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HomeMy WebLinkAboutRESO 2016-33_3300-3398 S Bristol St (Parking Variance)LS 7/25/16 RESOLUTION NO. 2016-33 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2016-06 AS CONDITIONED TO ALLOW A REDUCTION IN REQUIRED PARKING FOR THE PROPERTY LOCATED AT 3300-3398 SOUTH 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. The Applicant is requesting approval of Variance No. 2016-06 to allow a reduction in the required parking for an existing commercial center at 3300- 3398 South Bristol Street. B. Variance No. 2016-06 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on July 25, 2016 to consider all testimony, written and oral. C. Variance No. 2016-06 has been filed with the City of Santa Ana seeking to reduce the required parking standards set by Santa Ana Municipal Code section 41-1341. 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. 2016-06 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 South Bristol Street that is surrounded by commercial and residential uses. Due to its location, there is no feasible option for providing the additional parking that the Santa Ana Municipal Code requires for restaurant uses. The number of on-site parking spaces will be Resolution No. 2016-33 Page 1 of 5 sufficient as identified in the parking analysis for the project, which has determined that a surplus of parking spaces will be If 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 tenant spaces to uses that will contribute to identifying the site as an economically viable development. The available tenant spaces within the center have accommodated a variety of retail tenants that have been unsuccessful in remaining viable. The granting of the variance will allow additional commercial uses 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. f 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 vacant tenant spaces, 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. The project will not adversely affect the General Plan as the proposed restaurant uses are consistent with Goals 1 and 2 of the Land Use Element of the General Plan. These goals encourage uses such as restaurants that promote a balance Resolution No. 2016-33 Page 2 of 5 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. Significant tenant and site improvements will occur on the site that will enhance the overall appearance of the center, thereby resulting in an increase in investment on the site. Finally, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. The proposed restaurant uses will be located in a commercial area and their operations 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 existing retail tenant spaces within a commercial center. No expansion of square footage or interior reconfigurations of existing square footage is proposed as part of the project. The proposed restaurant tenants have been found by the City's development review agencies to not create any adverse impacts. The restaurant uses are 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 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. 2015-125 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. 2016-33 Page 3 of 5 Section 3. The Planning Commission, after conducting the public hearing, hereby approves Variance No. 2016-06 as conditioned in Exhibit A attached hereto and incorporated herein, to reduce the required parking standards for an existing commercial center at 3300-3398 South 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 July 25, 2016, and exhibits attached thereto, and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 25th day of July, 2016 by the following vote: AYES: Commissioners: Bacerra, Bauer, Gartner, McLoughlin (4) NOES: Commissioners: None (0) ABSENT: Commissioners: Alderete, Verino (2) ABSTENTIONS: Commissioners: None (0) LynLynnette Verino 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. 2016-33 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on July 25, 2016. Date: 71o7all � Acting Recording Secretary City of Santa Ana Resolution No. 2016-33 Page 4 of 5 a 4 3 EXHIBIT A Conditions of Approval for Variance No. 2016-06 Should the Planning Commission approve Variance No. 2016-06, 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 Lo 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. 2015-53 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 whether 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. A minimum of 10 bike racks shall be installed throughout the project site; and, c. All dead and/or missing landscaping shall be replaced. Resolution No. 2015-33 Page 5 of 5