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HomeMy WebLinkAbout2008-06 RESOLUTION NO. 2008-06 KO-2/13/08 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2007-16 AS CONDITIONED TO ALLOW A REDUCTION IN THE REQUIRED LOT SIZE AND IN THE REQUIRED LOT FRONTAGE AND APPROVING VARIANCE NO. 2007-17 AS CONDITIONED TO ALLOW A REDUCTION IN THE REQUIRED REAR YARD SETBACK FOR A NEW OFFICE BUILDING TO BE CONSTRUCTED AT 3509 WEST FIFTH STREET 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. 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. 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 i Resolution No. 2008-06 Page 1 of 9 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. 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 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 The proposed commercial development will have no i 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 Gommission 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 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 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 I Christoph Leo Chairman APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney Kylee Otto ,~ Assistant Ci Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY CJ 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 a etary City of Santa Ana Resolution No. 2008-06 Page 6 of 9 • Conditions for Approval 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 Conditions for Aparoval 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 rip or to exercising the rights conferred by this variance. The applicant must remain in compliance with all conditions listed below throughout the life of the variance. Failure to comply with each and every condition may result in the revocation of the variance. A. Planning Division 1. The project shall remain in compliance with Site Plan Review DP No. 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. Exhlblt B Resolution No. 2008-06 Page 8 of 9 S PROOF OF SERVICE (C.C.P. SECTION 1013(a), 2015.5) STATE OF CALIFORNIA. COUNTY OF ORANGE 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. 2007-16 and 2007-17 in this action by p acing a true copy t ereof e~osec~in sea a 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 February 26, 2008 at Santa Ana, California. MA HA RAM I R Resolution No. 2008-06 Page 9 of 9