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HomeMy WebLinkAbout2008-29TJ-10/07/08 • RESOLUTION NO. 2008-29 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2008-18 AS CONDITIONED TO ALLOW A REDUCTION IN THE REQUIRED LANDSCAPE SETBACKS AND VARIANCE NO. 2008-19 AS CONDITIONED TO ALLOW A BUILDING THAT EXCEEDS THE HEIGHT STANDARDS 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. 2008-18 to allow a reduction in the required landscaped setbacks and Variance No. 2008-19 to allow a building that exceeds the height standards for the construction of a new 2,350 square foot service station at the property located at 3414 South • Main Street. B. Variance No. 2008-18 and Variance No. 2008-19 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on October 13, 2008. C. Variance No. 2008-18 has been filed with the City of Santa Ana seeking to reduce the required landscaping setback as required by Section 41-372 of the Santa Ana Municipal Code. Per Section 41-372, a landscaped area not less than fifteen (15) feet wide shall be maintained along any property line to the extent it abuts a street, except at approved driveways. The applicant is proposing to reduce the landscaping setback from the required fifteen (15) feet to ten (10) feet. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a variance upon making certain findings. i. 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. • Resolution No. 2008-29 Page 1 of 9 Special circumstances applicable to the subject • property necessitate a landscaping variance for the project. The subject site is aself-contained site surrounded by residential uses to the north and west and public streets to the south and east. Further, a recent street widening project resulted in the acquisition of nine feet of frontage along Main Street. Due to these special circumstances, the landscaped setback variance is necessary to allow the applicant the ability to use the property that is consistent with similar surrounding uses. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of the landscaping variance is necessary to preserve the property owner's ability to develop the property with awell-designed service station 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 for a reduction in landscaping 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, the reduced setback will be mitigated through the addition of larger landscaping materials along Main Street and Macarthur Boulevard that exceed City standards. 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 City's General Plan since the proposed service station has been designed in conformance with City Zoning, Development, and General Plan requirements. • Resolution No. 2008-29 Page 2 of 9 D. Variance No. 2008-19 has been filed with the City of Santa Ana seeking to • allow the new structure to exceed the 15-foot height limit along the north and west property lines where the building is adjacent to residential used property. Per Section 41-370 of the Santa Ana Municipal Code, no part of a building above the first fifteen (15) feet in height may be located within twenty (20) feet of the vertical plane of a rear lot line if the lot is contiguous to residentially zoned or used property on the rear. The applicant's proposal includes a new retail building that will be 19 feet, six inches in height, and adjacent to an apartment complex to the north and west. 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. There are special circumstances applicable to the subject property. The site was reduced in size due to a recent street widening project along Main Street. • Due to this acquisition, and the need to comply with on-site circulation standards, the placement of the building has been limited to the north portion of the lot adjacent to the carports of the surrounding residential uses. As a result, the height variance is necessary to allow the applicant the ability to use the property in a manner consistent with similar surrounding uses. 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 is necessary to preserve the property owner's ability to develop the property with awell-designed service station 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. • Resolution No. 2008-29 Page 3 of 9 The granting of the variance will not be materially • detrimental to the public welfare or injurious to surrounding properties as the building will only exceed the height standard by four feet, six inches. Further, the building will be adjacent to carports and will not visually or aesthetically impact the nearby apartment complex. 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 City's General Plan since the proposed service station has been designed in conformance with City Zoning, Development, and General Plan requirements. E. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review per Section 15302 and 15330. The Class 2 exemption allows the reconstruction of existing facilities that are the same purpose as the previous structures, while the Class 30 exemption allows actions to eliminate hazardous substances from the site. Categorical Exemption Environmental Review No. 2007-206 will • be filed for this project. Section 2. The Planning Commission after conducting the public hearing hereby approves for the property located at 3414 South Main Street: 1. Variance No. 2008-18, as conditioned in Exhibit "A" attached hereto and incorporated herein, to allow a reduction in the landscaped setbacks. 2. Variance No. 2008-19, as conditioned in Exhibit "B" attached hereto and incorporated herein, to allow a building that exceeds the height standards. 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 October 13, 2008 and exhibits attached thereto, which are incorporated herein by this reference. • Resolution No. 2008-29 Page 4 of 9 • ADOPTED this 13th day of October, 2008 by the following vote: AYES: Commissioners: Alderete, Betancourt, De La Torre, Leo, Mill (5) NOES: Commissioners: None (0) ABSENT: Commissioners: Gartner, Yrarrazaval (2) ABSTENTIONS: Commissioners: None (0) ,v~ ~r~J Christop r Leo Chairma APPROVED AS TO FORM: Joseph/ W. Fletcher, City Attorney / 1 ~ ~-~' B ~` ~ ,~ . L~~r~~' i. _ Te a L. Judd U Deputy City Attorney • Resolution No. 2008-29 Page 5 of 9 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2008-29 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on October 13, 2008. Date: /~5 =~ ~ ~j Planning Commission Secretary City of Santa Ana • Resolution No. 2008-29 Page 6 of 9 Conditions for Approval for Variance No. 2008-18 Variance No. 2008-18 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 Building Standards 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 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. 07-77. 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. The landscape plan shall incorporate additional landscaping at the north and west sides of the building as approved by the City's Landscape Associate. Staff, the applicant, and the property owner for the adjacent apartment complex shall meet to attempt to find a landscape solution for screening the north and west sides of the new building. Modified by Planning Commission on October 13, 2008. 5. A minimum six-foot high masonry wall shall be maintained at the north and west property lines to separate this use from the adjacent residential uses. 6. Wall signage shall be limited to one sign on the south building elevation and one sign on the east building elevation. Such signage cannot face the adjacent residential uses. 7. No secondary signs advertising the sale or availability of products shall be permitted on the building or light poles. 8. The electrical and mechanical equipment located on the exterior of the west side of the building shall be enclosed within the footprint of the building. 9. Any amendment to this variance must be submitted to the Planning Division for review, at which time staff will determine if administrative relief is available or if the variance must be amended. • Exhibit A Resolution No. 2008-29 Page 7 of 9 Conditions for Approval for Variance No. 2008-19 • Variance No. 2008-19 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 minor exception. 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. 07-77. 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. The landscape plan shall incorporate additional landscaping at the north and west sides of the building as approved by the City's Landscape Associate. Staff, the applicant, and the property owner for the adjacent apartment complex shall meet to attempt to find a landscape solution for screening the north and west sides of the new building. Modified by Planning Commission on October 13, 2008. 5. A minimum six-foot high masonry wall shall be maintained at the north and west property lines to separate this use from the adjacent residential uses. 6. Wall signage shall be limited to one sign on the south building elevation and one sign on the east building elevation. Such signage cannot face the adjacent residential uses. 7. No secondary signs advertising the sale or availability of products shall be permitted on the building or light poles. 8. The electrical and mechanical equipment located on the exterior of the west side of the building shall be enclosed within the footprint of the building. 9. Any amendment to this variance must be submitted to the Planning Division for review, at which time staff will determine if administrative relief is available or if the variance must be amended. • Resolution No. 2008-29 Page 8 of 9 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. 2008-29 (Variance Nos. 2008-18 and 2008-19) in this action by p acing a true copy t ereof enclose in sealed envelopes addressed as follows: Erika Skeie Patrick Foley The Fiedler Group BP West Coast Products, LLC 2322 West Third Street 4 Centerpointe Drive Los Angeles, CA 90057-1517 La Palma, CA 90623 [ ] 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 November 25, 2008 at Santa Ana, California. T MARTHA RAMIREZ Resolution No. 2008-29 Page 9 of 9