Loading...
HomeMy WebLinkAboutRESO 2016-13_5105 W 1st St (Huynh Coml Bldg)LS 03.28.16 RESOLUTION NO. 2016-13 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2016-02 AS CONDITIONED TO ALLOW A REDUCTION IN STREET FRONTAGE FOR THE HUYNH COMMERCIAL BUILDING TO BE LOCATED AT 5105 WEST FIRST 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. The Applicant is requesting approval of Variance No. 2016-02 to allow a reduction in the minimum street frontage required for a commercial development proposed at 5105 West First Street. B. Pursuant to Section 41-373 of the Santa Ana Municipal Code (SAMC), a commercial property in the General Commercial (C2) zoning district is required to have a minimum street frontage of 120 feet. C. Variance No. 2016-02 came before the Planning Commission of the City of Santa Ana on March 28, 2016 for a duly noticed public hearing to reduce the required street frontage to ninety (90) feet for the building to be located at 5105 West First Street. D. The Planning Commission determines that for Variance No. 2016-02 the following findings, which must be established pursuant to Santa Ana Municipal Code (SAMC) Section 41-638 in order to grant a variance from the provision of the Santa Ana Municipal Code have been established: 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 contains a special circumstance related to its size, shape and location. Due to the unique location of the site along a primary arterial street and its placement between two established land uses, the built out conditions adjacent to the parcel makes it infeasible for the applicant to obtain additional land to meet the minimum street frontage standard. Resolution No. 2016-13 Page 1 of 5 Therefore, denial of the variance would deprive the property owner the privilege of utilizing the site to its maximum potential. 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 variance would allow the property owner the opportunity to demolish an outdated building and replace it with a new commercial building with less than required street frontage. 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 minimum street frontage standard. Further, off-site improvements will be provided to address disabled accessibility issues from the public right-of-way to the site. The proposed building will blend with the surrounding buildings and will not be materially detrimental to the public welfare or injurious to surrounding 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 in any way as the land use designation of General Commercial (GC) allows commercial uses such as medical office, retail and professional office uses. Further, the project will be consistent with Goals 1, 2 and 3 of the Land Use Element as the project will promote a balance of land uses, will enhance the City's economic and fiscal viability and will improve the character and integrity of the neighborhood. F. In accordance with the California Environmental Quality Act, the recommended action has been reviewed through per Environmental Review No. 2014-110. It has been found that the project will not result in any impact on the environment and is therefore exempt by the General Rule provision of CEQA. Section 2. The applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this Resolution No. 2016-13 Page 2 of 5 project, and any approvals associated with the project, including, without limitation, any environmental review or approval, except to the extent caused by the negligence of the City of Santa Ana. Section 3. The Planning Commission of the City of Santa Ana hereby approves the variance for the project subject to conditions outlined in Exhibit A. 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 March 28, 2016, and exhibits attached thereto, and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 28th day of March, 2016 by the following vote: AYES: Commissioners: Alderete, Bacerra, Bauer, McLoughlin, Mill, Verino (6) NOES: Commissioners: None (0) ABSENT: Commissioners: Gartner (1) ABSTENTIONS: Commissioners: None (0) APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Lisa Storck Assistant City Attorney Resolution No. 2016-13 Page 3 of 5 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, ROSA BARELA, Acting Recording Secretary, do hereby attest to and certify the attached Resolution No. 2016-13 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on March 28, 2016. Date.. 0 /� 8Il & Acting Recording Secretary City of Santa Ana Resolution No. 2016-13 Page 4 of 5 EXHIBIT A Conditions of Approval for Variance No. 2016-02 Should the Planning Commission approve Variance No. 2016-02 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 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. 2014-35 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. There shall be no more than 3,200 square feet of retail space and 1,495 square feet of medical office space at any time. 4. Landscaping, once installed, shall be maintained per the approved landscape plan. 5. 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. Resolution No. 2016-13 Page 5 of 5