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Home My WebLink About97-025 - Approving Variance No. 97-07171 RESOLUTION NO. 97- 025 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 97-07, TO ALLOW A REDUCTION IN PARKING AND THREE VARIATIONS FROM THE SIGN CODE FOR THE DEVELOPMENT OF A SHOPPING CENTER LOCATED AT 1935 EAST SEVENTEENTH STREET WHEREAS, this Council held a public hearing on May 19, 1997, on Variance Application No. 97-07, to allow various variances from zoning code standards for a shopping center to be developed at 1935 East Seventeenth Street; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: 1. Variance No. 97-07 is hereby granted for the shopping center to be developed at 1935 East Seventeenth Street with respect to the following items. A reduction in parking requirements from 624 spaces to 558 spaces. A variance from the seven foot height requirement for freestanding signs to allow a 15 foot high pylon sign. A variance from the maximum number of items of information on a sign to allow 10 items of information. A variance from the secondary signage requirements to allow Orchard Supply Hardware to advertise "Garden Center" on its building. 2. 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 follows: A. 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. The size of the proposed project as well as the mixture of uses provided therein, in relation to the request for a reduction in parking, are not otherwise at variance with the intent and purpose of this chapter. The reduction in parking is supported by 172 RESOLUTION 97-025 a parking analysis which indicates that there will be no adverse impacts to allow a lower amount of parking. Further, the increased height of the signage and the corresponding increase in the items of information is consistent with the policy direction for large mixed use development sites. B. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights; Granting of the requested variance would allow the proposed center the enjoyment of vested property rights as well as the flexibility to meet the intent of the code in a manner consistent with the policy direction for parking and signage in large shopping centers with a mixture of food and retail uses. C. That granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property; Granting the requested variance will not be materially detrimental to the public welfare or injurious to surrounding property. The project has been designed to mitigate impacts to the surrounding property. Further, granting the reduction in parking is supported by analysis which indicates no impacts to surrounding properties. The increase in sign height will likewise not impact surrounding properties, but rather, is consistent with policy direction to allow taller signage for large commercial centers. D. That the granting of a variance will not adversely affect the general plan of the city. Granting the requested variance will not adversely affect the general plan of the city. Due to the design of the project and the analysis of the parking impacts, no adverse impacts are anticipated. Further, the project as proposed, is consistent with land use, urban design and economic development policies of the general plan and will be an overall asset to the community. 3. The approval of Variance No. 97-07 as set forth in section 1 of this Resolution is subject to the conditions set forth as follows: A. Plannina Division 1. The project must be developed in accordance with the approved site plan for DP 96-77R. 2. Construction drawings for site and building work on Pad A, the proposed drive-through restaurant site, must be submitted for final review and approval by the Planning Division prior to submittal into Building Plan Check. 2 RESOLUTION 97-025 173 3. The restaurant shall not operate between the hours of 12:00 a.m. and 5:00 a.m. without an approved conditional use permit. ~ 4. Secondary signage for Orchard Supply Hardware (Retail Building 1), if approved by the Planning Commission in Variance 97- 07, is limited to the wording "Garden Center." 5. The project is subject to the attached Phasing Plan (Attachment A), should construction of the entire project not proceed concurrent with or within 60 days of construction of Phase I as reflected in Exhibit 8 of the preceding staff report. 6. The project shall comply with all mitigation measures as set forth in the Mitigation Monitoring Program. 7. Parking lot sweeping or outdoor clean up activity in parking areas to the north of the front building elevations for buildings 1, 2, and 3 shall be limited to the hours of 7:00 a.m. to 10:00 p.m. 8. Parking lot sweeping or outdoor clean up activity in parking areas to the south of the front building elevations for buildings 1, 2, and 3 shall be limited to the hours 6:00 a.m. to 1:00 a.m. 9. The final landscaping plan shall indicate stepping stones as necessary on the east property line to prevent degradation of the landscaping from foot traffic between the Home Place shopping center and the property east of the site. 10. The final landscaping plan for the easterly portion of the project shall be submitted for Planning Commission review prior to its approval. B. Police Department 1. The project applicant will be required to provide parking area security patrols, but only at such time as parking spaces are actually striped and available for public use on the west side of Retail Building 3 north of the building storefront. Such patrols will be required only during the hours from sundown until one half hours after the stores close. Six months after implementation and annually thereafter, this mitigation measure will be reviewed by the Santa Ana Police department for possible modifications based upon observations by the property owner and review of the Police Department incident reports. C. Public Works Aqency Prior to release of utilities, complete the following: RESOLUTION 97=025 174 1. Improve Seventeenth Street per approved improvement plan, as follows: a) Modify and construct a new traffic signal at the easterly drive approach. b) Construct a new 10 foot full width sidewalk, curb, and gutter along the frontage. c) Construct two wheelchair ramps at the easterly drive approach. d) Construct new drive approach at the westerly drive approach, (W-30', A-40', X-3') per City Standard. e) Plant a minimum 24 inch box street trees per city Standard #1124 at locations in accordance with approved improvement plans. f) Furnish ornamental street lighting on Seventeenth Street with underground service as directed by the City Lighting Engineer. g) Install "No Stopping Anytime" zone on Seventeenth Street. h) Install signage and street striping per approved channelization plan. i) Remove and reconstruct the curb, gutter, sidewalk per the approved improvement plans. j) Install storm drain per the approved improvement plans. ADOPTED th~ 19th the Council COUNCILMEMBERS: Pulido Aye Richardson Absent Espinoza Aye Lutz Aye McGuigan Aye Franklin Aye Moreno Aye day of May , 1997. or /1' A p%~o v~T~ ~~ Attorney 175 CERTIFICATE OF ORIGINALITY State of California County of Orange I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Resolution No. ~7-- O,~.m,.5'-- to be the original resolution adopted by the City Council of the City of Santa Aha on Date: ~7/¢'7