31A - CUP - 4412 WESTMINSTER AVE

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CUP No. 2016-36 and VA No. 2016-07 November 28, 2016 Page 4 viable location to operate a business and will revitalize vacant and underutilized parcels of land. Of the two project parcels, one has been vacant for over 15 years, with the other parcel containing a vacant building. Development of this site will identify this area of the City as an opportunity area for investment. Fourth, the proposed project will be in compliance with all applicable regulations and provisions of Chapter 41 of the Santa Ana Municipal Code, with the exception of front yard setbacks and building height, which the applicant is requesting a variance to obtain relief from these standards. All other provisions of the Code will be complied with, such as landscaping, trash enclosure, handicap path of travel and lighting will be provided to bring the site into compliance with code. Finally, the proposed use will not adversely affect the General Plan. Land Use Element Policy 2.2 supports commercial land uses in adequate amounts to accommodate the City's needs for goods and services. Land Use Element Policy 2.8 promotes rehabilitation of commercial properties, and encourages increased levels of capital investment. Urban Design Element Policy 1.5 encourages enhanced architectural forms, textures, colors and materials are expected in the design of all projects. The proposed automatic car wash will be consistent with each of these General Plan policies. Setback and Building Height Variances Santa Ana Municipal Code (SAMC) Section 41-380 requires a 15 -foot front yard landscaped setback for all properties in the General Commercial (C-2) zoning district. The applicant is requesting approval of a variance to reduce the required setback along Westminster Avenue from 15 feet to 10 feet. In addition, SAMC Section 41-382 limits commercial structures to 15 feet in height if located within 20 feet of residentially zoned or used property. As proposed, the building will be 12 feet in height adjacent to the mobile home park and 31 feet in height at its highest point when 10 feet away from the residences. Although the building will contain a step back, it will still exceed the maximum allowable height. As a result, a variance from the height standard is required. Through the variance process, the SAMC provides for the ability to vary from the development standards contained in the code where there is a condition unique to size, shape, topography, location or surroundings of the site. In this case, there are special circumstances of the subject site that would warrant a variance from the current development standards. The following outlines the unique challenge of this particular parcel of land that warrants approval of a reduction in the landscaped setback and building height standards. The project site is located on a corner lot fronting both Newhope Street and Westminster Avenue, major arterial streets as defined by the Circulation Element of the General Plan. Since the site fronts two arterial streets, a minimum setback of 15 feet is required on both frontages, which impacts the allowable footprint of the buildings. Second, the site is rectangular in shape, with the depth of the lot less than half of the lots width. Due to the linear shape of the lot, it is difficult, if not infeasible, to increase the size of the lot. There are limited options to increase the size of the lot to accommodate the car wash use without affecting neighboring properties due to the development pattern and built out environment surrounding the subject site. Third, a dedication of eight feet is 31A-6