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HomeMy WebLinkAbout2009-09 Revisedbk:7/22/09 • - RESOLUTION NO. 2009 09 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2006-20 AS CONDITIONED TO ALLOW A PARKING LOT AND VARIANCE NOS. 2006-13A AND 2006-13B AS CONDITIONED TO ALLOW A REDUCTION IN LANDSCAPING FOR THE PROPERTY LOCATED AT 202 EAST SEVENTEENTH 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. Applicant is requesting approval of a conditional use permit to operate a surface parking lot and two variances to reduce the required landscaping for the property located at 202 East Seventeenth Street. B. Conditional Use Permit No. 2006-20, and Variance Nos. 2006-13a and • 2006-13b ("the matter") came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on May 11, 2009. On that date consideration of the matter was continued to June 8, and again on June 8 to June 22. No meeting was held on June 22, so the matter was duly renoticed for a public hearing on July 27, 2009, and at that time continued by vote of the Commission to September 14, 2009. C. Conditional Use Permit No. 2006-20 has been filed with the City of Santa Ana seeking to allow a parking lot within the Midtown Specific Plan (SP-3) zoning district. The proposed parking is intended to provide additional guest parking spaces for the building located one block west of the site at 1666 North Main Street (Santa Ana Business Bank building), which was formerly owned by Caribou Industries, and is now owned by 5 Goodyear LLC. 2. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a conditional use permit upon making certain findings. Resolution No. 2009-09 Page 1 of 9 • Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? The proposed parking lot will contribute to the general well being of the community by providing an area for visitors using the 1666 North Main Street building to park and will reduce the potential for visitors parking within the surrounding neighborhoods. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? • The proposed parking lot will provide an amenity to individuals working in the area as well as persons visiting the 1666 North Main Street building. The parking lot has been designed to comply with the City's Design and Development Standards that pertain to parking lot design and circulation. Further, improvements such as enhanced parking lot lighting will improve the safety and welfare of persons in the vicinity. iii. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The parking lot will not affect the economic stability of the area as the site is currently vacant. Further, the site is an interim use that has the potential to be a development site in the future. iv. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? With the exception of landscaped setbacks and parking lot landscaping, the project has been designed to comply with the City's design and development standards for parking lots and will be iri compliance with the regulations established in Midtown Specific Plan (SP-3) as well as Chapter 41 of the Santa Ana Municipal Code. • v. Will the proposed use adversely affect the General Plan or any specific plan of the City? Resolution No. 2009-09 Page 2 of 9 The proposed parking lot is in an area designated Professional and Administrative Office (PAO) in the General Plan. The use is consistent with the General Plan and the SP-3 zoning district which permits parking lots with a conditional use permit. D. Variance No. 2006-13 has been filed seeking a reduction in landscaped setbacks along both Seventeenth and Bush Streets, and for a reduction in required parking lot landscaping. 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, 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 are unique circumstances applicable to the subject site that necessitates a variance for a reduction in landscaped setbacks and parking • lot landscaping. The site is located on two arterial streets and is a vacant parcel of land. Due to the property's location on two arterial streets, a reduction in landscaping is typical of development within an urban setting and is appropriate for the project. 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 for a reduction in landscaping is necessary to preserve the property owner's ability to develop the property with a parking lot that will benefit the community. The parking lot, which will serve as additional parking for the 1666 North Main Street building, will assist in minimizing overflow parking into surrounding neighborhoods. iii. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. • Resolution No. 2009-09 Page 3 of 9 The project will not be materially detrimental to the • public welfare or injurious to surrounding property as the site is designed to comply with all aspects of the applicable zoning code except for landscape setbacks and parking lot landscaping. iv. 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 parking lot has been designed to be in substantial conformance with City zoning, development and General Plan requirements. Further, this project is consistent with Goal 3 of the Land Use Element, which is intended to preserve and improve the character and integrity of neighborhoods. , E. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review pursuant to Section 15311. This Class 11 exemption allows the construction of minor accessory structures such as parking lots on commercial property. Categorical Exemption No. 2006-171 will be filed for this project. • Section 2. The Planning Commission after conducting the public hearing hereby approves for the property located at 202 East Seventeenth Street c*~: 1. Conditional Use Permit No. 2006-20, as conditioned in Exhibit "A" attached hereto and incorporated herein, to permit the subject property to operate a surface parking lot. 2. Variance No. 2006-13, as conditioned in Exhibit "B" attached hereto and incorporated herein, to maintain the existing five-foot setback on both Seventeenth and Bush Streets and to eet incorporate new landscaping within the parking lot. These decisions are based upon the evidence submitted at the above said hearing, which includes but is not limited to: the Request for Planning Commission Action dated July 27, 2009 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Resolution No. 2009-09 Page 4 of 9 ADOPTED this 14th day of September, 2009 by the following vote: AYES: Commissioners: Alderete, Turner, Yrarrazaval (3) NOES: Commissioners: Gartner (1) ABSENT: Commissioners ABSTENTIONS: Commissioners APPROVED AS TO FORM: Josep FI tcher, City Attorney ~. • By. Ryan O od Assista City ttorney Chai CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2009-09 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on September 14, 2009. `~ Date: /,~- /~`". Z~/`~e' ~` Planni g Commission Se ry City of Santa Ana The Resolution was voted on by the Commissioners of the Planning Commission at the time of the adoption of the Resolution on September 14, 2009, as reflected herein. However, the Resolution is signed by Eric Alderete, the Chairman of the Planning Commission on the date of execution of the • Resolution. Resolution No. 2009-09 Page 5 of 9 Leo (1) Betancourt (1) Conditions for Approval for Conditional Use Permit No. 2006-20 • Conditional Use Permit No. 2006-20 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 California Building Standards 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 conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Planning Division 1. The project shall remain in compliance with Site Plan Review DP No. 05-60. 2. Any amendment to this conditional use permit 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. • 3. The parking lot shall be repaired and repaved prior to issuance of a certificate of occupancy for the parking lot. 4. The parking lot shall be double-striped to comply with the City's parking lot standards prior to issuance of a certificate of occupancy for the parking lot. 5. A detailed landscaped plan shall be submitted to the Planning Division for review and approval prior to issuance of building permits for the parking lot. In addition to complying with minimum code requirements, the plan shall also include the following: a. Landscaping shall be installed at the northwest corner of the parking lot; b. Three trees shall be planted in the interior of the parking lot; c. All damaged concrete curbing around the landscaping shall be replaced; d. The liquidambar tree in the Bush Street setback shall be removed; e. The Yucca Trees at the southwest corner of the site shall be removed and replaced with landscaping, including one 24-inch Australian Willow Tree; f. Existing on-site landscaping shall be cleaned-up. EXHIBIT A • Resolution No. 2009-09 Page 6 of 9 • 6. All trees planted within the landscaped setbacks and the parking lot shall be a minimum 24 ~6-inch box size trees. 7. All hedges to be installed on the premises shall be a minimum 15-gallon size. B. Police Department 1. All hedges to be provided within the landscaped setbacks along Seventeenth and Bush Streets shall be a maximum height of three feet. • • Resolution No. 2009-09 Page 7 of 9 • Conditions for Approval for Variance No. 2006-13 Variance No. 2006-13 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 California Building Standards 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. The project shall remain in compliance with Site Plan Review DP No. 05- 60. 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 parking lot shall be repaired and repaved prior to issuance of a certificate of occupancy for the parking lot. 4. The parking lot shall be double-striped to comply with the City's parking lot standards prior to issuance of a certificate of occupancy for the parking lot. 5. A detailed landscaped plan shall be submitted to the Planning Division for review and approval prior to issuance of building permits for the parking lot. . In addition to complying with minimum code requirements, the plan shall also include the following: a. Landscaping shall be installed at the northwest corner of the parking lot; b. Three trees shall be planted in the parking lot as directed by staff; c. All damaged concrete curbing around the landscaping shall be replaced; d. The liquidambar tree in the Bush Street setback shall be removed; e. The Yucca Trees at the southwest corner of the site shall be removed and replaced with landscaping, including one 24-inch Australian Willow Tree; f. Existing on-site landscaping shall be cleaned-up. EXHIBIT B • Resolution No. 2009-09 Page 8 of 9 6. All trees planted within the landscaped setbacks and the parking lot shall be a minimum 24 ~6-inch box size trees. 7. All hedges to be installed on the premises shall be a minimum 15-gallon size. B. Police Department 1. All hedges to be provided within the landscaped setbacks along Seventeenth and Bush Streets shall be a maximum height of three feet. • • Resolution No. 2009-09 Page 9 of 9