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Home My WebLink About2008-24• RESOLUTION NO. 2008-24 bk/10-9-08 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-&38 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 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 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 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Ben' Kauf an Ch' f sistant City Attorney Leo (~~ Resolution No. 2008-24 Page 3 of 5 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: ~~~~. ~~:f G Plahning Commission Secr ary City of Santa Ana • Resolution No. 2008-24 Page 4 of 5 • • Conditions for Approval 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 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. 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 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 PROOF OF SERVICE (C.C.P. SECTION 1013(a), 2015.5) STATE OF CALIFORNIA, COUNTY OF ORANGE 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) in 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 November 25, 2008 at Santa Ana, California. -- _ ~ , 'fsGvG-C MAR HA RAMIRE •