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RESOLUTION NO. 2003-37
Koo-10/13/03
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF SANTA ANA APPROVING VARIANCE NO. 2003-05
TO ALLOW DRIVEWAYS WITHIN 150 FEET OF AN
INTERSECTION CORNER RADIUS FOR THE PROPERTY
LOCATED AT 3960 SOUTH MAIN 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. The Planning Commission held a duly noticed public hearing on October 13,
2003, on Variance No. 2003-05 to allow driveways within 150 feet of an
intersection corner radius for the property located at 3960 South Main Street.
B. Santa Ana Municipal Code Section 41-638 authorizes the Planning
• Commission to grant a variance upon making certain findings.
1. 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.
The project site is square in shape and is located on the
corner of two arterial streets. The frontage on each of the
streets is 150 feet. Therefore, due to the amount of linear
street frontage on each street, it is impossible to have a
driveway on the project site and still meet the 150-foot
distance requirement. The strict application of the zoning
ordinance would deprive the subject property of privileges
not otherwise at variance with the intent and purpose of the
provisions of this chapter.
2. That the granting of a variance is necessary for the preservation
and enjoyment of one or more substantial property rights.
The granting of a variance for driveways within 150 feet of
an intersection corner radius will preserve the property
• owner's ability to develop the property with parking, a
loading area and trash collection. These amenities are
Resolution No. 2003-37
Page 1 of 3
• required for the economic viability of the project, as well as
for compliance with the City's regulations.
3. That the granting of a variance will not be materially detrimental to
the public welfare or injurious to surrounding property.
The project will not be materially detrimental to the public
welfare or injurious to surrounding property as proposed. It
is anticipated that the project will enhance the economic
stability of the area by redeveloping a site that is currently
outdated with a new building that will provide service and
retail activity to serve the local area. In addition the
relocation of the driveways will provide an improved traffic
flow and ingress and egress to the site, once Main Street and
Sunflower Avenue reach their future potential width.
4. That the granting of the 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 multi-tenant
retail center has been designed in conformance with the City
zoning, development and General Plan requirements.
Section 2. The Planning Commission has reviewed and considered the
• information contained in the initial study and the mitigated negative declaration and
mitigation monitoring program 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 mitigated negative declaration
and mitigation monitoring program 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 mitigated negative declaration and mitigation monitoring program 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. 2003-05 as
• conditioned in Exhibit "A" attached hereto and incorporated herein.
Resolution No. 2003-37
Page 2 of 3
• th
ADOPTED this 13 day of October, 2003 by the following vote:
AYES: Commissioners: De La Torre, Leo, Lutz, Mondo, Nalle, Sinclair (6)
NOES: Commissioners: None (0)
ABSENT: Commissioners: Cribb (1)
ABSTENTIONS: Commissioners: None (0)
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Alexander Nalle
Chairperson
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
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ey: ~ ,~
Kylee O. tto
Deputy ity Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, ROSA BARELA, Planning Commission Secretary, do hereby attest to and certify the
attached Resolution No. 2003-37 to be the original resolution adopted by the Planning
Commission of the City of Santa Ana on ~7,~ , ~~~, ~.~ ~}Z' .~ .
Date: ''~ ~! J~`J ~ (' z
Planning Commission Secretary
City of Santa Ana
•
Resolution No. 2003-37
Page 3 of 3
• Conditions for Approval for Variance No. 2003-05
Variance No. 2003-05 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 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. All proposed site improvements must conform to the Site Plan Review
approval of DP No. 2002-65.
2. Any amendment to this variance must be submitted to the Planning
Division, Public Works Agency and Fire Department for review. At that
time, staff will determine if administrative relief is available or the variance
• must be amended.
•
EXHIBIT A