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RESOLUTION N0.2003-41
Koo-10/27/03
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF SANTA ANA FOR A REDUCTION
IN THE REQUIRED REAR YARD SETBACK FOR
THE PROPERTY LOCATED AT 1101 WEST SANTA
ANA BOULEVARD
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. The Planning Commission held a duly noticed public hearing on October 27,
2003, on Variance No. 2003-04, for a reduction in the required rear yard set
back for the property located at 1101 West Santa Ana Boulevard.
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B. 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,
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.
Due to the size of the lot and the surrounding property uses,
the denial of the variance would deprive the property owner
the privilege of constructing a quality office development.
Additionally, by requiring the required rear yard setback would
create a dead end situation for the on-site parking spaces.
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 would allow the property owner
the opportunity to develop on a project site that otherwise
would not allow a quality office development. Not allowing the
variance would force the applicant to construct a smaller and
less business friendly office building.
• 3. That the granting of a variance will not be materially detrimental to the
public welfare or injurious to surrounding property.
Resolution No. 2003-41
Page 1 of 3
The proposed office building wilt have no detrimental impacts
to the surrounding neighborhood. The size, scale, and design
of the proposed office building contribute to a quality
development project. The one story modem styled building
creates a balance between the existing commercial,
government facilities, and existing residential development.
Policy 2.2 of the Urban Design Element encourages
development that is consistent with the scale, bulk, and pattern
of existing development.
4. That the granting of a variance will not adversely affect the General
Plan of the City.
The granting of the variance wilt not adversely affect the City's
General Plan in any way as the land use designation of
Professional (P) allows office development. Additionally, the
proposed office building is consistent with the development
goals of the general plan. Policy 2.9 of the Land Use Element
encourages developments that are harmonious in scale and
character with the existing neighborhood development.
Section 2. The Planning Commission has reviewed and considered the
information contained in the initial study and the negative declaration prepared with
• respect to this Project. As a result of this consideration and the evidence presented at the
hearing on this matter, the Planning Commission has determined that, as required
pursuant to the California Environmental Quality Act ("CEQA") and the State CEQA
Guidelines, a negative declaration adequately addresses the expected environmental
impacts of this Project. On the basis of this review, the Planning Commission finds that
there is no evidence from which it can be fairly argued that the Project will have a
significant adverse effect on the environment. The Planning Commission hereby certifies
and approves the negative declaration and directs that the Notice of Determination be
prepared and filed with the County Clerk of the County of Orange in the manner required
by law.
Pursuant to Title XIV, California Code of Regulations ("CCR") § 735.5(c)(1), the
Planning Commission has determined that, after considering the record as a whole, there
is no evidence that the proposed project will have the potential for any adverse effect on
wildlife resources or the ecological habitat upon which wildlife resources depend. The
proposed project exists in an urban environment characterized by paved concrete,
roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and
Game Code § 711.2 and Title XIV, CCR § 735.5(a)(3), the payment of Fish and Game
Department filing fees is not required in conjunction with this project.
Section 3. The Planning Commission hereby approves Variance No. 2003-04 as
conditioned in Exhibit "A" attached hereto and incorporated herein.
•
Resolution No. 2003-41
Page 2 of 3
ADOPTED this 27"' day of October, 2003 by the following vote:
AYES: Commissioners: Cribb, De La Torre, Leo, Lutz, Mondo (5)
NOES: Commissioners
ABSENT: Commissioners:
ABSTENTIONS: Commissioners:
Sinclair (1)
Nalle (1)
None (0)
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Ale nder Nalle
'~ Chairperson
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
• By:
Kylee O. Otto
Deputy City A orney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, ROSA BARELA, Clerk of the Planning Commission, do hereby attest to and certify the
attached Resolution No. 2003-41 to be the original resolution adopted by the Planning
Commission of the City of Santa Ana on October 27, 2003.
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Date: % ~ l ~ ~~ ~ ~ ~~~.-~~~~ ~ `,~v'`~,f' ~
Clerk of the Planning Commission
City of Santa Ana
Resolution No. 2003-41
Page 3 of 3
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Conditions of Approval for Variance No. 2003-04
The Planning Commission approves Variance No. 2003-04 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 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
Comply with all conditions and requirements as stated in DP No. 02-54 and
the exhibits of this variance.
2. 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 conditional use permit must be amended.
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3. A six-foot high solid block wall shall be provided and maintained on the rear
property line.
B. Police Department
There shall be no public telephones located on the exterior of the premises.
(Modified by the Planning Commission on October 27, 2003.)
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EXHIBIT "A"