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HomeMy WebLinkAbout110509_2011-08_1221NBristol• RESOLUTION NO. 2011-08 ROH - 05/09/11 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2011-07 AS CONDITIONED TO ALLOW A REDUCTION IN LANDSCAPED SETBACKS AND LOT SIZE FOR THE PROPERTY LOCATED AT 1221 NORTH BRISTOL 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 Variance No. 2011-07 to allow a reduction in landscaped setbacks and lot size for a Taqueria De Anda Restaurant at 1221 North Bristol Street. • B. Variance No. 2011-07 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on May 9, 2011. C. Variance No. 2011-07 has been filed with the City of Santa Ana seeking to reduce the required landscaped setbacks along the street frontage in the C1 district and to reduce the required lot size for retail use in the C1 district. Section 41-372 of the Santa Ana Municipal Code requires a landscaped area not less than fifteen (15) feet along any property line abutting a street, except for paved driveways, in the C1 district. In addition, Section 41-373 of the Santa Ana Municipal Code requires at least fifteen thousand (15,000) square feet, and one hundred and twenty (120) feet of street frontage, for retail use in the C1 district. D. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a variance upon making certain findings. 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 provisions of this Chapter. • Resolution No. 2011-08 Page 1 of 6 • The project site has a special circumstance related to its size, shape and location. The building was constructed in the 1965 and was previously used as a Kentucky Fried Chicken restaurant. Subsequent to its construction, the development standards for commercial developments were modified, making it non-compliant with today's development standards. The site is now constrained on all four sides, making it infeasible to increase the size of the lot. Further, the strifting of the building on the site further to the south to comply with the setback standard would affect the driveway on Bristol Street, which would affect the on-site circulation pattern of the property. 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 is necessary for the preservation and enjoyment of substantial property rights. Compliance with the lot size standard would be infeasible as it would require the applicant to acquire a residentially zoned property to the east that is within an established neighborhood or a property used by a public utility company south of the site. Meeting the setback standard would • require the demolition of approximately 500 square feet of building area, which is a reduction of 44 percent of usable area. This reduction would significantly reduce the feasibility of the proposed use of the building, which impacts the property rights of the owners. The granting of the variance is necessary to preserve the property owner's rights and the variance will allow the owner to rehabilitate and improve the site for a new restaurant use that is consistent with the general plan designation. 3. 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 as significant interior and exterior upgrades will be made to a vacant building that will bring the site into compliance with all applicable codes. Improvements such as a new building fagade, a new parking lot, new landscaping and a new trash enclosure will enhance this property as well as the surrounding properties. Further, the proposed restaurant use will not generate operational impacts to surrounding • Resolution No. 2011-08 Page 2 of 6 . properties. Finally, the building will comply with the provision of the California Building Standards Code. 4. That the granting of a variance will not adversely affect the General Plan of the City. The project will not adversely affect the General Plan even though the proposed restaurant use is not consistent with the Open Space land use designation. The proposed restaurant is a neighborhood service use that is encouraged in several land use designations of the General Plan. This project will result in the improvement of a vacant site that will remove several undesirable elements from the property, which include the elimination of the drive through window service, the removal of noncompliant signage and the installation of lighting that does not impact the adjacent neighborhood. Further, the site will be a sit down eating establishment that will provide an additional restaurant to the adjacent neighborhoods as well as Santa Ana College students, faculty and administration. E. In accordance with the California Environmental Quality Act, the proposed project is exempt from further review pursuant to Section 15061(b)(3), • which is a general rule exemption applying to projects that have no possibility of having a significant effect on the environment. Categorical Exemption Environmental Review No. 2009-93 will be filed for this project. Section 2. The Planning Commission, after conducting the public hearing, hereby approves Variance No. 2011-07, as conditioned in Exhibit "A" attached hereto and incorporated herein, to allow a reduction in the required landscaped setbacks and lot size for the property located at 1221 North Bristol Street. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated May 9, 2011, and exhibits attached thereto, and the public testimony, all of which are incorporated herein by this reference. • Resolution No. 2011-08 Page 3 of 6 • ADOPTED this 9th day o AYES: Commissioners NOES: Commissioners ABSENT: Commissioners ABSTENTIONS: Commissioners APPROVF~D AS TO FORM: Josephgttaka,~City Attorney • Ryan odg _. w ___.. f May, 2011 by the following vote: Acosta, Alderete, Gartner, Mill, Nalle, Turner (6) None (0) None (0) Yrarrazaval (1) ~~~~~~ ~r CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2011-08 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on Mav 9, 2011. Date: ~S ~ u/(~t-o l'~i~G~v`cf Plan ing Commission Greta City of Santa Ana • Resolution No. 2011-08 Page 4 of 6 • Conditions for Approval for Variance No. 2011-07 Should the Planning Commission approve Variance No. 2011-07, the approval is subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the Calfomia 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. All proposed improvements must conform to the Site Plan Review approval of DP No. 2009-36 and the staff report exhibits. 2. Any amendment to this variance must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the variance must be amended. • 3. Landscaping, once installed, shall be maintained per the approved landscape plan. After project occupancy, landscaping is to be maintained to include the minimum level of plant materials installed at the time of occupancy and per the approved plan. 4. Prior to issuance of a certificate of occupancy, the parking lot needs to be repaired and repaved per city standards. 5. The required trees shall be upgraded to 36-inch boxed size and shrubs shall be upgraded to 5-gallon size throughout the project. 6. Vine pockets are required to be added to the block wall that is located on the south and east property lines. 7. Anew trash enclosure shall be constructed to City standards. Exhibit A • Resolution No. 2011-08 Page 5 of 6 • 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. • Resolution No. 2011-08 Page 6 of 6