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HomeMy WebLinkAbout2006-05KO -3/20/06 RESOLUTION NO. 2006-005 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2005-06 FOR THE PROPERTY LOCATED AT 101 SOUTH GUNTHER 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. 2005-06 to allow a reduction in lot size for the property located at 101 South Gunther Street. B. Variance No. 2005-06 came before the Planning Commission on March 27, 2006 for a duly noticed public hearing. C. The Planning Commission determines that for Variance No. 2005-06 the following findings, which must be established pursuant to Santa Ana Municipal Code Section 41-638 in order to grant a variance from the i provisions of the Santa Ana Municipal Code, have been established: That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, that 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 subject site is located on the southeast corner of Gunther and First Streets, which is a contained site surrounded by existing residential and commercial developments. The lot size reduction is necessary due to the existing configuration and the unavailability of adjacent properties. This variance will allow the applicant the ability to use the property in a manner that is consistent with similar surrounding commercial and professional uses. 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 will preserve the property owner's ability to develop the property with awell-designed Resolution No. 2006-005 Page 1 of 6 retail building that is consistent with the intent of the North • Harbor Specific Plan (SP2). 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 variance will not be materially detrimental to the public welfare or injurious to surrounding property because the project has been designed to preserve the character of the surrounding neighborhood. The facility will contribute to the general well being of the community by providing retail service to residents and visitors as well as enhancing the economic stability of the area by converting a single-family residence into a vital, active commercial development. 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 since the proposed flower shop was designed in conformance with City Zoning, Development, and General Plan requirements. • D. This project was reviewed in accordance with the Guidelines for the California Environmental Quality Act. The action is exempt from further review pursuant to Section 15303 and 15305. The Class 3 exemption allows the construction of small structures and the Class 5 exemption allows minor alterations in land use limitations. Categorical Exemption Environmental Review No. 2004-246 will be filed for this project. Section 2. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Variance No. 2005-06 as conditioned in Exhibit A attached hereto and incorporated as though fully set forth herein. This decision is based upon the evidence submitted at the above said hearing, which includes but is not limited to: the Staff reports and exhibits attached thereto; and the public testimony all of which are incorporated herein by this reference. ADOPTED this 27th day of March, 2006 by the following vote: AYES: Commissioners: Betancourt, Cribb, De La Torre, Gartner, Leo, Lutz (6) NOES: Commissioners: None (0) ABSENT: Commissioners: Rodriguez (1) • ABSTENTIONS: Commissioners: None (0) Resolution No. 2006-005 Page 2 of 6 • ~ ~~ Christo er Leo Chairm n APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney y7~ , .. By: ~ _ l ~'G ~ a Kylee O. Otte Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY • I MARTHA RAMIREZ Clerk of the Plannin Commission do hereb attest to and g ~ Y certify the attached Resolution No. 2006-005 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on March 27, 2006. Date: /~"~~~~o ~'s~ Clerk of the Planning Commiss~ City of Santa Ana Resolution No. 2006-005 Page 3 of 6 • Conditions for Approval for Variance No 2005-06 Variance No. 2005-06 is approved subject to compliance, to the reasonable satisfaction of the Planning Commission, 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 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. 03- 71. 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 afive-gallon size throughout the project. 4. 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. 5. A color and material board shall be submitted to the Planning Manager for review and approval prior to issuance of building permits. 6. The vehicular entry on First Street shall be constructed of integrally- colored concrete with a decorative scoring pattern. A plan detailing the final materials and design for the entry treatment shall be submitted to the Planning Manager for review and approval prior to issuance of building permits. 7. A six-foot high decorative block wall along the south and east property lines shall be provided and shall include caps and pilasters with a stone veneer to match the proposed stone veneer on the building, subject to review and approval of the Planning Manager. • 8. The proposed concrete patio shall not encroach into the required five-foot landscape planter along the south property line. Exhibit A Resolution No. 2006-005 Page 4 of 6 9. A revised landscaping plan identifying the quantity and species of trees • and shrubs must be submitted, subject to review and approval of the Landscape Associate. 10. Public payphones, if provided, may only be located within buildings or in the interior of the site. B. Police Department 1. The proposed building and parking lot must conform with the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project's lighting, door/window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. • Resolution No. 2006-005 Page 5 of 6 • 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. 2006-005 (VA 2_005-0~6 in this action by placing a true copy thereof enc-o~cfin sea a enve opes addressed as follows: Diep Ngoc Tran 20111 Cove Circle Huntington Beach, CA 92646 [ ] 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 i 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 March 28, 2006 at Santa Ana, California. MARTHA RAMIREZ • Resolution No. 2006-005 Page 6 of 6