Loading...
HomeMy WebLinkAbout2002-27 RESOLUTION NO.2002-27 Kdo/ 9/17/02 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2002-08 AS CONDITIONED FOR THE PROPERTY LOCATED AT 1729 EAST DYER 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. Variance No. 2002-08 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on September 23, 2002. B. Applicant is requesting a variance from the Santa Ana Municipal Code Section 41-428, which requires that driveways be a minimum distance of • 150 feet from an intersection comer radius for the property located at 1729 East Dyer Street. C. The Planning Commission determines that the following findings, which must be established in order to grant a variance from the provisions of the Santa Ana Municipal Code, have been established: 1. 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. The project has a total of 150 feet of street frontage on Dyer Road. Due to the amount of linear street frontage that the project has on Dyer Road it is impossible to have a driveway on the project site and still meet this 150-foot distance requirement. Therefore, due to the size of the project, 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. Resolution No. 2002-27 Page 1 of 3 • The granting of the variance for a driveway within 150 feet of an intersection corner radius will preserve the property owners ability to develop the property with a use that will benefit the community by providing gasoline and food service to commuters, individuals who work in the area and motorists utilizing the SR-55 freeway corridor. The site is adjacent to the Red Roof Inn, so users of the motel facility will also have a convenient place to fuel their vehicles and obtain food, snacks and sundry items. 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 converting a site with a vacant restaurant building into a vital, active commercial development and therefore it is not anticipated that the granting of the variance will be materially detrimental to the public welfare or injurious to surrounding property. 4. That the granting of a variance will not adversely affect the General Plan of the City. The granting of the a variance will not adversely affect the General Plan of the City since the proposed service station and mini-market have been designed in conformance with City zoning, development and General Plan requirements. D. A mitigated negative declaration and mitigation monitoring program was approved and adopted by the Planning Commission at a public hearing held on Conditional Use Permit No. 2002-12. Section 2. The Planning Commission of the City of Santa Ana hereby, approves Variance No. 2002-08 as conditioned in Exhibit "A" attached hereto and incorporated herein. • Resolution No. 2002-27 Page 2 of 3 • ADOPTED this ~,~/day of September, 2002 by the following vote: AYES: Commissioners NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: Cribb, Doughty, Leo, Mondo, Nalle, Verino (6) None (0) None (0) Richardson (1) r . ~ ~ Alexander Nalle r Chairperson APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney B ~~'~_ Kylee Odette Deputy~City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, LAURA JOHNSON, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2002-27 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on September 23, 2002. Date: ~C~~oZ~~ca z I Wing Co sion Secretary City of Sant na • Resolution No. 2002-27 Page 3 of 3 • Conditions for Approval for Variance No. 2002-08 Variance 02-08 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. The project shall remain in compliance with Site Plan Review DP No. 01-84. B. Mitigation Measures 2. All materials excavated or graded will be sufficiently watered to • prevent excessive amount of dust. Watering with complete coverage shall occur at least twice daily, once in the late morning and once after work is done for the day. 3. All clearing and earthwork activities shall cease during period of high winds (winds greater than 25 mph averaged over one hour) or during Stage 1 or Stage 2 smog episodes. 4. Streets surrounding the project site should be cleaned at the end of each day of construction. 5. All materials transported offsite shall either be sufficiently watered or securely covered to prevent excessive amounts of dust. 6. The amount of area disturbed by clearing and earthwork activities shall be minimized at all times. 7. To the extent feasible, equipment engines shall be maintained in good condition and in proper tune according to manufacturer's specifications. 8. To the extent feasible, gasoline powered equipment shall be used for onsite and offsite construction activities. • EXHIBIT "A" 9. Prior to issuance of building permit, the applicant shall submit for review and approval a surface drainage/grading/erosion control plan .prepared by a registered Civil Engineer, showing the direction and means of flow to the adjacent street. The plan is to include existing and proposed elevations at and adjacent to all property lines. Drainage routed to the street must. be directed beneath the sidewalk and through the curb. 10. Prior to issuance of a grading permit, the applicant shall prepare an NPDES post-construction storm water management plan per Orange County Drainage Area Management Plan (DAMP) that includes all structural and non-structural Best Management Practices. 11. Submit and have approved a surface drainage/utility plan that includes all Structural Best Management Practices. 12. Provide two copies of the Water Quality Management plan that includes a description of all applicable Structural and Non-Structural Best Management Practices, which may apply to this project. 13. The fuel dispensing area for this project shall be paved with concrete and shall extend six and one half feet from the corner of each fuel dispenser in any direction. • 14. The fuel dispensing area shall be provided with a canopy structure extending over the concrete paved fuel dispensing area. 15. The Fuel dispensing area shall be graded and constructed so as to drain to an underground clarifier, sump or tank with ashut-off valve to prevent discharge of spilled chemicals and contaminants into storm drain system. 16. The trash enclosure area shall be either fully roofed or to drain into a water quality inlet to prevent discharge of petroleum compounds and grease into the storm drain system. • Exhibit "A"