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HomeMy WebLinkAbout96-027 - Approving in Part Variance No. 95-009 ~E~O~ZO~ ~0. ~-027 __~--~ESOL~ION OF THE CITY CO~CIL OF THE CITY OF S~TA ~A APPROVING IN P~T VARIANCE NO. 95-009, TO ALLOW THE DEVELOPMENT OF A SHOPPING CENTER LOCATED ON THE SOUTH~ST CO~ER OF HARBOR BOUL~D ~D McFADDEN AVENUE WITH VARIANCES FROM V~IOUS ZONING REGU~- TIONS, ~D R~DING V~I~CE APPLI- CATION NO. 95-009 IN PART BACK TO THE P~NING CO~ISSION WHEREAS, this Council held a public hearing on March 18, 1996, on Variance Application No. 95-009, to allow various variances from zoning code standards for a shopping center to be developed on the southeast corner of Harbor Boulevard and McFadden Avenue; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: 1. Variance No. 95-009 is hereby granted for the shopping center to be developed on the southeast corner of Harbor Boulevard and McFadden Avenue with respect to the following items. a. A reduction in parking requirements to 1,358 spaces. b. A 50% reduction in landscape planter requirements. c. A waiver of lot street frontage requirements. d. An increase in maximum perimeter wall height to 12 feet. e. An increase in the permitted number of special events (sidewalk sales) to 30 per year. f. The allowance of auto service center operations until 10:00'p.m. g. The allowance of two wall signs on the Wal,Mart store. 475 2. The following requests in Variance Application No. 95-009 are remanded back to the Planning Commission for further consideration. To allow two free-standing signs for Wal,Mart on McFadden Avenue. ESOLUT ON 9 -027 4?7 b. To allow two pylon signs. To allow a pylon sign on the secondary street frontage of the site. d. To allow 6 freestanding signs altogether. To the increase the permitted height of the two pylon signs to 35 feet for the primary street frontage sign and to 25 feet for the secondary street frontage sign. To the increase the permitted width of the two pylon signs to 17 feet for the primary street frontage sign and to 12 feet for the secondary street frontage sign. To increase the number of items permitted on each pylon sign to 22. To the increase the permitted area of the two pylon signs to 300 square feet for the primary street frontage sign and to 144 square feet for the secondary street frontage sign. 3. With respect to the variance items approved in section 1 of this Resolution, and based upon the evidence submitted at the abovesaid hearing, this Council finds and determines as set forth in Exhibit A, attached hereto and incorporated herein. 4. The approval of Variance No. 95-009 as set forth in section 1 of this Resolution is subject to the conditions set forth in Exhibit B, attached hereto and incorporated herein by reference. ADOPTED this 1st ATTEST: rk of the Council day of April , 1996. COUNCILMEMBERS: Pulido Aye Richardson ~y~ Espinoza ~ Lutz _~ McGuigan A~e Mills __Nay Moreno Ay~ APPROVED AS TO FORM: Edward ~I. ~Cod~ City Attorney 2 CERTIFICATE OF ORIGINALITY & PUBLICATION State of California County of Orange I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Resolution ~ - ~,~ ~ to be the original resolution adopted by the City Council of the City of Santa Ana on q/- / - ~ ~ Date: ~-t~//~/ ~ ~TQ. ~ ~/ / Clerk of the Counc/il ~/L- City of Santa Ana ~/ RESOLUTION 96-027 4?0 Variance No. 95-9 Findings of Fact March 18, 1996 Page 1 of 1 These findings are for the approval of those variances recommended for approval. Findings ae Special circumstances exist on this property, including size, shape, topography, location or surroundings, where 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. The variances are a benefit to the center and the community by providing relief from standards which can not be met. The granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The requests are necessary to construct this retail center. The granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. Approving the variances would not have a negative impact on the surrounding property or the public in general. The retail center will provide a benefit to the community. Mitigation measures are being required where necessary and appropriate. The granting of a variance will not adversely affect the general plan of the city. The variance will not have a negative effect on the general plan. EXHIBIT A RESOLUTION 96-027 Variance No. 95-9 Conditions of Approval March 18, 1996 Page 1 of 6 Conditions of Approval Should Variance No. 95-9 be approved, the project must comply with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code and all other applicable regulations. In addition, it shall meet the following: A. Plannin~ Division TRAFFIC, CIRCULATION ~%ND P]tRKING 1. Parking reduction may not exceed seven percent (approximately 95 spaces). On-site circulation is to be designed to accommodate WB-50 semi-trucks which will be making regular deliveries to this site. LANDBCAPING Twenty-six 36 inch box trees are to be located at project entry points located along and near public rights-of-way; 4. Ail parking lot trees are to be a minimum of 24 inch box (in lieu of 15 gallon required by code); 5. No less than 40 four foot by four foot tree wells are to be located throughout the parking areas; A palm tree theme (minimum 24 inch box) along pedestrian walkways and along the main drive aisle in front of Wal,mart and Buildings B through G is to be provided. No less than 70 of 8 1/2' x 18' areas. landscape planters with minimum dimensions are to be provided throughout the parking PARKING AREAS Cart corrals are to be provided and designed architecturally similar in materials, color and design to the buildings on the site. (Pipe rail equipment is not acceptable.) Ail parking areas along the property perimeter with vehicles facing Harbor Boulevard and McFadden Avenue are to have the parking space decreased to 16 feet and the 15 foot landscape setback increased to 17 feet. This includes the following parking areas: south of Building J, east of Building L, between ~uilding? K and L, north of Wal,mart. EXHIBIT B RESOLUTION 96-027 Variance No. 95-9 Conditions of Approval March 18, 1996 Page 2 of 6 10. No doors or exits are permitted on the street side of Buildings J, K and L if there is a 15 foot minimum street setback. Should exits be necessary, each building must be set back an additional five feet allowing for a sidewalk to run parallel to each building for access. 11. There are to be no exposed downspouts, scupper drains, mechanical equipment, electrical equipment, plumbing or conduit on the outside of the building. 12. The project entry trellis located on the corner is to be maintained free of any advertising or banners. Only the name of the center may be placed on this structure. MISCELLANEOUS ITEMS 13. Recyclable materials storage a location to be approved issuance. is to be provided on-site at by staff prior to permit 14. An ATM and postal station are to be provided in the project development. These may be integrated into any part of any building. The location of these facilities is to be resolved with staff prior to permit issuance. 15. The trash compactor located at the southwest corner at the southeast corner of Wal,mart (southside) shall not be operated between the hours of 9:00 p.m. and 7:00 a.m. every day. 16. The project shall comply with all mitigation measures identified in the Negative Declaration (ER No. 95-91). 17. Project shall comply with conditions and requirements of site plan review DP No. 95-55R. 18. 19. DSL Service Company is to create a committee composed of staff, store representatives, and site management from Riverview West Neighborhood Association to monitor shopping cards and eliminate stray carts throughout the neighborhood. Temporary outdoor activities and special events may not exceed a total of 30 calendar days annually. Land Use Certificate application requirements and appropriate fees must be completed for each event. RESOLUTION 96-027 Variance No. 95-9 Conditions of Approval March 18, 1996 Page 3 of 6 LOADING ZONES 20. The loading docks of Buildings A-E are to be fully enclosed so that there is no outdoor unloading activity and the trucks back up to a sealed lock area. 21. A maximum 12 foot high block wall to screen for noise and visual impacts must be constructed at the loading docks in order to protect the residential uses to the east and south of this property from noise and nuisance activity. Building G, H, and L Architecture 22. Project design is approved for Buildings G, H. and L in concept and are to be refined with staff prior to submittal into plan check. Should no resolution be achieved, these are to be brought back to Planning Commission for final approval. B. publi~ Works Aqenc¥ Prior to site plan approval, complete the following: Revise the site plan to note trash compactor locations proposed for Wal'mart are not final and shall be revised for the approval of Public Works Agency and Planning and Building Agency prior to approval of the Wal,mart building permit. 2 Revise the site plan to note the raised Harbor Boulevard median and pocket and island shall be modified. Revise the site plan to note the traffic signal of Harbor and McFadden will be modified and relocated. Revise the site plan to note new street trees shall be planted on Harbor Boulevard and McFadden Avenue. Revise the site plan to note all utilities shall be relocated to be no closer than 10 feet to any driveway. Prior to issuance of a building permit, complete the following: 1. Pay cash payment of $5,000.00 towards future traffic signal installation at McFadden Avenue and Jackson Street. RESOLUTION 96-027 483 Variance No. 95-9 Conditions of Apgroval March 18, 1996 Page 4 of 6 Prior to release of utilities, complete the following: 1. Dedicate a 25' X 25' corner cut-off at the corner of Harbor Boulevard and McFadden Avenue. Dedicate a traffic signal easement at the McFadden Avenue main driveway entrance, as per approved traffic signal plans. 3. Dedicate two bus turn-outs area on McFadden Avenue, as per approved improvement plan. 4. Dedicate wheelchair ramps access at the signalized drive approach on McFadden Avenue, as per approved improvement plan. Se The dedication deeds and easements must be prepared by the developer's engineer or licensed Land Surveyor and submitted to the Public Works Agency for checking. 6. Harbor Boulevard: Modify the existing median island and pocket for south bound left turn into the project site per improvement plan. b) Construct right turn lane including curb, gutter, pavement and 10, wide sidewalk as per approved improvement plan. c) Construct a 35' radius curb return at the southeast corner of Harbor Boulevard and McFadden Avenue, including sidewalk, and wheelchair ramp per approved improvement plan. d) Relocate and modify traffic signal at intersection of McFadden Avenue and Harbor Boulevard as per approved traffic signal plan. e) Relocate utility boxes, poles and meters for new right hand turn lane, new 35' curb radius and new drive approaches. f) Pave Harbor Boulevard to good edge of pavement, per approved improvement plan. RESOLUTION 96-027 Variance No. 95-9 Conditions of Approval March 18, 1996 Page 5 of 6 g) Construct northerly drive approach per City Standard #1112, Case 2, (W=35', A=45', X=3') and per approved improvement plan. h) Construct southerly drive approach per City Standard $1112, Case 2 (W=32', A=42', X=3') and per approved improvement plan. i) Relocate pull box, Southern California Edison vault, all other utility boxes, utility poles and utility meters within 10' from the proposed drive approaches. J) Install pavement striping and signage as per approved channelization plan. k) Install "NO STOPPING ANYTIME" zone. 1) Relocate power poles as per approved improvement plan. m) Construct and relocate ornamental street lights as per approved improvement plan. n) Close existing drive approaches with curb, gutter and full width sidewalk. o) Construct street tree wells and plant minimum 24 inch box trees per City Standard $1124 at locations in accordance with approved improvement plans. HcF&dden Avenue a) Construct signalized drive approach (W=56') and 25' curb radii with two wheelchair ramps per approved improvement plan. b) Construct drive approach near garden center per City Standard $1112, Case 2 (W=32', A=42', X=3') and per approved improvement plan. c) Construct most easterly drive approach per City Standard #1112, Case 2 (W=40', A=50', X=3') and per approved improvement plan. d) Remove existing sidewalk and construct new full width 10' wide sidewalk per approved improvement plan. e) Remove existing curb and gutter and construct new curb and gutter per approved improvement plan. f) Remove existing paving and construct new paving to street centerline per approved improvement plan. RESOLUTION 96-027 483 Variance No. 95-9 Conditions of Approval March 18, 1996 Page 6 of 6 g) Construct new landscaped medians per approved improvement plan. h) Install new traffic signal at the main driveway entrance per approved traffic signal plans. i) Install pavement striping and signage as per approved channelization plan. J) Install school crossing signs per approved improvement plan. k) Install "NO STOPPING ANYTIME" zone. 1) Close existing driveways with sidewalk curb and gutter. m) Construct two bus turnouts and 12' X 80' P.C.C. bus pad, as per approved improvement plan. (See Exhibit "A"). n) Construct street tree wells and plant all new minimum 24 inch box trees per City Standard $1124 at locations in accordance with approved improvement plans. o) Furnish ornamental street lighting with underground service as directed by the City Engineer. Police Department The applicant shall provide/employ two uniformed state licensed security officer for the parking area. The officer shall be on duty anytime there are employees or patrons onsite. The applicant shall provide the officers with a form of transportation that will enable them to access all areas of the site quickly. The security officers employed by the applicant shall first be approved by the Chief of Police, or his designate, before Certificate of Occupancy is approved. The Conditional Use Permit shall be reviewed at six months, at one year and then annually thereafter by the Police Department for any modification to the conditions of approval.