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HomeMy WebLinkAboutRESO 2015-33_1760EEdingerLS 9.28.15 RESOLUTION NO. 2015 -33 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2015 -06 AS CONDITIONED TO REDUCE THE REQUIRED PARKING FOR THE PROPERTY LOCATED AT 1760 EAST EDINGER AVENUE 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. 2015 -06 to reduce the required parking standards for a health club within the PacificCenter retail center located at 1760 East Edinger Avenue. B. Variance No. 2015 -06 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on September 28, 2015, to consider all testimony, written and oral. C. Variance No. 2015 -06 has been filed with the City of Santa Ana seeking to reduce the required parking standards set by Santa Ana Municipal Code section 41 -1375. 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 size, shape and location. The proposed use will be located within a built -out commercial center on Edinger Avenue that is a major transportation corridor and surrounded by commercial, office and light industrial uses. Due to its location, there is no feasible option to providing additional parking the Santa Ana Municipal Code requires for a health club. The number of on- site parking spaces will be sufficient as identified in the parking analysis for the project, which has determined that a surplus of Resolution No. 2015 -33 Page 1 of 6 parking will be provided for the project given the dynamic of shared parking on -site. 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 community serving 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 building to a use that will contribute to identifying the site as an economically viable development. The tenant space that is the subject of this application accommodated an office supply retail tenant that was not successful in remaining viable. The granting of the variance will allow a new type of commercial use to establish itself in the existing commercial center, contributing to the overall success of the PacificCenter commercial integrated development. 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 or surrounding properties as the building and site have been designed to comply with all applicable development standards. As communicated in the parking analysis for the project, the site will have sufficient parking to accommodate the various uses during the peak parking hours on both weekdays and weekends. Therefore, the reduction in parking will not be detrimental to the surrounding community as it will not result in parking impacts affecting adjacent commercial, office or industrial neighborhoods. Further, the granting of the variance will allow the property owner to fill a long- vacant tenant space, contributing to the vitality and success of the existing commercial center. Finally, conditions have been placed to ensure that the site be in compliance with development standards applicable to the property, including providing bike parking facilities and drought tolerant landscape for new landscape planters at the project entry. Resolution No. 2015 -33 Page 2 of 6 4. That the granting of a variance will not adversely affect the General Plan of the City. The proposed use will not adversely affect the General Plan, but rather support its goals. Goal 1 of the Land Use Element encourages uses that promote a balance of land uses that address basic community needs. The project is in compliance with the Specific Development No. 69 zoning district and addresses the public interest of having more fitness centers to serve their needs and promote wellness. The project site has been upgraded to comply with all applicable development standards. Goal 2 encourages uses that enhance the City's economic and fiscal viability. After being vacant for a number of years, the project's occupation in the building will benefit the economic viability of the area. Finally, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. Planet Fitness will be located in a commercial center and its operation will be compatible with the surrounding commercial, office and industrial businesses and their operations. The fitness center will also provide services to local business employees that promote wellness. E. In accordance with the California Environmental Quality Act, the proposed project is exempt from further review pursuant to Section 15301(1), which is a categorical exemption applying to projects which consists of exterior modification and re- tenanting of an existing building involving negligible or no expansion of an existing use. In addition, the structure is already served by municipal services, such as roadway and utilities. Categorical Exemption Environmental Review No. 2015 -35 will be filed for this project. Section 2. The Planning Commission, after conducting the public hearing, hereby approves Variance No. 2015 -06 as conditioned in Exhibit "A" attached hereto and incorporated herein, to reduce the required parking standards for a health club within the PacificCenter retail center located at 1760 East Edinger Avenue. 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 28, 2015, and exhibits attached thereto; and the public written or oral testimony, all of which are incorporated herein by this reference. Resolution No. 2015 -33 Page 3 of 6 ADOPTED this 28th day of September, 2015. AYES: Commissioners: Bacerra, Bauer, Gartner, Mill, Nalle, Verino (6) NOES: Commissioners: None (0) ABSENT: Commissioners: Alderete (1) ABSTENTIONS: Commissioners: None (0) Ja es artner C 'airman APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, KAREN GERARDO, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2015 -33 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on September 28, 2015. Date: 9- -20-15 Planning Commission Secretary City of Santa Ana Resolution No. 2015 -33 Page 4 of 6 EXHIBIT A Conditions of Approval Variance No. 2015 -06 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with 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 with each and every condition listed below rip 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 site improvements must conform to the Site Plan Review approval of DP No. 2015 -15 and the staff report exhibits. 2. Any amendment to this variance must be submitted to the Planning Division and Police Department for review. At that time, staff will determine if administrative relief is available or the variance must be amended. 3. Covenants, Conditions, and Restrictions (CC &R's) for reciprocal parking and common access with adjacent property are to be maintained in perpetuity. 4. Prior to final certificate of occupancy, bicycle parking (eight short -term spaces and two four long -term locker spaces) shall be installed per approved site plan. Any modifications to the bike lockers overtime will require the approval of the Planning Manager. (Added by the Planning Commission on September 28, 2015.) 5. Prior to submittal into building plan check, submit a landscape plan that reflects the installation of drought tolerant landscaping and water efficient irrigation to be provided within new landscape planters. B. Police Department 1. Existing tenant space and required parking must conform to the provisions of Chapter 8, Article Il, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project's lighting, door /window locking devices and addressing be upgraded to current code standards. Resolution No. 2015 -33 Page 5 of 6 2. Provide a Closed Circuit Television System approved by the Police Department and capable of viewing and recording events at both the front and rear parking areas with monitoring capability from management offices at the facility. Provide a tape or disc storage library of recorded cameras kept for a minimum of 60 days. Resolution No. 2015 -33 Page 6 of 6