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HomeMy WebLinkAbout76-142REL:nr 11-16-76 RESOLUTION NO. 76-142 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AFFIRMING THE ACTION OF THE PLANNING COMMISSION ON VARIANCE APPLICATION NO. 76-45, DENYING SAID VARIANCE APPLICATION, AND DENYING APPEAL NO. 372 FILED THEREON BY RICHARD L. COOLING WHEREAS, a public hearing was duly held before the City Council of the City of Santa Ana on October 26, 1976, on Appeal No. 372 filed by Richard L. Cooling in opposition to the Planning Commission's denial of Variance Application No. 76-45; NOW, THEREFORE, BE IT RESOLVED that based on such pub- lic hearing and the oral and documentary evidence submitted therein, the City Council of the City of Santa Ana does hereby affirm the action of the Planning Commission on Variance Appli- cation No. 76-45, deny said Variance Application, and deny Appeal No. 372. BE IT FURTHER RESOLVED that the City Council hereby adopts as its finding of fact for denial of Variance Application No. 76-45 that "Finding of Fact, Variance Application No. 76-45" prepared and submitted by the Planning Commission, attached here- to, exclusive of sections 4, 5, and 6 therein. by AYES: NOES: ABSENT: ATTEST: ADOPTED, this 23rd the following vote: COUNCILMEN: COUNCILMEN: COUNCILMEN: FLORENCE I. MALONE ~Lq~K OF THE COUNCIL-- APPROVED AS TO FORM: day of November Ortiz, Brandt, Yamamoto~ None Bricken, Evans, Ward , 1976, Garthe KEIl~H L. GOW CITY ATTORNEY FINDING DF'FACT VARIANCE APPLICATION NO. 76-45 REPORT DATE Staff: g/7/76 Commission: 9/13/76 9/27/76 APPLICANT: William E. and Kay B. Thompson ADDRESS & ZONING: 2238 S. Flower Street AP 15-174-38 R 1 District SDM 24-5-10 VA PRUPOSE: To convert an existing service station building to a mini-market in the R 1 District while retaining the pump islands for self- service gasoline sales; also to waive the front and side yard setbacks in the R 1 District and waive a portion of the required landscaping. STAFF RECOMMENDATION: Approval COMMISSION ACTION & VOTE: Denied 9/27/76 AYES: Commissioners Yates~ Winters, Acosta~ O'Dell~ Ankrum) Griset, Gosse NOES: Commissioners, None ABSENT: Commissioners, None REASON FOR ACTION: The proposal would have a detrimental effect upon the surrounding development and the existing elementary school. The request does not meet the'criteria in the Zoning Ordinance for the granting of a variance. DETAILS OF PROPOSAL: 1. Description of Proposal: The existing service station (approximately 1,250 sq.ft.) would be remodeled for a mini-market. In connection with this, a walk-in refrigerator would be added to the north side of the building. Included in the market operation would be the sale of beer and wine. Two existing pump islands would remain for self-service gasoline sales, one along Flower Street and one along Warner Avenue. Proposed parking would meet the code based upon the requirement that at least one-third of the lot area be in parking (Section 41-617 m). Of four exiCting 34-foot wide drives, one is to be removed, leaving one on Flower Street and two on Warner Avenue. The westerly drive on Warner Avenue crosses adjacent property by. a private easement. Existing landscaping would be expanded upon and a new planter 5' x 60' would be constructed along the north property line-from Flower Street west. An existing masonry block wall abutting~residential properties to the west is six feet high. An existing wall to the north, however, is only approximately three to five feet in height where it abuts a residential property.* *NOTE: The previous variance on this property (#2186) required that the subject wall be six feet in height from finished grade. 2. Area Description: A. Property: Two lots, approximately 123' x 124' (14,700 sq.ft.), located at the northwest corner of Flower Street and Warner Avenue. VA 76-45 Page 1 VA 76-45 William E. and Kay B. Thompson *B, Surrounding Development: North: single family residence ~ East: elementary school South: single family residence West: single family residence, take-out restaurant Street System: Flower and Warner are planned arterial streets. Comparable Applications or Circumstances: None in the area. Variance 2186 allowed the existing service station in the R 1 District, approved 12/6/65. E. Surrounding Zoning: See attached SDM. F. Present Use: service Station General Plan Compatibility: The General Plan designates this area for low density residential uses (0.1 - 8 dwelling units per acre). 4. Reasons for Staff Recommendation: 6,' A. The proposed use is appropriate for this intersection of two arterial streets although the property is zoned R 1. The site would be substantially upgraded and buffered from the residence to the north with the proposed plot plan and the recommended conditions of approval. C. Tentative hours of operation are from 7:00 A.M. to 9:00 P.M. (A staff condition of approval does not a!l~ the business to be open before 7:00 A.M. nor after 10:00 P.M.) D. Landscaping, while not exactly meeting the code ~requirement, is adequate for the site, NOTE: While the Santa Ana Unified School DistriCt has protested the off- sale beer and wine license, staff feels this should be allowed as a normal part of such a business, If the Commission approves the application, the following standard require- ments must be met: A. Planning: 1, 2, 3, 4, 14 B. Public Works: 7, 16, 17, 21 f, 22 c, 41 The following requirements must also be met: Pla.nning l) That the business {market and self-service gasoline pumps) be open only between the hours of 7:00 A.M. and 10:OO P.M. 2) That the existing block wall along the north property line be in- creased to a height of 6 feet except in the front setback area on Flower Street, where it shall be 4 feet in height. 3) That additional dimensions be added to the plot plan in the proposed corner landscape planter area. 4) That the existing 6-foot high wall along the west property line be extended to enclose the parking spaces proposed along this property line. 5) All landscape planters shall be enclosed with 6-inch high concrete curbs and be served by an underground irrigation system. VA 76-45 William E. and Kay B. Thompson Co De COMPLIANCE WITH C.E.Q.A. PROCEDURES: ,Puhlic, Works 1) Dedication: Flower Street a) Vehicular access rights at the drive approach to be closed. 2) Improvements: Warner Avenue a) Repair broke~ ~alk. $) Improvements: Flower Street a) Repair broken walk. b) Cut tree well as located by the Parks Department (if required). c) Close southerly drive approach to City standards. Fire Dep~,t?~nt l) Provisions of the Uniform Fire Code. )97)° Division VII, shall apply. 2) Plans shall be submitted to the Fire Department for verification on the vapor recovery system installed and special type dispensers, emergency shut-off locations and attendant location and capability. Any change in underground tanks or piping requires a permit. Police Department 1) A silent alarm system for robbery be installed. 2) A silent alarm system for burglary be installed. 3) Thin stile aluminum frame glass doors shall have a double cylinder swing lock with a ceramic insert with a minimum l-l/2 inch throw. 4) Exterior doors with the exception of the aluminum frame glass doors, are to be solid core in design and be equipped with a deadbolt lock with a minimum one inch bolt and rotating cylinder guards. 5) All movable windows are to be secured with auxiliary locking devices. If wi,ndows are glass sliding, then they should be constructed to restrict them from being lifted out of the track. 6) The construction of the shelving shall provide adequate visibility to passing patrol vehicles. 7) Lighting a) 'Exterior lighting shall have vandal-resistant covers. b) Interior night lighting to be maintained in those areas that are visible from the street. c) Exterior lighting must meet With the standard of the Illuminating Engineers' Society. Negative Declaration bhm HAROLD GOSSE, JR., CHAIRMAN SANTA ANA PLANNING COMMISSION VA 76-45 Page 3 I .J,'t I~L__~L_~L__I~- ~ L__l!l Iii J~ J~L__J~t. IIl~JI L. F .ZONING DISTRICT ( VA T$-4.5 ':'