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HomeMy WebLinkAbout181022_RESO 2018-35_325 N TUSTIN AVELS 10.8.18 RESOLUTION NO. 2018-35 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2018-10 AS CONDITIONED TO ALLOW FOR REDUCED YARDS FOR A SERVICE STATION AT 325 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. Applicant, Richard Finkel, representing Russell Fischer LP, is requesting approval of Variance No. 2018-10 as conditioned, to allow for reduced front and street side yards for a service station and convenience store at 325 North Tustin Avenue. B. Santa Ana Municipal Code (SAMC) Sections 41-368 and 41-380 require a 15 foot minimum front yard and Sections 41-369 and 41-381 require a 15 foot minimum street side yard. The Applicant is proposing front and side yards that are 5 feet, 6 inches. 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. 2018-10. 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. 2018-10, for reduced yards, have been established 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 property being a corner lot, required street dedications, the proposed use and existing on-site improvements. An 8 -foot dedication is required along Fourth Street and a 2 -foot dedication is required along Tustin Avenue therefore reducing the usable Resolution No. 2018-35 Page 1 of 7 size of the property. Furthermore, the site is a corner lot which requires yards on both street frontages which further compromises the developable area. In addition, the Applicant is proposing to use the existing underground storage tanks that are already on site. In order to prevent traffic disruption to the public streets and sidewalks, tanker trucks fill storage tanks by parking on the property, these trucks require a large turning radius and due to the existing location of the underground tanks a 15 -foot setback would not allow for a tanker truck to circulate on-site. Relocating the underground storage tanks would be a significant financial burden to the property owner. 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. A service station is a permitted use in the General Commercial zone. The property is currently a service station, car wash and convenience store with minimal landscaping. The proposed development will have more landscaping than what is currently on site and will allow for continued operations. Approving a variance for reduced landscape setbacks would allow the property owner to make building improvements to the site and continue the service station use. 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 proposed project will eliminate the car wash operations and reduce the number of driveways to the site. In addition, the building has been designed to incorporate high quality materials, enhanced landscaping and will continue to provide a service to the nearby community and public. The surrounding uses are commercial and professional uses and will not be impacted by the reduced yards. 4. That the granting of a variance will not adversely affect the General Plan of the city. The variance for reduced yards will not adversely affect the General Plan, General Plan Amendment No. 2018-05 will amend the land use designation for the subject property to General Commercial (GC) which allows service stations and commercial uses. The project is consistent with several goals and policies of the General Plan, including the Circulation Element, Economic Development Element, Land Use Resolution No. 2018-35 Page 2 of 7 Element, and Urban Design Element. Land Use Element Goal 2, to promote land uses that enhance the City's economic and fiscal viability. Furthermore, the project is consistent with Policy 2.8, to promote rehabilitation of commercial properties, and encourage increased levels of capital investment. The condition of approval for property maintenance will maintain a safe and attractive environment in the community. Policy 5.5 encourages development that is compatible with and supporting of surrounding land uses. The service station and its operations are compatible with the surrounding commercial and professional businesses. Economic Development Goal 2 to maintain and enhance the diversity of the City's economic base. Policy 2.3 to encourage the development of mutually beneficial and supportive business clusters within the community. Circulation Element Goal 2 to promote design and construction that facilitates safe utilization of the City's transportation system. Policy 2.1 to limit the number of driveways on arterial streets to reduce vehicular conflict, and facilitate traffic flow. Urban Design Goal 1 to improve the physical appearance of the City through development of districts that project a sense of place, positive community image and quality environmental. Specifically, Policy 1.5 to include enhanced architectural forms, textures, colors, and materials are expected in the design of all projects. Section 2. Mitigated Negative Declaration (Environmental Review No. 2016- 156) and a Mitigation Monitoring and Reporting Program was prepared with respect to this project. The Planning Commission has, as a result of its consideration of the record as a whole and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, Environmental Review No. 2016-156 meets all the requirements of CEQA and recommends City Council approval. Section 3. Variance No. 2018-10 shall not be effective until the City Council reviews and approves the Mitigated Negative Declaration Environmental Review No. 2016-156, General Plan Amendment No. 2018-05 and Amendment Application No. 2018- 08. If said approvals are held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise denied, then this variance shall be null and void and have no further force and effect. Section 4. 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 5. The Planning Commission of the City of Santa Ana, after conducting the public hearing, hereby approves Variance No. 2018-10 as conditioned in Exhibit A, Resolution No. 2018-35 Page 3 of 7 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 exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 8th day of October, 2018. AYES: Commissioners: ALDERETE, CONTRERAS-LEO, MCLOUGHLIN, REYNA, VERINO (5) NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: MENDOZA, NGUYEN (2) Mark McLoughlin Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:' ,, 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. 2018-35 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on October 8, 2018. Date: 10 / g jl� Recording Secretary City of Santa Ana Resolution No. 2018-35 Page 4 of 7 EXHIBIT A Conditions of Approval for Variance No. 2018-10 Variance No. 2018-10 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 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 (DP No. 2016- 45) and the staff report exhibits. 2. The Applicant shall comply with the Mitigation Measures within the Mitigation Monitoring and Reporting Program prepared for the project. 3. 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. 4. Prior to the issuance of a building permit a reciprocal access and parking agreement shall be approved by the City Attorney & Planning Manager and recorded to the property. 5. Prior to the issuance of a building permit, a landscape and irrigation plan shall 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. 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: Resolution No. 2018-35 Page 5 of 7 (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.); (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. Resolution No. 2018-35 Page 6 of 7 II. The following 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 II, 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 Public Works Agency prior to issuance of a building permit: 1. The site plan shall include all improvements as indicated in the Site Plan Review (DP No. 2016-45) plans dated July 6, 2018. 2. The site plan shall depict and note all easements listed in the title reports for both properties, with Assessor Parcel Number 400-032-02 and 400-032-03. 3. The site plan shall depict all public utilities. 4. Any mitigation measure identified in the Traffic Impact Analysis study shall be depicted and noted on the site plan prior to approval. 5. The site plan shall depict and note a 15 foot by 15 foot sight distance triangle at all driveway entrances. 6. The site plan shall depict and note a 25 foot by 25 foot site distance triangle at all street corners. 7. Separate public water meters shall be installed for individual commercial areas and irrigation systems. The site plan shall have a note for the reviewer indicating so and depict all improvements. 8. A public sewer main shall be constructed along Fourth Street to accommodate the sewer discharge needs of the project. The size, location and limits are to be determined during plan check, including size and location of sewer laterals. The site plan shall have a note for the reviewer indicating so and depict all improvements. Resolution No. 2018-35 Page 7 of 7 c