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Home My WebLink About2008-09• RESOLUTION NO. 2008-09 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2008-01 AS CONDITIONED TO ALLOW A REDUCTION IN SETBACKS FOR THE PROPERTY LOCATED AT 1309 WEST SECOND STREET KO-3/6/08 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. 2008-01 Variance No. 2008-01 to allow a reduction in setbacks for a new family life center at 1309 West Second Street. B. Variance No. 2008-01 came before the Planning Commission of the City t of Santa Ana for a duly noticed public hearing on February 25, 2008. C. Variance No. 2008-01 has been filed with the City of Santa Ana seeking to reduce the required building setback along the west property from twenty (20) feet to five (5) feet. Section 41-369 of the Santa Ana Municipal Code requires a twenty (20) foot landscaped setback if a building exceeds fifteen (15) feet in height if adjacent to a residential use. D. 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 provisions of this Chapter. The proposed reduction in the side yard setback will allow the applicant the ability to construct a new family life center to replace the one demolished for the Bristol Street Widening Project. Due to the conveyance of land for the widening and for the Second Street cul-de-sac, the location of the new • Resolution No. 2008-09 Page 1 of 5 building was constrained due to the irregular shape of the • lot. 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 setback variance will preserve the property owner's ability to develop the property with a project that is consistent with the Community Commercial (C-1) zoning district and with a project that is consistent with the goals and policies of the General Plan. A condition of approval is incorporated that will require additional, enhanced landscaping along the west property line to mitigate impacts to the adjacent residential use. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of the setback variance will not be detrimental to the public welfare or injurious to surrounding property. The proposed building will be buffered by landscaping to reduce the impact to the adjacent residential use. • 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 as churches and ancillary buildings are permitted in the General Commercial (GC) General Plan land use designation. Further, the proposed building is consistent with Goals 1 and 4 of the General Plan Land Use Element, which encourage the City to promote a balance of land uses to address basic community needs and promote the protection and enhancement of sites that are unique community assets. E. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review pursuant to Section 15332. This Class 32 exemption allows infill development that is consistent with the general plan, on a lot less than five acres in size and is adequately served by all required utilities and public services. Categorical Exemption No. 2007-90 will be filed for this project. Section 2. The Planning Commission after conducting the public hearing hereby approves Variance No. 2008-01, as conditioned in Exhibit "A" attached hereto and incorporated herein, to allow a reduction in the required building setback along the west • Resolution No. 2008-09 Page 2 of 5 property to five (5) feet for the property located at 1309 West Second Street. 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 February 25, 2008 and exhibits attached thereto and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 25th day of February, 2008 by the following vote: AYES: Commissioners: Alderete, Betancourt, Gartner, Leo, Mill, Munoz(6) NOES: Commissioners: None (0) ABSENT: Commissioners: De La Torre (1) ABSTENTIONS: Commissioners: None (0) Christoph eo Chairma • 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. 2008-09 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on February 25, 2008. Date: ~/a D~ ~' Planning Commission ec tary City of Santa Ana • Resolution No. 2008-09 Page 3 of 5 • Conditions for Approval for Variance No. 2008-01 Variance No. 2008-01 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 Standards Building Code, and all other applicable regulations. The applicant must comply with each and every condition listed below rip or to exercising the rights conferred by this variance. The applicant must remain in compliance with all conditions listed below throughout the life of the development project. 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 with the Site Plan Review approval of DP No. 07-33 and the staff report exhibits. 2. Any amendment to this variance must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the variance must be amended. 3. Prior to issuance of any building permit, a voluntary lot merger to combine the lots into one parcel shall be recorded. 4. Landscaping along the west property line shall be upgraded to 36-inch box trees. 5. The use at this location is limited to a church and related activities. No thrift shop, full-time school or rehabilitation programming may occur on the premises. 6. There shall be no more than 171 seats or occupancy of the church at any time. 7. The use of the Family Life Center is limited to when church services are not occurring. 8. Prior to issuance of a certificate of occupancy, replace all dead and missing landscaping per the Landscape Development Associate. 9. Prior to issuance of a certificate of occupancy, the parking lot needs to be repaired and repaved. Exhibit A Resolution No. 2008-09 Page 4 of 5 10. Prior to issuance of building permits, a final landscape plan shall be submitted to the Planning Commission for review and approval B. Police Department 1. Prior to issuance of any building permit, submit a conceptual lighting plan for the parking lot. Light standards cannot be located in landscaped areas to avoid conflict with the canopy growth of trees. 2. The existing parking lot and building must conform to the provision of the Building Security Ordinance, including lighting, doors and window locking devices, and addressing. • Resolution No. 2008-09 Page 5 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 2"d ,Santa Ana, California 92702. I served the fore oing document described as: Resolution No. 2008-09 Variance No. 2008-0 in this action by placing a true copy t ereo enc ose in sea e enve opes a ressed as follows: Ken Agharokh, AIA 25471 Wagon Wheel Circle Laguna Hills, CA 92653 Johnson Chapel AME Church Reverend Michael L. Barta 1306 West Second Street Santa Ana, CA 92703 [ ] 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 EMAIL 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 April 15, 2008 at Santa Ana, California. MARTHA RAMIREZ L~