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HomeMy WebLinkAboutRESO 2017-28_123 E 11th StLS 8,28 17 RESOLUTION NO. 2017-28 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2017-02 AS CONDITIONED TO ALLOW A REDUCTION IN LANDSCAPED SETBACKS FOR THE PROPERTY LOCATED AT 123 EAST ELEVENTH 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. Applicant is requesting approval of Variance No. 2017-02 to allow the construction of an 885 -square -foot building expansion for The Orange County School of the Arts ("OCSA") at 123 East Eleventh Street. B. Chapters 5 and 8 of the Midtown Specific Plan (SP -3) require a 10 -foot landscaped setback along Bush Street and a 10 -foot landscaped setback along Eleventh Street in the Financial District/Bush Street Professional District subzones of the Midtown Plan. C. On August 28, 2017, the Planning Commission held a duly noticed public hearing on Variance No. 2017-02. D. The Planning Commission of the City of Santa Ana determines that the following findings, which must be established in order to grant this variance pursuant to Santa Ana Municipal Code Section 41-638, have been established for Variance No. 2017-02 to allow a reduction in landscaped setbacks: 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, that 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 special circumstances that warrant approval of a variance. First, the building currently does not comply with the City's setback standards. When the structure was built in 1924, zoning and development standards such as setbacks did not exist. To comply with the current development standards found in the Midtown Specific Plan, approximately 50 percent of the existing building would have to be demolished to make the building comply with code. This Resolution No. 2017-28 Page 1 of 6 would effectively result in the creation of an unusable building and would be a significant burden on the property owner. Further, since other buildings along Eleventh and Bush Streets do not comply with the setback standard, this building would be inconsistent with the development pattern of the area. Finally, by allowing the building to expand and maintain the existing setback, it will assist in improving vehicular and pedestrian circulation on the site. As a result, special circumstances exist that warrant a variance. 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. Allowing the building to be constructed with a reduced setback will allow the owner the ability to construct a larger, more functional building on an underutilized parcel of land. The strict application of the standards would result in an impact to the internal circulation pattern of the site and would result in a reduction in parking for OCSA, which would make the office use infeasible at this location. Therefore, the granting of the variance is necessary for the preservation and enjoyment of substantial property rights and will preserve the property owner's right to develop on the site with a use that is allowed in the zoning district and will assist in revitalizing the area, which preserves the property owner's right to upgrade and develop their property. 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 landscape setbacks. The building expansion and related site improvements such as new landscaping will enhance this property as well as the surrounding properties. The proposed addition has been designed to be compatible with the surrounding properties, including the adjacent residential properties, through site design and conditions of approval. The proposed project will make a substantial capital investment in the site, thereby enhancing this property and the surrounding properties. Resolution No. 2017-28 Page 2 of 6 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 office use is a permitted use in the District Center land use designation. In addition, the project is consistent with several goals and policies of the General Plan, including Goal 2 to promote land uses which enhance the City's economic and fiscal viability, Goal 3 to preserve and improve the character and integrity of existing neighborhoods, and Goal 5 to ensure that the impacts of development are mitigated. The project is also consistent with Land Use Element Policy 2.8 to promote the rehabilitation of commercial properties and encourages increased levels of capital investment, Policy 2.10 supports new development which is harmonious in scale and character with existing development in the area, and Urban Design Element Policy 1.5 encourages projects that include enhanced architectural forms, textures, colors and materials. The building and its addition are consistent with these goals and policies and has been designed to provide architectural and visual interest to the site and adjacent community. E. In accordance with the California Environmental Quality Act the recommended action is exempt from further review per Section 15332. This Class 32 exemption allows infill development provided it is consistent with the zoning and General Plan, is on a project site of no more than five acres surrounded by urban uses, does not have any noise or traffic impacts, and can be served by existing utilities. The proposed office building expansion has been found by the City's development review agencies to not create any adverse impacts. The building 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 several office buildings in the area, 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. As a result, Categorical Exemption Environmental Review No. 2017-45 will be filed for this project. Resolution No. 2017-28 Page 3 of 6 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. Section 3. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Variance No. 2017-02 as conditioned in Exhibit A attached hereto and incorporated herein, for the project located at 123 East Eleventh Street. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Request for Planning Commission Action dated August 28, 2017, and exhibits attached thereto; and, the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 28th day of August, 2017 by the following vote: AYES: Commissioners: Alderete, Bacerra, Contreras -Leo, McLoughlin, Mendoza, Verino (6) NOES: Commissioners: None (0) ABSENT: Commissioners: Nguyen (1) ABSTENTIONS: Commissioners: None (0) Ly nette Verino Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:C— Lisa Storck Assistant City Attorney Resolution No. 2017-28 Page 4 of 6 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, ROSA BARELA, Acting Recording Secretary, do hereby attest to and certify the attached Resolution No. 2017-28 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on August 28, 2017. Date: X Id g/j 7 Acting Recording Secretary City of Santa Ana Resolution No. 2017-28 Page 5 of 6 EXHIBIT A Conditions of Approval Variance No. 2017-02 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 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. 1. All proposed site improvements must conform to the Site Plan Review approval of DP No. 2017-18. 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. �f 3. Prior to approval of Certificate of Occupancy, all on-site improvements shall be made in accordance with the submitted plans. 4. Prior to submittal into building plan check, a final landscape plan shall be submitted for review and approval. The landscape plan shall incorporate an increase in sizes of the landscape palette to 24 -inch box trees, 15 -gallon shrubs and 5 -gallon ground cover. 5. Landscaping, once installed, shall be maintained per the approved landscape plan. After project occupancy, landscaping is to be maintained to include the minimum level of plant materials installed at the time of occupancy and per the approved plan. Resolution No. 2017-28 Page 6 of 6