HomeMy WebLinkAboutRESO 2016-30_1400 W Edinger Ave (24 Hr Fitness Pkg VA)LS 7/11/16
RESOLUTION NO. 2016-30
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING VARIANCE NO.
2016-05 AS CONDITIONED TO ALLOW A REDUCTION IN
REQUIRED PARKING FOR THE PROPERTY LOCATED
AT 1400 WEST 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. The Applicant is requesting approval of Variance No. 2016-05 to allow a
reduction in the required parking for a proposed 24 Hour Fitness health club
at 1400 West Edinger Avenue.
B. Variance No. 2016-05 came before the Planning Commission of the City
of Santa Ana for a duly noticed public hearing on July 11, 2016 to consider
all testimony, written and oral.
C. Variance No. 2016-05 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. The
Planning Commission determines that for Variance No. 2016-05 the
following findings 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 has a special circumstance related to its
location and surroundings. The proposed use will be located
within a built -out retail center on West Edinger Avenue that is
surrounded by commercial and residential uses and
transportation corridors. Due to its location, there is no
feasible option for providing the additional parking that the
Santa Ana Municipal Code requires for the health club. The
number of on-site parking spaces will be sufficient as identified
in the parking analysis for the project, which has determined
Resolution No. 2016-30
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that a surplus of parking spaces will be provided for the
project, even during times of peak demand. 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 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 has accommodated
a variety of clothing and household goods retail tenants that
have been unsuccessful in remaining viable. The granting of
the variance will allow a new type of commercial use to
establish itself in the existing retail center, contributing to the
overall success of the former anchor building's reconfiguration
and the site as a whole.
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 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 or residential 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 site. Finally, conditions
have been placed to ensure that the site be 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 health club use is consistent with Goals 1
and 2 of the Land Use Element of the General Plan. These
goals encourage uses such as 24 Hour Fitness that promote
Resolution No. 2016-30
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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 consistent with Policy 2.2 of the Land
Use Element, which supports commercial uses that
accommodate the City's needs for goods and services.
Furthermore, Policy 2.8 of the Land Use Element promotes
the rehabilitation of commercial properties, and encourages
increased levels of capital investment. The tenancy of 24
Hour Fitness will include significant tenant improvements to a
building that has remained vacant due to significant shifts in
department store restructurings. Finally, Policy 5.5 of the Land
Use Element encourages development that is compatible with
and supporting of surrounding land uses. 24 Hour Fitness will
be located in a commercial area and its operation will be
compatible with the surrounding commercial businesses.
E. In accordance with the California Environmental Quality Act the
recommended action is exempt for further review per Section 15301. The
Class 1 exemption allows the operation, repair, maintenance, permitting, or
leasing of existing structures. The project consists of the re -tenanting of an
existing anchor store building. No expansion of square footage or interior
reconfigurations of existing square footage is proposed as part of the
project. The proposed tenant has been found by the City's development
review agencies to not create any adverse impacts. The fitness center is
proposed to be located on a site that is not designated by federal, state, or
local agencies to be an environmental resource of hazardous or critical
concern. The cumulative impact of this project will not be significant as
there are no other fitness facilities currently on or near the site, the
property is already served by roads and utilities, and will not create any
adverse impacts such as noise, traffic, or safety concerns. There is no
reasonable possibility that the project will have a significant effect on the
environment due to unusual circumstances. The project is not located
within a highway officially designated as a state scenic highway and will
not result in damage to scenic resources. The project is not located on a
site which is included on any list compiled pursuant to Section 65962.5 of
the Government Code. Lastly, the project is not proposed on a site that is
considered a historical resource or that is listed in the Santa Ana Register
of Historic Properties. As a result, Categorical Exemption Environmental
Review No. 2016-08 will be filed for this project.
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
project, and any approvals associated with the project, including, without limitation, any
environmental review or approval, except to the extent caused by the sole negligence of
the City of Santa Ana.
Resolution No. 2016-30
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Section 3. The Planning Commission, after conducting the public hearing,
hereby approves Variance No. 2016-05 as conditioned in Exhibit A attached hereto and
incorporated herein, to reduce the required parking standards for a health club at 1400
West 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 July 11, 2016, and exhibits attached thereto, and the public
testimony, all of which are incorporated herein by this reference.
ADOPTED this 11th day of July, 2016 by the following vote:
AYES: Commissioners: Alderete, Bacerra, Bauer, Gartner, McLoughlin (5)
NOES: Commissioners: None (0)
ABSENT: Commissioners: Verino (1)
ABSTENTIONS: Commissioners: None (0)
4rtner,�
Chairperson
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
Lisa Storck
Assistant City Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, ROSA BARELA, Acting Recording Secretary, do hereby attest to and certify the
attached Resolution No. 2016-30 to be the original resolution adopted by the Planning
Commission of the City of Santa Ana on July 11, 2016.
Date: 7//1 // (o
Acting Recording Secretary
City of Santa Ana
Resolution No. 2016-30
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EXHIBIT A
Conditions of Approval for Variance No. 2016-05
Should the Planning Commission approve Variance No. 2016-05, 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. 2016-3 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 the issuance of building permits, all donation bins must be
removed from the premises.
4. Prior to the issuance of building permits, a final landscape plan
must be submitted. The plan shall include the location and type of
new landscaping to be installed as well as details on the irrigation
system to ensure continued maintenance of the landscaping.
5. Prior to occupancy of the building, following items shall be
completed:
a. The parking lot shall be repaired, repaved and restriped to City
standards;
b. The entire building shall be repainted;
c. The damaged loading door on the west elevation shall be
replaced;
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d. A trash enclosure shall be built at the southeast section of the
site;
e. Vine pockets shall be installed on the south and west perimeter
wall at a rate of 15 feet on center;
f. A minimum of four bike racks shall be installed adjacent to the
project entrance; and,
g. The recycling center in the north parking lot shall be removed.
I
Resolution No. 2015-30
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