Loading...
HomeMy WebLinkAbout2002-13• kdo:06/07/02 RESOLUTION NO.2002-13 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING AND ADOPTING THE MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM FOR ENVIRONMENTAL REVIEW NO. 01-143 AND APPROVING VARIANCE NO. 2002-05 AS CONDITIONED FOR THE PROPERTY LOCATED AT 301 EAST COLUMBINE 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. The Mitigated Negative Declaration and the Mitigation Monitoring Program for Environmental Review No. 01-143 and Variance No. 2002-05 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on May 28, 2002. B. The Planning Commission continued the public hearing for two (2) weeks to allow the landscape plan to be enhanced. The continued public hearing was conducted on June 10, 2002. C. Applicant is adding a new use to a legal non-conforming site. The addition of the new use to the site requires that the existing property be brought into complete conformance with current zoning standards. Applicant is seeking a variance from the City's landscape standards for the existing site conditions. D. 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 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 CNG gas station use that is being added to the site will • conform to the City's landscape and service station standards and will comply with the provisions of the City zoning code. Resolution No. 2002-13 Page 1 of 3 • The variance required is for existing site conditions. The strict application of the zoning code would not allow the gas station use on this site without requiring that an existing eight-foot wall that is covered in landscaping be demolished and moved five feet into the site on Maple Street and moved 15-feet into the site along Columbine Avenue. The relocation of the wall would be a hardship on the applicant. A variance from this requirement will allow the property to be utilized in a manner that is consistent with surrounding industrial uses in the area. 2. 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 will preserve the property owners ability to develop the property with a use that will benefit the community by providing an alternative fuel source to the public and a project that is consistent with the City's service station standards. 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. Additional trees are being added to the site and chainlink fencing is being removed and replaced with a wrought iron material which will enhance the projects appearance from the street. 4. That the granting of a variance will not adversely affect the General Plan of the City. The granting of a variance will not adversely affect the General Plan of the City since the proposed CNG gas station is designed in conformance with City zoning, development and General Plan requirements. The variance for setback and landscape buffer reduction is necessary in order to allow this property to be utilized in a manner that is consistent with similar surrounding industrial use. Section 2. The Planning Commission has reviewed and considered the information contained in the initial study and the mitigated negative declaration prepared with respect to this Project. The Planning Commission has, as a result of its consideration and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act ("CEQA") and the State CEQA • Guidelines, a Mitigated Negative Declaration and the 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 Resolution No. 2002-13 Page 2 of 4 • fairly argued that the Project will have a significant adverse effect on the environment that cannot be mitigated. The Planning Commission hereby certifies and approves the Mitigated Negative Declaration and Mitigated Monitoring Program and directs that the Notice of Determination be prepared and filed with the Count 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 characterized by paved concrete, roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and 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. After conducting the public hearing, the Planning Commission hereby approves and adopts the Mitigated Negative Declaration and Mitigation Monitoring Program for Environmental Review No. 01-143. Section 4. The Planning Commission after conducting the public hearing hereby approves Variance No. 2002-05 as conditioned in Exhibit "A" attached hereto and incorporated herein. This decision is based upon the evidence submitted at the above • said hearing, which includes but not is not limited to: the Staff report and exhibits attached thereto; and the public testimony; all of which are incorporated herein by this reference. ADOPTED this 10th day of June, 2002 by the following vote: AYES: Commissioners: NOES: Commissioners Cribb, Doughty, Verino (7) None (0) Leo, Mondo, Nalle, Richardson, ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: None (0) APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee ette • Depu City Attorney C Alexa der Nalle Chairperson Resolution No. 2002-13 Page 3 of 3 • CJ • I, LAURA JOHNSON, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2002-13 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on 2_--- . CERTIFICATE OF ATTESTATION AND ORIGINALITY Date: an ng Com ' s' Secretary City of Santa Resolution No. 2002-13 Page 4 of 4 . Conditions for Approval for Variance No. 2002-05 Variance No. 2002-05 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, including all landscaping, must conform to the site plan review approval of DP No. 01-61 dated December 20, 2001 and the approved landscape. 2. Ten new Canary Island Pine trees shall be planted along Columbine Avenue and two new Sycamore trees shall be planted along Maple Street in • conformance with the approved landscape plan. 3. Chain link fencing shall be removed at the wall openings and replaced with decorative wrought iron inserts. B. Mitigation Measures 2. Building, grading, and demolition plans for the proposed project shall reflect the following notes: a. All material excavated or graded will be sufficiently watered to prevent excessive amounts of dust. Watering with complete coverage shall occur at least twice daily, once in the morning and once after work is done for the day. b. All clearing and earthwork activities shall cease during periods of high winds (winds greater than 25 mph averaged over one hour) or during Stage 1 or 2 smog episodes. c. All material transported offsite shall either be sufficiently watered or securely covered to prevent excessive amounts of dust. • Exhibit "A" d. The amount of area disturbed by clearing and earthwork activities shall be minimized at all times. e. To the extent feasible, equipment engines shall be maintained in good condition and in proper tune according to manufacturer's specifications. f. To the extent feasible, gasoline powered equipment shall be used for onsite and offsite construction activities. 3. Prior to issuance of a 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. • • EXHIBIT "Q"