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RESOLUTION NO. 2005-78
KO -11 /22/05
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA DENYING TENTATIVE
PARCEL MAP NO. 2005-08 (COUNTY MAP NO. 2004-178);
VARIANCE NO. 2005-61(A) FOR A REDUCTION IN
PARKING SPACES; VARIANCE NO. 2005-61(B) FOR A
REDUCTION IN MINIMUM SETBACKS; AND DENYING
VARIANCE NO. 2005-61(C) FOR A REDUCTION IN
LANDSCAPING FOR THE PROPERTY LOCATED AT
2106-2230 NORTH TUSTIN AVENUE
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 Tentative Parcel Map No. 2005-08
(County Map No. 2004-178); Variance No. 2005-61(a) to allow a reduction
in parking spaces; Variance No. 2005-61(b) to allow a reduction in
minimum setbacks; and Variance No. 2005-61(c) to allow a reduction in
landscaping for the property located at 2106-2230 North Tustin Avenue.
B. Tentative Parcel Map No. 2005-08, Variance No. 2005-61 (a)(b) and (c)
came before the Planning Commission of the City of Santa Ana for a duly
noticed public hearing on November 28, 2005.
C. Applicant is requesting approval of Tentative Parcel Map No. 2005-08
(County Map No. 2004-178) for the property located at 2106-2230 North
Tustin Avenue.
1. For Tentative Parcel Map No. 2005-07, the Planning Commission
determines that the findings necessary to grant the Tentative Parcel
Map have not been established:
i. The proposed project, as conditioned, and its design and
improvements are consistent with the General Commercial
land use designation of the General Plan and are otherwise
consistent with all other elements of the General Plan and
any applicable specific plans.
The proposed subdivision is not consistent with the
Land Use element of the General Plan. As property
. continues to be subdivided, it becomes difficult to
reassemble property for future development or
• rehabilitation, especially large-scale development
projects. The subdivision of land into small parcels,
Resolution No. 2005-78
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as proposed by the applicant, is not consistent with
Policy 2.7 of the General Plan which is intended to
promote the rehabilitation of commercial properties.
ii. The proposed project, as conditioned, conforms to all
applicable requirements of the zoning and subdivision codes
as well as other applicable City ordinances.
The proposed subdivision does not conform to the
provisions of the Subdivision Map Act. Section
66474(b) of the Subdivision Map Act states that the
legislative body of a city shall deny a tentative map if
it makes the finding that the design or improvement of
the proposed subdivision is not consistent with the
applicable general and specific plans. Under the
current ownership conditions, the vacant parcel
(Parcel 1) would be developed as an integrated parcel
with Parcel 2, which contains an existing retail center.
Upon the sale of one parcel to another owner, it
becomes extremely difficult to maintain an integrated
development due to dual ownership. The coordinated
rehabilitation of the buildings, parking areas and
landscaping would suffer as each parcel would be a
"stand alone" parcel.
iii. The project site is physically suitable for the type and density
of the proposed project.
The proposed site is not physically suitable for the
subdivision as proposed since new nonconformance
in the parking requirement existed at Parcel 2. A total
of 181 parking spaces are required for Parcel 2, only
170 parking spaces are provided.
iv. The design and improvements of the proposed project will
not cause substantial environmental damage or substantially
and avoidably injure fish and wildlife or their habitat.
Since the project site is located in an urbanized area,
there are no known fish or wildlife populations existing
on the project site. Therefore, the proposed
subdivision will not cause any substantial
environmental damage or substantially and avoidably
injure fish and wildlife or their habitat.
v. The design or improvements of the proposed project will not
cause serious public health problems.
There are no new buildings or building square footage
• proposed as part of this project and, therefore, no
alterations are proposed to the development project
Resolution No. 2005-78
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that would create public health problems. The
subdivisions proposed in Tentative Parcel Map No.
2005-08 will not affect the health or safety of persons
residing in the vicinity since the project does not
involve any new buildings on the project site.
vi. The design or improvements of the proposed project will not
conflict with easements necessary for public access through
or use of the property within the proposed project.
The subdivision proposed will not create any conflicts
with existing easements found on the site. If
approved, Covenants, Conditions and Restrictions
(CC&Rs) will be required to ensure the appropriate
easements such as access, egress, drainage, utility
and other necessary easements are maintained over
both parcels.
D. Applicant is requesting approval of Variance No. 2005-61(a) to allow a
reduction in parking spaces; Variance No. 2005-61(b) to allow a reduction
in minimum setbacks; and Variance No. 2005-61(c) to allow a reduction in
landscaping for the property located at 2106-2230 North Tustin Avenue
1. Santa Ana Municipal Code Section 41-638 authorizes the Planning
Commission to grant a variance upon making certain findings. The
• Planning Commission determines that the findings necessary to
grant the Variances have not been established:
i. 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 is no special circumstance applicable to the
subject property. The subject site is approximately
3.17 acres in area, located on the southwest corner of
Tustin and Santa Clara Avenues. The property is flat,
slightly irregular in shape and is currently occupied by
three commercial buildings with a total floor area of
31,100 square feet. The site is surrounded by
commercial uses to the north, south and east and
multi-family residential to the west. The adjacent
commercial buildings are developed on sites with
similar lot size and configurations. As such, the
subject property is not being deprived of privileges
that are not otherwise at variance with the intent and
• purpose of the provisions of SAMC Chapter 41
because of strict application of the zoning ordinance.
Resolution No. 2005-78
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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 is not necessary for the
preservation and enjoyment of property right since the
property currently exists as a legal parcel with
nonconforming setback, landscaping and parking. A
legal non-conforming building and/or site could
continue to be used or occupied without the need to
comply with current code. The granting of the
setback, landscaping and parking variances will
prohibit this property to be brought into conformance
with the city development standards when future
development occurs.
iii. That the granting of a variance will not be materially
detrimental to the public welfare or injurious to surrounding
property.
Adequate setbacks and landscaping are utilized to
create visual continuity and a consistent streetscape
that contributes to the urban commercial character of
Tustin Avenue. Further, the City has only approved
• variances to allow parking reductions for large
commercial development with a shared parking
analysis to demonstrate two or more individual land
uses could share parking spaces without conflict or
encroachment. Further, Tustin Avenue is one of the
designated paths in the Urban Design Element of the
General Plan. Policy 3.3 of the Urban Design
Element encourages enhanced landscaping to be
provided to visually strengthen the path and enhance
adjacent development. Adequate setbacks and
landscaping are utilized to create visual continuity and
a consistent streetscape that contributes to the urban
commercial character of Tustin Avenue. The granting
of the parking, setbacks and landscaping variances will
be materially detrimental to the public welfare or
injurious to the surrounding property by allowing a
commercial development that is not in scale and
character with existing development in the area.
iv. That the granting of a variance will not adversely affect the
General Plan of the City.
The granting of the variance will adversely affect the
• General Plan of the City. Tustin Avenue is one of the
designated paths in the Urban Design Element of the
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General Plan. Policy 3.3 of the Urban Design
Element encourages enhanced landscaping to be
provided to visually strengthen the path and enhance
adjacent development. Adequate setbacks and
landscaping are utilized to create visual continuity and
a consistent streetscape that contributes to the urban
commercial character of Tustin Avenue. Policy 2.7 of
the Land Use Element of the General Plan promotes
the rehabilitation of commercial properties while Policy
2.9 of the Land Use Element supports new
developments which are harmonious in scale and
character with existing development in the area. The
granting of the variance will prohibit this property to be
brought into conformance with the city development
standards when future development occurs.
E. This project was reviewed in accordance with the Guidelines for the
California Environmental Quality Act. The recommendation is exempt
from further review pursuant to Section 15270. This exemption applies to
projects which a public agency disapproves. Statutory Exemption
Environmental Review No. 2004-178 will be filed for this project.
Section 2. The Planning Commission of the City of Santa Ana, after
conducting the public hearing, hereby denies for the property located at 2106-2230
i North Tustin Avenue:
Tentative Parcel Map No. 2005-08 (County Map No. 2004-178).
2. Variance No. 2005-61(a) to allow a reduction in parking spaces.
3. Variance No. 2005-61(b) to allow a reduction in minimum setbacks.
4. Variance No. 2005-61(c) to allow a reduction in landscaping.
These decisions are based upon the evidence submitted at the abovesaid hearing,
which includes, but is not limited to: the Request for Planning Commission Action dated
November 28, 2005 and exhibits attached thereto; and the public testimony written and
oral, all of which are incorporated herein by this reference
ADOPTED this 28th day of November, 2005 by the following vote:
AYES: Commissioners: Betancourt, Cribb, Gartner, Leo, Lutz, Rodriguez(6)
NOES: Commissioners: None (0)
ABSENT: Commissioners: De La Torre (1)
ABSTENTIONS: Commissioners: None (0)
Resolution No. 2005-78
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I~ I1
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Christoph r Leo
Vice-Chairman
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By: ,~ ~~
Kylee O. O
Assistant y Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
•
t
I, MARTHA RAMIREZ, Clerk of the Planning Commission, do hereby attest to and
certify the attached Resolution No. 2005-78 to be the original resolution adopted by
the Planning Commission of the City of Santa Ana on November 28, 2005.
Date: ~~~~~~
Clerk of the Planning ommi n
City of Santa Ana
Resolution No. 2005-78
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