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HomeMy WebLinkAbout2007-41• RESOLUTION NO. 2007-41 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2007-09 AS CONDITIONED TO ALLOW A REDUCTION IN THE REQUIRED LANDSCAPE SETBACKS AND MINOR EXCEPTION NO. 2007-04 AS CONDITIONED TO ALLOW A REDUCTION IN OFF-STREET PARKING FOR THE PROPERTY LOCATED AT 2230 NORTH TUSTIN AVENUE KO-2/7/08 BE !T 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 a variance to allow a reduction in the required landscape setbacks and a Minor Exception for a reduction in the required off-street parking to allow the construction of a new retail building at . the property located at 2230 North Tustin Avenue. B. Variance No. 2007-09 and Minor Exception No. 2007-04 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on November 26, 2007. The Planning Commission continued the item to December 10, 2007. On December 10, 2007 the planning commission continued the matter to January 28, 2008. C. Variance No. 2007-09 has been filed with the City of Santa Ana seeking to reduce the required landscaping as required by Section 41-427. The front yard setback will be reduced from fifteen (15) feet to five (5) feet adjacent to the parking lot and adjacent to the existing building from fifteen (15) feet to ten feet. The rear yard landscape setback from five (5) feet to zero (0) feet. The rear yard setback for the new building to be constructed from five (5) to three (3) feet. 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 Resolution No. 2007-41 Page 1 of 10 privileges not otherwise at variance with the intent and • purpose of the provisions of this chapter. Special circumstances are applicable to the subject site that necessitates a landscaping variance for the project. The existing buildings were built in compliance with code at the time of their construction, with a front yard setback ranging from five to 10 feet and a zero rear yard setback. The requirement of setbacks to code would result in the loss of approximately 350 square feet of building area and 47 parking stalls, which would adversely affect the existing tenants in the center. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The landscaping variance is necessary to preserve property rights as the owners will be constructing a new building on a vacant lot and will be providing an additional retail amenity to the surrounding community. 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 detrimental to the area as the setbacks for the new building will be in compliance with code. 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 the construction of retail buildings. D. Minor Exception No. 2007-04 has been filed with the City of Santa Ana seeking to reduce the minimum required off-street parking as required by Sections 41-1340 through 41-1342 of the Santa Ana Municipal Code from 257 off-street parking spaces to 208 off street parking spaces which is a nineteen (19%) percent parking minor exception. i Resolution No. 2007-41 Page 2 of 10 • 1. On November 14, 2007, a public hearing was held by the Zoning Administrator. At the conclusion of the public hearing, the Zoning Administrator determined that the minor exception was of such magnitude as to be of special interest to the people of Santa Ana and continued the matter to the Planning Commission. 2. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a minor exception upon making certain findings. That the granting of a minor exception to allow two or more independent uses to share the required parking stalls will not result in a conflict between parking for one use and parking for another due to differences in time of primary utilization of parking. The Santa Clara Plaza retail center is a contained site surrounded by residential and commercial uses. As proposed, a total parking reduction of 19 percent is anticipated for the center. The minor exception process allows for a parking reduction of up to 20 percent based on the demonstration that a center with mixed uses will have no conflict in sharing the existing • parking stalls. Site visits during peak hours of activity have determined that sufficient parking will be provided for the project. ii. That the granting of a minor exception will not substantially increase difficulties of vehicle maneuverability or traffic congestion on the project site. The existing on-site parking will be sufficient to accommodate the proposed restaurant use. The center has an acceptable circulation design that will be improved as a new driveway for the center will be constructed along Santa Clara Avenue. E. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review per Section 15303. This Class 3 exemption allows the construction of new commercial buildings that are less than 10,000 square feet in size in urbanized areas and that do not utilize significant amounts of hazardous substances. Categorical Exemption Environmental Review No. 2007-08 will be filed for this project. • Resolution No. 2007-41 Page 3 of 10 • Section 2. The Planning Commission after conducting the public hearing hereby approves for the property located at 2230 North Tustin Avenue: 1. Variance No. 2007-09, as conditioned in Exhibit "A" attached hereto and incorporated herein, to allow a reduction in the setbacks. 2. Minor Exception No. 2007-04, as conditioned in Exhibit "B" attached hereto and incorporated herein, to allow a reduction in off- street parking. 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 November 26, 2007 and exhibits attached thereto; the Request for Planning Commission Action dated December 10, 2007 and exhibits attached thereto; the Request for Planning Commission Action dated January 28, 2008 and exhibits attached thereto and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 28th day of January, 2008 by the following vote: • AYES: Commissioners: Alderete, De La Torre, Gartner, Leo, Mill, Munoz(6) NOES: Commissioners: None (0) ABSENT: Commissioners: Betancourt (1) ABSTENTIONS: Commissioners: None (0) c Christo er Leo Chairman APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney Kylee Otto ,' Assistant City Attorney • Resolution No. 2007-41 Page 4 of 10 U CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2007-41 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on January 28, 2008. Date: 02 /a ~ Planni Commission etary City of Santa Ana Resolution No. 2007-41 Page 5 of 10 • Conditions for Approval for Variance No. 2007-09 Variance No. 2007-09 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 Uniform Fire Code, the Uniform Building 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 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. 06- 74. 2. Prior to submittal into building plan check, architectural plans for the new building must be submitted to the Planning Manager for review for approval. • 3. The maximum parking reduction permitted on the property is 19 percent. The total area for restaurants shall not exceed 13,677 square feet. 4. Prior to submittal into building plan check, submit a final landscape plan that notes that all dead and missing landscaping will be replaced. 5. Install eighteen 36-inch box Italian Cypress trees within the landscape planter that separates the parking lot for the proposed building from the school use to the west. 6. Prior to submittal into building plan check, submit plans for the new block wall to be constructed along the west property line. The plans shall include structural calculations and design details that identify the reinforcement of the lower three feet of the wall to prevent its collapse if impacted by a vehicle or other unforeseeable event. B. Public Works Agency Prior to submittal into Building Plan Check, revise the plans to: 1. Delete "portion of from the note next to the existing driveways on Tustin and Santa Clara Avenues. 2. Depict the natural prolongation of the property line at the corner of Tustin • and Santa Clara Avenues. Resolution No. 2007-41 Page 6 of 10 Exhibit A 3. Note the installation of a grease interceptor per City requirements and per • City standards for all restaurants within the new building. 4. Modify Note No. 4 of the General Notes to change "frontage improvements" to "curb lane pavement." Resolution No. 2007-41 Page 7 of 10 • Conditions for Approval for Minor Exception No. 2007-04 Minor Exception No. 2007-04 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 Uniform Fire Code, the Uniform Building 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 minor exception. Failure to comply with each and every condition may result in the revocation of the minor exception. A. Planning Division 1. The project shall remain in compliance with Site Plan Review DP No. 06- 74. 2. Prior to submittal into building plan check, architectural plans for the new building must be submitted to the Planning Manager for review for approval. • 3. The maximum parking reduction permitted on the property is 19 percent. The total area for restaurants shall not exceed 13,677 square feet. 4. Prior to submittal into building plan check, submit a final landscape plan that notes that all dead and missing landscaping will be replaced. 5. Install eighteen 36-inch box Italian Cypress trees within the landscape planter that separates the parking lot for the proposed building from the school use to the west. 6. Prior to submittal into building plan check, submit plans for the new block wall to be constructed along the west property line. The plans shall include structural calculations and design details that identify the reinforcement of the lower three feet of the wall to prevent its collapse if impacted by a vehicle or other unforeseeable event. B. Public Works Agency Prior to submittal into Building Plan Check, revise the plans to: 1. Delete "portion of from the note next to the existing driveways on Tustin and Santa Clara Avenues. 2. Depict the natural prolongation of the property line at the corner of Tustin and Santa Clara Avenues. • Resolution No. 2007-41 Page 8 of 10 3. Note the installation of a grease interceptor per City requirements and per City standards for all restaurants within the new building. 4. Modify Note No. 4 of the General Notes to change "frontage improvements" to "curb lane paveme Exhibit B n LJ • Resolution No. 2007-41 Page 9 of 10 • # ,. • 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 2nd Santa Ana, California 92702. I served the foregoing document described as: Resolution No. 2007-41 lance No. 2007-09 and Minor Exce tion No. 20 - In t Is action y p acing a copy t ereo enc ose in sea a enve opes a resse as follows: Gaetano Belcore Santa Clara Plaza 14101 Yorba Street, Suite 204 Tustin, CA 92780 [ ] 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 12, 2008 at Santa Ana, California. 7 MARTHA RAMIREZ Resolution No. 2007-41 Page 10 of 10