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HomeMy WebLinkAbout20120423_2012-03_1044EFourthROH — 04123/12 • RESOLUTION NO. 2012-03 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NOS. 2012-02 AND 2012-03 AS CONDITIONED TO REDUCE THE REQUIRED PARKING AND SETBACKS FOR THE PROPERTY LOCATED AT 1044 EAST FOURTH 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. 2012-02 to allow a reduction in landscaped setbacks and Variance No. 2012-03 to reduce the required parking standards for a new HD Supply Repair and Remodel facility at 1044 East Fourth Street. B. Variance Nos. 2012-02 and 2012-03 came before the Planning • Commission of the City of Santa Ana for a duly noticed public hearing on April 23, 2012, to consider all testimony, written and oral. C. Variance No. 2012-02 has been filed with the City of Santa Ana seeking to allow an industrial building to encroach into the required 20 -foot front yard landscaped setback. 1. Section 41-475(a) of the Santa Ana Municipal Code requires a twenty (20) foot setback for a yard abutting a public arterial street as designated in the general plan of the city. 2. The building has an existing front yard setback of zero feet immediately adjacent to the building. The applicant is requesting to allow the building to remain as is and the existing setback to remain at its current dimension. 3. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a variance upon making certain findings. i. 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. 2012-03 Page 1 of 12 The project site has a special circumstance related to • its size, shape and location. The subject industrial site is a 4.3 -acre irregularly shaped parcel constrained by its location along Fourth Street. Several buildings currently exist along this corridor that are not in compliance with the setback standards. Compliance with the setback standard would make the site less competitive with surrounding buildings and would deprive the property of privileges allowed to other similar parcels. ii. 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 setback standard would require the demolition of approximately 3,000 square feet of building area, which would reduce the feasibility of the proposed use of the building. Further, the structural integrity of the building would be affected since the portion of the building that would need to be demolished is a structural bearing wall, which will • impact 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 contractors warehouse use that is consistent with the general plan designation. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. Granting of the variance will not be detrimental to surrounding properties. Conditions of approval related to loitering, traffic and parking have been incorporated into the project that will minimize impacts to these properties, which will allow the owner of the site to lease their property to an industrial user that is otherwise allowed by right in the I-OZ-M2/SD-84 zoning district. Resolution No. 2012-03 Page 2 of 12 iv. 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 as the use is consistent with the land use designation. The proposed contractors warehouse use will result in the improvement of a vacant site that will remove several undesirable elements from the property, which include poorly maintained landscaping, a deteriorated building and damaged fencing. The rehabilitation of the site is consistent with Goal 3, which encourages the rehabilitation of properties in the City that improve the character of neighborhoods. D. Variance No. 2012-03 has been filed with the City of Santa Ana seeking to allow a reduction in required parking. 1. Section 41-1390 of the Santa Ana Municipal Code requires at least two (2) spaces for each one thousand (1,000) square feet of gross floor area for industrial uses. 2. The total gross floor area for the two buildings is 91,581 square feet. This equates to a parking requirement of 183 spaces. The applicant • proposes to use the exiting parking spaces on the site, which when configured to meet current design standards, will provide 100 parking spaces — a reduction of 83 spaces. 3. 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 the provisions of this chapter. The project site has a special circumstance related to its size, shape and location. The subject industrial site is a 4.3 -acre irregularly shaped parcel constrained by the location and size of two existing industrial buildings on the property. Due to the size of the property and location of existing buildings, the number of parking spaces required by the parking code cannot physically be achieved on the property without reducing building square footage which would • make the project unviable and create a hardship for Resolution No. 2012-03 Page 3 of 12 the applicant and owner of the property. A parking • analysis was prepared by Austin -Foust, with additional analysis prepared by The Parsons Group. Based upon the finding of a literature search and actual parking demand case studies at existing HD Supply locations, the study concluded that the peak parking demand on the single highest day of the year will not exceed 96 parking spaces, including all contractor vehicles. The project provides 100 on-site parking spaces for customer use. Therefore, applying the strict letter of the City parking code would, in this particular case, deprive the subject property of attracting a use to the property that is otherwise allowed by right in the I-OZ-M2/SD-84 zoning district and therefore would deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. Resolution No. 2012-03 Page 4 of 12 ii. 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 owners right to develop and lease a vacant industrial property with a use that is allowed by right in the I-OZ-M2/SD-84 zoning district. The new use will help to revitalize a vacant industrial property which will preserve the property owners right to upgrade, develop and lease their property. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The findings of the parking study completed by Austin -Foust Associates, Inc., a traffic engineering firm, with additional analysis by Parsons Transportation Group, Inc., indicate that the peak parking demand on the single highest day of the year will not exceed 96 parking spaces including all contractor vehicles. The project provides 100 on-site parking spaces for customer use. Based upon the findings of the parking study, there will be adequate parking on the subject site at times of peak demand . and therefore, the granting of the parking variance will Resolution No. 2012-03 Page 4 of 12 not be materially detrimental to the public welfare or • injurious to surrounding property. Granting of the variance will allow the owner of the site to lease their property to an industrial user that is otherwise allowed by right in the I-OZ-M2/SD-84 zoning district. Granting of the parking variance will allow the property owner the right to utilize their property in a manner that is consistent with surrounding industrial uses. iv. That the granting of a variance will not adversely affect the General Plan of the City. The granting of the parking variance would not adversely affect the General Plan of the City. The property in question is located within the Urban Neighborhood General Plan designation, which permits the Home Improvement Warehouse use, proposed by the applicant. Since parking is ancillary to the primary use of the property as a home improvement warehouse, the granting of the parking variance would under the circumstances of this particular case, have no adverse affect on the • General Plan of the City. E. In accordance with the California Environmental Quality Act, the proposed project is exempt from further review pursuant to Section 15301. This Class 1 exemption allows the repair, maintenance and permitting of existing structures that are consistent with the zoning and general plan designations. Categorical Exemption Environmental Review No. 2011-64 will be filed for this project. • Section 2. The Planning Commission, after conducting the public hearing, hereby approves Variance No. 2012-02, as conditioned in Exhibit "A" attached hereto and incorporated herein, to allow a reduction in landscaped setbacks and Variance No. 2012-03, as conditioned in Exhibit "B" attached hereto and incorporated herein, to reduce the required parking standards for a new HD Supply Repair and Remodel facility at 1044 East Fourth 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 April 23, 2012, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Resolution No. 2012-03 Page 5 of 12 0 r1 LJ 0 ADOPTED this 23d day of April, 2012. AYES: Commissioners: Alderete, Mill, Turner, Yrarrazaval (4) NOES: Commissioners: None (0) ABSENT: Commissioners: AcosM *^ter [31N ABSTENTIONS: Commissioners: Nalle APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Secretary of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2012-02 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on April 23, 2012 . Date: Jr 2. 11 /-a, Secretary of the Planning Lo ission City of Santa Ana Resolution No. 2012-03 Page 6 of 12 Conditions for Approval for Variance No. 2012-02 • Should the Planning Commission approve Variance No. 2012-02, 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. 2011-24 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. 0 5. Vine pockets are required to be added to the wall that is proposed at the west property line. 6. The parking reduction shall not exceed 83 spaces and is valid for I -OZ -M2 uses only. Any future uses which are not permitted in the I -OZ -M2 zoning district, shall comply with the parking standards in place at that time or shall seek a future variance. 7. The variance is only valid for the configuration of the existing buildings and site layout as shown on the approved site plan. 8. All trash receptacles and bins located outside of the buildings shall be located in a trash enclosure with minimum dimensions that meet City Standards. Resolution No. 2012-03 Page 7 of 12 APRIL 23, 2012 • PAGE 2 OF 3 9. Prior to Certificate of Occupancy, all potholes and deteriorated paving on the site shall be repaired and the site slurry coated and double striped to City standards. Site paving and striping shall be repaired and maintained as part of a regularly scheduled maintenance program. 10. The site occupant shall be responsible for maintaining the premises free from graffiti, including the side of the buildings adjacent to the railroad tracks. All graffiti shall be removed within 24 hours. 11. Prior to issuance of a certificate of occupancy, the building operator shall submit a Shopping Cart Containment Plan to the Planning and Building Agency. 12. There shall be no outdoor storage, parking lot sales, displays, equipment lease/rental or similar activities in any exterior area of the site, with the exception of limited outdoor storage of materials in the screened storage area on the west side of Building A as depicted on the site plan. 13. The height of materials stacked outdoors shall not exceed the height of the • screen wall/landscaping provided. 14. There shall be no backing of trucks from Fourth Street on to the site or from the site on to Fourth Street. 15. A new eight foot tall wrought iron fence shall be constructed along the west property line. 16. Bougainvillea shall be planted at eight foot intervals and irrigation shall be provided along the new wrought iron fence, except where prohibited by Metrolink. 17. New fencing shall match the existing wrought iron fencing material existing on the site. 18. The access gate located on Santa Fe Street shall be closed at all times, with the exception of emergency access by Police and Fire personnel. 19. All employees shall park their vehicles on-site. 20. The variance shall be reviewed by the Planning Division for compliance at six months, one year and annually thereafter from the date of Certificate of • Occupancy for the project. Resolution No. 2012-03 Page 8 of 12 APRIL 23, 2012 • PAGE 3OF3 is • 21. There shall be no truck deliveries between the hours of 9:00 p.m. and 6:00 a_m. (Added by the Planning Commission April 23, 2012) 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. 2. The business operator shall post "No Loitering/Trespass" signs/placards in the parking lot and on the building pursuant to California Penal Code ("CPC") section 602. It shall be the business operator's responsibility to ensure that CPC section 602 is complied with at all times that the premises is in operation. Resolution No. 2012-03 Page 9 of 12 Conditions for Approval for Variance No. 2012-03 • Should the Planning Commission approve Variance No. 2012-03, 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 1. All proposed improvements must conform to the Site Plan Review approval of DP No. 2011-24 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. 0 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 to the wall that is proposed at the west property line. 6. The parking reduction shall not exceed 83 spaces and is valid for I -OZ -M2 uses only. Any future uses which are not permitted in the I -OZ -M2 zoning district, shall comply with the parking standards in place at that time or shall seek a future variance. 7. The variance is only valid for the configuration of the existing buildings and site layout as shown on the approved site plan. 8. All trash receptacles and bins located outside of the buildings shall be located in a trash enclosure with minimum dimensions that meet City Standards. Resolution No. 2012-03 Page 10 of 12 APRIL 23, 2012 • PAGE 2OF3 9. Prior to Certificate of Occupancy, all potholes and deteriorated paving on the site shall be repaired and the site slurry coated and double striped to City standards. Site paving and striping shall be repaired and maintained as part of a regularly scheduled maintenance program. 10. The site occupant shall be responsible for maintaining the premises free from graffiti, including the side of the buildings adjacent to the railroad tracks. All graffiti shall be removed within 24 hours. 11. Prior to issuance of a certificate of occupancy, the building operator shall submit a Shopping Cart Containment Plan to the Planning and Building Agency. 12. There shall be no outdoor storage, parking lot sales, displays, equipment lease/rental or similar activities in any exterior area of the site, with the exception of limited outdoor storage of materials in the screened storage area on the west side of Building A as depicted on the site plan. 13. The height of materials stacked outdoors shall not exceed the height of the is screen wall/landscaping provided. 14. There shall be no backing of trucks from Fourth Street on to the site or from the site on to Fourth Street. 15. A new eight foot tall wrought iron fence shall be constructed along the west property line. 16. Bougainvillea shall be planted at eight foot intervals and irrigation shall be provided along the new wrought iron fence, except where prohibited by Metrolink. 17. New fencing shall match the existing wrought iron fencing material existing on the site. 18. The access gate located on Santa Fe Street shall be closed at all times, with the exception of emergency access by Police and Fire personnel. 19. All employees shall park their vehicles on-site. 20. The variance shall be reviewed by the Planning Division for compliance at six months, one year and annually thereafter from the date of Certificate of • Occupancy for the project. Resolution No. 2012-03 Page 11 of 12 APRIL 23, 2012 • PAGE 3OF3 0 • 21. There shall be no truck deliveries between the hours of 9:00 p.m. and 6:00 a_m. (Added by the Planning Commission April 23, 2012) B. Police Department The existing building and parking lot must conform with the provisions of Chapter 8, Article ll, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing projects lighting, doortwindow locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. 2. The business operator shall post "No Loitering/Trespass" signs/placards in the parking lot and on the building pursuant to California Penal Code ("CPC') section 602. It shall be the business operator's responsibility to ensure that CPC section 602 is complied with at all times that the premises is in operation. Resolution No. 2012-03 Page 12 of 12