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HomeMy WebLinkAbout110613_2011-11_3796SBristol0 1:1rQ11y`Kyisi RESOLUTION NO. 2011-11 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2011-08 AS CONDITIONED TO REDUCE THE REQUIRED PARKING FOR THE PROPERTY LOCATED AT 3600 THROUGH 3796 SOUTH 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. 2011-08 to reduce the required parking standards for a new restaurant / retail building within the Metro Town Square Shopping Center at 3600 through 3796 South Bristol Street. B. Variance No. 2011-08 came before the Planning Commission of the City • of Santa Ana for a duly noticed public hearing on June 13, 2011, to consider all testimony, written and oral. C. Variance No. 2011-08 has been filed with the City of Santa Ana seeking to reduce the required parking standards set by Santa Ana Municipal Code section 41-1341. 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 the provisions of this chapter. The project site has a special circumstance related to its location and surroundings. The proposed use will be located within a built out development site on South Bristol Street that is surrounded by commercial and residential uses. Due to its location, there is no feasible option for providing additional parking for the new uses. In addition, the shared • parking analysis prepared by Linscott, Law and Greenspan has determined that sufficient parking will be provided for the Resolution No. 2011-11 Page 1 of 5 • project by utilizing multiple methods. The study concluded that even under peak demand, a minimum of 392 parking spaces will be available within the shopping center. As a result, the parking variance will allow the applicant the ability to use the property in a manner that is consistent with similar surrounding commercial uses. 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. The granting of the parking variance will preserve the property owner's ability to lease the buildings with uses that will identify the site as an economically viable development. Further, the reduction in parking will provide flexibility of leasing options that would support Policy 2.7 and policy 5.7 of the Land Use Element of the General Plan which promotes rehabilitation of commercial properties and encourages increased levels of investment while anticipating that intensity of new development does not exceed available capacity. • 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 detrimental to the public or surrounding properties. As demonstrated in the parking analysis for the project, the site will have sufficient parking to accommodate the various uses during the peak parking hours. Therefore, the reduction in parking will not be detrimental to the surrounding community as it will not result in parking impacts affecting adjacent commercial or residential neighborhoods. Further, the site is in compliance with all other development standards applicable to the property. 4. That the granting of a variance will not adversely affect the General Plan of the City. Finally, the project will not adversely affect the general plan as the proposed commercial uses are consistent with Goals 1 and 2 of the Land Use Element of the General Plan. These goals encourage uses such as retail, office and eating establishments that promote a balance of land uses to • address basic community needs and which enhance the City's economic and fiscal viability. In addition, the project is Resolution No. 2011-11 Page 2 of 5 consistent with Policy 1.9 which encourages new • development along arterial intersections in commercial district such as South Bristol Street and Policy 5.4 in support of land uses which are compatible with surrounding uses. 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. 2011-10 will be filed for this project. Section 2. The Planning Commission, after conducting the public hearing, hereby approves Variance No. 2011-08 as conditioned in Exhibit "A" attached hereto and incorporated herein, to reduce the required parking standards for a restaurant / retail building within the Metro Town Square Shopping Center at 3600 through 3796 South 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 June 13, 2011, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 13th day of June, 2011. • AYES: Commissioners: Acosta, Gartner, Mill, Nalle, Turner, Yrarrazaval (6) NOES: Commissioners: None (0) ABSENT: Commissioners: Alderete (1) ABSTENTIONS: Commissioners: None (0) Chairman APPROVED AS TO FORM: Joseph �. Straka, City Attorney Ryan T • Assista Resolution No. 2011-11 Page 3 of 5 • CERTIFICATE OF ATTESTATION AND ORIGINALITY 0 0 I, MARTHA RAMIREZ, Secretary of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2011-11 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on June 13, 2011 Date: /'�l% /v 'i,`,T-l_.-- 1, Secretary of the Planning oC,�ttssio City of Santa Ana Resolution No. 2011-11 Page 4 of 5 • Conditions for Approval for Variance No. 2011-08 Should the Planning Commission approve Variance No. 2011-08, 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 belowrip 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 All proposed improvements must conform to the Site Plan Review approval of DP No. 2011-01 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 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. Resolution No. 2011-11 Page 5 of 5