HomeMy WebLinkAbout31B - VARIANCE - 1221 N BRISTOL STREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JUNE 6, 2011
TITLE:
VARIANCE NO. 2011-07 TO ALLOW A
REDUCTION IN SETBACKS AND LOT SIZE FOR
A TAQUERIA DE ANDA RESTAURANT AT 1221
NORTH BRISTOL STREET - ARCHEION
NEVADA, APPLICANT
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 151 Reading
? Ordinance on 2nd Reading
? Implementing Resolution
? Set Public Hearing For
CONTINUED TO
FILE NUMBER
Receive and file the staff report approving Variance No. 2011-07 as conditioned.
PLANNING COMMISSION ACTION
On May 9, 2011, the Planning Commission adopted a resolution approving Variance No. 2011-07
as conditioned by a vote of 6:0 (Yrarrazaval abstained) to allow a reduction in lot size and
setbacks for a vacant building to be re-occupied by a new restaurant, Taqueria De Anda, in the
Bristol Street Corridor Plan No. 1 (SP1) zoning district at 1221 North Bristol Street. The Planning
Commission made no changes to the recommended conditions of approval outlined in the
attached staff report (Exhibit A).
FISCAL IMPACT
There is no fiscal impact associated with this action.
9kZ1---
Ja?M. Trevino
Executive Director
Planning & Building Agency
VF:rb
vf\reports\VAs\VA11-07 Taqueda De Anda 1221 Bristol.cc
Exhibit: A. Planning Commission Staff Report
31 B-1
31 B-2
REQUEST FOR
Planning Commission Action
PLANNING COMMISSION MEETING DATE:
MAY 9, 2011
TITLE:
PUBLIC HEARING - VARIANCE NO. 2011-07 TO
ALLOW A REDUCTION IN SETBACKS AND LOT
SIZE FOR A TAQUERIA DE ANDA RESTAURANT
AT 1221 NORTH BRISTOL STREET
Prepared by Vince Fregoso
Executive rector
PLANNING COMMISSION SECRETARY
APPROVED
? As Recommended
? As Amended
? Set Public Hearing For
DENIED
? Applicant's Request
? Staff Recommendation
CONTINUED TO
" - klex?.J04--
Planning Manager 44
RECOMMENDED ACTION
Adopt a resolution approving Variance No. 2011-07 as conditioned.
DISCUSSION
Request of the Applicant
Ruben Burrola of Archeion Nevada, representing Taqueria De Anda Restaurants, is requesting
approval of two variances in order to allow a vacant building to be re-occupied by a new restaurant.
Specifically, the applicant is requesting approval of a variance from Sections 41-372 (a) and 41-373 of
the Santa Ana Municipal Code (SAMC) to allow a commercial building to encroach into the required
15-foot landscaped setback-and to allow the use on a site that is less than 15,000 square feet in size.
Project Location and Site Description
The subject property is located at 1221 North Bristol Street. The site is approximately 11,709 square
feet in size, semi-rectangular in shape and contains a vacant, 1,124 square foot structure. The
building is situated on the northwest corner of the site and has an existing 15-foot setback along
Bristol Street and a six-foot setback along Washington Avenue. No landscaping is located in the
setbacks as they are currently paved with concrete.
The site is surrounded by a vacant parcel of land, commercial and single-family residential uses to the
north, a Southern California Edison substation and commercial uses to the south, single-family
residential uses to the east and commercial uses across Bristol Street to the west (Exhibits 1 and 2).
Project Description
The proposed project will consist of numerous improvements to the building and site in order to
facilitate the Taqueria De Anda restaurant. The exterior of the building will be improved to include
the removal of the curved metal roof and the construction of a new roof fagade, the installation of
Exhibit A
31 B-3
Variance No. 2011-07
May 9, 2011
Page 2
new accent tiles on the exterior walls, the repainting of the building and the replacement of all
damaged glass. In addition, the existing drive through lane for the restaurant will be removed and
will be replaced by a new outdoor seating area. Improvements to the interior of the building will
also be made and will include new kitchen equipment, upgrades to make the building ADA
accessible, flooring and paint.
The project will also incorporate various site improvements. These improvements will consist of the
removal of the drive through lane, the removal of existing landscaping and the planting of new
landscaping, the construction of a new trash enclosure, the repairing and repaving of the parking lot
and new site lighting. In addition, all existing signage will be removed and will be replaced with new
signs that comply with current code provisions (Exhibits 3, 4, 5 and 6).
Access to the project site will be provided from both Bristol Street and Washington Avenue. The
parking requirement for a restaurant use is 10 spaces per 1,000 square feet of building (Section 41-
1341). A total of 15 parking spaces will be provided on-site, which exceeds code requirements by
four spaces.
Project Background
The building was constructed in 1965 as a takeout food establishment and was occupied as a
Kentucky Fried Chicken restaurant until the restaurant vacated the premises in January 2008. At the
time of its construction, the building was in compliance with all development standards in place for a
commercial use. In the mid 1980's, the City revised its commercial development standards to require
a minimum lot size for a commercial use of 15,000 square feet as well as a 15-foot landscaped
setback standard, thereby making the building and site non-compliant with today's development
standards.
In 1991, the City adopted the Bristol Street Corridor Specific Plan, which provided the framework for
future redevelopment and widening of Bristol Street. Due to the proposed widening of Bristol Street
from four to six lanes, the subject property has been designated as a 'full take" site.
General Plan and Zoning Analysis
The General Plan land use designation for the site is Open Space (OS), which allows for parks,
water channels and other open space uses. Due to the redesignation of the site from General
Commercial (GC) to Open Space, and the project's nonconforming status, the project is not
consistent with this General Plan land use designation.
The subject site is located in the Bristol Street Specific Plan (SP-1) zoning district. SP-1 is a
zoning designation that has several objectives, including the widening of Bristol Street,
encouraging upgrades to the development character of the area, and the protection and
enhancement of residential areas and community facilities along the corridor. Due to
noncompliance with the lot size and setback standards, the project is legal nonconforming with
current zoning standards.
31 B-4
Variance No. 2011-07
May 9, 2011
Page 3
Project Analysis
Variance requests are governed by Section 41-638 of the SAMC. Variance requests may be granted
when it can be shown that the following can be established:
• That there exists a special circumstance related to the property, such as size, shape, topography,
location or surroundings.
• That the granting of the variance is necessary for the preservation and enjoyment of substantial
property rights.
• That the granting of the variance will not be detrimental to the public or surrounding property.
• That the granting of the variance will not adversely affect the General Plan.
If these findings can be made, then it is appropriate to grant the variance. Conversely, the inability to
make these findings would result in a denial. Using this information, staff has prepared the following
analysis, which forms the basis for the recommendation contained in this report.
In the case of proposed projects that are located on sites or in buildings considered to be legally non-
conforming according to Article VI of the Zoning Ordinance, the project analysis begins with an
assessment of the degree to which the proposed project triggers the need to bring such non-
conforming aspects of the site into conformance with current standards.
Regarding this project, Section 41-683 of the Santa Ana Municipal Code (SAMC) states that if a
nonconforming building is vacant, unused or unoccupied for 12 consecutive months, any
subsequent use must conform to current development standards, including lot size and setbacks.
As this particular building has been vacant for over three years, a restaurant would not be able to
occupy the building until the entire site complies with current code requirements, or a variance is
approved for those items which do not meet the current standards.
In this case the zoning requires a landscaped setback of not less than 15 feet [Section 41-372(a)]
along Washington Avenue since the side yard abuts a public street, and a lot greater than 15,000
square feet in size (Section 41-373). The building has an existing side yard setback of six feet
along Washington Avenue and is only 11,709 square feet in size. The applicant is requesting to
allow the parcel size to remain as is and the existing setback to remain at its current dimension, which
would require the approval of a variance from the code discussed above.
In analyzing the variance request staff must be able to show that findings can be made that support
the criteria listed above.
31 B-5
Variance No. 2011-07
May 9, 2011
Page 4
The project site has a special circumstance related to its size, shape and location. The property
was developed over 45 years ago on a parcel that was compliant with code in regards to lot size
and setbacks. The lot is now surrounded by single-family residences (to the east), an Edison
Substation (to the south) or public streets (to the north and west), which makes it infeasible to
obtain additional land to bring the lot size into conformance with the current standard. Further, the
building was constructed in compliance with development standards at that time, which allowed a
reduced setback on Washington Avenue. The shifting of the building on the site further to the
south to comply with the setback standard would affect the Bristol Street driveway, thereby
impeding the on-site circulation pattern of the property.
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. In addition,
compliance with the setback standard would require the demolition of approximately 500
square feet of building area; a reduction of 44 percent of usable area. The acquisition of an
additional parcel and reduction in building size 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 will not be detrimental to the public or surrounding properties as
the building and site is proposed to be rehabilitated to comply with all applicable development
standards except for the setback and lot size requirements. Further, the project will be
consistent with the objectives of the Bristol Street Widening Project, which include upgrading
the development character of the area, encouraging the rehabilitation of as many businesses
as possible and encouraging local neighborhood servicing commercial uses adjacent to
residential areas.
Finally, 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.
As discussed earlier, the project site is a "full take" property on the Bristol Street Widening Plan.
Currently, the City is proceeding with the widening of Bristol Street from First Street to Civic Center
Drive. The next phase, from the north side of Washington Avenue to Seventeenth Street, will
commence in approximately three years. The final phase, from Civic Center Drive to Washington
Avenue, does not have funding at his time. As a result, it is anticipated that this segment will not
be subject to widening for at least five years.
31 B-6
Variance No. 2011-07
May 9, 2011
Page 5
To minimize the effects of the reduced lot size and setback, an extensive list of site improvements
are proposed. For instance, existing hardscape, with the exception of required walkways, along
both Bristol Street and Washington Avenue will be removed in order to provide new landscaping.
In addition, the existing parking lot will be repaired and restriped as necessary to improve on-site
circulation and to provide additional landscaping. This improvement will make the parking lot
comply with both the current setback standard as well as the landscaping standard. The applicant
will be removing dead landscaping and will install new landscaping materials within the setback
areas as well as within all parking lot landscape planters. It is recommended that the required
trees be upgraded to a 24-inch box size and shrubs to a 5-gallon size throughout the project to
compensate for the reduction in required setbacks.
Public Notification
The project site is located within the Washington Square Neighborhood Association. Staff and the
applicant attended a meeting with the Washington Square leaders in March 2011 to review the
project and obtain neighborhood input. Issues pertaining to outdoor music, lighting and trash were
raised by the neighborhood at this meeting. Modifications to the project were made in response to
the concerns raised by the neighborhood. In addition, the contacts of this Neighborhood
Association were notified by mail 10 days prior to this public hearing.
The project site itself was posted with a notice advertising this public hearing, a notice was
published in the Orange County Reporter and mailed notices were sent to property owners within
500 feet of the project site, as well as concerned citizens listed on the Permanent Notification List.
At the time of this printing, no correspondence, either written or electronic, had been received from
any members of the public.
CEQA Analysis
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.
Conclusion
Based on the analysis provided within this report, staff recommends that the Planning Commission
approve Variance No. 2011-07 as conditioned.
f
Vince Fregoso, AI
Principal Planner
VF.jm
vfVeports\Vas\VA11-07 Taqueria De Anda 1221 Bdstol.050911.pC
31 B-7
Variance No. 2011-07
May 9, 2011
Page 6
Attachments:
Exhibit 1 - General Vicinity Map
Exhibit 2 - Site Plan
Exhibit 3 - Floor Plan
Exhibit 4 - Colored Building Elevations
Exhibit 5 - Colored Building Elevations
Exhibit 6 - Landscape Plan
31 B-8
R2
R2 Z R2
i M, R2
C2 °' C2
R1 j
xGc
R1 _
P
P ' P 5bss SD-55
® s0
P P 0
P swe
a a
Al GENE SLAG4aLnffLt CR OJMMOM FESDBQTIAL F21 9NGLEFAMLYFESOBgIAL
-6 FARGNGM0DIRMn0N GC GO U MDUCWER FQ TMFAMFLYFE90eKE
CW OCMMffU4SJUTH MAIN M1 UGKrINDUSFRAL Ri MLUnFEOBJ9TYMLLTIRE
C1 OCMMLNITY00MME MAL M2 HEAWNDUSFRAL FiAMFLYFEWDKE
C1-MD COMM. 0CMM8Y3AI1MU93FM DISIRCT MO MUNWOPERkA S FA 9JBJEANAFAMM8M
C2 GBJ6i'1LCCMMBM 0 OPEN SIAM FE FMDDMALESME
C1 aNTFALH19NESS P PFCFES90NAL SD 91mnCDEVROPMENT
CM CDfWeL BUSNESBAfdIb M AM FCD RANNF3)CCMMUNITYDELT3.CWWT 9' SMFTCRAN
Ci RANED34OPPMCENTER Ra RANF) FMDF3dM DBIEOWENT
CS ARrERALOpuWCAL
VA 11-7
A TAQUERIA DE ANDA
1221 NORTH BRISTOL STREET - - =WOFM7
71 =IOWFEff
P L A N N I N G A N D B U I L D I N G A G E N C Y
EXHIBIT 1
VICINITY MAP
31 B-9
WESTMINSTER I F(im ST.) I L AVE. :-s-o, I,.v,a SEYENTEENi TH LJ
+ -- -- -c -,-- r-
L COMMERCIAL
S I N G L F A I L Y
R E S I D N E
C MM.
12TH STREET
S I N G L E A M I Y
R E S 1 D N
I C E
11TH STREET
Q V
2
V
}
Q
V ?
VACANT
AVENUE
V
Z
a
v W
? J
a
V
SINGLE W
FAMILY
F-
W
W
K
F-
N
J
O
F-
co
co
RESIDENCE
F-
W
W
l7:
F-
N
W
N
O
J
VA 11-7
TAQUERIA DE ANDA I?
I Is 1221 NORTH BRISTOL STREET
P L A N N I N G A N D B U I L D I N G A G E N C Y
LAND USE MAP
EXHIBIT 2
31 B-10
WASHINGTON
Y F
O 1! s h o ? .; 3?j pia ?{??
^_1.,. i E?$-N v. Cn eX az «f.e 1E£t?:cl °Sc
y y=Q c`Q•
g e ? ?m8 ??< ??9=
ooh i Y€ - ° ??
z?? Kz=???g paEy`=6Eg 9?g ?<
y of
?*< =
gd In
is m z ? .r-.:: c=6 o
3t o? ___°s? Cz7
o?v v?? fl:
.1/c r
.ri Ca?a .r
?• o zll o S o g 'S
,r/E s-,rz
h?
WLLtila1
Fg -„???o
< °G
?° zk<
1.
R I Y J ?'
S
I5 - ?g
--4! fl ?d nYr10IS (1)
'QAIO KOIDNIHSVA 'M
E
C'7
CD
N
O
z
w
m
i`
0
0
0
z
a
w
w
E-
O
c7
I
0
0
O
z
a
a
F
W
W
E-
.-a
O
F-
CA
? I
z 'Z
? W
C/) b"
Z
3"BIJ j
of
--
de
a a ?d z? p a ?i`ti E#: Fs; - E
C7
O
O
O
N
0
Z
W
co
co
m
, O
O
gel CV
?
O
?
o z
W a
U C4
3aE? ?
W gill
?
?
0. S9
?
R xc? N
d Z
W i
0. °
ca.
?
F
x €
@
w s
E
xet??
li
s
:
0FI
O a a J x
O r _
e
^
u `
S : p p
p g
e
-
ti( 1
) o
w?
9E
E
0
F ? I
9
•I
C
?
:
::
E
x:
R:
E
g
?
?
?
ti
x?
FE 9 F c ;c 'c 2 i ? c
U
Z Te
m x •
n ? e '' S e e _
e
c
s j r g ? h 5 t
a F ? F
a? r r S 4 ? - - - -
x
Q
? e -
U
m
s ? x ; s ! _ _ - e
4 a ? ? z
s
?t • •
z
? e
,e
c
?
Y
Y
?
?
E
C
3
A
s
?
s
?
?
?
s
c
r
$
a ? e ? 9 ? ? ;
a
?
?
.
?
:
i
r
v
Y
f
g?
Y y
$
¢
?
e
p{ 33
y G
31 glHjjl 4
C CS
?$e. --- ? ?r
- T"
.1 .1 cn
F a?
.€
0
°'
°
C\j
z
W
E I ? ^
N 0
§
y 0
z
o
i
F-
F
Lam.
I ? CID
O
ey
pC
i
r ]
?
O
fi C)
z
a.
o ? o
ICI ?? a
w d
w
? a
w a
w
_ x
F•
a
° x
E-
x
z
c
n
s
o 8
F
F ?
4c6E
li Igg
IN
8
- PA!
w E
?o c n
o 0
` a
W 1
W
a zo
W
rC W
Ul
W d`.
W
W ?
aT9'-i3
Tadao p..jpOO.-11,--
8El9'LZI'Oil KVd IC 19"1ZI-IIL 3NONd
9Z976 VO VS3N V1 SO] 133Y1S VaNVE 1111
3 d V 0 S d /N? V l
QOOMH3/ \IIS 9omvoaepune410A
win epueep 56581
epuea086-29
ao? a?avva?ae
S1N3wnDw 3dVDSONY1
?
.?o •w1
?1 a
?, t a
w w
?'
O
VGNV34 vl2tgn dl
r O Ec8 3 _ )E?
u s s ? °u • - e e
3 O 5E? ?So _et$
3 3 ? • ??c? • fa?E?• O
n n tl n :?nC - EL ioE
r a r E cX ' $•_
$E$ t v' r c° c E. ' v• E' ib'e F ywjN N ?, O
f i g y? - _ _ ° ' ! EE E 5'?e-°•?`_-5 ?N?1p M X
O • L 3 O_ m O m S C O .Ir _•?'_2 ?m p O e?
O $ Y i a 3 bgr ?5 !`-a:a ua :? W aQQQ W U
i ` iY e I o i = e_ ?bi'o ee°_?s•.o lJWW, 0 p!n
?E?i $ Eci o` Q ? d. Q
J i ' ° A? ° _ ' u: E r S • ==e. alaceeE?I<; 0 4 ~
= e i.. i? ppg?g v a? ? ? c? ? $S a ? ° a ==AYE egn-as„•=Ev Ss'° ?O ?UZ?O
u. 9>•: d •Y?Y o. of ?. JT? o, n cF5 c:??B'e`z Yin„5.? 4???QQ
l7 a e o }@'li?e V., ga 1.141
E 7Za 700'
Z O® ®O O W O 1• F _c g g S t e E;' g S m F N
=w?000 Cs d 100
0• ®® >i ii Zn?n E. nye:E'c? __
?I? JZ
\V a° 0
:D P
°I Ia
m
al 1
?3a
a?I
Y
L m10M d0 iiwri .ef?9B 'l'd
3
I
I
? ui
to 0
3
1 Ln
?I - o ?
co
s C
?i z
wo
I
ce
I
4 Q d d d /
,bS"bC! 'l'd JR90M dO lIWII
3f1N3nd NOlJNIHSVM 'M
TV-1 4
ROH - 05/09/11
RESOLUTION NO. 2011-08
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.
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
31 B-15
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 shifting 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
31 B-16
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
31 B-17
ADOPTED this 9th day of May, 2011 by the following vote:
AYES: Commissioners: Acosta, Alderete, Gartner, Mill, Nalle, Turner (6)
NOES: Commissioners: None (0)
ABSENT: Commissioners: None (0)
ABSTENTIONS: Commissioners: Yrarrazaval (1)
Eric Alderete
Chairman
APPROVED AS TO FORM:
Joseph Straka, City Attorney
By:
Ryan O. Hodge
Assistant City Attorney
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 May 9, 2011.
Date:
Planning Commission Secretary
City of Santa Ana
Resolution No. 2011-08
Page 4 of 6
31 B-18
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 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 prior 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
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. A new trash enclosure shall be constructed to City standards.
Exhibit A
Resolution No. 2011-08
Page 5 of 6
31 B-19
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
31 B-20