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HomeMy WebLinkAbout2005-20RESOLUTION NO. 2005-20 KO x/23/05 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AMENDING VARIANCE NO. 2005-01 TO ALLOW A REDUCTION IN THE FRONT AND SIDE YARD SETBACKS FOR THE PROPERTY LOCATED AT 801 NORTH ROSS 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. On February 14, 2001, Planning Commission approved Variance No. 2005-01 for a reduction in the front and side yard setback requirements to facilitate the construction of a new office building at 801 North Ross Street. The project involved construction of a 2,660 square foot single- story office building with three-foot setbacks on Ross Street and Civic Center Drive. The Planning Commission determined that the building was compatible with the existing pattern of development along Civic Center • Drive and approved the variance B. The applicant now seeks an amendment of Variance No. 2005-01. The applicant has revised the building design to a two-story building totaling 4,166 square feet. The building will maintain the same setback on Civic Center Drive and will increase the landscape setback along Ross Street from the previously approved three-foot setback to nine feet C. On June 27, 2005 Planning Commission held a duly noticed public hearing on the amendment of Variance No. 2005-01 D. The Planning Commission determines that for the amendment to Variance No. 2005-01 the following findings, which must be established pursuant to Santa Ana Municipal Code Section 41-638 in order to grant a variance from the 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, 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. Resolution No. 2005-20 Page 1 of 4 The development project has special circumstances that warrant the granting of a variance. The proposed building has street setbacks of three feet and nine feet from the front and side property lines. A survey of the existing front yard setbacks of the adjacent structures along the north side of Civic Center Drive has determined that the most immediately adjacent buildings have zero setbacks. Additionally, due to the shape and size of the lot, the denial of the variance would deprive the property owner the privilege of constructing a quality office development. By being compatible with the existing pattern of development, the proposed yard reduction will not have a negative impact to the existing street pattern. 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The approval of this variance will allow the property owner to utilize the property to the best extent possible and allow him to construct a high quality office development. The establishment of this structure is consistent with the development pattern along the north side of Civic Center Drive. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of a variance will not be detrimental or injurious to the surrounding properties. The new structure will be aesthetically compatible with the surrounding properties within the Civic Center, which offers a variety of office, government service buildings and architecture styles. The proposed project accomplishes Goal 2.9 of the General Plan Land Use Element, supporting new development which is harmonious in scale and character with existing development in the area and Goals 2.1 and 2.2 of the Urban Design Element, encouraging creative architectural design and consistency with the existing pattern of development. ii. The encroachment into the front and side yard setbacks will not have a negative impact on the existing neighborhood character and will provide architectural design that will follow the existing pattern of development. Goal 2.7 of the Urban Design Element states projects must exhibit a functional, comfortable scale in relation to the neighborhood; the compatible setbacks of the structure with the existing Resolution No. 2005-20 Page 2 of 4 structures along the north side of Civic Center Drive will accomplish this goal. 4. That the granting of a variance will not adversely affect the General Plan of the City. The variance will not adversely affect the General Plan as it will be consistent with the goals and policies expressed in that document. Additionally, Office is a permitted use in the Professional zoning district. Goal 3.5 of the Urban Design Element Policy Plan is to encourage projects that are consistent with the architectural character of the neighborhood. The office building will be architecturally compatible with the existing pattern of development. The structure has been designed to provide architectural consideration and articulation and the encroachment of the structure into the front and side yard setback will not negatively impact the existing pattern of development along the north side of Civic Center Drive. E. In accordance with the California Environmental Quality Act, the proposed project is exempt from further review per section 15303 (c) as the office building does not exceed 10,000 square feet and section 15305 (a), which • exempts setback variances that do not create new parcels. Categorical Exemption Environmental Review No. 04-137 has been filed for this project. Section 2. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby amends Variance No. 2005-01 as conditioned in Exhibit A attached hereto and incorporated herein as though fully set forth. This decision is based upon the evidence submitted at the abovesaid hearing, which includes but not 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 June, 2005 by the following vote: AYES: Commissioners: Cribb, De La Torre, Leo, Lutz, Mondo, Nalle (6) NOES: Commissioners: None (0) ABSENT: Commissioners: Gartner, Nalle (2) ABSTENTIONS: Commissioners: None (0) Resolution No. 2005-20 Page 3 of 4 APPROVED AS Joseph W. Fletc her, City Attorney .._--- By: ~ Kylee O. O Assistant ity Attorney ~, Glen ondo Chairp son TO FORM: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Clerk of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2005-20 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on June 27, 2005. Date: ~ ~ J • Clerk of the Planning Comm ion City of Santa Ana Resolution No. 2005-20 Page 4 of 4 Conditions for Approval for Amended Variance No. 2005-01 Amended Variance No. 2005-01 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. Prior to issuance of building permits, Lot Line Adjustment No. 2004-03 must be approved and a new grant deed recorded. 2. Prior to issuance of building permits, elevation accents and surrounds including, but not limited to decorative stone and building light fixtures, shall be subject to review and approval by the Planning Manager. 3. Prior to issuance of building permits, a revised landscaping plan, shall be submitted for review and approval by the Planning Manager. 4. Signage will be subject to separate review and approval and must meet all the standards of sign code Sections 41-850 through 41-1000 of the Santa Ana Municipal Code. Exhibit "A"