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HomeMy WebLinkAbout2008-35• RESOLUTION NO. 2008-35 ROH- 12/8/08 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2008-20 AS CONDITIONED TO REDUCE THE REQUIRED PARKING FOR THE PROPERTY LOCATED AT 3960 SOUTH MAIN STREET, UNIT C 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. 2008-20 to reduce the required parking standards for a sandwich shop at 3960 South Main Street, Unit C. B. Variance No. 2008-20 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on December 8, 2008. • C. 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 site is a small infill retail center within a built out area of the City. The site is surrounded by residential uses on two sides and streets on the other two. Due to its location, the applicant is unable to acquire additional land to meet the parking code. 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 occupy a unit on a retail center that has remained vacant since its construction. This variance Resolution No. 2008-35 Page 1 of 5 would allow a modest growth to the delicatessen, while • allowing for a broader product selection at the convenience store. This in turn, would provide additional services to the community. 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. Based on the parking study prepared for the project, the 26 parking stalls available in the site will provide sufficient parking for all the uses in the center and therefore not impact the surrounding properties. The Planning Commission previously approved Minor Exception No. 2006-06 to allow a 16 percent reduction (five spaces) in required parking to allow the establishment of Javatinis Coffee Lounge in Unit A, but this Variance is separate and apart from that Minor Exception. 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 Goal 5 of the Land use element to ensure that the impacts of development are mitigated. When fully occupied, this development will have a net community benefit, by providing needed services to the surrounding community, while providing sufficient parking to meet its customer's needs. D. In accordance with the California Environmental Quality Act (Title 14 of the California Code of Regulations, Section 15305), the project is exempt from further review. This Class 5 exemption allows minor alterations in land use that do not result in any changes in the land use or density. Categorical Exemption Environmental Review No. 2008-124 will be filed for this project. Section 2. The Planning Commission after conducting the public hearing hereby approves Variance No. 2008-20 as conditioned in Exhibit "A" attached hereto and incorporated herein, to reduce the required parking standards for a sandwich shop at 3960 South Main Street, Unit C. 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 • December 8, 2008, and exhibits attached thereto; and, the public testimony, all of which are incorporated herein by this reference. Resolution No. 2008-35 Page 2 of 5 • • • ADOPTED this 8th day of December, 2008 by the following vote: AYES: Commissioners: Alderete, Betancourt, Gartner, Yrarrazaval (4) NOES: Commissioners: None (0) ABSENT Commissioners: Leo, Mil' "" ABSTENTIONS: Commissioners: None (0 APPROVED AS TO FORM: Joseph,~V. Fletcher, City Attorney A 1 ~J j , '.i By. ~~ Ryan' ~ . o e Deput City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2008-35 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on December 8, 2008. Da Plan ing Commis ' Se ary City of Santa Ana Resolution No. 2008-35 Page 3 of 5 Conditions for Approval for Variance No. 2008-20 • Variance No. 2008-20 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 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 variance. Failure to comply with each and every condition may result in the revocation of the variance. A. Planning Division All proposed site improvements must conform to the Site Plan Review approval of DP No. 2008-43. 2. The maximum parking reduction permitted by this variance is 16 percent, which is equivalent to five parking stalls. 3. There shall be no more than 15 seats within the premises at any time. • • Resolution No. 2008-35 Page 4 of 5 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, Santa Ana, California 92701. I served the fore oing document described as: Resolution No. 2008-35 (Variance No. 2008-20~ in this action by placing a true copy t ereo enc ose in sealed envelopes addressed as follows: Shounia Family Trust 44 Fern Pine Irvine, CA 92618 [ ] 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. declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on January 13, 2009 at Santa Ana, California. MA HA RAMI • Resolution No. 2008-35 Page 5 of 5