HomeMy WebLinkAbout151118_ZAReso2015-03_2110SMainMM — 11/10/15
RESOLUTION NO. 2015-03
A RESOLUTION OF THE ZONING ADMINISTRATOR OF
THE CITY OF SANTA ANA APPROVING MINOR
EXCEPTION NO. 2015-03 AS CONDITIONED TO REDUCE
THE REQUIRED PARKING TO 42 SPACES FOR THE
COMMERCIAL CENTER AT THE SOUTHWEST CORNER
OF ST. GERTRUDE PLACE AND MAIN STREET
(SUBWAY RESTAURANT AT 2110 SOUTH MAIN STREET)
BE IT RESOLVED BY THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA
AS FOLLOWS:
Section 1. The Zoning Administrator of the City of Santa Ana hereby finds,
determines and declares as follows:
A. Applicant is requesting approval of Minor Exception No. 2015-03 to reduce
the required parking standards for the Main Street and St. Gertrude Place
commercial center to permit a new restaurant within the center and located
at 2110 South Main Street.
B. Minor Exception No. 2015-03 came before the Zoning Administrator of the
City of Santa Ana for a duly noticed public hearing on November 18, 2015,
to consider all testimony, written and oral.
C. Minor Exception No. 2015-03 has been filed with the City of Santa Ana
seeking shared parking to reduce the required parking standards set by
Santa Ana Municipal Code section 41-1300.
D. Santa Ana Municipal Code Section 41-638.1 authorizes the Zoning
Administrator to grant a minor exception upon making certain findings.
1. That the shared use of required parking stalls between two or more
independent uses will not result in a conflict between parking for one
use and parking for another due to differences in time of primary
utilization of parking.
The parking analysis performed by the project's traffic
consultant determined that, based on the current parking
demand of the existing tenants, factoring in the proposed
restaurant use, and conservatively assuming only single
occupancy vehicle trips to the site (no carpooling or active
transportation travel modes), the project will generate a
demand that can adequately be served by the existing
parking lot. Conditions of approval have been imposed to
Resolution No. 2015-03
Page 1 of 5
ensure that the parking demand will remain constant, thus
ensuring an ample supply of parking. Therefore, the minor
exception will not result in parking conflicts between uses.
2. That the granting of a minor exception will not substantially increase
difficulties of vehicle maneuverability or traffic congestion on the
project site.
As the parking demand for the commercial center is expected
to be similar to the uses currently occupying the center, no
additional traffic congestion is anticipated from the proposed
restaurant use. Further, a review of the project by the Public
Works Agency did not identify a need for any type of traffic
mitigation for the restaurant and/or commercial uses. Finally,
adequate traffic systems and controls are found in the vicinity
of the center that will mitigate any potential impact, including
traffic signals, stop signs and raised medians. Therefore, the
minor exception will not increase traffic congestion or
difficulties maneuvering on site.
E. In accordance with the California Environmental Quality Act (CEQA), the
proposed project is exempt from further review pursuant to Section 15301,
which is a categorical exemption applying to projects which consist of
minor alterations to existing facilities including exterior modifications and re -
tenanting of an existing building. Categorical Exemption Environmental
Review No. 2015-17 will be filed for this project.
In support of the Categorical Exemption, the following findings have been
made as referenced in CEQA, Section 15300.2:
1. Cumulative Impact. The project, along with successive projects of
the same type in the same area, overtime shall not result in a
cumulative impact.
The parking study demonstrated that the existing parking facilities
could accommodate the additional parking demand on site.
Therefore, the proposed minor exception to allow shared parking at
the commercial center will not result in a cumulative impact on
parking in the area.
2. Significant Effect. The project shall not be used for an activity
where there is reasonable possibility that the activity will have a
significant effect on the environmental due to unusual
circumstances.
The minor exception will allow a restaurant use within an existing
commercial center. The use is consistent with the commercial uses
Resolution No. 2015-03
Page 2 of 5
allowed by the zoning district, and will not have any unusual or
significant effect on the environment.
3. Scenic Highways. The project shall not result in damage to scenic
resources, including but not limited to, trees, historic buildings, rock
outcropping, or similar resources, within a highway officially
designated as a state scenic highway.
The project is within an existing commercial center. The restaurant
use is not located on a designated state scenic highway, in a
historic building or scenic resource. Therefore, there will be no
damage to a scenic resource resulting from the proposed parking
reduction.
4. Hazardous Waste Sited. The project shall not be located on a site
which is included on any list compiled pursuant to Section 65962.5
of the Government Code.
The Official Hazardous Waste and Substance Site "Cortese" list
was consulted and the project site is not included on any known
hazardous waste site. This list is updated by the State Department
of Toxic Substances and reflects all available information on
hazardous sites.
5. Historic Resources. The project may not cause substantial adverse
change in the significance of a historical resource.
The subject property does not contain any known historic structure
or site features. The site was developed in 1987 with the existing
commercial center and surface parking lot. Thus, the proposed
minor exception for a reduction in parking on the existing developed
site will not cause any adverse impact to a historic resource.
Section 2. The Zoning Administrator, after conducting the public hearing, hereby
approves Minor Exception No. 2015-03 as conditioned in Exhibit "A" attached hereto
and incorporated herein, allow for shared parking for a new restaurant within the Main
Street and St. Gertrude Place commercial center located at 2110 South Main Street at a
total of forty-two (42) parking spaces. This decision is based upon the evidence
submitted at the above said hearing, which includes, but is not limited to: the Request
for Zoning Administrator action dated November 18, 2015, and exhibits attached
thereto; and the public testimony, all of which are incorporated herein by this reference.
Resolution No. 2015-03
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ADOPTED this 18th day of November, 2015.
Verny Carvajal
Zoning Administrator
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By: 4k1 c
Lisa Storck
Assistant City Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, JOCELYN MAGALONA, Zoning Administrator Secretary, do hereby attest to and
certify the attached Resolution No. 2015-03 to be the original resolution adopted by the
Zoning Administrator of the City of Santa Ana on November 18, 2015.
Date: �� S
Zoning Administrator Secretary
City of Santa Ana
Resolution No. 2015-03
Page 4 of 5
Conditions for Approval for Minor Exception No. 2015-03
Minor Exception 2015-03 is approved 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 minor exception.
The applicant must remain in compliance with all conditions listed below throughout the
life of the minor exception. Failure to comply with each and every condition may result in
the revocation of the minor exception.
A. Planning Division
1. All proposed site improvements must conform to the site plan review
approval of DP No. 2015-08.
2. Any amendment to this minor exception must be submitted to the Planning
Division for review. At that time, staff will determine if administrative relief is
available or if the minor exception must be amended.
3. A total of forty-two (42) parking spaces shall be maintained on the
premises at all times.
4. Prior to occupancy of the restaurant use, a total of eight (8) short term
bicycle parking spaces shall be provided to serve the center employees
and patrons. Final location and design of bicycle rack(s) shall be
approved by the Planning Division.
5. Site maintenance issues such as parking lot repair, missing roof tiles and
under -canopy lighting without permits shall be addressed prior to
occupancy of proposed restaurant use.
Resolution No. 2015-03
Page 5 of 5
PROOF OF SERVICE
(C.C.P. SECTION 1013(a), 2015.5)
STATE OF CALIFORNIA, COUNTY OF ORANGE
I am employed in the aforesaid county; I am over the age of eighteen and not a
party to the within action; my business address is 20 Civic Center Plaza, Ross Annex
2nd Floor, Santa Ana, California 92701.
I served the foregoing document described as: Resolution No. 2015-03 (Minor
Exce tion No. 2015-03 in this action by placing a true copy t ereo enc ose in sea e
envelopes allareSSed as follows:
David Berri
8221 Garden Grove Blvd.
Garden Grove, CA 92844
[ ] I caused to be delivered by courier, such envelope by hand to the office of the
addressee(s).
[X] BY MAIL I am readily familiar with my employer's practice of collection and
processing correspondence for mailing. Under that practice it would be deposited with
U.S. Postal Service on that same day with postage thereon fully prepaid at Santa Ana,
California in the ordinary course of business. I am aware that on motion of the party
served, service is presumed invalid if postal cancellation date or postage meter date is
more than one day after date of deposit for mailing in affidavit.
[ ] The document was transmitted by facsimile transmission and was reported as
complete and without error.
I declare under penalty of perjury under the laws of the State of California that
the foregoing is true and correct.
Executed on December 15, 2015 at Sna, California.
ant
JOCELYN MAGALONA