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HomeMy WebLinkAbout2011-036 - Approving General Plan Amendement No. 2011-02ROH - 06/06/11 RESOLUTION NO. 2011-036 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING GENERAL PLAN AMENDMENT NO. 2011-02 AND APPROVING VARIANCE NO. 2011-06 AS CONDITIONED TO ALLOW A REDUCTION IN LANDSCAPED SETBACKS FOR THE PROPERTY LOCATED AT 1306-1312 WEST SANTA ANA BOULEVARD BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting General Plan Amendment No. 2011-02 to amend the General Plan to change the westernmost parcel, located at 1312 West Santa Ana Boulevard, from Low Density Residential (LR) to General Commercial (GC) to coincide with the other five parcels. B. On May 9, 2011, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council adopt a resolution approving General Plan Amendment No. 2011-02. C. On June 6, 2011, the City Council of the City of Santa Ana held a duly noticed public hearing and at that time considered all testimony, written and oral, related to General Plan Amendment No. 2011-02. D. The Council finds that General Plan Amendment No. 2011-02 is consistent with the General Plan, including, but not limited to, its policies and goals to promote a balance of land uses that address community needs, promote land uses that will enhance the economic and fiscal viability of the City through an increase in property and sales tax, and preserve and improve the character of the surrounding neighborhood through the construction of a new office building and numerous improvements intended for the site. E. The Council finds that the City's general plan is designed, as it must be, to accommodate a wide range of competing interests - including those of developers, neighborhoods and homeowners, prospective homebuyers, environmentalists, current and prospective business owners, jobseekers, taxpayers, and providers and recipients of all types of city-provided services - and to present a clear and comprehensive set of principles to guide development decisions. The City's general plan sets forth these Resolution No. 2011-036 Page 1 of 6 guiding principles. Once in place, it is the province of this Council to examine the specifics of a proposed project to determine whether it would be in harmony with the policies stated in the general plan. F. The City Council has weighed and balanced the general plan's policies, both new and old, and has determined that based upon this balancing that General Plan Amendment No. 2011-02 is consistent with the purpose of the general plan. G. Applicant is requesting approval of Variance No. 2011-06 to allow a reduction in landscaped setbacks for a new medical and professional office building at 1306-1312 West Santa Ana Boulevard. H. On May 9, 2011, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council adopt a resolution approving Variance No. 2011-06. On June 6, 2011, the City Council of the City of Santa Ana held a duly noticed public hearing and at that time considered all testimony, written and oral, related to Variance No. 2011-06. J. Variance No. 2011-06 has been filed with the City of Santa Ana seeking to reduce the required landscaped setbacks along the street frontage in the C1 district. Section 41-368 of the Santa Ana Municipal Code requires a fifteen (15) foot front and side yard landscaped setback if the yard abuts a public street in the C1 district. K. 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. The project site has a special circumstance related to its size, shape and location. The property is located at an intersection of two major arterial streets, is adjacent to a heavily utilized bus stop and is in an area that contains a large volume of pedestrian traffic. The shifting of the building closer to the street will encourage pedestrian accessibility to the site and provide easier access to the structure from the adjacent residential uses. Resolution No. 2011-036 Page 2 of 6 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. Allowing the building to be constructed with a reduced setback will allow the owner the ability to construct a new medical and professional office building on a vacant parcel of land. Further, it will allow the owner the ability to maintain the current medical practice, which will allow him the ability to continue to serve the surrounding neighborhood. Shifting the building to comply with the setback standard would significantly reduce the feasibility of the proposed use of the building, which impacts the property rights of the owners. 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 the site will be developed in compliance with all applicable codes. The new building and related site improvements such as new landscaping will enhance this property as well as the surrounding properties. Further, the proposed building will not generate operational impacts to surrounding properties. Finally, the building will comply with the California Building Standards Code. 4. That the granting of a variance will not adversely affect the General Plan of the City. The granting of the variance will not adversely affect the General Plan of the City since the proposed building was designed in conformance with City Zoning, Development and General Plan requirements. In addition, the project is consistent with several goals and policies of the General Plan. Policy 1.10 encourages the location of commercial uses at arterial roadway intersections in commercial districts, Policy 2.2 supports commercial land uses in adequate amounts to accommodate the City's needs for services, Policy 2.4 supports pedestrian access between commercial uses and residential neighborhoods which are in close proximity, and Policy 2.10 supports new development which is harmonious in scale and character with existing development in the area. Resolution No. 2011-036 Page 3 of 6 L. 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. 2009-187 will be filed for this project. Section 2. The City Council hereby approves General Plan Amendment No. 2011-02. The amendments to the Circulation Element are attached hereto as Exhibit A and incorporated herein by this reference as though fully set forth herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Council Action dated June 6, 2011, and exhibits attached thereto, and the public testimony written and oral, all of which are incorporated herein by this reference. ADOPTED this 6th day of June 2011. APPROVED AS TO FORM: Joseph Straka, City Attorney 1 By: i Rya (O.'H qge Assi taut C y Attorney YES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Alvarez. Benavides. Bustamante. Martinez. Pulido Sarmiento (6) None (0) None (0) Tinajero (1) Resolution No. 2011-036 Page 4 of 6 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2011-036 to be the original resolution adopted by the City Council of the City of Santa Ana on June 6, 2011. Date: Clerk of the Council City of Santa Ana Resolution No. 2011-036 Page 5 of 6 Conditions for Approval for Variance No. 2011-06 Should the City Council approve Variance No. 2011-06, 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 1. All proposed improvements must conform to the Site Plan Review approval of DP No. 2009-65 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. The required trees shall be upgraded to 36-inch boxed size and shrubs shall be upgraded to 5-gallon size throughout the project. 5. Vine pockets are required to be added along all perimeter block walls for the property. B. Police Department 1. 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. Exhibit A Resolution No. 2011-036 Page 6 of 6