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Home My WebLink About31C - 206 N. OLIVE ST. REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: k SEPTEMBER 19, 2005 TITLE: VARIANCE NO. 2005-25 TO ALLOW REDUCTIONS IN THE FRONT YARD SETBACKS, LANDSCAPING AND LOADING ZONE REQUIREMENTS AT 206 NORTH OLIVE STREET - RICHARD CHIARINI, APPLICANT /'/ /}' / " / ,,' ,;; ~" 7C: t .I. ,\/l,' t ~-- CITY MANAGER APPROVED o As Recommended o As Amended o Ordinance on 151 Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION Receive and file the staff report approving Variance No. 2005-25(a) as conditioned, Variance No. 2005-25 (b) as conditioned and Variance No. 2005-25(c) as conditioned. PLANNING COMMISSION ACTION On August 22, 2005, the Planning Commission approved Variance No. 2005- 25(a) to allow a reduction in front yard setbacks as conditioned, Variance No. 2005-25(b) to allow a reduction in landscaping as conditioned and Variance No. 2005-25(c) to waive the loading space requirement as conditioned by a vote of 6: 0 (Cribb abstained) in the Professional (p) zoning district at 206 North Olive Street. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A) . FISCAL IMPACT There is no fiscal impact associated with this action. M. Trevino E tive Director Planning & Building Agency AN:rb an\plancomm\va05-25.cc 31 C-1 REQUEST FOR Planning Commission Action ~- /~~~ !'i.~ Jli ~~~ ~ PLANNING COMMISSION SECRETARY PLANNING COMMISSION MEETING DATE: AUGUST 22, 2005 TITLE: PUBLIC HEARING - FILED BY RICHARD CHIARINI FOR VARIANCE NO. 2005-25 TO ALLOW REDUCTIONS IN THE FRONT YARD SETBACKS, LANDSCAPING AND LOADING ZONE REQUIREMENTS AT 206 NORTH OLIVE STREET APPROVED o As Recommended o As Amended o Set Public Hearing For DENIED o Applicant's Request o Staff Recommendation CONTINUED TO Prepared by Ann Hsin-An Ni ~ecutive Director RECOMMENDED ACTION Mo-u.<p,~Zgr Adopt a resolution: 1. Approving Variance No. 2005-25 (a) to allow a reduction in front yard setbacks as conditioned. 2. Approving Variance No. 2005-25 (b) landscaping as conditioned. to allow a reduct ion in 3. Approving Variance No. 2005-25(c) to waive the loading space requirement as conditioned. DISCUSSION Request of Applicant Richard Chiarini is requesting approval of Variance No. 2005-25 to allow reductions in the front yard setbacks, required landscaping and required loading zone requirements in order to construct a new office building to be located at 206 North Olive Street. Property Description The property is located within the Professional (P) zoning district (Exhibit 1) and has a General Plan land use designation of Low Density Residential (LR7) at seven dwelling units per acre. This site is surrounded by a combination of commercial uses to the north and south, a park to the east, and single-family residences to the west (Exhibit 2). EXHIBIT A 31 C-2 Variance No. 2005-25 August 22, 2005 Page 2 The property is approximately 0.09 acres in area, flat, rectangular in shape and currently vacant. The property is located on the west side of Olive Street between Second and Third Streets; Olive, Second and Third Streets are designated as local streets in the General Plan Circulation Element. Project Description The proj ect involves the construction of a two-story, 1,480 square foot office building. The floor plan includes three work spaces, a meeting room, a storage room and a reception area (Exhibits 3 and 4) . The design of the project demonstrates a high quality appearance appropriate for an office use and satisfies the design standards set forth in the Urban Design Element. The proposed building elevations will be enhanced by providing natural stone veneer, patinated metal roofing, clear glass panels and wood walls (Exhibit 5). These architectural features will accentuate the exterior elevation and provide consistency with the archi tectural styles wi thin the Civic Center Professional District. The existing Olive tree at the corner of Olive and Second Streets will be preserved. A combination of trees, shrubs and ground cover will be planted within the setback area on both Olive and Second Streets. Access to the project will be provided from both Olive and Second Streets. A total of four parking spaces will be provided which satisfy the code requirement. Analysis of the Issues The proposed office use is permitted in the Professional (P) zoning district. The proposal meets the majority of the development standards except for front and side yard setback, landscape planter and loading space requirements. Pursuant to Section 41-315 and 1305 of the Santa Ana Municipal Code, a landscaped yard area of 15 feet along all street frontages is required. The variance request is to allow a reduction in required landscape setbacks from 15 feet to 10 feet along Second Street and from 15 feet to 5 feet along Olive Street. Section 41-317 and 317 require a five-foot landscape planter around and abutting the building and a planter for every 10 parking spaces provided while the applicant proposes to reduce the size of the required landscape planter on the west side of the building from five feet to one-foot and no required landscape planters in the parking area. Additionally, a loading space is required pursuant to Section 41-1305 of the Santa Ana Municipal Code. 31 C-3 Variance No. 2005-25 August 22, 2005 Page 3 The property has historically been vacant primarily due to the size of the parcel. Because of the limited lot size, it has been impractical to achieve a viable and quality design for any type of development. However, the proposed project meets the intent of the zoning code and the General Plan Land Use Element. Setback Variance The proposed building setback along Second Street varies from 10 feet to 19 feet and from 5 feet to 11 feet along Olive Street. The proposed building is 20 feet wide and 51 feet deep. Due to the limited lot size and configuration, it is not feasible to construct a building to meet the current setback and landscape standards. The proposed parking lot complies with the current setback standards. The applicant proposes to preserve the existing olive tree at the corner of Second and Olive Street as well as install new landscaping materials within the front and side yard setback areas. Staff recommends that the required trees be upgraded to a 36-inch box size and shrubs to a five- gallon size throughout the project to compensate for the reduced landscape setbacks. Landscaping Variance The second variance request is to allow a reduction in required landscaping on the west side of the proposed building. Section 41-317 and 319 require a five-foot landscape planter around and abutting the building and a planter for every 10 parking spaces provided. Due to the small lot size, the applicant is unable to meet this standard. As an alternative, the applicant proposes to provide a one-foot planter that will contain California Gray Rush (Juncus Patens). This plant material is recommended to be planted between stones and pebbles to soften the appearance of the hard surface and provide a buffer between the building wall and the concrete driveway. Loading Space Variance Pursuant to Section 41-1305 of the Santa Ana Municipal Code, a 10-foot by 25-foot loading space is required for the building. Due to size and configuration of the parcel, it is not feasible to accommodate the loading zone requirement. Since the building contains only 1,480 square feet of area, delivery of supplies is not anticipated to cause any impact to the public street. A condition of approval is recommended to restrict the delivery hours to before 9:00 a.m. or after 5:00 p.m. to avoid any potential conflict in the parking area. 31C-4 Variance No. 2005-25 August 22, 2005 Page 4 One of the goals of the Land Use Element is to preserve and improve the character and integrity of existing neighborhoods. The project has been designed to preserve the character of the surrounding neighborhood. The facility will contribute to the general well being of the community by providing professional service to residents and visitors as well as enhancing the economic stability of the area by converting a vacant lot into a vital, active professional office development. In summary, with the approval of the variance requests, the proposed office building will comply with the provisions set forth in the Professional (P) zoning district and Land Use Element of the General Plan. Staff recommends approval of Variance No. 2005-25 as conditioned (Exhibits 6 and 7) . CEQA Compliance This proj ect was reviewed in accordance with the Guidelines for the California Environmental Quality Act. The recommendation is exempt from further review pursuant to Section 15303 and 15305. The Class 3 exemption allows the construction of small structures and the Class 5 exemption allows minor alterations in land use limitations. Categorical Exemption Environmental Review No. 2004-246 will be filed for this project. .,. /.~I Ann Hsin-An Ni Associate Planner ,. ~~ Vince Fregoso, Senior planner Foa. AICP AN:JM an\plancomm\va05-25_pc 31 C-5 ] R1 '~;:~ Ji Rl B JI R1 ~". a ,,,r :~ ~f R1 ~ ti JI > Rl JET R1 Rl R2 ! 11SP.1 Rl Rl Rl -B JI S P R1 80-20 SD-20 63.S ~ ~ GC ~ R2 -~ GC ~I 0 [~m p P P I ~~ SO-55 P (p ~ 0 ) SD-13 PROJECT SITE SD-l 80.18 ~ C2 /:~~ R2 0 R1 '~B I~ 0 R1 R1 R2 18- R1 R2 IE] I R2 R1 R1 R2 R3 R3 0 Al -8 C.SM Cl Cl-MD C2 C3 C3-A C4 C5 GENERAL AGRICULTURAL PARKING MODIFICATION COMMERCIAL SOUTH MAIN COMMUNITY COMMERCIAL COMM. COMMERCIAUMUSEUM DISTRICT GENERAL COMMERCIAL CENTRAL BUSINESS CENTRAL BUSINESS-ARTIST VILLAGE PLANNED SHOPPING CENTER ARTERIAL COMMERCIAL CR GC Ml M2 MO o P PCD PRO COMMERCIAL RESIDENTIAL GOVERNMENT CENTER LIGHT INDUSTRIAL HEAVY INDUSTRIAL MILITARY OPERATIONS OPEN SPACE PROFESSIONAL PLANNED COMMUNITY DEVELOPMENT PLANNED RESIDENTIAL DEVELOPMENT Rl R2 R3 R4 RE SO SP SINGLE FAMILY RESIDENTIAL TWO FAMILY RESIDENCE MULTIPLE FAMILY RESIDENCE SUBURBAN APARTMENTS RESIDENTIAL ESTATE SPECIFIC DEVELOPMENT SPECIFIC PLAN ~ ~ VA 05-25 DESIGN WEST/RICHARD CHIARINI 206 NORTH OLIVE STREET A GY' - = 500 FEET l' = 1000 FEET P LAN N N G AND BU LD EXHIBIT 1 31 C-6 N G AGE N C Y ORANGE COUNTY SHERIFF THIRD STREET -J -.: <: 0 R S I 0 E N T I A L CI) CI) lJJ lJ. 0 a: Cl.. ... 0 R E S I D E N I L Ww ..,... 0- a:0 a. .... W w a: .... UJ PAR K SECOND STREET SENIOR COMMERCIAL w > :J o HOUSING COMMERCIAL A VA 05-25 DESIGN WEST/RICHARD CHIARINI 206 NORTH OLIVE STREET A ~ PLANNING AND BUILDING AGE N C Y EXHIBIT 2 31 C-7 ~ ~ ~ ~ 'I ~ ; g g ~ ~ . < ~u_;_ g ~ _ __ ~u_ --- -- l ~) Cl ~ .- .. >C Qle( a:S C; m~ -0 A.~ QI'- ...,U .- ... cn.e lEB III GI 'f GI a. l: (; o ~~ .0 L. ._ 0- ~ D. ~ _cq lI'l .- >~,..,: C>..~ .- .., I: '" ~..-<~ .- .fl IS ;:::: ~Ol:_ U:;:~-a ... ~ en Jl- U,I "tl ~ ~ 8~ Z DO Jl l5 .., C t:: .,; v.- ~ l: -'tj > -< ~=s ~ ~ Ola - J1l ~ ~ g ~J i g ,I' -i h 1.33Hl.\ 3^110 lit . . - · 8 ;, f I I ! ~ ~ ~ ! ~ ~ g . ~ . ~ ~ I ~ s 1 _I I 11111 II g'il~{ .q ~ .' j gH ~ I ~ I i --i:j, '~- . ~ Ii I I . . ___ _ L__ _________ .0_____ _j , . I I I I I 1i1 glint, . . ~H ~ ~ ~ ~H :J :J ~ ~ ~ ~ t;: ';; ~ ~ ~; . ~ ~ ~ ~ ' ~ ~ q L ~ i ~l,li,~il oU l~ J Ill.. 1.S> . IH U,ili' : !~~ ~i~ (j g ~ ~ ~ ~"'~ f I 111 gliut, . . gH 1i1 gUnt ""':1 I VA 05-25 E~~_~ !:: ... .. '" 0 ~ N U '" 0 ... u , " '" ... N II UI '" ~ u u ~ III <( < '" u ~ <C ~ ~ '" - .; ~ .. N :t u ,- - u ~ ~ .. ~ . ~ :t . '" , '" ... .... ~ :e o } ( ~ I ~ ~ ~ g g I 0 + ."," , t- UJ I ~ iJ..J e: ~ 'f; g 0 I z 0 0 U :..u p ~ ~ - g ~ ... .. ale> iffi ~ .. ... ~ '; ,.... ~ ~'" III W . lU ~ .. ._ It \l 'f . >c ~ :! III :; 0( &~ ~ 8. c:_ ~ en "'- cc ~ u W "1:10 o ~~ .c ;~ ~ c:'" ~ c ON t:E~~ :t: ~o- ~ Z DO'" 6 ._ ~ d "! . ~ -0 ~ . A.l;' ".5 Xi ~ c ..r~ :t: 'C ... c: '" to ~ , -oa ~ <( ~ CU'- 1lI"'<(.r ...... ...,u :C=s 8 ~ ._.11 ~- .. ._ L- .co '" cn.2 em _ J1 U:3J1~ ::;) a:: - -- --I- I I i \ I I -----~ -I I 1 1 1 1 1 1 I I I ~ ~ ; .---.----------- ----------------. I I I I I I ! 1 I i 1 I \ 1 I L____________________________________________________________J I L ~ ~_~~~ ~~_~~ ~ ~-~ ~~j r--- --, 1 1 1 1 ~ ~ o g ~ ! ){/ / ~ ~ VA 05-25 3~~!94 ~ ._11I >c: QleI: a:::l cli llS~ -0 A.l;- QI'- ..,U ._ 10 U).2 . . I I (l'" ~ t en t W "'0 ~ ~~ :> 00- Z~'*i5 ".5 ~ ~ cn~ ~ <( W'S 8 ~ om _~ lEB III Gl 'f [c- o ~R ..c.......o A.:CO-~ ._ ~::ll3 "'! c....... ....,. .;: ... c '" Ii .. <( . ._.J:l fI:! ,A:oc...... u:x:~i " ~ :!! __~ .f~M_ ----\-:::h~~ ~ ---1t1t ',- 1 , VA 05-25 E,l(HIBIT 5 31 C-1 0 ~... co 0 ..I u III II III ~ .. .~ ..... ~" z .. . ~ 0( ':u . .t: J: u . ~ J: I- ;:) ~ . .. ~ , ~ ... I- II: Variance No. 2005-25 August 22, 2005 Page 1 of 2 Findings of Fact A. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, that 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. There are special circumstances applicable to the subject property. The subject site is located on the northeast corner of Olive and Second Streets, which is a contained site surrounded by existing residential and commercial developments. The setback, landscaping reductions and loading space waiver are necessary due to the limited lot size and configuration. This variance will allow the applicant the ability to use the property in a manner that is consistent with similar surrounding commercial and professional uses. B. That the granting of a variance is necessary for the preservation and enjoYment of one or more substantial property rights. The granting of the variance will preserve the property owner1s ability to develop the property with a well-designed office building that is consistent with the Professional (P) zoning district. C. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of the variance will not be materially detrimental to the public welfare or injurious to surrounding property because the project has been designed to preserve the character of the surrounding neighborhood. The facility will contribute to the general well being of the community by providing professional service to residents and visitors as well as enhancing the economic stability of the area by converting a vacant lot into a vital, active commercial development. VA 05-25 3 ;"C!If 1 Variance No. 2005-25 August 22, 2005 Page 2 of 2 D. That the granting of a variance will not adversely affect the General Plan of the City. The granting of the variance General Plan of the City since designed in conformance with General Plan requirements. 31 C-12 will not adversely affect the proposed office building City Zoning, Development, the was and AUGUST 22, 2005 PAGE 1 OF2 Conditions for Approval variance No. 2005-25 is approved subject to compliance, to the reasonable satisfaction of the Planning Commission, 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. The applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this variance. The applicant must remain in compliance with all conditions listed below throughout the life of the variance. Failure to comply with each and every condition may result in the revocation of the variance. A. Planning Division 1. The project shall remain in compliance with Site Plan Review DP No. 04-88. 2. File, process and record a five-foot property line radius dedication at the northwest corner of Olive Street and Second Street for a new wheelchair ramp prior to issuance of building permits. 3. File and record a reciprocal ingress and egress agreement to allow shared parking and driveway access with the property immediately to the north prior to issuance of building permits. 4. After project occupancy, include the minimum level time of occupancy. landscaping is to be maintained to of plant materials installed at the 5. The required trees shall be upgraded to a 36-inch boxed size and shrubs shall be upgraded to a five-gallon size throughout the project. 6. Any amendment to this variance must be submitted to the Planning Division for review. At this time, staff will determine if administrative relief 1S available or the variance must be amended. 7. Delivery hours are required to be before 9:00 a.m. or after 5:00 p.m. to avoid any potential conflict in the parking area. 3 mo&t~ AUGUST 22, 2005 PAGE20F2 B. Police Department 1. The proposed building and parking lot must conform with the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project's lighting, door/window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. 31C-14 KO -09/02/05 RESOLUTION NO. 2005-67 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2005-25 AS CONDITIONED TO ALLOW REDUCTIONS IN THE FRONT YARD SETBACKS, LANDSCAPING AND LOADING ZONE REQUIREMENTS FOR THE PROPERTY LOCATED AT 206 NORTH OLIVE STREET BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of Variance 2005-25, to allow three variances from the zoning code to allow reductions in the front yard setbacks, landscaping and loading zone requirements for the property located at 206 North Olive Street. The three variances are as follows: 1. Variance No. 2005-25(a) to allow a reduction in front yard setbacks as conditioned. Pursuant to Section 41-315 of the Santa Ana Municipal Code, a landscaped yard area of 15 feet along all street frontages is required. 2. Variance No. 2005-25(b) to allow a reduction in landscaping as conditioned. Section 41-317 and 41-319 requires a five-foot landscape planter around and abutting the building and a planter for every 10 parking spaces provided. 3. Variance No. 2005-25(c) to waive the loading space requirement as conditioned. Pursuant to Section 41-1305 of the Santa Ana Municipal Code, a 10-foot by 25-foot loading space is required for the building. B. Variance No. 2005-25 came before the Planning Commission on August 22, 2005 for a duly noticed public hearing. C. The Planning Commission determines that for Variance No. 2005-25 (a, b, and c) the following findings, which must be established pursuant to Santa Ana Municipal Code Section 41-638 in order to grant a variance from the provisions of the Santa Ana Municipal Code, have been established: 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location, or 31 C-15 Resolution No. 2005-67 Page 1 of 4 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. There are special circumstances applicable to the subject property. The subject site is located on the northeast corner of Olive and Second Streets, which is a contained site surrounded by existing residential and commercial developments. The setback, landscaping reductions and loading space waiver are necessary due to the limited lot size and configuration. This variance will allow the applicant the ability to use the property in a manner that is consistent with similar surrounding commercial and professional uses. 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of the variance will preserve the property owner's ability to develop the property with a well-designed office building that is consistent with the Professional (P) zoning district. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of the variance will not be materially detrimental to the public welfare or injurious to surrounding property because the project has been designed to preserve the character of the surrounding neighborhood. The facility will contribute to the general well being of the community by providing professional service to residents and visitors as well as enhancing the economic stability of the area by converting a vacant lot into a vital, active commercial development. 4. That the granting of a variance will not adversely affect the General Plan of the City. The granting of the variance will not adversely affect the General Plan of the City since the proposed office building was designed in conformance with City Zoning, Development, and General Plan requirements. D. This project was reviewed in accordance with the Guidelines for the California Environmental Quality Act. The recommendation is exempt from further review pursuant to Section 15303 and 15305. The Class 3 exemption allows the construction of small structures and the Class 5 31 C-16 Resolution No. 2005-67 Page 2 of 4 exemption allows minor alterations in land use limitations. Categorical Exemption Environmental Review No. 2004-246 will be filed for this project. Section 2. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Variance No. 2005-25 (a, b, and c) as conditioned in Exhibit A attached hereto and incorporated herein as though fully set forth. This decision is based upon the evidence submitted at the abovesaid hearing, which includes but is not limited to: the Staff reports and exhibits attached thereto; and the public testimony all of which are incorporated herein by this reference. ADOPTED this 22nd day of August, 2005 by the following vote: AYES: Commissioners: De La Torre, Gartner, Leo, Lutz, Mondo, Nalle (6) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: Cribb (1) Glenn Mondo Chairperson APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee O. Otto Assistant City Attorney 31 C-17 Resolution No. 2005-67 Page 3 of 4 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Clerk of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2005-67 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on August 22, 2005. Date: Clerk of the Planning Commission City of Santa Ana 31 C-18 Resolution No. 2005-67 Page 4 of 4 Conditions for Aooroval for Variance No. 2005-25 Variance No. 2005-25 is approved subject to compliance, to the reasonable satisfaction of the Planning Commission, 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. The applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this variance. The applicant must remain in compliance with all conditions listed below throughout the life of the variance. Failure to comply with each and every condition may result in the revocation of the variance. A. Plannina Division 1. The project shall remain in compliance with Site Plan Review DP No. 04- 88. 2. File, process and record a five-foot property line radius dedication at the northwest corner of Olive Street and Second Street for a new wheelchair ramp prior to issuance of building permits. 3. File and record a reciprocal ingress and egress agreement to allow shared parking and driveway access with the property immediately to the north prior to issuance of building permits. 4. After project occupancy, landscaping is to be maintained to include the minimum level of plant materials installed at the time of occupancy. 5. The required trees shall be upgraded to a 36-inch boxed size and shrubs shall be upgraded to a five-gallon size throughout the project. 6. Any amendment to this variance must be submitted to the Planning Division for review. At this time, staff will determine if administrative relief is available or the variance must be amended. 7. Delivery hours are required to be before 9:00 a.m. or after 5:00 p.m. to avoid any potential conflict in the parking area. B. Police Deoartment 1 . The proposed building and parking lot must conform with the provisions of Chapter 8, Article II, and Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project's lighting, door/window locking devices and addressing be Exhibit "A" 3ie~~f~ upgraded to current code standards. Lighting standards cannot be located in required landscape planters. Exhibit "A" 3~gC:~O