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Home My WebLink About2008-033 - Reduction in the Required Building Setback Along Macarthur BlvdKO~/29/08 RESOLUTION NO. 2008-033 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING VARIANCE N0. 2008-03 AS CONDITIONED TO ALLOW A REDUCTION IN THE REQUIRED BUILDING SETBACK ALONG MACARTHUR BOULEVARD FROM FIFTEEN FEET TO TEN FEET FOR THE PROPERTY LOCATED AT 1501 WEST MACARTHUR BOULEVARD BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The Applicant is requesting adoption and approval of the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2007-73, General Plan Amendment No. 2008-01, Amendment Application No. 2008-02 and Variance No. 2008-03 to reduce the required building setback along MacArthur Boulevard from fifteen (15) feet to ten (10) feet to allow the construction of two new buildings within an existing retail center at 1501 West MacArthur Boulevard. B. On March 24, 2008, the Planning Commission held a duly noticed public hearing and voted by a vote of 4:0 (Betancourt, Gartner and Munoz absent) to recommend that the City Council: 1. Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2007-73. 2. Adopt a resolution approving General Plan Amendment No. 2008- 01. 3. Adopt an ordinance approving Amendment Application No. 2008- 02. 4. Adopt a resolution approving Variance No. 2008-03 as conditioned. C. On May 5, 2008, the City Council of the City of Santa Ana held a duly noticed public hearing and at that time considered all testimony, written and oral. D. Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2007-73, General Plan Amendment No. 2008- 01, and Amendment Application No. 2008-02 came before the City Council on May 5, 2008 for public hearing. This resolution incorporates by reference, as though fully set forth herein, the ordinance and resolution Resolution No. 2008-033 Page 1 of 5 and the Mitigated Negative Declaration and Mitigation Monitoring Program in support of this resolution and the findings made herein. E. Variance No. 2008-03 has been filed with the City of Santa Ana seeking to reduce the required building setback along MacArthur Boulevard from fifteen (15) feet to ten (10) feet. Section 41-369 of the Santa Ana Municipal Code requires a 15-foot landscaped setback. F. Santa Ana Municipal Code Section 41-638 authorizes the City Council 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 front yard setback will allow the applicant the ability to construct a new addition to the Gateway Plaza retail center. Due to the conveyance of land for the widening of MacArthur Boulevard, the placement of the new buildings was constrained. 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 will be consistent with the General Commercial (C-2) zoning district and with a project that is consistent with the goals and policies of the General Plan. A condition of approval has been incorporated that will require additional, enhanced landscaping along MacArthur Boulevard to mitigate the loss of setback area. 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 buildings will be buffered by landscaping and outdoor plaza area and will allow the buildings to be placed at the rear of the site, thereby reducing the impact to the adjacent residential uses. 4. That the granting of a variance will not adversely affect the General Plan of the City. Resolution No. 2008-033 Page 2 of 5 The granting of the variance will not adversely affect the General Plan of the City as retail uses are permitted in the General Commercial (GC) General Plan land use designation. Further, the proposed building is consistent with Goals 1, 2 and 3 of the General Plan Land Use Element, which encourage the City to promote a balance of land uses to address basic community needs, promote uses that enhance the City's economic and fiscal viability and improve the character and integrity of existing neighborhoods. Section 2. The City Council after conducting the public hearing hereby approves Variance No. 2008-03 as conditioned in Exhibit A" attached hereto and incorporated herein to reduce the required building setback along MacArthur Boulevard from fifteen (15) feet to ten (10) feet for the property located at 1501 West MacArthur Boulevard. This decision is based upon the evidence submitted at the above said hearing, which includes but is not limited to: the Request for Council Action dated May 5, 2008 and exhibits attached thereto and the public testimony written and oral, all of which are incorporated herein by this reference. Section 3. This resolution shall not be effective unless and until Ordinance No. NS-2765 becomes effective. If said ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise does not go into effect for any reason, then this resolution shall be null and void and have no further force and effect. ADOPTED this 5~h day of May, 2008. APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Y Kylee .Otto Assistant City Attorney Resolution No. 2008-033 Page 3 of 5 AYES: Councilmembers: AI_varez, Benavides, Bustamante. Martinez. Pulido, Sarmiento. Tinaiero (7) NOES: Councilmembers: None (0) ABSTAIN: Councilmembers: None (0) NOT PRESENT: Councilmembers: None (0) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2008-033 to be the original resolution adopted by the City Council of the City of Santa Ana on Mav 5, 2008. Date: .~ -l Z- D~ '/ '- Patricia E. Healy Clerk of the Council City of Santa Ana Resolution No. 2008-033 Page 4 of 5 Conditions for Approval for Variance No. 2008-03 Variance No. 2008-03 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. In addition, it shall meet the following conditions of approval: The applicant must comply with each and every condition listed below rip or 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. Planning Division 1. All proposed site improvements must conform with the Site Plan Review approval of DP No. 07-19 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 south property line shall be upgraded to 36-inch box trees. 5. Prior to submittal into building plan check, revise the plans to show decorative paving will be installed at all project driveway entries. 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 structures must conform tc the provision of the Building Security Ordinance, including lighting, doors and window locking devices, and addressing. Exhibit A Resolution No. 2008-033 Page 5 of 5