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HomeMy WebLinkAbout96-043 - Approving Variance No. 96-001037 RESOLUTION NO. 96- 043 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 96-001, TO ALLOW RELIEF FROM CERTAIN PARKING, SETBACK, AND LANDSCAPING RE- QUIREMENTS IN THE MAINPLACEMALL LOCATED AT 2800 NORTH MAIN STREET WHEREAS, this Council held a public hearing on April 22, 1996, and on May 6, 1996, on Variance Application No. 96-001, to allow: A reduction in the off-street parking space requirement to a ratio of 4.1 spaces per 1,000 square feet of mall area. (2) A waiver of the 15-foot minimum landscaped setback abutting public and private streets; and (2) A waiver of the requirement that planters be distributed throughout the parking area at the ratio of one planter per every ten parking spaces. for a proposed expansion of the MainPlace Shopping Center located at 2800 North Main Street; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: 1. The City Council hereby approves of Variance 96-001, subject to the conditions set forth in Exhibit A, attached hereto and incorporated herein. 2. Based upon the evidence submitted at the abovesaid hearing the City Council approves and adopts the findings set forth in Exhibit B, attached hereto and incorporated herein. 3. The city Council certifies that prior to approving Variance 96-001, it has reviewed and considered the 1983 Environ- mental Impact Report for the Fashion Square Commercial Center (now known as MainPlace) and the Addendum prepared thereto addressing the proposed mall expansion which is the subject of Variance 96- 001, including the comments and responses to comments which were provided to the City Council for its April 22 meeting, and determines that said documents have been completed in compliance with the California Environmental Quality Act. The Council approves and adopts the findings set forth in Exhibit C, attached RESOLUtiON 56-043 089 hereto and incorporated herein. ADOPTED this ATTEST: 6th ~ic~ c. ~u¥' ~7 ~lerk of the Council~ ' day of May , 1996. or COUNCILMEMBERS: Pulido Aye Richardson ~ Espinoza AyE Lutz Aye McGuigan Aye Mills Abn~nt Moreno Aye APPROVED AS TO FORM: city Attorney CERTIFICATE OF ORIGINALITY & PUBLICATION State of California County of Orange I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Resolution g/~ - 0 {/3 to be the original resolution adopted by the City Council of the City of S~m Ana on Date: 2 ~" / Clerk of the City of Santa Ana -- 041 Appeal No. 96-02 May 6, 1996 Page 1 of 2 Conditions of Approval Should Variance No. 96-01 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 other applicable regulations. In addition, it shall meet the following: A. Planninq Division The applicant shall submit each component of work identified in this Variance No. 96-01 into formal Site Plan Review for review, conditions and approval prior to issuance of building permits for that work. Appeal of the Development Review Committee's Site Plan Review conditions is to the Planning Commission. B. public Works Prior to issuance of any building permit, complete the following: Dedicate a 25' x 25' corner cut-off at the northwest corner of Main Street and MainPlace Drive. 2. Dedicate MainPlace Drive to provide for the following: a) Widen the west leg to provide dual left-turn lanes, two through lanes and two receiving lanes. b) Widen to allow for four foot sidewalk and four foot parkway along the north side of MainPlace Drive from Main Street to Bedford Drive. Dedicate a 25' x 25' corner cut-off at the northeast corner of Bedford Drive and MainPlace Drive. Comply with all the requirements for project development as set forth in the Public Works Agency report to the Development Review Committee. Relocate and have utility providers quit claim the existing public utilities easements over which the project is to be built. 6 o Provide a new 20 foot wide "exclusive underground non- exclusive surface easement for the public utility purposes" as approved by the Public Works Agency. EXHIBIT A 042 Appeal No. 96-02 May 6, 1996 Page 2 of 2 Prior to any release of utilities, complete the following: Comply with all the requirements for project development as set forth in the Public Works Agency report to the Development Review Committee. Construct a four foot sidewalk, four foot parkway, and wheelchair ramps along the north side of MainPlace Drive between Main Street and Bedford Drive. Relocate and install utility facilities, including water mains, fire hydrants, water meters, fire service, etc., par approved improvement plans. 10. Reconstruct, modify, and relocate the entry drive(s) along MainPlace Drive. 11. Relocate the MainPlace sign at the northwest corner of Main Street and MainPlace Drive. 12. Construct wheelchair ramps per the approved improvement plans. Police Department The parking structure is to comply fully with the established City of Santa Ana Parking Structure Guidelines. 2. The ATM is to be designed to AB 244 guidelines. 043 Appeal No. 96-02 May 6, 1996 Page 1 of 1 F~ndinqs of Fact Are there special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, which the strict application of the zoning ordinance would deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter? Due to the size of the subject site, its location bound by two freeways and the type of development on the property, the strict application of street landscaping, parking lot landscaping and general commercial parking standards is not within the intent and purpose of the original regional mall concept. Strict interpretation of the code would create a disruption of the existing development pattern. The current development pattern meets the intent of the code. Is the granting of a variance necessary for the preservation and enjoyment of one or more substantial property rights? The variance will extend the right to build based on the original development plan which was reviewed and approved under previous development standards. Co Will the granting of a variance be materially detrimental to the public welfare or injurious to surrounding property? The granting of the variance will allow for the mall expansion in a manner consistent with existing improvements without a negative impact to neighboring properties. Will the granting of a variance adversely affect the General Plan of the City? The granting of the variance for the mall expansion will help facilitate the mixed use goals and objectives of the District Center land use designation which calls for intensification and diversity of uses. EXHIBIT B 044 CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS HAVING RECEIVED, REVIEWED, AND CONSIDERED THE ADDENDUM (ER 96-033) TO THE ENVIRONMENTAL IMPACT REPORT FOR PROPOSED MAINPLACE/SANTA ANA EXPANSION, AS WELL AS ALL OTHER INFORMATION IN THE RECORD OF PROCEEDINGS ON THIS MATTER, THE FOLLOWING FINDINGS ARE HEREBY ADOPTED: I. Proiect Description The Mainplace Shopping Center ("MaimPlace") is a regional shopping center in the City of Santa Ana (the "City") serving all of central Orange County. MainPIace currently contains 1,108,080 square feet of retail space with tlu-ee parking facilities and a large amount of surface parking. The proposed expansion involves the following site plan changes to three areas within MainPlace: Area 1: Removal of the existing Bank of America modular banking facility from the surface parking lot located on the northeast corner of the MainPlace site. The area of the removed facility will be resurfaced to provide parking spaces. Drive tlu'ough automated teller machines (ATMs) will be constructed in the corner of the site which is slightly northeast of the existing modular ba .nking facility. Area 2: Construction of a restaurant containihg approximately 8,000 square feet of floor area on tl~e west side of MainPlace. Part of the restaurant will be located below a new two-level cinema of approximately 70,000 square feet that will provide for a 3,000 seating capacity. The first level of the new cinema will be located at the same elevation of the second level of the existing mall including the existing food court and existing cinema. Area 3: A three-level expansion of the existing Robinson's-May Store//1 located on the south end of MainPlace. The expansion will add approximately 69,000 square feet of floor area to the existing store. Modification to the existing grade-level parking area located on the east side of Robinson's-May, adjacent to IVlain Street, and south of the existing parking deck will also be constructed. This expansion will be a two-level parking deck and will accommodate 416 parking spaces. Pedestrian access from the second level of EXHIBIT C O45 the anchor expansion to the parking ~acility will be provided along with a pedestrian and vehicular com~ection ~-om the existing deck to the new parking facility. II. The Previously Certified EIR and Entitlement Process A final Environmental Impact Report (the "EIR") for the Fashion Square Commercial Center (now known as MainPlace) was certified in 1983 by the City of Santa Ana Community R~development Agency. The EIR evaluated the potential environmental impacts relating to the approval of the project for redevelopment of the MainPlace property with a mixed use commercial complex consisting of an ultimate development of 1.5 Million square feet of leasable office space, 1.6 Million square feet of gross leasable space, and a 1,200 room hotel covering approximately 979,200 square feet. The approved project has been partially implemented with the development of approximately 1.1 Million square feet of retail space along with the three parking facilities and the surface parking area. Presently, MainPlace proposes to further implement development of the approved project with the addition of the approximately 147,000 square feet of development as described in Section I above. The proposed expansion would further implement the approved project and would require further approvals of a variance from the parking standards for strip mall development (as the City has no parking standards relating to a regional mall), a variance from certain setback standards and a variance from certain landscaping standards. An Addendum to the EIR, attached as Exhibit A hereto (the "Addendum"), has been prepared to include and reflect the proposed expansion. III. Findings Re~arding Approval of the Addendum The Planning Connnission finds that the Addendum should be adopted by the City in connection with the proposed expansion of MainPlace by virtue of the following findings: There are no new environmental effects or increases in the severity of previously identified significant effects. The analysis contained in the Addendum of each of the categories of potential environmental effects provides that there are no new environmental effects from the proposed expansion which were not identified, studied and mitigated ig the certified EIR, and that there are no increases in the severity of effects previously identified in the EIR. The findings relating to each category of potential environmental effects are as follows: 1. Land Use The proposed expansion involves development within the approved amount of existing retail square footage for the MainPlace development project. 2 046 The project has been approved for 1.6 Million square feet of retail space. Currently, development of Mainplace equals approximately 1.1 Million square feet of retail uses. The proposed expansion would add another approximately 147,000 square feet of retail, which together with the existing development would equal an amount of retail space well below the total approved amount for the project. Thus, the Planning Commission finds the proposed expansion would be consistent and compatible with the land uses already approved for the project. 2. Soils and Geology. The certified EIR does not identify any soils and geology problems in connection with the approved project. The mitigation measures included in the EIR, and required pursuant to the Participation Agreement between the Santa Ana Community Redevelopment Agency and the owner of the MainPlace property are in full force and effect. The proposed expansion does not in any manner alter the contemplated development with respect to the use and treatment of soils and geology, and therefore, the Planning Comxnission finds that the proposed expansion would not create any adverse soils or geology effects. 3. Hydrology. The MainPlace property is currently paved. The proposed expansion will not create any increased amount of runoff. The certified EIR determined that the drainage facilities and improvements would be adequate to accommodate the full development of the approved project. Therefore, the Planning Commission finds that the proposed expansion will not create or' add any adverse effects to hydrology. 4. Biota. Developed structures and improvements have already been made or constructed upon the entire MainPlace property, and there are no native biota present currently. The ornamental trees, shrubs and grasses have been installed in connection with prior development of the Property. Therefore, no portion of the property is unimproved land with natural biota. The planning Cormnission finds that the proposed expansion would not have any adverse effects upon any biota. A variance for landscaping would allow for expansion of MainPlace to include installation of additional landscaping to be grouped and clustered, which would result in the positive effect of creating more dense landscaping in the areas to be additionally landscaped. 5. Amhaeolo~y. The analysis in the certified EIR demonstrated that no archaeologically significant sites exist upon the MainPlace property. As developed structures and improvements have already been made or constructed upon the entire property, the Planning Commission finds that no additional adverse effects to archaeology will result from the proposed expansion. 6. Traffic and Circulation. On a regional freeway basis, MainPlace is served by the Santa Ana Freeway (I-5), the Garden Grove Freeway (1-22) and the Orange Freeway (I-57), and indirectly by the Costa Mesa Freeway (1-55). During the past several years major improvements have been built upon the' Santa Ana Freeway near MainPlace, including the addition of two additional lanes in each direction, high occupancy vehicle lanes 3 047 and associated improvements to the ramps. These newly constructed improvements to the Santa Ana Freeway have created an improved traffic flow along the Santa Ana Freeway, and between the Santa Ana Freeway and the Garden Grove Freeway, especially in peak traffic periods. There are 23 key arterial intersections surrounding MainPlace as listed on Exhibit B attached hereto. Based upon a study using the standard Intersection Capacity Utilization methodology for intersection analysis, all of these intersections are presently at acceptable levels of service (LOS D or better) during the AM peak hour traffic periods, and all but two are at acceptable levels of service during the PM peak hour traffic periods. When other approved development projects which have not yet been built in the surrounding area to MainPlace are added to the analysis, two more of these intersections will fall below the acceptable level of service D. Therefore, a total of 19 intersections are expected to be at or above the acceptable level of service D based on the existing traffic conditions today plus the additions of the expected traffic from all of the other previously approved projects in the surrounding area. The other 4 intersections are expected to be below the acceptable level of service D. The proposed expahsion project is expected to generate an additional approximately 1,235 trips during the PM peak hour traffic period. The Planning Commission finds that when these additiona! trips from the proposed expansion are included with the existing traffic conditions today plus the additional expected traffic from all of the other previously approved projects in the surrounding area, the same 19 intersections will remain operating at or above the acceptable level of service ]3, and 4 other intersections will remain below the acceptable level of service D. Thus, the Planning Commission finds that the proposed expansion will not create any new or additional adverse effects on traffic, and will not result in any additional significant impacts compared to those identified in the traffic study conducted as part of the certified EIR. 7. Noise. The primary source of noise from MainPlace is vehicle traffic. The certified EIR analyzed sound levels at three different residential areas near MainPlace during PM peak hour traffic periods. The results demonstrated that the average 12-minute sound levels at the three locations were 64 dBa, 57 dBa and 52 dBa. There is approximately a 2 to 1 ratio between the amount of development presently at MainPlace compared to the development which existed on the Property at the time the EIR was certified. This translates to approximately an additional 3 dB increase in traffic related noise for the immediate area surrounding MainPlace. The additions of 3 dB to the reported dBa levels of the three locations studied in the EIR would result in the aggregate for each location remaining below the acceptable Community Noise Equivalent Level (CNEL) and Day-Night Noise Level (DNL). The Planning Commission finds that, based upon these guidelines, the existing sound levels in the irmnediate area of MainPlace are consistent with the land uses in the area. 048 The proposed expansion would add an additional 147,000 square feet of development which is expected to increase traffic noise levels in the area by less than 1 dB. The threshold of a perceptible increase in noise is 3 dB. Therefore, the expected increase from the proposed expansion is much lower than the initial level of a perceptible increase in no. ise. Noise generated from construction activity by the proposed expansion will be subject to the City's Noise Ordinance (No. NS-1441) which limits noise from construction from occurring outside of the daytime hours. There are no noise sensitive land uses in the immediate vicinity of the proposed expansion. Therefore, the Planning Commission finds that there will be no adverse noise effects from the proposed expansion. 8. Air Quality MainPlace is located in the Orange County portion of the South Coast Air Quality Basin which is classified as a nonattainment area for state and federal carbon monoxide (CO) levels, an extreme nonattainment area for the state and federal ozone standards and a nonattainment area for the state and federal standards for particulate matter smaller than 10 microns (PM10). Based upon a worst-case scenario of the construction related emissions from the proposed expansion (assuming the maximum number of trips to be made during any day of construction times, the maximum number of construction workers, and the maximum number of hours of operation of each type of construction equipment expected to be used on the busiest day of construction), the proposed expansion would generate emissions of approximately 72 pounds per day (ppd) of CO, 8 ppd of reactive organic gases (ROG), 75 ppd of oxides of nitrogen (Nox), and 119 ppd of PMI0. Th6se amounts are well below the South Coast Air Quality Managements District's construction emissions thresholds of 550 ppd of CO, 75 ppd of ROG, I00 ppd of Nox, and 150 ppd of PM10. Furthermore, the operations related emissions from the proposed expansion together with the emissions from the portion of the approved MainPlace project already developed would be well below the quantities generated by the approved project in the certified EIR. Thus, the Planning Commission finds that no new or more severe adverse effects would result to air quality from the proposed expansion. 9. Shade/Shallow, Solar Glare, Illumination. The certified EIR analyzed the shade/shadow impacts of the approved project based on multi-story buildings ranging from 8-story to 52-story buildings. The EIR determined that no impacts would result. The existing development in MainPlace is no higher than a 3-story building. The Planning Commission finds that the proposed expansion would blend with the existing structures, thereby not creating any adverse effects to shade/shallow. The EIR also analyzed the effects of the use of reflective materials for building surfaces, as well as the illumination from signage and parking areas. The existing development in MainPlace uses construction materials with no reflective surfaces. The Planning Commission finds that the proposed expansion would not create any adverse effects 5 O49 so long as similar non-reflective materials are used in the construction of the new structures. The proposed expansion will not result in any 'different illumination effects from the existing development, nor from the project as evaluated in the certified EIR. Thus, the Planning Commission finds that no adverse effect to illumination would be created by the proposed expansion. I0. Aesthetics. The proposed expansion will be required to blend with the existing MainPlace development, in height and other visual contexts. No obtrusive or disproportionate visual elements or scale would be created. Thus, the Planning Commission finds that no adverse effects would result to aesthetics by the proposed expansion. 11. Housing/Population. Based on the analysis in the certified EIR, a commercial or retail use would generate 1 employee for each 500 square feet of space. The proposed expansion would therefore generate approximately 300 new employees. Given the relatively high unemployment rate in central Orange County, it is expected that most of the employees will be retained from the surrounding connuunity near MainPlace, although higher-level managerial employees may be retained from farther areas. The Planning Commission finds that, as a result of the higher than average unemployment rate in central Orange County, most of the approximately 300 employee to be generated by the proposed expansion will be from the existing local pool of available employees; therefore, such employees will not have any adverse effects on the demand for new housing in the area, nor will there be a significant inflow of employees relocating to the area. 12. John Wayne Airport. The proposed expansion will not include any uses which will induce travel to John Wayne Airport, other than perhaps travel by new employees generated by the proposed expansion. Even if every employee expected to be hired as a result of the proposed expansion were to travel via John Wayne Airport, the Planning Commission finds that no adverse effect will occur upon the demand for service from or to John Wayne as a result of the proposed expansion, nor will there be any new hazards created to aircraft approaching or departing the airport given the relatively small number of additional employees (approximately 300) which will be added to the workforce by the proposed expansion. 13. Public Services and Utilities. The natural gas, electricity, telephone, water, sewer, solid waste, police and fire service capacity is adequate to handle over 4 Million square feet of commercial and retail development as determined in the certified EIR. The Planning Commission finds that the proposed expansion will not yield any greater demand upon these types of infrastructure and services than had been envisioned by the certified EIR. Furthermore, with respect to sewer capacity, the Orange County Sanitation District has completed a major sewer upgrade to the area surrounding MainPlace, which will further allow greater capacity. 6 O5O 14. Energy Conservation. The certified EIR projected consumption of over 86 Million cubic feet per month of natural gas and over 13 Million Kwh/month of electricity as a result of the full development of MainPlace. MainPlace has only been developed with 1.1 Million square feet of development. With the addition of the proposed expansion, MainPlace will only consume approximately one-third of the amount of energy consumption projected in the certified EIR. Thus, the Pla~ming Commission finds that no adverse effects upon energy consumption will occur as a result of the proposed expansion. B. There are no substantial chanqes with respect to the circumstances under which the project is undertaken. The certified EIR analyzed the impacts of development consisting of over 4 Million square feet of commercial, retail and hotel uses. The proposed expansion would involve approximately 147,000 square feet, or about 3.5% of the total square feet for the approved MainPlace development. The proposed expansion together with the approximate 1.1 million square feet which has been developed to date would equal about 31% of the total square feet for the approved MainPlace development. Furthermore, the type of development being proposed is consistent with, and will further implement, the retail and commercial uses previously approved for the MainPlace project. The mitigation measures approved for the project will be incorporated into and required for the proposed expansion to the extent applicable to the proposed project. Thus, the Planning Commission finds that the proposed expansion will not add an incremental increase from the intensity or type of development originally approved for MainPlace at the time the EIR was certified; thereby the circumstances under which the project will be developed have not changed. There is no new information of substantial importance which was not previously known at the time the previous EIR was certified. Since the EIR was certified, the enviromnental conditions surrounding the MainPlace project have improved in the following respects. First, there have been major improvements to I-5 Freeway which have improved the flow of traffic in the area. In particular, there have been two additional lanes in each direction added and a high occupancy vehicle lane with associated improvements to the ramping system, including, the improvements to the ramps located at Buffalo Street, Santa Clara Avenue, Edgewood Road, and the interchange to the Santa Aha Freeway and the Garden Grove Freeway. Second, air quality has improved in the Basin since the EIR was certified. The Planning Commission finds that the record does not indicate any credible or studied information which suggests that there exists any new information of substantial importance which was unknown at the time the EIR was certified. 7