HomeMy WebLinkAboutRESO 2019-10_1703 E 17TH STREET (VAR NO. 2018-13)RESOLUTION NO. 2019-10 LS 2.25.19
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING VARIANCE NO.
2018-13 AS CONDITIONED TO ALLOW CONSTRUCTION
OF A NEW DRIVEWAY WITHIN 150 FEET OF AN
INTERSECTION AT 1703 EAST SEVENTEENTH 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. Leon Felus, representing Redondo Auto Spa ("Applicant'), is requesting
approval of Variance No. 2018-13 as conditioned, to allow for a reduction
in required driveway distance within 150 feet of an intersection at 1703
East Seventeenth Street.
B. Santa Ana Municipal Code ("SAMC") Section 41-428 states 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 to construct a
new driveway approximately 142 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 February 25, 2019, the Planning Commission held a duly noticed
public hearing for Variance No. 2018-13.
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. 2018-13 for vehicle access
within 150 feet of an intersection as required by SAMC Section 41-638:
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 applicable to the subject
property. The subject site is located on the northeast corner
of Seventeenth and Mabury Streets. The project site has a
major public utility power pole located adjacent to the
entryway on Seventeenth Street. There is no feasible option
to relocate the major utility power pole with high voltage
Resolution No. 2019-10
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service lines and transformers. The variance will allow the
Applicant the ability to use the property in a manner that is
consistent with similar surrounding commercial uses. The
Arterial Commercial (C5) zoning district was envisioned to
create a strong and viable commercial district with
systematic development and landscaping standards.
2. That the granting of a variance is necessary for the preservation
and enjoyment of one (1) or more substantial property rights.
The granting of the variance for entryway location will
preserve the property owner's ability to construct an automatic
car wash that meets the current industry and development
standards as well as the City's and State's Building and Fire
codes. The granting of the variance will contribute the overall
success of the Seventeenth Street Corridor as a major
commercial corridor in the City as a whole.
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 materially detrimental
to the public welfare or injurious to the surrounding property.
The site will have safe and convenient access to
accommodate patrons through the entry way on Seventeenth
Street. The proposed entry way to the Rocket Express Car
Wash is located within 142 feet of the intersection and 10 feet
away from the major public utility power pole as it will not
result in a negative impact to the adjacent commercial or
residential neighborhoods. Conditions have been placed to
ensure that the site will be in compliance with all other
development standards applicable to the property.
4. That the granting of a variance will not adversely affect the General
Plan of the city.
The granting of the variance will not adversely affect the
General Plan of the City as the proposed automatic car wash
use is consistent with Goals 1 and 2 of the Land Use Element
of the General Plan. These goals encourage uses such as
car wash that promote a balance of land uses to address
basic community needs and which enhance the City's fiscal
viability. In addition, the project is consistent with Policy 2.2 of
the Land Use Element, which supports commercial uses that
accommodate the City's needs for goods and services.
Furthermore, Policy 2.8 of the Land Use Element promotes
the re -investment of commercial properties, and encourages
increased levels of capital investment. Significant site
improvements and the construction of a brand new automatic
car wash will occur on the site that will enhance the overall
Resolution No. 2019-10
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appearance of the Seventeenth Street Corridor, thereby
resulting in an increase in investment on the site and
surrounding properties. Finally, Policy 5.5 of the Land Use
Element encourages development that is compatible with and
supporting of surrounding land uses. The proposed
automatic car wash use will be located in a commercial area
and their operations will be compatible with the surrounding
commercial businesses.
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 new small facilities or structures, which in an urbanized area is defined as up to four
commercial buildings not exceeding 10,000 square feet in floor area, on sites zoned for
such use, not involving the use of significant amounts of hazardous substances, where
all necessary public services and facilities are available and the surrounding area is not
environmentally sensitive.
The proposed building contains 4,292 square feet within the Arterial Commercial
(C-5) zoning district, which allows for service, retail and commercial uses. The proposed
development is 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. 2018-116 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. 2018-13, as conditioned in Exhibit A,
attached hereto and incorporated herein for the project located at 1703 East
Seventeenth 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 February 25, 2019, and exhibits attached thereto; and the
public testimony, written and oral, all of which are incorporated herein by this reference.
*Signature page follows*
Resolution No. 2019-10
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ADOPTED this 25t1 day of February, 2019
AYES: Commissioners: ALDERETE, BENAVIDES, CANO, CONTRERAS-LEO,
MCLOUGHLIN, NGUYEN, VERINO (7)
NOES: Commissioners: NONE (0)
ABSENT: Commissioners: NONE (0)
ABSTENTIONS: Commissioners: NONE (0)
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:r J
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. 2019-10 to be the original resolution adopted by the Planning
Commission of the City of Santa Ana on February 25, 2019.
Date: ZIZ-'�IIh ;"k Jt/��
Recording Secretary
City of Santa Ana
Resolution No. 2019-10
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EXHIBIT A
Conditions of Approval for Conditional Use Permit No. 2018-27 and Variance No.
2018-13
Variance No. 2018-13 to allow a reduction in driveway distance from an intersection 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 t0 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 (DP No. 2018-
33) and the staff report exhibits.
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.
3. The installation and/or use of air/blower guns at the site is prohibited.
4. Hours of operation shall be from 8:00 a.m. to 9:00 p.m.
5. Roll -up doors shall be provided on both ends of the car wash tunnel and shall be
lowered when the car wash is in operation to restrict noise and shall restrict access to
the car wash tunnel during non-operating hours.
6. Vacuuming equipment shall not be available or functional during non-operating hours.
7. Onsite employees shall be responsible for the removal of all litter and trash from the
site each day.
8. Inoperable or malfunctioning equipment shall be repaired or replaced in a timely
manner.
9. There shall be no overnight parking of vehicles on site.
10. Customer restrooms shall be locked during all non-operating hours.
11. There shall be no outdoor speakers or any other sound amplifying devices installed on
the site.
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12. Prior to Building Division plan check submittal, the Applicant shall submit a technical
noise study prepared by a professional firm specializing in preparation of noise studies
to the City for review by the Planning Division, Police Department, and Code
Enforcement Division that demonstrates that the proposed design and equipment of
the car wash will conform to City noise ordinances and will minimize noise impacts on
adjacent properties. The Applicant shall, to the best of his or her abilities and at his or
equipment into compliance with City noise ordinance standards, to the satisfaction of
the Planning and Building Agency and Police Department. The Applicant shall submit
an updated and revised noise study based on updated field measurements within one
(1) month of commencement of operations, and again on the one-year anniversary of
the commencement of operations, to ensure compliance with the City's noise
ordinances.
13. Prior to the issuance of a building permit, a full 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, and shall feature a berm to assist with screening the
vacuum areas from view. The plan shall be designed to preserve the existing mature
trees on the property edges where possible. The landscape plan shall also include a
solid, minimum eight -foot block wall on the north and east sides of the property, except
where openings are required for egress purposes. Lights facing the alley shall be
installed at regular intervals along the portion of the block wall across the northern
property line to illuminate the alley. The lights shall be designed to illuminate the alley
up to an eight -foot level and shall be designed to eliminate light intrusion into the
neighboring residential land uses.
14. Prior to release of Certificate of Occupancy, a traffic signal shall be constructed in full
accordance with City of Santa Ana standards and the letter dated February 21, 2019
attached as Exhibit B to this Resolution at the intersection of Mabury and Seventeenth
streets. The traffic signal shall be installed without any cost to the City or
reimbursement to the Applicant and is to be fully funded, including any and all required
and related improvements, by the developer.
15. 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.);
(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 Applicant 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, 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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