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HomeMy WebLinkAbout1997-23 RESOLUTION NO. 97-23 GASH IO/24/9) A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 97-13 TO ALLOW A VARIANCE FROM THE ZONING CODE FOR A DRIVEWAY AT 817 EAST FIRST STREET TO BE LOCATED WITHIN 150 FEET OF AN INTERSECTION WHEREAS, this Commission held a public hearing on October 27, 1997, on Variance Application No. 97-13, to allow a variance from zoning code standards for a driveway to be located within 150 feet of an intersection in an Arterial Commercial (C5) zone for a business located at 817 East First Street; NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: 1. Variance No. 97-13 is hereby granted for the driveway at 817 East First Street with respect to the following items. a. Relief from Santa Ana Municipal Code Section 41-428 to allow a driveway within 150 feet of any street intersection corner radius. 2. With respect to the variance item approved in section 1 of this Resolution, and based upon the evidence submitted at the abovesaid hearing, this Commission finds and determines as follows: A. 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 shallow depth and linear nature of the site necessitates two driveways on First Street in order to resolve on-site circulation and design conflicts as well as minimize on-site and street traffic conflicts. This condition exists with any type of development of this property. B. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights; The variance resolves circulation conflicts that exist on this site regardless of the development proposal and ensures a development compatible to others in the area. C~' 1 C. That granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property; The granting of the variance improves on-site circulation while not impacting off-site traffic. The proposed uses are compatible to the surrounding activities and this overall design meets the intent of the development standards of the community. D. That the granting of a variance will not adversely affect the general plan of the city. That the granting of the driveway variance will not adversely affect the City's General Business District General Plan designation. The proposed development is in keeping with the City's Commercial zoning of the property as well as in the General Business District General Plan land use designation. 3. Variance No. 97-13 is hereby approved, subject to the conditions set forth in Attachment A, attached hereto and incorporated herein. ADOPTED this 2~ following vote: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: day of October 1997, by the Commissioners Oliver, Doughty, Manna, MacDowell, and, Solorio Commissioners None Commissioners Nalle and Verino Commissioners None Kenneth Adams Planning Manager Planning and Building Agency ~ ~',~l F lexa3~der Nalle hairman 2 APPROVED AS TO FORM: ~' SOLUTION NO. 97-23 .age 1 of 2 Variance No. 97-13 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 Uniform Building Code, and all other applicable regulations. A. General Conditions 1. The applicant must comply in full with each and every condition listed below grior to exercising the rights conferred by this conditional use permit. 2. 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. B. Planninq Division 1. Security/limited access gates at driveways are to be a minimum 40 feet setback from the street (curbline) for stacking purposes. 2. The project is to be developed consistent with site plan review, DP No. 97-11. 3. After project occupancy, landscaping is to be maintained to include the minimum levels of plan materials installed at the time of occupancy. 4. Obtain ownership of the City owned parcel prior to plan check. 5. A Lot Line Adjustment in order to consolidate all of the parcels shall be applied for and tentative approved prior to plan check. 6. Each trash enclosure shall have a minimum six inch concrete slab in front of the enclosure that is at least the same dimensions as the trash enclosure. 7. The hours of business operations are limited to 7:00 a.m. to 8:00 p.m. daily (Modified by the Planning Commission October 27, 1997) . C. Police Department 1. The front block wall is not to exceed 32 inches in height. •~ Public Works Agency Prior to issuance of a building permit, complete the following: 1. Provide record of ownership of Accessors Parcel No. 398-492-14. ATTACHMENT A SOLUTION NO. 97-23 .age 2 of 2 2. Dedicate a 25 foot by 25 foot corner cut-off at the corner of First Street and Lacy Street. Prior to release of utilities, complete the following: 3. Improve First Street per approved improvement plan. a) Remove existing drive approach and construct new full width sidewalk, curb, and gutter per City Standard and 2 foot strip of asphalt concrete paving. b) Construct westerly drive approach to be per City Standard #1112, Case 2 (W-28', A=28', X=3') and 2 foot strip of asphalt concrete paving. c) Construct easterly drive approach to be per City Standard #1112, Case 2 (W=28', A=38', X=3') and 2' strip of asphalt concrete paving. d) Construct a new wheelchair ramp at the corner of First and Lacy Streets per City e) Relocate existing MCI vault to be 10 feet minimum from easterly drive approach's top of 'X' per utility company and City approval. f) Relocate two existing street lights to be 10 feet minimum from drive approach's top of 'X" per approved street improvement plan. 4. Improve Lacy Street per approved improvement plan. a) close the existing drive approach with full width sidewalk (approximately 15') per City Standards #1104, and full height curb, and gutter per City Standard #1101 and 2 foot strip of asphalt concrete pavement per approved improvement plan. b) Remove existing sidewalk and construct full width sidewalk per City Standard 31104, full height curb, and gutter per City Standard #1101 (approximately 34' x 10'), and 2 foot strip of asphalt concrete pavement per approved improvement plan. •