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HomeMy WebLinkAbout31B - 1625 E 18TH STREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JUNE 4, 2007 TITLE: CONDITIONAL USE PERMIT NO. 2007-05 AND VARIANCE NO. 2007-02 TO ALLOW A REDUCTION IN LOT SIZE AND VARIANCE NO. 2007-03 FOR A REDUCTION IN STREET FRONTAGE AT 1625 EAST EIGHTEENTH STREET -,PM~R INCORPORATED, APPLICANT CITY MANAGER APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1s' Reading ^ Ordinance on 2otl Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION Receive and file the staff report approving Conditional Use Permit No. 2007-05 as conditioned and Variance Nos. 2007-02 and 2007-03 as conditioned. PLANNING COMMISSION ACTION On May 14, 2007, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2007-05 as conditioned; adopted a resolution approving Variance No. 2007-02 as conditioned to allow a reduction in lot size; and adopted a resolution approving Variance No. 2007-03 as conditioned for a reduction in street frontage in order to allow a new 4,800 square foot office building in the B-suffix zoning by a vote of 7:0 at 1625 East Eighteenth Street. The Planning Commission added conditions to the project requiring the block wall at the north property line be a minimum height of seven feet, requiring the installation of ivy on the block wall, and the submittal of a final landscape plan to the Planning Commission for their review and approval (Exhibit A). FISCAL IMPACT There is no fiscal impact associated with this action. y M. Trevino E utive Director Planning & Building Agency VF:rb of/reports/CUPOZ SfiVA09-2 &VA09-3.cc 31 B-1 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: MAY 14, 2007 TITLE: PUBLIC HEARING - FILED BY PMR INCORPORATED FOR CONDITIONAL USE PERMIT NO. 2007-05 AND VARIANCE NO. 2007-02 TO ALLOW A REDUCTION IN LOT SIZE AND VARIANCE NO. 2007-03 FOR A REDUCTION IN STREET FRONTAGE AT 1625 EAST EIGHTEENTH STREET PLANNING COMMISSION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For DENIED ^ Applicant's Request ^ Staff Recommendation CONTINUED TO Prepared by Vince Fregoso Executive Director ~~-~-UtsL_ C'~i~-r Planning Manag RECOMMENDED ACTION 1. Adopt a resolution approving Conditional Use Permit No. 2007-05 as conditioned. 2. Adopt a resolution approving Variance No. 2007-02 as conditioned to allow a reduction in lot size. 3. Adopt a resolution approving Variance No. 2007-03 as conditioned for a reduction in street frontage. DISCUSSION Request of Applicant Chris Miller, representing PMR Incorporated, is requesting approval of a conditional use permit and two variances in order to allow a new 4,800 square foot office building at 1625 East Eighteenth Street. Specifically, the applicant is proposing to park on a portion of the site that has a B suffix zoning and is requesting a reduction in the minimum lot size and street frontage. Property Description The subject site is a vacant, 14,134 square foot, rectangular shaped parcel of land that is located just west of Mabury Street. The project site is zoned Arterial Commercial (C-5) along the front 96 feet of the site and Single-Family Residential/-B parking suffix on the rear 70 feet. The parcel has a General Plan land use designation of General Commercial (GC) at the front and Low Density Residential (LR-7) at the rear. EXHIBIT A 31 B-2 Conditional Use Permit No. 2007-05 Variance Nos. 2007-02 and 2007-03 May 14, 2007 Page 2 Surrounding land uses include single-family residential to the north, commercial and office uses to the south and east, and parking lots to the west (Exhibits 1 and 2). Proiect Description The applicant is proposing to construct a one-story, 4,800 square foot office building on the existing vacant parcel. The building has been designed to accommodate a maximum of two office tenants. The structure will incorporate a variety of architectural elements and materials such as stucco walls, stone veneer on the entrance and base of the building, precast concrete window trim, a steel canopy over the primary office entries and a decorative roof cornice. A total of 14 parking spaces are required and have been provided for the project (Exhibits 3, 4, 5 and 6). Analysis of the Issues The applicant is requesting two variances to allow a reduction in lot size and street frontage for the project. Section 41-427 of the Santa Ana Municipal Code (SANG) requires a minimum lot size of 15,000 square feet for any project in the Arterial Commercial (C-5) zone and a minimum of 120 feet of street frontage. The Zoning Ordinance was created to ensure strong and viable commercial districts supported by safe and well-maintained neighborhoods. An example of the standards established to reach these goals were a minimum lot size of 15,000 square feet and 120 feet of street frontage for all commercial developments. These standards were intended to encourage larger development sites through lot consolidation, which would result in larger, more viable commercial projects. Although the proposed office building is a permitted use in the C-5 zoning district, the existing lot does not meet the lot size or street frontage requirements of the C-5 district. Over the years, similar nearby properties fronting Eighteenth Street have transitioned to uses such as parking lots or office buildings. Because of its limited lot size, it has been impractical for the subject property to achieve a viable and quality commercial development on the site. 31 B-3 Conditional Use Permit No. 2007-05 Variance Nos. 2007-02 and 2007-03 May 14, 2007 Page 3 The property owner intends to develop the site 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 lot size and street frontage. The variances from the lot size and street frontage requirements are necessary due to existing legal subdivisions and the unavailability of adjacent properties. The variances will grant 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 as part of the City's General Plan 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 and will contribute to the general well being of the community by providing a well designed office building that will minimize impacts to the adjacent residential uses. Further, the building will enhance the economic stability of the area by converting a vacant lot into a vital, active office development. The applicant is also requesting a conditional use permit to allow parking on the R1-B zoned section of the site. The B-suffix is intended to restrict the future use of the northern portion of the lot to parking only, thereby creating a permanent buffer zone between the office uses facing Eighteenth Street and the residential uses to the north. This action also allowed the City to impose the development standards for the B suffix, which are intended to mitigate noise, light and traffic intrusion into the residential neighborhoods. In 1999, the City modified the SAMC that requires a conditional use permit to allow parking in conjunction with a commercial use on any property with a B suffix in order to allow appropriate conditions specific to new projects which warranted this condition. The proposed project will meet all B suffix development standards. An existing eight-foot high masonry wall exists on the north property line, with a new five-foot landscaped buffer provided to separate the parking from the residential uses. Further, the site lighting will be designed and located to avoid impacts to adjacent residential properties. The new office building will be constructed in its entirety on the portion of the lot that is zoned C5. To prevent the site from becoming an attractive nuisance, the Planning Division is recommending conditions of approval such as maintaining the block wall and prohibiting signage facing the residential uses. These conditions will assist in minimizing impacts to the adjacent residential uses. 31 B-4 Conditional Use Permit No. 2007-05 Variance Nos. 2007-02 and 2007-03 May 14, 2007 Page 4 The proposed office building is in compliance with various policies outlined in the General Plan Land Use Element. The development of this site with quality materials and finishes will complement the surrounding neighborhood. Therefore, based upon an analysis of the project and the project's compatibility with the City's General Plan and applicable development standards, staff recommends that the Planning Commission approve Conditional Use Permit No. 2007-05, Variance No. 2007-02 and Variance No. 2007-03 as conditioned. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review pursuant to Section 15303. This Class 3 exemption allows the construction of new office buildings in urbanized areas that are less than 10,000 square feet in floor area. Categorical Exemption No. 2006-174 will be filed for this project. Vince Fregc~o, AICP Senior Planner VF:jm vf/reports/CUPO]-5&VAO]-2&VAO]-3.pc 31 B-5 R1 R7 - C5 T ni I R1 ~ it ii Al II II .~ C5 p1 I II_II _ I~_II ME Ry H4 ~-___-- ___' R4 R1 xl-..,~- t a..,hR1 R1 Rt ~ R4 L -`r I R1 R1 60-A7-7200 h,.,~b '- _ w4 R1 R1 sE o fi0-A1-]200 gg w y C5 CS 1 sa-At-]zoo S R1ii ~R1 R1 3 P fl4 I °°,~ 4 8K Al 6ioo as i Po R1 __ __ -- ..e --cxim a-__ - - I I~m .,. -e R1 ~ .,,, o s ~ a R7 Rt ~ C5 n- CS x~ i R7 R1 s sisao ,z ~ ~ cs µxz-o ffi v - 0 ¢ 60p81 x $ R4 A7 C5~ ? vno Al Al G F ""°' R1 R7 q1 Al ,.~ t ~ ~? PP R1 ~ R1 nt . ~ ~ -. 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I~ R3 50-21 'QY Ri R1- I R1 11 0 0 Mt R3 R1 Ik `~`_, R4 At GENERALAGRICULTURAL C-SM SOUTH MAIN STREET COMMERCIAL DISTRICT Pp PLANNED DEVELOPMENT -B PARKING MODIFICATION -F FLOOR AREA RATIO PRD PLANNED RESIDENTIAL DEVELOPMENT C1 COMMUNITY COMMERCIAL GC GOVERNMENT CENTER R1 SINGLE-FAMILY RESIDENCE C1-MD COMMUNITY COMMERCIAL-MUSEUM DISTRICT M1 LIGHT INDUSTRIAL R2 TWO-FAMILY RESIDENCE C2 GENERAL COMMERCIAL M2 HEAVY INDUSTRIAL R3 MULTIPLE-FAMILY RESIDENCE C3 CENTRAL BUSINESS MO MILITARY OPERATIONS R4 SUBURBAN APARTMENT C3-A GENERAL BUSINESS-ARTISTS' VILLAGE 0 OPEN SPACE RE RESIDENTIAL ESTATE C4 PLANNED SHOPPING CENTER -OZ OVERLAY ZONE $D SPECIFIC DEVELOPMENT CS ARTERIAL COMMERCIAL P PROFESSIONAL SP SPECIFIC PLAN CR COMMERCIAL RESIDENTIAL PCO PLANNED COMMUNITY DEVELOPMENT __ CUP 07-5NA 07-2NA 07-3 ~ _~ PMR, INC. OFFICE BUILDING ~,] -~~ 1625 EAST EIGHTEENTH STREET - - = 500 FEET 1' = 1000 FEET P L A N N I N G A N D _ B U I L D I N G A G E N C Y VICINITY MAP 31'~I~' ~~ SINGLE FAMILY RESIO NTIAL SINGLE FAM LY RES/ ENT/AL NINETEENTH S/ N G L E F A M l L Y E S I C O M M E R C l A L EIGHTEENTH C O M M E C I A L U Q 1 W g COMME CIAL O U SEVENTEENTH ST. CUP 07-5NA 07-2NA 07-3 PMR, INC. 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I ~1~; ~ `-']. .~ b + ~ ~3 i ` e , ~ y C ~ ,g ~ ? '' • e A..~~F iit 7f ~ ~ • ~ ~, I ~ ~ 4 6 FN ~n oa _a ~ 4 ~~ 9 I I ~ ~~f i • ~ zs I II nd Ise I ~~ ~ II ~ _;.~ a ~, ~ - ~ 9Zf~ O DES' I/ I IA' 0 9 E~A~f A i U ~ ~ _,© ~ {7~ am ~ 2 ~ ~ l © • Z a5 5 ``~,a vc ~ ~ I ~a' ~ ~~ ~ ~ ., _ ~,r c,~ , E a fl a i , 9 ~ ~~ ` "sus L- __ __ _- __.- _'.°_ _ - - y ~I ~~.,,n~.,.m E IT 6 _ - KO- 5121107 RESOLUTION NO. 2007-24 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2007-05 AS CONDITIONED TO ALLOW A PARKING LOT; AND VARIANCE NO. 2007-02 AS CONDITIONED TO ALLOW A REDUCTION IN LOT SIZE AND VARIANCE NO. 2007-03 AS CONDITIONED TO ALLOW A REDUCTION IN STREET FRONTAGE FOR THE PROPERTY LOCATED AT 1625 EAST EIGHTEENTH 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 Conditional Use Permit No. 2007-05 to allow a parking {ot on a portion of the site that is R1-B, Variance No. 2007- 02 to allow a reduction in the lot size and Variance No. 2007-03 to allow a reduction in street frontage for the property located at 1625 East Eighteenth Street. B. Conditional Use Permit No. 2007-05, Variance No. 2007-02 and Variance No. 2007-03 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on May 14, 2007. C. Conditional Use Permit No. 2007-05 has been filed with the City of Santa Ana seeking to allow a parking lot within the R1-B zone. 1. Pursuant to Santa Ana Municipal Code Section 41-611 properties with the B-suffix zoning designation may park motor vehicles in connection with any commercial use with a conditional use permit. 2. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a conditional use permit upon making certain findings. i. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? Resolution No. 2007-24 Page 1 of 11 31 B-13 The parking lot will be constructed in conjunction with a new office and will contribute to the general well being of the neighborhood by providing a permanent buffer zone between the commercial and residential uses. Conditions have been placed on the parking area that will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. ii. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? The proposed parking area, in conjunction with the construction of an office building, will provide a necessary service to the office tenants. The conditions of approval will require the office building to maintain a safe parking environment that will mitigate any potential unforeseen impact that could otherwise affect the health, safety, or general welfare of persons residing or working in the vicinity. iii. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The site as developed is suitable for the proposed use. The parking provides a required and necessary service to the office tenants and customers. The building will generate employment for the community thereby enhancing the profitability of the business, which will contribute to the economic stability of surrounding properties in the area. iv. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? With an approved conditional use permit to allow parking in conjunction with an office building and variances for lot size and street frontage, the proposed use will be in compliance with the applicable sections of Chapter 41 of the Santa Ana Municipal Code. Resolution No. 2007-24 Page 2 of 11 31 B-14 v. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed office building is located in two general plan designations; General Commercial (GC) and Low Density Residential (LR). The proposed use as designed will not adversely affect the General Plan as office uses are permitted within the General Commercial (GC) land use General Plan designation, while parking in conjunction with a retail establishment is permitted in the Low Density Residential designation. In addition, the project meets the goals and policies established in the Urban Design Element of the General Plans, as the project will be developed with high quality design, materials, finishes. D. Variance No. 2007-02 has been filed with the City of Santa Ana seeking to reduce the lot size from the minimum lot size of 15,000 as required by Section 41-427 of the Santa Ana Municipal Code. The property located at 1625 East Eighteenth Street is currently 14,134 square feet, so a variance of 866 feet is requested. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a variance upon making certain findings. 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 a contained site surrounded by an existing parking lot and office development. 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 office uses. ii. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. Resolution No. 2007-24 Page 3 of 11 31 B-15 The granting of the variance will preserve the property owner's ability to develop the property with awell- designed office building that is consistent with the intent of the Arterial Commercial zoning district. iii. 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 properties as the project has been designed to preserve the character of the surrounding neighborhood. Further, conditions of approval have been incorporated that will minimize impacts to the surrounding single-family neighborhood. iv. 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 has been designed in conformance with City Zoning, Development, and General Plan requirements. E. Variance No. 2007-03 has been filed with the City of Santa Ana seeking to allow a reduction in street frontage from 120 feet as required by Section 41-427 to 85 feet. The property located at 1625 East Eighteenth Street is currently 14,134 square feet, so a variance of 866 feet is requested. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a variance upon making certain findings. 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 a contained site surrounded by an existing parking lot and office development. The reduction in required street frontage is necessary due to the existing rectangular Resolution No. 2007-24 Page 4 of 11 31 B-16 configuration of the lot and the unavailability of adjacent properties to consolidate. This variance will allow the applicant the ability to use the property in a manner that is consistent with similar surrounding office uses. ii. 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 awell-designed office building on the property that will be consistent with the intent of the Arterial Commercial zoning district. iii. 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 properties as the project has been designed to be in character with the surrounding neighborhood. Further, conditions of approval have been incorporated that will minimize impacts to the surrounding single-family neighborhood. iv. 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 has been designed in conformance with City Zoning, Development, and General Plan requirements. F. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review pursuant to Section 15303. This Class 3 exemption allows the construction of new office buildings in urbanized areas that are less than 10,000 square feet in floor area. Categorical Exemption No. 2006-174 will be filed for this project. Section 2. The Planning Commission after conducting the public hearing hereby approves for the property located at 1625 East Eighteenth Street: Resolution No. 2007-24 Page 5 of 11 31 B-17 Conditional Use Permit No. 2007-05, as conditioned in Exhibit "A" attached hereto and incorporated herein, to allow a parking lot on a portion of the site that is R1-B. 2. Variance No. 2007-02, as conditioned in Exhibit "B" attached hereto and incorporated herein, to allow a reduction in the lot size. 3. Variance No. 2007-03, as conditioned in Exhibit "C" attached hereto and incorporated herein, to allow a reduction in street frontage. These decisions are based upon the evidence submitted at the above said hearing, which includes but is not limited to: the Request for Planning Commission Action dated May 14, 2007 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 14th day of May, 2007 by the following vote: AYES: Commissioners: Alderete, Betancourt, De La Torre, Gartner, Leo, Mill, Munoz (7) NOES: Commissioners: None (0) ASSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: None (0) Christopher Leo Chairman APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney Kylee Otto Assistant City Attorney Resolution No. 2007-24 Page 6 of 11 31 B-18 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2007-24 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on May 14, 2007. Date: Planning Commission Secretary City of Santa Ana Resolution No. 2007-24 Page 7 of 11 31 B-19 Conditions for Approval for Conditional Use Permit No. 2007A5 Conditional Use Permit No. 2007-05 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, 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 ri)? •or to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Planning Division 1. All proposed site improvements must conform to the Site Plan Review approval of DP No. 2006-68. 2. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff wil! determine if administrative relief is available or the conditional use permit must be amended. 3. A minimum seven-foot high masonry wall with ivy planted eight feet on- center shall be maintained at the north property line to separate this use from the adjacent residential uses. 4. All site lighting shall be designed and located so as not to impact the residential properties north of the project. 5. Signs shall only be permitted on the south elevation of the building. 6. No structures shall be located within 70 feet of the northern property line. This land shall be maintained as a parking and landscape buffer for the duration of the project. 7. Landscape material shall be upgraded to a minimum of 36-inch box trees and 15-gallon shrubs within the parking lot. After project occupancy, landscaping is to be maintained to include the minimum level of plant materials installed at the time of occupancy. 8. A final landscape plan shall be submitted to the Planning Commission for review and approval prior to issuance of building permits. Resolution No. 2007-24 Page 8 of 11 3~"~0 Conditions for Approval for Variance No. 2007-02 Variance No. 2007-02 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 rigor 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. 06- 68. 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 15-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 avai{able or the variance must be amended. 5. A minimum seven-foot high masonry wall with ivy planted eight feet on- center shall be maintained at the north property line to separate this use from the adjacent residential uses. Resolution No. 2007-24 EXhibit B Page 9 of 11 31 B-21 Conditions for Approval for Variance No. 2007-03 Variance No. 2007-03 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 rio or to exercising the rights conferred by this variance. The applicant must remain in compliance with a{I 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. 06- 68. 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 15-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 minimum seven-foot high masonry wall with ivy planted eight feet on- center shall be maintained at the north property line to separate this use from the adjacent residential uses. Resolution No. 2007-24 Exhibit C Page 10 of 11 31 B-22 PROOF OF SERVICE (C.C.P. SECTION 1013(a), 2015.5) 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. I served the foregoing document described as: Resolution No. 2007-24 (Conditional Use Permit go. 2007-05 and Variance os. an -03 in this action by placing a true copy thereof enclosed in sealed envelopes addressed as follows: Chris Miller PMR Incorporated 2109 South Wright, #F Santa Ana, CA 92705 [ ] 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 [date] at Santa Ana, California. MARTHA RAMIREZ Resolution No. 2007-24 Page 11 of 11 31 B-23 31 B-24