HomeMy WebLinkAbout181022_RESO 2018-32_2301 N TUSTIN AVENUERESOLUTION NO. 2018-32 Ls 10.22.18
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING VARIANCE NO.
2018-11 AS CONDITIONED TO ALLOW FOR A DRIVEWAY
WITHIN 150 -FEET OF AN INTERSECTION AT 2301
NORTH TUSTIN 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. Ralph Deppisch, representing The Liese L. Rego Family Trust ("Applicant'),
is requesting approval of Variance No. 2018-11 as conditioned, to allow for
a driveway within 150 -feet of an intersection at 2301 North Tustin Avenue.
B. Santa Ana Municipal Code (SAMC) Section 41-428 states that no entry
way or exit ways shall be located within one hundred fifty (150) feet of any
street intersection corner radius. The Applicant is proposing a driveway
approximately 110 feet from the street intersection corner radius.
C. Pursuant to SAMC Section 41-638, the Planning Commission is
authorized to review and approve the variance for this project as set forth
by the Santa Ana Municipal Code.
D. On October 8, 2018, the Planning Commission held a duly noticed public
hearing for Variance No. 2018-11. At the conclusion of the public hearing,
the Commission continued the item to the October 22, 2018 Planning
Commission meeting and asked staff and the Applicant to review potential
traffic safety measures.
E. The Planning Commission of the City of Santa Ana has considered the
information and determines that the following findings, which must be
established in order to grant Variance No. 2018-11, for vehicle access
within 150 feet of an intersection as required by SAMC Section 41-638:
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.
There are special circumstances related to the existing
dimensions of the property. The property is located at the
northeast corner of Tustin and Santa Clara Avenues and is
currently 125 feet by 125 feet. In order to provide direct
vehicular access which is needed for any commercial
Resolution No. 2018-32
Page 1 of 7
business, a variance from the development standards of the
Arterial Commercial zoning district is required. In addition,
the proposed project will improve the existing conditions, by
eliminating three (3) existing driveways to the site and
replacing them with curb and sidewalks constructed to City
standards and allowing the site to be developed with a less
intense commercial use.
2. That the granting of a variance is necessary for the preservation
and enjoyment of one (1) or more substantial property rights.
Granting this variance is necessary for the preservation and
enjoyment of substantial property rights. Vehicular access is
required for the viability of any commercial business. In
addition, the proposed tenant Starbucks is requesting a
driveway along Tustin Avenue to provide direct access for
customers traveling north. Tustin Avenue is a north -south
arterial street with access to the State Route 22 highway and
provides local access to east -west arterials. Providing
vehicular access from both Tustin and Santa Clara Avenues
will increase opportunities for sales.
3. That the granting of a variance will not be materially detrimental to
the public welfare or injurious to surrounding property.
Granting this variance will not be detrimental to the public or
surrounding properties. The Public Works Agency reviewed
the proposed plans and did not identify concerns regarding
the location of the driveway. The design of the driveways,
drive aisles and parking areas are safe and practical.
Additionally, the property owner to the north did not want
vehicles from the subject property on their site, so the
driveway will provide customers with direct access to the
subject site.
4. That the granting of a variance will not adversely affect the General
Plan of the city.
The variance for vehicle access will not adversely affect the
General Plan. The project is located in a General Commercial
(GC) General Plan land use designation which allows for
commercial uses such as retail, service and eating
establishment uses. The project is consistent with several
goals and policies of the General Plan, including the Economic
Development Element, Land Use Element, and Urban Design
Element. Land Use Element Goal 1 promotes a balance of
land uses to address basic community needs. Policy 1.10,
encourages the location of commercial centers at arterial
roadway intersections in commercial districts. The project will
provide for a new commercial building on two arterial streets.
Resolution No. 2018-32
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Land Use Element Goal 2 promotes land uses that enhance
the City's economic and fiscal viability. Policy 2.8, promotes
rehabilitation of commercial properties, and encourages
increased levels of capital investment. The driveway will
contribute to the viability of the commercial center in which it
is located and the existing building will be rehabilitated to
match the design of the new building. Policy 2.9, supports
developments that create a business environment that is safe
and attractive. The Condition of Approval for property
maintenance will maintain a safe and attractive environment
in the community. Economic Development Element Goal 2
maintains and enhances the diversity of the City's economic
base. Policy 2.3 encourages the development of mutually
beneficial and supportive business clusters within the
community. Urban Design Element Goal 1 improves the
physical appearance of the City through development of
districts that project a sense of place, positive community
image and quality environment. Specifically, Policy 1.5
enhances architectural forms, textures, colors, and materials
for all projects.
Section 2. In accordance with the California Environmental Quality Act, the
project is exempt from further review per Section 15303 of the Guidelines for the
California Environmental Quality Act. The Class 3 exemption applies to the construction
of small structures, which in an urbanized area is defined as a building not exceeding
10,000 square feet in floor area, on sites zoned for such use, not using significant
amounts of hazardous substances, where public services are available and the
surrounding area is not environmentally sensitive.
The proposed building is 3,567 square feet in floor area within the Arterial
Commercial zone which allows for service, retail and commercial uses. The proposed
tenants are not anticipated to use significant amounts of hazardous substances. There
are public services available through the City of Santa Ana and the Orange County Fire
Authority and the surrounding area is not environmentally sensitive. As a result,
Categorical Exemption, Environmental Review No. 2017-136 will be filed for this project.
Section 3. 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 4. The Planning Commission of the City of Santa Ana, after conducting
the public hearing, hereby approves Variance No. 2018-11 as conditioned in Exhibit A,
attached hereto and incorporated as though fully set forth herein. 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 October 8, 2018 and October 22,
Resolution No. 2018-32
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2018, and exhibits attached thereto; and the public testimony, written and oral, all of which
are incorporated herein by this reference.
ADOPTED this 22nd day of October, 2018.
AYES: Commissioners: MCLOUGHLIN, MENDOZA, NGUYEN, VERINO
(4)
NOES: Commissioners:
ABSENT: Commissioners:
ABSTENTIONS: Commissioners: ALDERETE, CONTRERAS-LEO, REYNA (3)
Mark McLoughlin
Chairperson
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By: v�
Lisa Storck
Assistant City Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, SARAH BERNAL, Recording Secretary, do hereby attest to and certify the attached
Resolution No. 2018-32 to be the original resolution adopted by the Planning
Commission of the City of Santa Ana on October 22, 2018.
Date: �,ti�'�� l U Q��/ '1PlL✓
Recording Secretary
City of Santa Ana
Resolution No. 2018-32
Page 4 of 7
EXHIBIT A
Conditions of Approval for Variance No. 2018-11
Variance No. 2018-11 is approved subject to compliance, to the reasonable satisfaction of
the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the
California Administrative Code, the California Building Standards Code, and all other
applicable regulations. In addition, they shall meet the following conditions of approval:
The Applicant must comply with each and every condition listed belowrip or to exercising
the rights conferred by this variance.
I. The Applicant must remain in compliance with all conditions listed below
throughout the life of the conditional use permit. Failure to comply with each and every
condition may result in the revocation of the conditional use permit.
1. All proposed site improvements must conform to the Site Plan Review (DP No. 2017-
37) and the staff report exhibits.
2. Any amendment to this conditional use permit must be submitted to the Planning
Division for review. At that time, staff will determine if administrative relief is available or
the conditional use permit must be amended.
3. Prior to the issuance of a building permit, a lot merger for 2031 North Tustin Avenue
and 2151 East Santa Clara Avenue shall be recorded.
4. Prior to the issuance of a certificate of occupancy, the non -conforming pole sign on
2151 East Santa Clara Avenue must be removed.
5. Prior to the issuance of a building permit, a landscape and irrigation plan is to be
submitted for review and approval. The landscape plan shall conform to the
commercial landscape standards, Citywide Design Guidelines and the City's Water
Efficient Landscape Ordinance.
6. Prior to the issuance of a building permit, a Property Maintenance Agreement must
be recorded against the property. The Agreement will be subject to review and
applicability by the Planning and Building Agency, the Community Development
Agency, the Public Works Agency, and the City Attorney to ensure that the property
and all improvements located thereupon are properly maintained, Developer (and
the owner of the property upon which the authorized use and/or authorized
improvements are located if different from the Applicant) shall execute a
maintenance agreement with the City of Santa Ana which shall be recorded against
the property and which shall be in a form reasonably satisfactory to the City
Attorney. The Maintenance Agreement shall contain covenants, conditions and
restrictions relating to the following:
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(a) Compliance with operational conditions applicable during any period(s) of
construction or major repair (e.g., proper screening and securing of the
construction site; implementation of proper erosion control, dust control and
noise mitigation measure; adherence to approved project phasing etc.); E
(b) Compliance with ongoing operational conditions, requirements and
restrictions, as applicable (including but not limited to hours of operation, security
requirements, the proper storage and disposal of trash and debris, enforcement
of the parking management plan, and/or restrictions on certain uses,
(c) Ongoing compliance with approved design and construction parameters,
signage parameters and restrictions as well as landscape designs, as applicable;
(d) Ongoing maintenance, repair and upkeep of the property and all
improvements located thereupon (including but not limited to controls on the
proliferation of trash and debris about the property; the proper and timely removal
of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized
and/or weathered buildings, structures and/or improvements; the timely
maintenance, repair and upkeep of exterior paint, parking striping, lighting and
irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom
fixtures, landscaping and related landscape improvements and the like, as
applicable);
(e) If Developer and the owner of the property are different (e.g., if the Applicant
is a tenant or licensee of the property or any portion thereof), both the Applicant
and the owner of the property shall be signatories to the maintenance agreement
and both shall be jointly and severally liable for compliance with its terms.
(f) The Maintenance Agreement shall further provide that any party responsible
for complying with its terms shall not assign its ownership interest in the property
or any interest in any lease, sublease, license or sublicense, unless the
prospective assignee agrees in writing to assume all of the duties and obligations
and responsibilities set forth under the Maintenance Agreement.
(g) The Maintenance Agreement shall contain provisions relating to the
enforcement of its conditions by the City and shall also contain provisions
authorizing the City to recover costs and expenses which the City may incur
arising out of any enforcement and/or remediation efforts which the City may
undertake in order to cure any deficiency in maintenance, repair or upkeep or to
enforce any restrictions or conditions upon the use of the property. The
maintenance agreement shall further provide that any unreimbursed costs and/or
expenses incurred by the City to cure a deficiency in maintenance or to enforce
use restrictions shall become a lien upon the property in an amount equivalent to
the actual costs and/or expense incurred by the City.
(h) The execution and recordation of the Maintenance Agreement shall be a
condition precedent to the issuance of final approval for any construction permit
related to this entitlement.
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II. The followinq are requirements that will need to be addressed and/or approved
by the Police Department prior to issuance of a building permit:
1. Submitted plans must indicate that all structures and parking lots comply with the
provisions of Chapter 8, Article Il, Division 3 of the Santa Ana Municipal Code
(Building Security Ordinance). All applicable sections must be printed verbatim on
the submitted set of plans.
III. The following are requirements that will need to be addressed and/or approved
by the Orange County Fire Authority prior to issuance of a building permit:
1. Prior to the issuance of a building permit, the Applicant shall submit the
Architectural Plans (PR208) for Starbucks to the Orange County Fire Authority
for review and approval.
IV. The following are requirements that will need to be addressed and/or approved
by the Public Works Agency prior to issuance of a building permit:
The Applicant shall submit plans to install a "pork chop" right -turn only directional
curb on-site within the driveway on Tustin Avenue. The driveway and "pork chop"
shall be designed to City Standards and approved by the Public Works Agency.
The improvements shall be installed prior to issuance of a Certificate of
Occupancy.
The Applicant shall submit plans showing the installation of a right -turn only sign
at the Santa Clara Avenue driveway. The improvements shall be installed prior to
issuance of a Certificate of Occupancy.
The Applicant shall submit payment of the fair -share contribution in the amount of
$30,898.00 for the Santa Clara Avenue and Tustin Avenue traffic signal
modification.
Resolution No. 2018-32
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