HomeMy WebLinkAbout31B - 1309 WEST SECOND ST
CITY COUNCIL MEETING DATE:
REQUEST FOR
COUNCIL ACTION
CLERK OF COUNCIL USE ONLY:
APRIL 7, 2008
TITLE:
APPROVED
o As Recommended
o As Amended
o Ordinance on 1 SI Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
VARIANCE NO. 2008-01 TO ALLOW A
REDUCTION IN SETBACKS FOR A NEW FAMILY
LIFE CENTER AT 1309 WEST SECOND STREET
- JOHNSON 7)L ~ CHURCH. APPLICANT
a ~a
CITY MANAGER
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Receive and file the staff report approving Variance No. 2008-01 as
conditioned.
PLANNING COMMISSION ACTION
On February 25, 2008, the Planning Commission adopted a resolution
approving Variance No. 2008-01 as conditioned by a vote of 6: 0 (De La
Torre absent) to allow a reduction in the side yard setback for a new
10,700 square foot family life center in the Community Commercial (C1)
zoning district at 1309 West Second Street (Exhibit A). The Planning
Commission added a condition that requires their review and approval of a
final landscaping plan for the project.
FISCAL IMPACT
There is no fiscal impact associated with this action.
~evino
Executive Director
Planning & Building Agency
VF:rb
vf/reports/VAOB-Ol Johnson Chapel AME,cc
31 B-1
REQUEST FOR
Planning Commission Action
PLANNING COMMISSION MEETING DATE:
FEBRUARY 25, 2008
TITLE:
PUBLIC HEARING - FILED BY JOHNSON CHAPEL
AME CHURCH FOR VARIANCE NO. 2008-01 TO
ALLOW A REDUCTION IN SETBACKS FOR A NEW
FAMILY LIFE CENTER AT 1309 WEST SECOND
STREET
PLANNING COMMISSION SECRETARY
APPROVED
o As Recommended
o As Amended
o Set Public Hearing For
DENIED
o Applicant's Request
o Staff Recommendation
CONTINUED TO
Prepared by Vince Fregoso
~~
Executive Director
~~
Planni Manager
RECOMMENDED ACTION
Adopt a resolution approving Variance No. 2008-01 as conditioned.
DISCUSSION
Request of Applicant
Mr. Ken Agharokh, on behalf of the Johnson Chapel AME Church, 1S
requesting approval of a variance from the required side yard setback
standard in order to allow a 10,700 square foot family life center to be
constructed at 1309 West Second Street.
Property Description
The subject site is an 11,100 square foot, vacant parcel of land that is
located on the northwest corner of Second and Bristol Streets. The site
was formerly occupied by approximately 6,500 square feet of building
area that was used by the church for classroom and meeting purposes. In
order to implement the Bristol Street Widening Project, the City
purchased the lot fronting Bristol Street from the church and demolished
the structure.
The project site is zoned Community Commercial (C-1) and has a General
Plan land use designation of General Commercial (GC). Surrounding land
uses include retail and residential to the north, retail and the main
church campus to the south, retail and vacant land to the east and
residential to the west (Exhibits 1 and 2) .
EXHIBIT A
31 B-2
Variance No. 2008-01
February 25, 2008
Page 2
Project Description
The Johnson Chapel AME Church is proposing to construct a new fellowship
hall to replace the structure demolished for the Bristol Street Widening
proj ect . As was the previous building, the new building will also be
two stories in height and will include approximately 10,700 square feet
of floor area. The first floor will include classrooms, offices and a
kitchen, with the second floor containing office space and a multi-
purpose room (Exhibits 3 and 4) .
The new building will be a manufactured modular structure that will
incorporate architectural elements to match the design of the Johnson
AME Chapel church building to the south. Elements such as stucco,
identical roofing material and similar paint colors will be used to
integrate the new and existing buildings (Exhibit 5).
Analysis of the Issues
The applicant is requesting approval of a variance to reduce the
required building setback along the west property from 20 feet to five
feet. Section 41-369 of the Santa Ana Municipal Code requires a 20-foot
landscaped setback if a building exceeds 15 feet in height if adjacent
to a residential use. However, due to the lot size reduction caused by
the Bristol Street widening, the applicant has been unable to comply
with the setback standard.
In 2006, the City purchased the parcel at the northwest corner of
Bristol and Second Streets that contained the fellowship hall for the
Johnson Chapel AME Church. After allocating approximately 7,000 square
feet of the parcel for the Bristol Street widening, the City sold the
remainder parcel and an additional City owned parcel (west of the
fellowship hall) back to the church to rebuild the hall. As a result,
the placement of the building has been impacted by two street
improvement projects: The Bristol Street widening and the installation
of a new cul-de-sac on Second Street. The widening of Bristol Street to
its ultimate right-of-way has resulted in the need to place the building
to the west and adjacent to the existing single-family residential use.
Further, the conversion of Second Street from a through street to a cul-
de-sac street has also affected the placement of the building. These
street improvement projects have caused the building to be placed five
feet from the adjacent residential use.
31 B-3
variance No. 2008-01
February 25, 2008
Page 3
The Johnson Chapel AME Church's Family Life Center will contribute to the
long-term benefit of the neighborhood. The development of this site will
allow the church to replace a building that was demolished as a result
of a street improvement project with a building that is consistent with
the goals and policies of the General Plan. Conditions of approval have
been developed to mitigate potential impacts of the proposed proj ect.
Further, the site will be upgraded to meet or exceed landscaping
development standards. Additionally, the project, as conditioned, will
not create adverse impacts or be detrimental to the site or
neighborhood. Finally, the church and related activities on the site
are consistent with other church uses, the Community Commercial zoning
district and the General Plan. 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 Variance No. 2008-01 as conditioned.
CEQA Compliance
In accordance with the California Environmental Quality Act, the
recommended action is exempt from further review pursuant to Section
15332. This Class 32 exemption allows infill development that is
consistent with the general plan, on a lot less than five acres in size
and is adequately served by all required utilities and public services.
Categorical Exemption No. 2007-90 will be filed for this project.
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KO-3/6/08
RESOLUTION NO. 2008-09
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING VARIANCE NO.
2008-01 AS CONDITIONED TO ALLOW A REDUCTION IN
SETBACKS FOR THE PROPERTY LOCATED AT 1309
WEST SECOND 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. 2008-01 Variance No.
2008-01 to allow a reduction in setbacks for a new family life center at
1309 West Second Street.
B. Variance No. 2008-01 came before the Planning Commission of the City
of Santa Ana for a duly noticed public hearing on February 25, 2008.
C. Variance No. 2008-01 has been filed with the City of Santa Ana seeking to
reduce the required building setback along the west property from twenty
(20) feet to five (5) feet. Section 41-369 of the Santa Ana Municipal Code
requires a twenty (20) foot landscaped setback if a building exceeds
fifteen (15) feet in height if adjacent to a residential use.
D. Santa Ana Municipal Code Section 41-638 authorizes the Planning
Commission to grant a variance upon making certain findings.
1. 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 provisions of this Chapter.
The proposed reduction in the side yard setback will allow
the applicant the ability to construct a new family life center
to replace the one demolished for the Bristol Street Widening
Project. Due to the conveyance of land for the widening and
for the Second Street cul-de-sac, the location of the new
Resolution No, 2008-
Page 1 of 5
318-11
building was constrained due to the irregular shape of the
lot.
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 setback variance will preserve the
property owner's ability to develop the property with a project
that is consistent with the Community Commercial (C-1)
zoning district and with a project that is consistent with the
goals and policies of the General Plan. A condition of
approval is incorporated that will require additional,
enhanced landscaping along the west property line to
mitigate impacts to the adjacent residential use.
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 setback variance will not be detrimental
to the public welfare or injurious to surrounding property.
The proposed building will be buffered by landscaping to
reduce the impact to the adjacent residential use.
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 as churches and ancillary buildings
are permitted in the General Commercial (GC) General Plan
land use designation. Further, the proposed building is
consistent with Goals 1 and 4 of the General Plan Land Use
Element, which encourage the City to promote a balance of
land uses to address basic community needs and promote
the protection and enhancement of sites that are unique
community assets.
E. In accordance with the California Environmental Quality Act, the
recommended action is exempt from further review pursuant to Section
15332. This Class 32 exemption allows infill development that is consistent
with the general plan, on a lot less than five acres in size and is adequately
served by all required utilities and public services. Categorical Exemption
No. 2007-90 will be filed for this project.
Section 2. The Planning Commission after conducting the public hearing hereby
approves Variance No. 2008-01, as conditioned in Exhibit "A" attached hereto and
incorporated herein, to allow a reduction in the required building setback along the west
Resolution No. 2008-
Page 2 of 5
318-12
property to five (5) feet for the property located at 1309 West Second Street. This
decision is based upon the evidence submitted at the above said hearing, which
includes but is not limited to: the Request for Planning Commission Action dated
February 25, 2008 and exhibits attached thereto and the public testimony, all of which
are incorporated herein by this reference.
ADOPTED this 25th day of February, 2008 by the following vote:
AYES: Commissioners: Alderete, Betancourt, Gartner, Leo, Mill, Munoz(6)
NOES: Commissioners: None (0)
ABSENT: Commissioners: De La Torre (1)
ABSTENTIONS: Commissioners: None (0)
Christopher Leo
Chairman
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Kylee Otto
Assistant City Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the
attached Resolution No. 2008-09 to be the original resolution adopted by the Planning
Commission of the City of Santa Ana on February 25, 2008.
Date:
Planning Commission Secretary
City of Santa Ana
Resolution No. 2008-
Page 3 of 5
318-13
Conditions for Approval for Variance No. 2008-01
Variance No. 2008-01 is approved subject to compliance, to the reasonable satisfaction of
the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the
California Administrative Code, the California Standards Building Code, and all other
applicable regulations.
The applicant must comply 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 development project. Failure to comply with each and every condition may result in
the revocation of the variance.
A. Plannina Division
1. All proposed site improvements must conform with the Site Plan Review
approval of DP No. 07-33 and the staff report exhibits.
2, Any amendment to this variance must be submitted to the Planning
Division for review. At that time, staff will determine if administrative relief
is available or the variance must be amended.
3. Prior to issuance of any building permit, a voluntary lot merger to combine
the lots into one parcel shall be recorded.
4. Landscaping along the west property line shall be upgraded to 36-inch box
trees.
5. The use at this location is limited to a church and related activities. No thrift
shop, full-time school or rehabilitation programming may occur on the
premises.
6. There shall be no more than 171 seats or occupancy of the church at any
time.
7. The use of the Family Life Center is limited to when church services are
not occurring.
8. Prior to issuance of a certificate of occupancy, replace all dead and
missing landscaping per the Landscape Development Associate.
9. Prior to issuance of a certificate of occupancy, the parking lot needs to be
repaired and repaved.
Exhibit A
Resolution No, 2008-
Page 4 of 5
31 8-14
10. Prior to issuance of building permits, a final landscape plan shall be
submitted to the Planning Commission for review and approval
B. Police Department
1. Prior to issuance of any building permit, submit a conceptual lighting plan
for the parking lot. Light standards cannot be located in landscaped areas
to avoid conflict with the canopy growth of trees.
2. The existing parking lot and building must conform to the provision of the
Building Security Ordinance, including lighting, doors and window locking
devices, and addressing.
Resolution No, 2008-
Page 5 of 5
318-15
PROOF OF SERVICE
(C.C.P. SECTION 1 013(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
Second Floor, Santa Ana, California 92702.
Ken Agharokh, AlA
25471 Wagon Wheel Circle
Laguna Hills, CA 92653
Johnson Chapel AME Church
1306 West Second Street
Santa Ana, CA 92703
[ ] 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
318-16