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REL: 5/6/91
RESOLUTION NO. 91-039
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA DENYING VARIANCE
APPLICATION NO. 90-016, WHICH SOUGHT TO
ALLOW A REDUCTION IN THE REQUIRED 15-
FOOT LANDSCAPE SETBACK AND AN EXTENSION
OF THE 15-FOOT HEIGHT LIMITATION WITHIN
20 FEET OF RESIDENTIAL PROPERTY FOR A
NEW 7,600 SQUARE FOOT COMMERCIAL RETAIL
CENTER AT 1401-1435 WEST FIRST STREET IN
THE C1 (COMMUNITY COMMERCIAL) DISTRICT
WHEREAS, this Council held a public hearing on May 6, 1991, on
Variance Application No. 91-016, which sought to allow a reduction
in the required 15-foot landscape setback and an extension of the
15-foot height limitation within 20 feet of residential property
for a new 7,600 square foot commercial retail center at 1401-1435
West First Street in the Cl (Community Commercial) district;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SANTA ANA AS FOLLOWS:
1. Based upon the evidence submitted at the abovesaid hearing
this Council finds and determines as follows:
A. The strict application of the building height restriction
in the zoning regulations will not deprive the subject
property of privileges not otherwise at variance with the
intent and purpose of the provisions of this chapter;
The proposed project site is a long, somewhat narrow
property with a dimension of 82 feet by 315.7 feet. The
property abuts a public street on three sides with the
remaining property boundary located adjacent to primarily
single-family residences. Due to the narrow nature of
the project site, a variance from the commercial
development standards to allow a 10 foot landscape
setback adjacent to First Street may be needed to allow
for reasonable depth of the proposed retail tenant space.
However, there are no special circumstances which warrant
support of the expansion of the 15 foot height limitation
within 20 feet of residential property.
B. That the granting of a variance is not necessary for the
preservation and enjoyment of one or more substantial property
rights;
The land use designation for the existing vacant property
RESOLUTION 91-039
TWO
is Community Commercial (C1). An alternative project
design could be produced which would allow the owners to
construct a commercial development which meets the City
of Santa Ana development standards.
C. That the granting of a variance will be injurious to
surrounding property;
The proposed variance to allow the structure to exceed
the existing 15 foot height limitation adjacent to
residential property bythree feet will create additional
shade and shadow impacts for the adjacent residences.
D. That the granting of a variance will not adversely affect
the General Plan of the City;
The General Plan designation for this area is General
Business District (GBD), which allows for the development
of commercial and retail uses. The granting of this
variance for a reduction of a 15 foot landscape setback
requirement and an exemption from the 15 foot height
limitation adjacent to the residences will have no direct
detrimental effect on the General Plan.
2. Variance Application No. 90-016 is hereby denied.
ADOPTED this 20th day of MAY , 1991.
ATTEST:
Clerk of the Counci~lJ
COUNCILMEMBERS:
Young Aye
Pulido Aye
Acosta Aye
Griset Aye
McGuigan Aye
Norton Absent
Richardson Aye
APPROVED AS TO FORM:
city Attorney
407
CERTIFICATE OF ORIGINALITY
State of California
County of Orange
I, JANICE C. GUY, Clerk of the Council, do hereby certify the
attached Resolution ~/-- O ~ ~ to be the original resolution
adopted by the City Council of the city of Santa Ana on
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City of Santa Aha