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Home My WebLink About31C - VARIANCE 602 E 4TH STREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 17, 2008 TITLE: VARIANCE NO. 2008-15 TO REDUCE ON- SITE PARKING AND ALLOW A PRIVATE RECREATION FACILITY AT 602 EAST FOURTH STREET - LATINO HEALTH ACCESS, APPLICANT ~~. ~~ ~ ~ ~.. _ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15t Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Receive and file the staff report approving Variance No. 2008-15 as conditioned. PLANNING COMMISSION ACTION On October 13, 2008, the Planning Commission adopted a resolution approving Variance No. 2008-15 as conditioned by a vote of 4:0 (Leo abstained, Gartner and Yrarrazaval absent) to reduce on-site parking and allow a private recreation facility at 602 East Fourth Street in the General Commercial (C2) zoning district. 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. Ja M. Trevino Executive Director Planning & Building Agency LL:rb 11\reports\pc&za\va08-15 Latino Health Access.cc 31C-1 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: OCTOBER 13, 2008 TITLE: PUBLIC HEARING - FILED BY LATINO HEALTH ACCESS FOR VARIANCE NO. 2008-15 TO REDUCE ON-SITE PARKING AND ALLOW A PRIVATE RECREATION FACILITY AT 602 EAST FOURTH STREET Prepared by Lucy Linnaus --= ~- Executive Director RECOMMENDED ACTION PLANNING COMMISSION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For DENIED ^ Applicant's Request ^ Staff Recommendation CONTINUED TO I ~GZt..Q~vl. ~C" Planning Mana r Adopt a resolution approving Variance No. 2008-15 as conditioned. DISCUSSION Request of Applicant James Bostic, on behalf of the Latino Center for Prevention and Action in Health [Latino Health Access, Inc. (LHA)], is requesting approval of a variance from the Santa Ana Municipal Code (SANG) to reduce the required number of on-site parking stalls in order to allow a private recreation facility and a community center at 602 East Fourth Street. Property Description The project site is located within the Lacy neighborhood and is east of Lacy Street. The parcel is a through lot that fronts both Third and Fourth Streets. The subject site is a flat, rectangular shaped, vacant parcel of land composed of four individual parcels totaling 25,000 square feet. The two parcels with street front on Fourth Street have a zoning designation of General Commercial (C2) and a General Plan land use designation of General Commercial (GC), while the parcels with street front on Third Street have a zoning designation of Two-Family Residence (R2) and a General Plan land use designation of Medium Density Residential (MR) . Surrounding land uses include multi-family residential uses to the west, commercial uses to the north, light industrial to the east, and single- family residential to the south (Exhibits 1 and 2). EXHIBIT A 31 C-2 Variance No.2008-15 October 13, 2008 Page 2 Project Description The applicant is proposing to develop a private recreation facility on four contiguous parcels: three owned by the City and the Community Redevelopment Agency (Agency) and one owned by LHA. The recreation facility consists of a 3,186 square foot community center, a parking lot with five parking stalls and gated play area with two separate playgrounds and half basketball court. The community center, located on the parcel owned by LHA, has its primary access off the parking lot and faces Fourth Street. The center has a 1,887 square foot multi-purpose room, a small kitchen and two sets of restrooms; one serving the multipurpose room and another exterior set serving the playground area. The parking area will be accessed from Fourth Street and will be fully landscaped and illuminated to meet the Police Department's safety standards. The play area is fully enclosed with an eight-foot decorative wrought iron fence and fronts Third Street. The play area can be accessed from both Third and Fourth Streets (Exhibit 3 and 4). Latino Health Access plans to offer youth and adult recreational and educational programs focusing on health promotion and disease prevention, personal empowerment, and community commemorative events. The recreational areas will be open to the public seven days a week from 8:00 a.m. to 10:00 p.m. While the community center will have shorter hours of operation, it will be accessible to the general public and residents of Santa Ana no less than 30 hours per week and will offer programs for free, or if a fee is charged, a fee consistent with that charged by the City for comparable programs. LHA anticipates that the regular day to day activities will not exceed 50 participants at any given time. LHA also plans to hold about 12 special events and holiday celebrations throughout the year, which may be attended by up to 150 participants. Architecturally, the community center is in a California Contemporary style. The building emphasizes massing over articulation and is composed of interlocking volumes of different colors and materials. The building will be constructed of split-face concrete masonry unit block and accented by smooth, colored block. The fascia, roof and trellis beams will be metal and painted in hues of red. The entry structure and planter wall that connects the building to the street will be clad with four-inch by four-inch multicolored ceramic the in a festive mosaic application (Exhibits 5 and 6). 31 C-3 Variance No.2008-15 October 13, 2008 Page 3 Analysis of the Issues The Open Space and Recreation Element of the City's General Plan recognizes that "open space land is a limited and valuable resource, one becoming increasingly precious as the City takes on a more urban character." In recognition of limited resources, the general plan encourages the private sector to participate in the provision of open space and recreation opportunities for all Santa Ana residents. Latino Health Access is a non-profit health care provider and facilitator. Its goals include helping to build healthy families and neighborhoods. The City is supportive of LHA's programs and is assisting in the development of this new facility. In March 2007, the City authorized the execution of a contingent ground lease with LHA for a 20-year term with two 10- year extensions to allow them to develop the City and Agency land as a private recreation facility in conjunction with the development of their community center. LHA has also partnered with St Joseph's Health Systems for this venture. St. Joseph's, a long time supporter of healthy communities, is providing the project management and has secured the architectural, landscape and construction management services for the project. LHA is presently in the fund raising phase of the project. LHA's plans for the site include the construction of a new community room and outdoor play area. However, given the constraints of the small site, a parking variance is needed since a minimal number of parking spaces are proposed. The SAMC provides the ability to vary from the strict application of the code when a situation exists 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 the provisions of this chapter" [SANG Section 41-41- 638(2)(1)]. Pursuant to this section, LHA has requested a variance from the City's off-street parking standard as it relates to recreational centers (SANG Section 41-1375). This section requires a minimum of one parking space for each 28 square feet of floor area devoted to activity resulting in a parking requirement of 67 parking spaces for the community center. Latino Health Access could provide 67 parking stalls on the four parcels; however, this would require approximately 20,000 square feet of area, leaving less than 1,000 square feet for the open play area, thus defeating the purpose of the development. The City and LHA have partnered to create a recreational facility intended to function as a small neighborhood park to meet the recreational needs of the immediate surrounding neighbors. The City 31 C-4 Variance No. 2008-15 October 13, 2008 Page 4 uses a radius of quarter of a mile as one of the criteria when establishing the area of influence for a small neighborhood park, as this is the typical distance a pedestrian can comfortably travel in less than 10 minutes. Many small neighborhood parks, such as Chepa's and Saddleback View Parks, do not provide on-site parking as their area of influence is limited. Based on current census data, there are over 5,000 residents within a quarter of a mile from the center. LHA anticipates that most of the participants of the regular, day to day activities to be provided will be neighbors arriving as pedestrians since the focus of the programs is exercise and healthy eating. In order to minimize the potential impacts associated with special events, such as holiday celebrations, where up to 150 participants may be expected, the Planning Division is recommending conditional approval. The conditions are intended to mitigate any problems that may negatively affect the surrounding area and to ensure safety of the pedestrians. LHA has agreed to direct the participants to either walk, or park in City controlled parking lots and structures located less than a 10 minute walk. The proposed recreation facility is located within the boundaries of the Renaissance Specific Plan. The plan is intended to facilitate infill development, encourages transit-oriented development opportunities and walkability of the streets. It is anticipated that all new construction will contribute to fund additional parks to serve the new residents. This may result in an opportunity to expand the proposed recreation facility and eventually could function as a public park with a private community center, in the same model as Delhi Community Center functions. If the Renaissance Specific Plan is approved, the variance becomes null and void as this development will comply with the standards established in the specific plan. LHA presented this plan to the Lacy Neighborhood during its April 24, 2008 regular meeting, where concerns about possible gang activity were raised. The Police Department has reviewed the proposed project and has recommended the installation of an eight-foot fence surrounding the open recreation areas and outdoor illumination that will not spill into the neighboring properties. Based upon the analysis of the project and the project's compatibility with the City's General Plan, staff recommends approval of Variance No. 2008-15 as conditioned. 31 C-5 Variance No. 2008-15 October 13, 2008 Page 5 CEQA Compliance In accordance with the California Environmental Quality Act (Title 14 of the California Code of Regulations, Section 15303), the project is exempt from further review. This Class 3 exemption allows for new construction of buildings not exceeding 10,000 square feet in floor area. Categorical Exemption Environmental Review No. 2007-79 will be filed for this project. r~• .. /~- Lu Linnaus Vincent Fr goso,~AICP Sen or Planner Principal P~ner LL:jm 11\reports\pc&za\va08-15 Latino Health Access.pc 31 C-6 11 R2P R2 P I C~ i C2 I? ooa~~ s~~ OOO SMI ~ I C- M oaa^ C2 C2 V R9 R3 R3 R3 R3 R3 ^M1 R3 R3 1o R3 R3 R3 R3 R3 R3 R3 R3 R3 R3 R3 o R3 R3 R3 M1 00 o R3 R3 R3 R3 R3 R3 R2 R2 R1 R1 R1 R2 Rt R1 R1 R1 R2 Rt R1 ° R1 R1 R1 R1 ~~ Al GENERAL AGRICULTURAL C-SM SOUTH MAIN STREET COMMERCIAL DISTRICT PD 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 HEAWINDUSTRIAL R3 MULTIPLE-FAMILY RESIDENCE C3 CENTRAL BUSINESS MO MILITARY OPERATIONS R4 SUBURBAN APARTMENT C3-A CENTRAL BUSINESS-ARTISTS' VILLAGE O OPEN SPACE RE RESIDENTIAL ESTATE C4 PLANNED SHOPPING CENTER -OZ OVERLAY ZONE SD SPECIFIC DEVELOPMENT C5 ARTERIAL COMMERCIAL P PROFESSIONAL SP SPECIFIC PLAN CR COMMERCIAL RESIDENTIAL PCD PLANNED COMMUNITY DEVELOPMENT VA 08-15 ~ LATINO HEALTH ACCESS COMMUNITY CENTER ~ 602 EAST FOURTH STREET - - =5DDFEET 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 3 I'~'~' J ~ F- M FR ¢ U 2 W ¢ w CI Y N U ~ ~ OW ED PA KING LOT N MFR p PRO ERTY SFR ~ ~ U N W ~ ~ a ti ~ U U ~- ~ ~ U ¢ ~ W F Z Z? p Z W Z? 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ALL P~ANTIN6 AREAS. 06.18.2008 o TREE 6UARO5 TO BE IN5TALLED LNy AL L TREES PLANTED w THiN LAYe: AREA. 0' 5 1fY 2fY 30' ~.~ ~ f "'t' $~JuF }~ 10 ii 11 i 12 13 1 15 i O ~ - - 1 XD W ~ O i:_. o ® ~,„w~,..~ ,,..,,e ® ~,.,rr.w,.~~,,~ ® ~,.,nno,~,~b ,.~ ®~ ~,.=nn M~E« o ~.:,a,~R~_e,~~ ®o ., A p Fa a..,~,as,w.R.,.x.~..,,.~ ® ~.,~,,,.n..~~ ~r,~ ' ST. JOSEPH HEALTH SYSTEM LATINO HEALTH ACCESS COMMUNITY CENTER FIRST FLOOR PLAN A3.1 TAN[ING SEPM METPL ROOFlNG PNNTEC METK FASaA S~JRS~p COUIXiµLVEa NPDJACENT '~'{ ' PREa iER P fi' - PLUMINUM STOREFROM Pr AacEl _ - VAN DOW SYSTEM, PLANT ' ':~ ~ _` ~ ~ ~ ~ ~~ ui~Ne I ,?y, - slcNACE I ~~ ~ ~` ~_fyMl ~~ ~ Ewa~e I I r ~ ~ ~TEpoa ueHr PanaE. I II I II I II e~wcN PaEaswN CMO II C0La3. WPRMGMY I r{ I II I II BUILgNG BASE, COLOR SPICE ~ _ . 1 me xa =o W w - ST. JOSEPH HEALTH SYSTEM LATINO HEALTH ACCESS COMMUNITY CENTER "' EXTERIOR ELEVATIONS A6.02 ~ 1; ~l. 5. <T, 1 \~y 3 ~' ~~ d `1_1` ~- `SEN. E~.ER~. PA~E~ ~t. c-. ~~~ .. (~ TRASH ENCLOSURE-NORTH ELEVATION ST. JOSEPH HEALTH SYSTEM LATINO HEALTH ACCESS COMMUNITY CENTER EXTERIOR ELEVATIONS A6.03 bk/10-9-08 RESOLUTION NO. 2008-24 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2008-15 AS CONDITIONED TO ALLOW A REDUCTION IN THE ON-SITE PARKING STANDARDS FOR A PRIVATELY OWNED RECREATION FACILITY AT 502 EAST FOURTH 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. 2008-15 to allow a reduction of the on-site parking standards for a privately owned, open to the public, recreation facility and community center at 602 East Fourth Street. B. Variance No. 2008-15 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on October 13, 2008. C. Variance No. 2008-15 has been filed with the City of Santa Ana seeking to reduce the required on-site parking to 5 parking stalls. D. Santa Ana Municipal Code Section 41-1375 requires a minimum of 67 on-site parking stalls for a community center of 3,186 square feet. E. 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, 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. Special circumstances apply to the subject site that necessitates a parking variance for the project. The project site is surrounded by fully developed parcels, limiting the developer's ability to expand the project site size which is Resolution No. 2008-24 Page 1 of 5 31C-13 25,000 square feet. Should a parking lot be developed to accommodate the required 67 parking stalls in strict application of the code, the community open play area would be reduced to less than 1,000 square feet, defeating the purpose of the City and Agency ground lease to provide an open play area for the community. 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 to reduce the required on-site parking is necessary for the preservation and enjoyment of the applicant's right to develop the site to its highest and best use. The primary purpose of the recreation facility and its best use, as established by the City and the Agency ground lease is to promote health and disease prevention by providing open play area and a community center for the enjoyment of the neighbors. If parking is provided on site, the open play area cannot be developed, thus depriving the applicant from its ability to develop the site to its best 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 a variance to reduce the required on-site parking will not be detrimental to the public welfare or injurious to the surrounding properties as conditioned. Ample public parking is provided within one-quarter of a mile from the site. Furthermore, the applicant will be providing crossing guards to assist with safety when 150 or more participants are expected at any event. Therefore, the implementation of the proposed project will not adversely impact the parking conditions of the surrounding properties. 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. Instead, it will further the Objective 1.2 of the Open Space, Parks and Recreation Element by encouraging private development of publicly accessible open space. F. In accordance with the California Environmental Quality Act, the proposed project is Categorically Exempt per Section 15303 of the State CEQA Resolution No. 2008-24 Page 2 of 5 31 C-14 Guidelines. This Class 3 exemption allows for the construction of new structures not to exceed 10,000 square feet. As a result, no further environmental review is needed. Environmental Review No. 2007-79 will be filed for this project Section 2. The Planning Commission after conducting the public hearing hereby approves Variance No. 2008-15, as conditioned in Exhibit "A" attached hereto and incorporated herein, to allow a reduction in the required on-site parking to 5 stalls. 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 October 13, 2008 and exhibits attached thereto and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 13th day of October, 2008 by the following vote: AYES: Commissioners: Alderete, Betancourt, De La Torre, Mill (4) NOES: Commissioners: None(0) ABSENT: Commissioners: Gartner, Yrarrazaval (2) ABSTENTIONS: Commissioners: Leo (1) Eric Alderete Vice Chairman APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Benjamin Kaufman Chief Assistant City Attorney Resolution No. 2008-24 Page 3 of 5 31C-15 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2008-24 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on October 13, 2008. Date: Planning Commission Secretary City of Santa Ana Resolution No. 2008-24 Page 4 of 5 31C-16 Conditions for Aaaroval for Variance No. 2008-15 Variance No. 2008-15 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 California Building Standards Code, and all other applicable regulations. The applicant must comply in full with each and every condition listed below rior 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. All proposed site improvements must conform to the Site Plan Review approval of DP No. 2007-37. 2. Any amendment to this variance must be submitted to the Planning Division and Police Department for review. At that time, staff will determine if administrative relief is available or the variance must be amended. 3. The variance shall become null and void when the Renaissance Specific Plan is approved, if the four contiguous parcels are designated as Open Space. 4. Latino Health Access shall provide written notification to the Police Community Service Specialist seven days prior to any special event where 75 or more participants are expected. 5. If deemed necessary by the Police Community Service Specialist, crossing guards to assist people crossing Fourth Street and/or security guards will be provided when 75 or more participants are expected for a special event. 6. The eight-foot fence and outdoor illumination will remain in place and in good repair until such time that the City determines its use is not necessary for safety. Exhibit A Resolution No. 2008-24 Page 5 of 5 31C-17 7. The number of Latino Health Access employees parking on site shall be limited to two. 8. Latino Health Access shall direct the participants to their events to either walk, or park in the City parking structure at Fifth and French Streets. Exhibit A Resolution No. 2008-24 Page 6 of 5 31C-18 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 Second Floor, Santa Ana, California 92701. I served the foregoing document described as: Resolution No. 2008-24 (Variance No. 2008-15) m this action by placing a true copy thereof enclosed in sealed envelopes addressed as follows: Jim Bostic St. Joseph Health System 1 Centerpointe Drive, Suite 200 La Palma, CA 90623 Ana Carricchi Latino Health Access 1701 North Main Street, Suite 200 Santa Ana, CA 92706 [ ] 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 31C-19 31C-20