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HomeMy WebLinkAbout2004-14r~ U RESOLUTION NO. 2004-14 koo-05/28/04 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2004-02 AS CONDITIONED FOR A REDUCTION OF THE FRONT AND SIDE YARD SETBACKS AND MINOR EXCEPTION NO. 2004-03 AS CONDITIONED FOR A REDUCTION IN PARKING REQUIREMENTS FOR THE PROPERTY LOCATED AT 1901 N. 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. Variance No. 2004-02 and Minor Exception No. 2004-03 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on May 10, 2004. B. Variance No. 2004-02 has been filed with the City of Santa Ana seeking to allow the reduction of the front and side yard setbacks. 1. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a variance upon making certain findings. a. 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 minor exception with the intent and purpose of the provisions of this Chapter. • There are special circumstances applicable to the subject property. The building was constructed in the 1950s and was previous used by the Auto Club. The current setback along Tustin Avenue varies from 8 feet to 20 feet and from 5 feet to 11 feet along Lenita Lane. Due to age and roof configuration of the building, it is not feasible to remove a portion of the Resolution No. 2004-14 Page 1 of 5 building to meet the current setback and landscape • standards. b. 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 restaurant and retail space that is consistent with the Community Commercial (C1) zoning district. c. 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 proposed restaurant and retail space will not generate additional operational impacts to surrounding property. A Mitigated Negative Declaration was prepared and mitigation measures have been incorporated into the • project. d. 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 restaurant and retail space was designed in conformance with City Zoning, Development, and General Plan requirements. C. Minor Exception No. 2004-03 has been filed with the City of Santa Ana seeking to allow a reduction in the parking requirement. 1. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a minor exception upon making certain findings. a. 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 minor exception with the intent and purpose of the provisions of this Chapter. Resolution No. 2004-14 Page 2 of 5 There are special circumstances applicable to the • subject property. The subject site is located on the southeast corner of Tustin Avenue and Lenita Street, which is a contained site surrounded by existing commercial developments. The number of parking spaces provided will be sufficient since the site will be used by pedestrians from the adjacent retail, office and residential buildings. b. That the granting of a minor exception is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of the minor exception is necessary to develop the property with awell-designed restaurant and retail building that is consistent with the Community Commercial (C1) zoning district. c. That the granting of a minor exception 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 proposed restaurant and retail space will not generate additional operational impacts to surrounding property. A Mitigated Negative Declaration was prepared and mitigation measures have been incorporated into the project approval. d. That the granting of a minor exception will not adversely affect the General Plan of the City. The granting of the minor exception will not adversely affect the General Plan of the City since the proposed coffee house building is designed in conformance with the Community Commercial (C1) zoning district development standards 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 for Environmental Review No. 99-152 prepared with respect to this Project. It is 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 Resolution No. 2004-14 Page 3 of 5 environmental impacts of this Project. On the basis of this review, the Planning • Commssion 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 after conducting the public hearing hereby approves Variance No. 2004-02 as conditioned in Exhibit "A" attached hereto and incorporated herein and Minor Exception No. 2004-03 as conditioned in Exhibit "B" attached hereto and incorporated herein. This decision is based upon the evidence submitted at the abovesaid hearing, which includes but not is not limited to: the Request for Planning Commission Action dated May 10, 2004 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. • ADOPTED this 10th day of May, 2004 by the following vote: AYES: Commissioners: Cribb, De La Torre, Leo, Lutz, Mondo, Nalle, Sinclair (7) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: None (0) ~ U~ Glen Mondo Chairp rson APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: ~. ' Kylee O. tto • Deputy it Attorney Resolution No. 2004-14 Page 4 of 5 u • CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2004-14 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on May 10, 2004. Date: ~ ~ ~ Planning Commission Secreta City of Santa Ana Resolution No. 2004-14 Page 5 of 5 Conditions for Approval for Minor Exception No 2004-03 • Minor Exception No. 2004-03 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 rior to exercising the rights conferred by this minor exception. The applicant must remain in compliance with all conditions listed below throughout the life of the minor exception. Failure to comply with each and every condition may result in the revocation of the minor exception. A. Planning Division 1. The project shall remain in compliance with Site Plan Review DP No. 99- 79. 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 variance must be amended. • 3. The required trees shall be upgraded to 36-inch boxed size and shrubs shall be upgraded to 5-gallon size throughout the project. 4. The equipment and its screening needs to be redesigned to integrate within the existing rooflines or be incorporated at grade subject to the review and approval of the Planning Manager. 5. The proposed legerstone on the west and south building elevations must be upgraded to a natural stone and repeated on the north elevation subject to the approval of the Planning Manager. 6. A window installation detail is required to be submitted to the Planning Division for review prior to issuance of building permit. 7. Vine pockets are required to be added along the south property line abutting Armstrong Garden Center. 8. All walls where window openings are closed are required to be re- stucco'd. The exterior stucco is required to be a smooth, hand-troweled like finish. • Exhibit "B" Page 1 of 2 9. Public payphones, if provided, may only be located within buildings or the • interior of the site. 10. 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. Mitigation Measures 11. Prior to issuance of demolition permits, an asbestos and lead paint survey shall be prepared and submitted to the Planning Department for review. 12. All testing, handling and removal of asbestos containing building materials and lead paint shall be performed by a certified California State Licensed contractor that has been certified under the California Occupational Safety and Health Administration. 13. Building plans for the proposed project shall identify that Best Management Practices shall be employed during construction operations. 14. Building plans shall reflect that the kitchen for the proposed project is fitted with a grease interceptor to the size and capacity as designated by the Building and Safety Division. • B. Police Department The existing 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 projects lighting, door/window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. • Exhibit "B" Page 2 of 2