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HomeMy WebLinkAboutRESO 2019-29_1800 N BUSH STREET (VARIANCE)LS 6,24.19 RESOLUTION NO. 2019-29 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2019-02 AS CONDITIONED TO ALLOW A REDUCTION IN OFF-STREET PARKING FOR AN ADULT DAY CARE USE AT 1800 NORTH BUSH 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. Gina Beshai, representing DNJ Properties, LLC ("Applicant"), is requesting approval of Variance No. 2019-02 as conditioned, to allow for a reduction in off-street parking for an adult day care use at 1800 North Bush Street. B. Pursuant to Santa Ana Municipal Code Section 41-638, the Planning Commission is authorized to review and approve a variance for a reduction in off-street parking for the subject property and project. C. On June 24, 2019, the Planning Commission held a duly noticed public hearing for Variance No. 2019-02. D. 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. 2019-02, for a reduction in off- street parking as required by SAMC Section 41-638 have been established: 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 conditions of the property. In 1989, the building and site improvements were constructed which included a 10,800 square -foot building with 30 parking spaces (3 parking spaces per 1,000 square feet). In order to meet the City's current off-street parking requirements for an adult day care and office use, significant modifications to the building and site, such as demolishing portions of the building, would be required. In addition, the property is a corner lot which requires landscaped setbacks on two sides (versus one side for an interior lot) reducing the buildable area. Strict Resolution No. 2019-29 Page 1 of 6 application of the off-street parking regulations would not allow the property owner to lease to or operate several of the permitted or conditionally permitted uses within the Professional zoning district. However, the parking analysis conducted by RK Engineering Group, Inc., supports the intent of the code which is to provide sufficient off-street parking. The study indicates that there would sufficient parking with the proposed uses, therefore no parking impacts to the nearby uses or properties. 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. Granting this variance will allow for use of the property with an adult day care, a use that is compatible with the Professional zone district and nearby commercial and residential uses. Granting the variance will allow the property owner to utilize both floors of the building with businesses that provide employment opportunities and services to the community. 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. A parking analysis was conducted by RK Engineering Group, Inc. which determined that with 40 participants at the adult day care facility and office uses on the second floor that there is sufficient parking on -site. Furthermore, the target population of the adult day care is adults and seniors. The facility will utilize a non -medical transportation company to transport participants to and from the facility. The facility will also sub -contract with Access and any available regional or city transportation services. A schedule will be utilized to manage peak drop-off and pick- up times. Persons who live within walking distance of the center are encouraged to walk with appropriate supervision. Family members can provide transportation to and from the facility and will be given a scheduled time for drop-off and pick-up. In addition, conditions of approval have been added to the variance to limit the number of participants and staff on -site at one time, require use of a transportation service for drop-off and pick-up, and require a drop-off and pick-up schedule to manage peak times. 4. That the granting of a variance will not adversely affect the General Plan of the city. Resolution No. 2019-29 Page 2 of 6 The variance for a reduction in required off-street parking will not adversely affect the General Plan. The project is located within the District Center (DC) General Plan land use designation which serves as an anchor to the City's commercial corridors and accommodates major development activity. The project is consistent with several goals and policies of the General Plan, including the Land Use Element and Public Facilities Element. For example, Land Use Element Goal 1 to promote a balance of land uses to address basic community needs. The variance will allow an adult day care to operate at the site which provides a service to families of the residents and workers. Policy 2.9, supports developments that create a business environment that is safe and attractive. The condition of approval for property maintenance will help maintain a safe and attractive environment for the community. Public Facilities Element Goal 1 to provide sufficient public, cultural, recreational, educational, social service and related facilities to meet the community's needs. The adult day care will provide a social service to residents and workers in the city. Section 2. In accordance with the California Environmental Quality Act, the project is exempt from further review per Section 15301 of the Guidelines for the California Environmental Quality Act. The Class 1 exemption applies to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing private structures involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. The existing 10,800-square foot building is within the Professional zone which allows for professional office uses. The proposed adult day care and office use do not involve an expansion in use. As a result, Categorical Exemption, Environmental Review No. 2017-35 will be filed for this project. Section 3. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively "Actions"), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a Resolution No. 2019-29 Page 3 of 6 court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Section 4. The Planning Commission of the City of Santa Ana, after conducting the public hearing, hereby approves Variance No. 2019-02 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 June 24, 2019, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 24' day of June, 2019. AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney Benavides, Contreras -Leo, McLoughlin, Nguyen, Rivera (5) None Alderete, Cano (2) None Ma cLoughlin Chairperson CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2019-29 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on June 24, 2019. Date: �, vZ f I I q r�QLytL > 0-r wL Recording Secretary City of Santa Ana Resolution No. 2019-29 Page 4 of 6 EXHIBIT A Conditions of Approval for Variance No. 2019-02 Variance No. 2019-02 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, the following conditions of approval shall be met: The Applicant must comply with each and every condition listed below prior 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. 2017- 15) 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 adult day care use is limited to the first floor (6,948 square foot) with a maximum of 4,280 square feet of activity/assembly area. 4. For the adult day care: The maximum number of participants on -site during business hours is forty (40) participants. The maximum number of staff/employees on -site during business hours is eight (8) staff/employees. 5. Prior to the issuance of building permits, the Applicant shall have a Parking Management Plan approved by the Planning Manager. The plan shall include parking lot signage, vehicle parking stickers, assigned parking designations for each use on the site, and/or staff information. All improvements identified in the plan shall be installed prior to the issuance of a Certificate of Occupancy. 6. For the adult day care: The operator shall utilize a non -medical transportation service for drop-off and pick-up. Prior to the issuance of a certificate of occupancy, the Applicant shall submit documentation demonstrating use of a contracted non -medical transportation service subject to the satisfaction of the Planning Manager. 7. For the adult day care: The operator shall implement a drop-off and pick-up plan for the peak hours of 7:30 to 9:00 a.m. and 4:30 to 6:00 p.m. Prior to the issuance of a certificate of occupancy, the Applicant shall submit a drop-off and pick-up management plan subject to the satisfaction of the Planning Manager. Resolution No. 2019-29 Page 5 of 6 8. Any modifications to allow for any use(s) that intensifies parking shall be subject to Planning Commission review at a public hearing and modifications to Conditional Use Permit No. 2019-19 and Variance No. 2019-02. Resolution No. 2019-29 Page 6 of 6 LS 4.10.19 RESOLUTION NO. 2019-04 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA DENYING MINOR EXCEPTION NO. 2019-02 TO ALLOW A FOUR FOOT HIGH FRONT YARD FENCE AT THE PROPERTY LOCATED AT 1105 SOUTH FLINTRIDGE DRIVE BE IT RESOLVED BY THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Zoning Administrator of the City of Santa Ana hereby finds, determines and declares as follows: A. Dr. Long Nguyen ("Applicant") is requesting approval of Minor Exception No. 2019-02 to allow the construction of a four (4) foot high fence within the front yard setback area of the property located at 1105 South Flintridge Drive, a non -arterial street. B. Pursuant to Santa Ana Municipal Code ("SAMC") Section 41-610(a), approval of a minor exception is required to allow a fence higher than three (3) feet if a property is located on a non -arterial street. C. Minor Exception No. 2019-02 came before the Zoning Administrator of the City of Santa Ana on April 10, 2019, for a duly noticed public hearing. D. For Minor Exception No. 2019-02, the Zoning Administrator of the City of Santa Ana determines that the following findings have been established: 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. There are no special circumstances applicable to the subject property where the interpretation of the zoning ordinance would deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of the zoning code. The property is 6,600 square feet in size, which exceeds the minimum lot size in the City by 600 square feet. Further, the lot is rectangular in shape and does not contain any encumbrances or restrictions that would limit development on the site. Since the property is larger than a typical lot and has a shape consistent with other lots in the City, there are no unique circumstances related to size or shape that warrant a taller perimeter fence. Resolution No. 2019-04 Page 1 of 3 2. That the granting of a minor exception is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of the minor exception is not necessary for the preservation and enjoyment of substantial property rights as denial of this minor exception does not deplete the property owner(s) of any rights to utilize their property as would other residential property owners. The site is currently being developed with a full single-family residence and attached garage that meets all standards of the SAMC. Approval of the requested four -foot tall front -yard fence does not enhance the property owners' ability to develop the site pursuant to the uses allowed and the Single -Family Residence (R-1) zoning district's development standards contained in Division 3 of Article III of the SAMC. Section 2. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively "Actions"), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Section 3. The Zoning Administrator of the City of Santa Ana after conducting the public hearing hereby denies Minor Exception No. 2019-02 for the project located at 1105 South Flintridge Drive. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: The Request for Zoning Administrator Action dated April 10, 2019, and exhibits attached thereto; and, the public testimony, written and oral, all of which are incorporated herein by this reference. Resolution No. 2019-04 Page 2 of 3 ADOPTED this loth day of April, 2019. `�� G%%i/ Ali Pezeshkpour, AICP Zoning Administrator APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: r Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Sarah Bernal, Clerk of the Zoning Administrator, do hereby attest to and certify the attached Resolution No. 2019-04 to be the original resolution adopted by the Zoning Administrator of the City of Santa Ana on April 10, 2019. Date: Clerk of the Zoning Administrator City of Santa Ana Resolution No. 2019-04 Page 3 of 3