HomeMy WebLinkAbout31A - 101 S. GUNTHER
REQUEST FOR
COUNCIL ACTION
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CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
APRIL 17, 2006
TITLE:
VARIANCE NO. 2005-06 TO ALLOW A
REDUCTION IN LOT SIZE AT 101 SOUTH
GUNTHER STREET - DIEP NGOC TRAN,
APPLICANT
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
1
t?d?f?
CONTINUED TO
/
FILE NUMBER
RECOMMENDED ACTION
Receive and file the staff report approving Variance No. 2005-06 as
conditioned.
PLANNING COMMISSION ACTION
On March 27, 2006, the Planning Commission approved Variance No. 2005-06
as conditioned by a vote of 6:0 (Rodriguez absent) to allow a reduction
in lot size in order to construct a flower shop in the North Harbor
Specific Plan (SP2) zoning district at 101 South Gunther 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.
~Vino
Executive Director
Planning & Building Agency
AN:rb
an\plancomm\va05-06.cc
31A-1
REQUEST FOR
Planning Commission Action
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PLANNING COMMISSION SECRETARY
PLANNING COMMISSION MEETING DATE:
MARCH 27, 2006
TITLE:
PUBLIC HEARING - FILED BY DIEP
NGOC TRAN FOR VARIANCE NO. 2005-06
TO ALLOW A REDUCTION IN LOT SIZE AT
101 SOUTH GUNTHER STREET
APPROVED
D As Recommended
D As Amended
D Set Public Hearing For
DENIED
D Applicant's Request
D Staff Recommendation
CONTINUED TO
Prepared by Ann Hsin-An Ni
'~utive Director
ILtW'M. ~
Planning Manage
RECOMMENDED ACTION
Adopt a resolution approving Variance No. 2005-06 as conditioned.
DISCUSSION
Request of Applicant
Ms. Diep Ngoc Tran is requesting approval of Variance No. 2005-06 to allow
a reduction in lot size in order to construct a flower shop at 101 South
Gunther Street.
Property Description
The property is located within the North Harbor Specific Plan (SP2) zoning
district and has a General Plan land use designation of General Commercial
(GC) with a floor area ratio of 0.5. The project site is surrounded by
single- family residences to the south and commercial uses to the east,
west and north (Exhibits 1 and 2) .
The property is approximately 0.18 acres in area, flat, rectangular in
shape and currently occupied by a single-family residence with a one-car
attached garage. There is an existing billboard on-site, approximately 16
feet in width and 20 feet in height. The project site is situated at the
southeast corner of Gunther and First Streets. First Street is designated
an arterial street and Gunther Street is designated a local street in the
General Plan Circulation Element.
EXHIBIT A
31A-2
Variance No. 2005-06
March 27, 2006
Page 2
Project Description
The project involves the demolition of the existing 880 square foot
residence and the construction of a new 1,000 square foot flower shop on
an existing 7,852 square foot lot. Access to the project will be provided
from First Street. A total of six parking spaces will be provided on-
site, which satisfies the required minimum of five spaces (Exhibits 3
and 4) .
The design of the project demonstrates a high quality appearance
appropriate for a commercial use and satisfies the design standards set
forth in the North Harbor Specific Plan. The proposed building elevations
will be enhanced by providing stone veneer and clear glass windows. These
architectural features will accentuate the exterior elevation and provide
consistency with the architectural styles and improve the commercial
character within the First Street Commercial Corridor.
A combination of trees, shrubs and ground cover will be planted within the
setback area on both First and Gunther Streets. A total of six 24-inch
box trees, including Canary Island pine (Pinus canariensis), London Plane
Tree (Platanus Accerifolia 'Yearwood') and Brisbane Box (Tristania
Conferta), are required as part of the landscape palette (Exhibit 5).
Analysis of the Issues
The North Harbor Specific Plan was envisioned to create a strong and
viable commercial district supported by safe and well-maintained
neighborhoods. A minimum lot size of 15,000 square feet for commercial
development was established in the Specific Plan as a standard to
encourage lot consolidation and the development of larger commercial
centers.
The proposed flower shop is a permitted use in the General Commercial
district of the North Harbor Specific Plan (SP2) but the existing lot
does not meet the lot size requirement of the SP2 district. This
property was originally subdivided as part of residential development
for a single family residence. Over the years, similar nearby
properties fronting First Street transitioned to commercial uses.
Because of the limited lot size, it has been impractical for the subject
property to achieve a viable and quality commercial development.
31A-3
Variance No. 2005-06
March 27, 2006
Page 3
The property owner wishes to convert the site to a commercial use, in
furtherance of the goals of the Specific Plan, but is constrained from
doing so due to the pre-existing subdivision pattern in the area. The
proposed project meets the zoning code in all other regards except for
the lot size. The variance from the lot size requirement is necessary
due to the existing legally subdivided configuration and the
unavailability of adj acent properties. 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.
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
new flower shop will contribute to the general well being of the
community by providing retail 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.
In summary, with the approval of the variance requests, the proposed
commercial building will comply with the provisions set forth in the
North Harbor Specific Plan (SP2) zoning district and Land Use Element of
the General Plan. Staff recommends approval of Variance No. 2005-06 as
conditioned.
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.
"
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Ann Hsin-An Ni
Associate Planner
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Senior Plann~
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KO -3/20/06
RESOLUTION NO. 2006-005
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING VARIANCE NO.
2005-06 FOR THE PROPERTY LOCATED AT 101 SOUTH
GUNTHER 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 No. 2005-06 to allow a
reduction in lot size for the property located at 101 South Gunther Street.
B. Variance No. 2005-06 came before the Planning Commission on March
27, 2006 for a duly noticed public hearing.
C. The Planning Commission determines that for Variance No. 2005-06 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
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 southeast corner
of Gunther and First Streets, which is a contained site
surrounded by existing residential and commercial
developments. The lot size reduction is necessary due to
the existing configuration and the unavailability of adjacent
properties. 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
Resolution No. 2006-005
Page 1 of 6
31A-10
retail building that is consistent with the intent of the North
Harbor Specific Plan (SP2).
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 retail service to residents and visitors as well as
enhancing the economic stability of the area by converting a
single-family residence 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 flower shop 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 action 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.
Section 2. The Planning Commission of the City of Santa Ana after conducting
the public hearing hereby approves Variance No. 2005-06 as conditioned in Exhibit A
attached hereto and incorporated as though fully set forth herein. This decision is
based upon the evidence submitted at the above said 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 27th day of March, 2006 by the following vote:
AYES: Commissioners: Betancourt, Cribb, De La Torre, Gartner, Leo, Lutz
(6)
NOES: Commissioners: None (0)
ABSENT: Commissioners: Rodriguez (1)
ABSTENTIONS: Commissioners: None (0)
Resolution No. 2006-005
Page 2 of 6
31A-11
Christopher Leo
Chairman
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Kylee O. Otto
Assistant City Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARTHA RAMIREZ, Clerk of the Planning Commission, do hereby attest to and
certify the attached Resolution No. 2006-005 to be the original resolution adopted by the
Planning Commission of the City of Santa Ana on March 27, 2006.
Date:
Clerk of the Planning Commission
City of Santa Ana
Resolution No. 2006-005
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Conditions for Approval for Variance No 2005-06
Variance No. 2005-06 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. 03-
71.
2. After project occupancy, landscaping is to be maintained to include the
minimum level of plant materials installed at the time of occupancy.
3. 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.
4. 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.
5. A color and material board shall be submitted to the Planning Manager for
review and approval prior to issuance of building permits.
6. The vehicular entry on First Street shall be constructed of integrally-
colored concrete with a decorative scoring pattern. A plan detailing the
final materials and design for the entry treatment shall be submitted to the
Planning Manager for review and approval prior to issuance of building
permits.
7. A six-foot high decorative block wall along the south and east property
lines shall be provided and shall include caps and pilasters with a stone
veneer to match the proposed stone veneer on the building, subject to
review and approval of the Planning Manager.
8. The proposed concrete patio shall not encroach into the required five-foot
landscape planter along the south property line.
Exhibit A
Resolution No. 2006-005
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9. A revised landscaping plan identifying the quantity and species of trees
and shrubs must be submitted, subject to review and approval of the
Landscape Associate.
10. Public payphones, if provided, may only be located within buildings or in
the interior of the site.
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.
Resolution No. 2006-005
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PROOF OF SERVICE
(C,C,P, SECTION 1 013(a), 2015,S)
STATE OF CALIFORNIA. COUNTY OF ORANGE
I am employed in the aforesaid county; I am over the age of eighteen and not a
party to the within action; my business address is 20 Civic Center Plaza, Ross Annex
2nd, Santa Ana, California 92702.
Diep Ngoc Tran
20111 Cove Circle
Huntington Beach, CA 92646
[ ] I caused to be delivered by courier, such envelope by hand to the office of the
addressee(s).
[X] BY MAIL I am readily familiar with my employer's practice of collection and
processing correspondence for mailing. Under that practice it would be deposited with
U.S. Postal Service on that same day with postage thereon fully prepaid at Santa Ana,
California in the ordinary course of business. I am aware that on motion of the party
served, service is presumed invalid if postal cancellation date or postage meter date is
more than one day after date of deposit for mailing in affidavit.
[ ] The document was transmitted by facsimile transmission and was reported as
complete and without error.
I declare under penalty of perjury under the laws of the State of California that
the foregoing is true and correct.
Executed on March 28, 2006 at Santa Ana, California.
MARTHA RAMIREZ
Resolution No. 2006-005
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