12:39 PM 22 1:09 PM 21 12:09 PM 15 12:40 PM 19 1:10 PM 19 12:10PM 15 12:41PM 19 I:11PM 19 12:II PM ' 15 12:42 PM 18 1:I2 PM 17 12:12 PM 15 12:43 PM 16 1:13 PM 16 12:13 PM 16 12:44 PM 14 1:14 PM 16 12:14 PM 15 12:45 PM 14 I:1S PM 19 12:15 PM 15 12:46 PM 13 I:16 PM 19 12:16 PM 15 12:47 PM 13 1:17 PM IS 12:17 PM 14 12:48 PM 13 1:18 PM 19 12:18 PM I3 12:49 PM 14 1:19 PM 20 12:19 PM 13 12:50 PM 14 1:20 PM 2I 12:20 PM 13 12:51 PM I4 1:21 PM 18 1221 PM 13 12:52 PM I4 1:22 PM 18 12:22 PM 1S 12:53 PM 13 1:23 PM 17 12:23 PM 16 12:54 PM 13 1:24 PM 18 12:24 PM 15 12:55 PM 17 1:25 PM 19 12:25 PM 17 12:56 PM 18 1:26 PM 19 12:26 PM 16 I2:57 PM 17 1:27 PM 19 12:27 PM 16 12:58 PM 15 1:28 PM 18 12:28 PM 14 12:59 PM 16 1:29 PM 15 12:29 PM 14 1:00 PM 16 1:30 PM 14 12:30 PM 15 Pazldng Study for Javapnis CofEec Lounge 5 September, J008 31 B~-17 The March and April 2008 observations confirmed the parking rate of 5 spaces per KSF for an independent coffee shop based on observations conducted in September 2006. The applicant does not expect that moving the existing delicatessen to the adjacent suite would result in an increase in patronage during the lunch time peak period and thus, would not require an additional parking supply during the lunch time peak period. It is expected that the same patrons would continue to visit the delicatessen and that any grips between the delicatessen and the market would be walk trips. Conclusion The Applicant proposes to relocate the existing delicatessen located within the existing Qwik Korner Market to the adjacent 1,018 square-foot suite in the retail center. The space being vacated by the delicatessen will be used for more grocery displays, including imported sodas and waters, exotic chips, and additional refrigerated coolers. The applicant does not expect that the relocated delicatessen will result in an increase in patronage during the lunch time peak period and thus, will not require an additional parking supply during the lunch time peak period. It is expected that the same patrons would continue to visit the delicatessen and that any trips between the delicatessen and the market would be walk trips. Based on the observations, there was a parking demand for. the center of 22 spaces for one minute during the lunchtime peak on a weekday. The remaining parking supply of 4 spaces would be available for the fourth suite of the center, which is currently vacant. During all other times of the day, the 26 parking spaces provide on the site would be adequate to serve the existing and proposed uses in the center, including the relocated delicatessen and the currently vacant retail space. Parking Study for Qwik Korner Retail Center . ~ ~ ~ _ ~ ~ September, 2008. APPENDICES 31 B-19 ULI Shared Parking Tables 31 B-20 F~ F .-. N ~ °~ ,`~.. 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Yl ~O h oG p~ _ ~ N N 0 a a ~ ~ ° d~ °~ H 3 ~ , °~ Q N N M h 0 II A ~~e h a a AA {Q~~ a qqK a z Q a ~~ 4 Q~ N fs 31 B-22 " Parking Count Data Collection 31 B-23 Qwik Korner Parking Study Project # 08-1051-001 Location: Sunflower & Main Day: Thursday City: Santa Ana Date: 3/20/2008 TIME Spaces Reg. 24 ~ 2 TOTAL 26 11:00 AM 6 0 6 17:30 AM 7 0 7 12:00 PM 9 0 9 12:30 PM 20 0 20 1:00 PM 10 0 10 1:30 PM 12 0 12 2:00 PM 8 0 8 2:30 PM 4 0 4 3:00 PM 3 0 3 3:30 PM 2 0 2 4:00 PM 3 1 4 4:30 PM 4 0 4 5:00 PM 3 0 3 5:30 PM 8 0 8 6:00 PM 5 0 5 6:30 PM 4 0 4 7:00 PM 6 0 6 T:30 PM 3 0 3 8:00 PM 4 0 4 31 B-24 ^~~ Kimley-Horn ~ and Associates, lnc. 7/. /~'~~ Q~ ~~ d ~ 7 ~~0~ /~~ ~. r ,ao~ .~~ ~ -- ~~ /~a ~~nc~ /~a~ %~~" /~-v °~ ~~ U ~~ i l . /~~ a-- / ~3_ / ~~ ~/ /~ ~ /02~ lv f~~~ ~ ~~ g . I ~/'~1 /a-~ o / ~~-~ t . ~~~ l Sheet No. of Job Subject Job No . Designed by Date Checked b y Date c ®~S~/ vim'--:I~~JV" ~~~ Ja~a~ . ~ ~K , ~~~~m~ ~~~~) -~ ~~~ f .. ~~-~~ - ~ a-~~ ~- - -- + ~~~-~-~ a3 v +- i ~-3 ~ -- ~- ~- . /~~j~ . la3`~ ~~" jai c~ ~- = + % ~- 3~ -{- . t' i ~"~~' -~ -F --- a ~~ /~-s~~- - 31 B ~2~~3 ^ i• ^ KimleyHom ~ and Associates, Inc. ~~~ ~~.~~ _ . ~-~ + ~~ ~a~~ -++ a~ ;~~~ .. ~-S2- is ~ ~ -+ ~. ~~ s~ /2-~~ 1- / ~~ 7 ~~ ~~ - /a-s~ -~ /ov +! D / _' /OZ f~~ -} /a~ f b S` -~-" /' O Co /~ Sheet No. of Job Subject Job No . Designed by Date ~ ow ~ Checked bf' Date Q k ~1~~ /0 7 ~-. f~+- - o~ . Ian ~-~-~ lI U ~ .l . //2 -- - ~ . /% ~ ~~ ~ _ . ~; ~ -~ ~ ~i~ _ . ~~ ~ ~ ~~ ~ ~ ~ /2t7 ~- /Z / - -- /ZZ ~ a-3 .__. ~ Z~ -~' / Z,~ -t- I~~ ~a7 ~2~ Z~j ~ Y _ . 31 B-2~i~~, ROH- 12/8/08 RESOLUTION NO. 2008-35 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2008-20 AS CONDITIONED TO REDUCE THE REQUIRED PARKING FOR THE PROPERTY LOCATED AT 3960 SOUTH MAIN STREET, UNIT C 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. 2008-20 to reduce the required parking standards for a sandwich shop at 3960 South Main Street, Unit C. B. Variance No. 2008-20 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on December 8, 2008. C. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a variance upon making certain findings. 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. Special circumstances apply to the subject site that necessitates a parking variance for the project. The site is a small infill retail center within a built out area of the City. The site is surrounded by residential uses on two sides and streets on the other two. Due to its location, the applicant is unable to acquire additional land to meet the parking code. 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of the variance to reduce the required on-site parking is necessary for the preservation and enjoyment of the applicant's right to occupy a unit on a retail center that has remained vacant since its construction. This variance Resolution No. 2008-35 31 B-27 Page 1 of 5 would allow a modest growth to the delicatessen, while allowing for a broader product selection at the convenience store. This in turn, would provide additional services to the community. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of a variance to reduce the required on-site parking will not be detrimental to the public welfare or injurious to the surrounding properties as conditioned. Based on the parking study prepared for the project, the 26 parking stalls available in the site will provide sufficient parking for all the uses in the center and therefore not impact the surrounding properties. The Planning Commission previously approved Minor Exception No. 2006-06 to allow a 16 percent reduction (five spaces) in required parking to allow the establishment of Javatinis Coffee Lounge in Unit A, but this Variance is separate and apart from that Minor Exception. 4. That the granting of a variance will not adversely affect the General Plan of the City. The granting of the variance will not adversely affect the General Plan of the City. Instead, it will further Goal 5 of the Land use element to ensure that the impacts of development are mitigated. When fully occupied, this development will have a net community benefit, by providing needed services to the surrounding community, while providing sufficient parking to meet its customer's needs. D. In accordance with the California Environmental Quality Act (Title 14 of the California Code of Regulations, Section 15305), the project is exempt from further review. This Class 5 exemption allows minor alterations in land use that do not result in any changes in the land use or density. Categorical Exemption Environmental Review No. 2008-124 will be filed for this project. Section 2. The Planning Commission after conducting the public hearing hereby approves Variance No. 2008-20 as conditioned in Exhibit "A" attached hereto and incorporated herein, to reduce the required parking standards for a sandwich shop at 3960 South Main Street, Unit C. This decision is based upon the evidence submitted at the above said hearing, which includes but is not limited to: the Request for Planning Commission Action dated December 8, 2008, and exhibits attached thereto; and, the public testimony, all of which are incorporated herein by this reference. Resolution No. 2008-35 31 B -2 8 Page 2 of 5 ADOPTED this 8th day of December, 2008 by the following vote: AYES: Commissioners: Alderete, Betancourt, Gartner, Yrarrazaval (4) NOES: Commissioners: None (0) ABSENT: Commissioners: Leo, Mill (2) ABSTENTIONS: Commissioners: None (0) Eric Alderete Vice Chairman APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Ryan O. Hodge Deputy City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2008-35 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on December 8, 2008. Date: Planning Commission Secretary City of Santa Ana Resolution No. 2008-35 31 B-29 Page 3 of 5 Conditions for Approval for Variance No. 2008-20 Variance No. 2008-20 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. All proposed site improvements must conform to the Site Plan Review approval of DP No. 2008-43. 2. The maximum parking reduction permitted by this variance is 16 percent, which is equivalent to five parking stalls. 3. There shall be no more than 15 seats within the premises at any time. Resolution No. 2008-35 31 B-30 Page 4 of 5 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, Santa Ana, California 92701. I served the fore oing document described as: Resolution No. 2008-35 (Variance No. 2008-20}g in this action by placing a true copy ereo enc ose m sealed envelopes addressed as follows: Shounia Family Trust 44 Fern Pine Irvine, CA 92618 [ ] 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. 2008-35 31 B-31 Page 5 of 5 31 B-32