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Home My WebLink About31B - VARIANCE - 2702 N BRISTOL STREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 15, 2012 TITLE: VARIANCE NO. 2012-07 TO ALLOW A REDUCTION IN LANDSCAPED SETBACKS FOR A NEW COMMERCIAL BUILDING AT 2702 NORTH BRISTOL STREET - METRO STAR LLC, APPLICANT l i ? C_tc 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. 2012-07 as conditioned. PLANNING COMMISSION ACTION On September 24, 2012, the Planning Commission adopted a resolution approving Variance No. 2012-07 as conditioned by a vote of 7:0 to allow a reduction in landscaped setbacks and allow the construction of a new 6,000 square foot commercial building at 2702 North Bristol Street located in the Community Commercial (Cl) zoning district. The Planning Commission added conditions of approval to preclude landscaping and lighting from impacting the adjacent multi- family residential development and a condition that requires the installation of signage that prohibits overnight parking on the site (Exhibit A). FISCAL IMPACT There is no fiscal impact associated with this action. Jay-M. Trevino Executive Director Planning & Building Agency VF:rb vf\reports\VAs\VA12-07 2702 N Bristol.cc Exhibit: A. Planning Commission Staff Report 31 B-1 31 B-2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: SEPTEMBER 24, 2012 TITLE: PUBLIC HEARING - VARIANCE NO. 2012-07 TO ALLOW A REDUCTION IN LANDSCAPED SETBACKS FOR A NEW COMMERCIAL BUILDING AT 2702 NORTH BRISTOL STREET Prepared by Vince Fregoso PLANNING COMMISSION SECRETARY APPROVED O As Recommended O As Amended O Set Public Hearing For DENIED O Applicant's Request D Staff Recommendation CONTINUED TO acct, . - t xecutive Director Planning Mager RECOMMENDED ACTION Adopt a resolution approving Variance No. 2012-07 as conditioned. DISCUSSION Request of the Applicant Arshia Mahmoodi of Void Inc., representing Metro Star LLC, is requesting approval of a variance to allow a reduction in landscaped setbacks and allow the construction of a new 6,000 square foot commercial building at 2702 North Bristol Street. Specifically, the applicant is requesting approval of a variance from Sections 41-368, 41-369 and 41-372 (a) of the Santa Ana Municipal Code (SAMC) to allow a commercial building to encroach into the required 15-foot landscaped setback. Prolect Location and Site Description The subject property is located at 2702 North Bristol Street, which is at the northwest corner of Bristol Street and Memory Lane. The site is approximately 22,200 square feet in size and is semi-rectangular in shape. The project site is currently vacant but once contained a service station. The site is surrounded by a multi-family residential development to the north and west, commercial and single- family residential uses to the south, and commercial uses to the east (Exhibits 1 and 2). Protect Description The proposed project consists of the construction of a new commercial building that is intended to be occupied by Chase Bank. The building will be a one-story, 6,000 square foot structure that will be built at the southeast corner of the site. Once completed, the project will convey a sense of quality that is appropriate for a bank building located at the intersection of two major arterials. EXHIBIT A 31 B-3 Variance No. 2012-07 September 24, 2012 Page 2 A contemporary architectural design has been proposed by the developer. The building will incorporate relief in the massing through the use of different building volumes and materials. Exterior materials such as cedar wood siding, smooth trowel stucco, stone veneer and dark bronze aluminum windows will be utilized on the structure. Access to the project site will be provided from both Bristol Street and Memory Lane. The parking requirement for a bank use is 4 spaces per 1,000 square feet of building (Section 41-1348). A total of 24 parking spaces will be provided on-site, which is in compliance with code requirements (Exhibits 3, 4 and 5). Proiect Background The project site is currently vacant, but was previously occupied by a service station use from the early 1960's until 1998. In late 1998, the necessary permits were issued to demolish the service station facility. In 1999, plans were submitted to construct a new service station on the property, with the City approving a zone change to redesignate the property from Specific Development No. 27 (SD-27), which allowed the development of apartments, to Community Commercial (C-1). Although the necessary entitlements were granted for this new service station, permits were never issued, and the site has remained vacant. General Plan and Zonina Analvsis The General Plan land use designation for the site is General Commercial (GC), which allows for retail, office and commercial uses such as banks. General Commercial districts are primarily located on commercial corridors and major arterial roadways in the City. They provide accessible commercial development along City arterials as well as provide support facilities and services, including banks and financial institutions. The site is consistent with this General Plan land use designation. The subject site is located in the Community Commercial (C-1) zoning district. The C-1 district is a zoning designation that allows for retail, commercial and office uses such as a bank or other financial institution. The proposed project is consistent with the C-1 zoning designation. Proiect Analysis Regarding this project, Sections 41-368, 41-369 and 41-372 (a) of the Santa Ana Municipal Code (SAMC) states that buildings in the C1 zone requires a 15 foot front and side yard landscaped setback if the yard abuts a public street, as it does in this case along both Bristol Street and Memory Lane. As proposed, the building will have a five foot setback along Bristol Street (after an eight foot dedication for street widening purposes) and an eight foot setback along Memory Lane. The applicant is requesting approval to allow the reduced setback to remain as proposed, which would require the approval of a variance from the code discussed above. 31 B-4 Variance No. 2012-07 September 24, 2012 Page 3 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. The project site has a special circumstance related to its size, shape and location. The property has a deed restriction on the northwest section of the site that encompasses over 2,000 square feet of lot area (45 feet by 46 feet). This deed restricted area grants a vehicular easement to the adjacent apartment complex in perpetuity and is unable to be integrated into the project site. This restriction on the property severely limits the use of the site, affects the on-site vehicular circulation system, and restricts the placement of the building. Further, the site is located at an intersection of two major arterial streets, is in close proximity 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 is necessary to allow development of the site as well as to provide and encourage pedestrian accessibility. Also, the reduced setback will assist in improving vehicular and pedestrian circulation to the site. 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 commercial bank building on a vacant parcel of land. 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. • The granting of the variance will not be detrimental to the public or surrounding properties as the building and site have been designed to comply with all applicable development standards except for the landscaped setbacks. The new building and related site improvements, such as new landscaping, will enhance this property as well as the surrounding properties. Finally, the proposed building will not generate operational impacts to surrounding properties. 31 B-5 Variance No. 2012-07 September 24, 2012 Page 4 • Finally, the project will not adversely affect the general plan as the proposed bank use is a permitted use in the General Commercial land use designation. 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. To minimize the effects of the reduced setback, staff is including conditions of approval to provide enhanced landscaping at the Bristol Street and Memory Lane corner, as well as upgrades to the sizes of the landscape materials. 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 not located within the boundaries of a neighborhood association. However, four surrounding associations were notified of the project, and the property manager for the adjacent apartment complex was notified as well. 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 15303. This Class 3 exemption allows the construction of new structures up to 10,000 square feet in an urbanized area. Categorical Exemption Environmental Review No. 2012-6 will be filed for this project. Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Variance No. 2012-07 as conditioned. UL- Vince Frego o, AICP Principal Plan er- VF:jm vArepoitsWas1VA12-07 2702 N Bdstol.092412.pc 31 B-6 Variance No. 2012-07 September 24, 2012 Page 5 Attachments: Exhibit 1 - General Vicinity Map Exhibit 2 - Land Use Map Exhibit 3 - Site Plan Exhibit 4 - Colored Building Elevations Exhibit 5 -- Landscape Plan 31 B-7 C i t y o f O r a n g e sU9? ?, I? / 9 y9 O ¢?e Q' O y/ O ST. A 1 ea i L •_ O O 22 GARDEN GROVE FREEWAY?? O R! ' n RI RI Rl O RI ?q i Rl O R1 Al -- C2-HDII O O i' f f,r Rl RI Rl Rt SD-77 tooct-tooo0 RI R4 O o-?l loo-n-I RI SD•.! At hi' R1 Rl Rt AI Ly 81, O o RI - - - ??? Al R cl cl bs OJ S RI R/ ' Rl R1 RI R1 ' Rt RI Rl FL R1 R! RI RI RI RIB RI RI Rl RI / O RI ?? Rl R} Rl Rl I R1 Rl R O R1 Rl Rt R1 II ? R1 RI I i RI R1 RI RI R1 RI RI RI i LL Rl R1 h., R} Rt ]RI RE AS GNSIALACRCULRWt CR 001 MBUALFE,9DeMAL RI 8NCIEFAMILYR9DBQNLL -B B%WNGNIODIRCAMN OC GOVE" NTCENUR fa MFAMILWESDENCE Cad 00MMOU&SDUIHMAIN Ml L09INDLUTRAL RI MU-71ftEOBJBNM UR-E Cl ODMMLRMCOMMU AL M2 HEAWINDWRAL FAMILYFESDENCE Cl-MO CCMM.COMMMAUMUSfl1MOISTRCT MO MrUTNNOPEPATIONS Rl 31BUFEANAHIRMIUM C2 OENEPAL ODMMEFOAL O OF IN SUE PE FESOOMAL U WE C3 CENPot "N s P F ONAF_ SD S$1f1CDEvR0FAlFNT CIA CeMftBUsNPSSAFI115FVLLAGE POD RlANNGDWAMUWIYF.)MOFMRNR SP TMRCFTAN 04 RANNFD&CMUGCErM PFO SAW4® smDeFBALOLROPMEMT Oi AFUSWCOMMEFO& VAR 2012-7 A BRISTOL & MEMORY BANK 2702 NORTH BRISTOL STREET 600 FEET 1" = 1000 FEET ST. 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-8 MULTI -FAMILY R ESIDENCE H uJ u3 an C O M E R C I A L MULTI - FAMILY R ESIDENCE Project Site MEMORY LANE SIN LE- AMI Y RESID NCE } COMMERCIAL COMMERCIAL ? - w MARCIEtLA LA NF ¢ z J u- W J W L E- F 'n LL w 411?? V) R E S I D E N C E, o z m -J w lu z a z? tn Ln VAR 2012-7 BRISTOL & MEMORY BANK t 2702 NORTH BRISTOL STREET & e? 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-9 „I " BRISTOL. MEMORY av:s ns FLOOR PLAN a ^• rc?ur __ e'f - +••• I •.++ 0"D •=J(SS lUt l fstia SI. Sa.tY uY (S Ulu Sc[S f?ni tvn uro su n v[aw SMO Mr1u l YIZUYX.NIIYM SYfO e Z 7 ?\ ?`, \. nwW? \..\ r 4ns1 : § '? I?rwo[?tOUYsa3o fi r. s3 (u \ \ \ fn z lr C ' rNre? s n < § r Q. • c [to•. (.•K*3 or>(T vhall .1rS r.w{. ?41i?iM 'r{s?[y l? Nl^llwl?+il \•. s .a3( i 0 ?so-1 .o is>?\\ \ \ .FL ? i f? \ \*??»?su? nC\. \ \\\??v;<? r qlt ' \XR?, :• \\\r\ \\ \ .. k A IV, ? w?a wYn unov \\ ,. VY _?D I \\\} 441 41 VAU01 a ' ?' JII'' '1qr? 20 •I O E \ .\\\ \ \ \\?\ \ ' \ • -.P.P?. ?iL.1 ? ti \ o Id b .nst ?S(eSSGI-rE ?3NglSWX.:SOGriQNl1 _ . wn. It I ;klnn?;5tii a ? ? N n3si1 ?? I r- b 1 II I ?r `? I .€ C7 I 4_?? L - - - - § - 0 22 osa m~Z NmF 1B BRISTOL MEMORY BANK e.. a er. PROJECT 2702 N. BRISTOL ST. ELEVATIONS ACORESS SANTA ANA CA 92706 SHEET TITLE " pda at? ? U I l,q E ?fi,S ?: ?? ? i ; ? ! ref i:ac '+ fy? ? f, it f ? 9 ?a .f R i 7 IE ?ol;i Al 11 Z ? is loisiae ------ ------- _FO v ?- - - r? so N J 3I F 31 M'12T 5 ROH - 09/24/12 RESOLUTION NO. 2012-10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2012-07 AS CONDITIONED TO REDUCE THE REQUIRED SETBACKS FOR THE PROPERTY LOCATED AT 2702 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. 2012-07 to allow a reduction in landscaped setbacks for a new commercial building at 2702 North Bristol Street. B. Variance Nos. 2012-07 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on September 24, 2012, to consider all testimony, written and oral. C. Variance No. 2012-07 has been filed with the City of Santa Ana seeking to allow a commercial building to encroach into the required 15-foot front yard and corner lot side yard landscaped setbacks. D. Section 41-368 of the Santa Ana Municipal Code requires a fifteen (15) foot front yard setback in the C1 district. Section 41-369 of the Santa Ana Municipal Code requires a fifteen (15) foot setback for side yards adjacent to a street on corner lots in the C1 district. Section 41-372(a) of the Santa Ana Municipal Code requires a fifteen (15) foot landscaped setback along any property line abutting a street in the C1 district. E. The project abuts the corner of Bristol Street and Memory Lane. The building will have a five (5) foot setback along Bristol Street (after an eight (8) foot dedication for street widening purposes) and an eight (8) foot setback along Memory Lane. The applicant is requesting approval to allow the reduced setback to remain as proposed, which would require the approval of a variance from Santa Ana Municipal Code sections 41-368, 41- 369, and 41-372(a). F. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a variance upon making certain findings. Resolution No. 2012-10 Page 1 of 6 31 B-13 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 has a deed restriction on the northwest section of the site that grants a vehicular easement to the adjacent apartment complex in perpetuity. This restriction on the property severely limits the use of the site, affects the on-site vehicular circulation system, and restricts the placement of the building. Further, the site is located at an intersection of two major arterial streets, is in close proximity 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 is necessary to allow development of the site and encourage pedestrian accessibility. Also, the reduced setback will improve vehicular and pedestrian to the site. 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 commercial bank building on a vacant parcel of land. 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 detrimental to the public or surrounding properties as the building and site have been designed to comply with all applicable development standards except for the landscaped setbacks. The new building and related site improvements such as new landscaping will enhance this property as well as the surrounding properties. Finally, the proposed building will not generate operational impacts to surrounding properties. Resolution No. 2012-10 Page 2 of 6 31 B-14 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 as the proposed bank use is a permitted use in the General Commercial land use designation. 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. G. In accordance with the California Environmental Quality Act, the proposed project is exempt from further review pursuant to Section 15303. This Class 3 exemption allows the construction of new structures up to 10,000 square feet in an urbanized area. Categorical Exemption Environmental Review No. 2012-6 will be filed for this project. Section 2. The Planning Commission, after conducting the public hearing, hereby approves Variance No. 2012-07, as conditioned in Exhibit "A" attached hereto and incorporated herein, to allow a reduction in landscaped setbacks for a new commercial building at 2702 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 September 24, 2012, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 24th day of September, 2012. AYES: Commissioners Acosta, Alderete, Yrarrazaval (7) None (0) Gartner, Mill, Nalle, Turner, NOES: Commissioners ABSENT: Commissioners ABSTENTIONS: Commissioners None (0) None (0) Eric Alderete Chairman Resolution No. 2012-10 Page 3 of 6 31 B-15 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Ryan O. Hodge Assistant 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. 2012-10 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on September 24, 2012 . Date: Secretary of the Planning Commission City of Santa Ana Resolution No. 2012-10 Page 4 of 6 31 B-16 Conditions for Approval for Variance No. 2012-07 Should the Planning Commission approve Variance No. 2012-07, 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. 2012-2 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. Prior to submittal into building plan check, a detailed landscape plan (working drawings) shall be submitted to staff for review. The plan shall note that trees will not be planted immediately adjacent to the multi-family residential buildings (added by Planning Commission on September 24, 2012) 4. 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. 5. The required trees shall be upgraded to 24-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 north and west property lines. 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 Resolution No. 2012-10 Page 5 of 6 31 B-17 to current code standards. Lighting standards cannot be located in required landscape planters and must incorporate shields to prevent light intrusion on the adjacent multi-family residential buildings (added by Planning Commission on September 24, 2012). 2. Signs shall be posted on the property prohibiting overnight parking. (added by Planning Commission on September 24, 2012). Resolution No. 2012-10 Page 6 of 6 31 B-18