Loading...
HomeMy WebLinkAbout2007-24r 1 KO- 5/9/07 RESOLUTION NO. 2007-24 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2007-05 AS CONDITIONED TO ALLOW A PARKING LOT; AND VARIANCE NO. 2007-02 AS CONDITIONED TO ALLOW A REDUCTION IN LOT SIZE AND VARIANCE NO. 2007-03 AS CONDITIONED TO ALLOW A REDUCTION IN STREET FRONTAGE FOR THE PROPERTY LOCATED AT 1625 EAST EIGHTEENTH 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 Conditional Use Permit No. 2007-05 to allow a parking lot on a portion of the site that is R1-B, Variance No. 2007- 02 to allow a reduction in the lot size and Variance No. 2007-03 to allow a reduction in street frontage for the property located at 1625 East Eighteenth Street. B. Conditional Use Permit No. 2007-05, Variance No. 2007-02 and Variance No. 2007-03 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on May 14, 2007. C. Conditional Use Permit No. 2007-05 has been filed with the City of Santa Ana seeking to allow a parking lot within the R1-B zone. 1. Pursuant to Santa Ana Municipal Code Section 41-611 properties with the B-suffix zoning designation may park motor vehicles in connection with any commercial use with a conditional use permit. 2. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a conditional use permit upon making certain findings. i. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? Resolution No. 2007-24 Page 1 of 11 The parking lot will be constructed in conjunction with a new office and will contribute to the general well being of the neighborhood by providing a permanent buffer zone between the commercial and residential uses. Conditions have been placed on the parking area that will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. ii. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? The proposed parking area, in conjunction with the construction of an office building, will provide a necessary service to the office tenants. The conditions of approval will require the office building to maintain a safe parking environment that will mitigate any potential unforeseen impact that could otherwise affect the health, safety, or general welfare of persons residing or working in the vicinity. iii. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The site as developed is suitable for the proposed use. The parking provides a required and necessary service to the office tenants and customers. The building will generate employment for the community thereby enhancing the profitability of the business, which will contribute to the economic stability of surrounding properties in the area. iv. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? With an approved conditional use permit to allow parking in conjunction with an office building and variances for lot size and street frontage, the proposed use will be in compliance with the applicable sections of Chapter 41 of the Santa Ana Municipal Code. Resolution No. 2007-24 Page 2 of 11 v. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed office building is located in two general plan designations; General Commercial (GC) and Low Density Residential (LR). The proposed use as designed will not adversely affect the General Plan as office uses are permitted within the General Commercial (GC) land use General Plan designation, while parking in conjunction with a retail establishment is permitted in the Low Density Residential designation. In addition, the project meets the goals and policies established in the Urban Design Element of the General Plans, as the project will be developed with high quality design, materials, finishes. D. Variance No. 2007-02 has been filed with the City of Santa Ana seeking to reduce the lot size from the minimum lot size of 15,000 as required by Section 41-427 of the Santa Ana Municipal Code. The property located at 1625 East Eighteenth Street is currently 14,134 square feet, so a variance of 866 feet is requested. 1. 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, that 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 subject site is a contained site surrounded by an existing parking lot and office development. The lot size reduction is necessary due to the existing configuration and the unavailability of adjacent properties. This variance will allow the applicant the ability to use the property in a manner that is consistent with similar surrounding office uses. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. Resolution No. 2007-24 Page 3 of 11 The granting of the variance will preserve the property owner's ability to develop the property with awell- designed office building 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 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, conditions of approval have been incorporated that will minimize impacts to the surrounding single-family neighborhood. 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 General Plan of the City since the proposed office building has been designed in conformance with City Zoning, Development, and General Plan requirements. E. Variance No. 2007-03 has been filed with the City of Santa Ana seeking to allow a reduction in street frontage from 120 feet as required by Section 41-427 to 85 feet. The property located at 1625 East Eighteenth Street is currently 14,134 square feet, so a variance of 866 feet is requested. 1. 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, that 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 subject site is a contained site surrounded by an existing parking lot and office development. The reduction in required street frontage is necessary due to the existing rectangular Resolution No. 2007-24 Page 4 of 11 1 configuration of the lot and the unavailability of adjacent properties to consolidate. This variance will allow the applicant the ability to use the property in a manner that is consistent with similar surrounding office uses. ii. 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 will preserve the property owner's ability to develop awell-designed office building on the property that will be 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. E: The granting of the variance will not be materially detrimental to the public welfare or injurious to surrounding properties as the project has been designed to be in character with the surrounding neighborhood. Further, conditions of approval have been incorporated that will minimize impacts to the surrounding single-family neighborhood. 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 General Plan of the City since the proposed office building has been designed in conformance with City Zoning, Development, and General Plan requirements. F. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review pursuant to Section 15303. This Class 3 exemption allows the construction of new office buildings in urbanized areas that are less than 10,000 square feet in floor area. Categorical Exemption No. 2006-174 will be filed for this project. Section 2. The Planning Commission after conducting the public hearing hereby approves for the property located at 1625 East Eighteenth Street: Resolution No. 2007-24 Page 5 of 11 1. Conditional Use Permit No. 2007-05, as conditioned in Exhibit "A" attached hereto and incorporated herein, to allow a parking lot on a portion of the site that is R1-B. 2. Variance No. 2007-02, as conditioned in Exhibit "B" attached hereto and incorporated herein, to allow a reduction in the lot size. 3. Variance No. 2007-03, as conditioned in Exhibit "C" attached hereto and incorporated herein, to allow a reduction in street frontage. These decisions are based upon the evidence submitted at the abovesaid hearing, which includes but is not limited to: the Request for Planning Commission Action dated May 14, 2007 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 14th day of May, 2007 by the following vote: AYES: Commissioners: Alderete, Betancourt, De La Torre, Gartner, Leo, Mill, Munoz (7) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: None (0) Christop er eo Chairman APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee Otto Assistant Ci Attorney Resolution No. 2007-24 Page 6 of 11 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2007-24 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on May 14, 2007. Date: ~o X02 - D ~ G~~~~~i~~ Planning Commission Secreta City of Santa Ana r~ Resolution No. 2007-24 Page 7 of 11 .q Conditions for Approval for Conditional Use Permit No. 2007-05 Conditional Use Permit No. 2007-05 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 Uniform Fire Code, the Uniform Building 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 conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Planning Division 1. All proposed site improvements must conform to the Site Plan Review approval of DP No. 2006-68. 2. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. A minimum seven-foot high masonry wall with ivy planted eight feet on- center shall be maintained at the north property line to separate this use from the adjacent residential uses. 4. All site lighting shall be designed and located so as not to impact the residential properties north of the project. 5. Signs shall only be permitted on the south elevation of the building. 6. No structures shall be located within 70 feet of the northern property line. This land shall be maintained as a parking and landscape buffer for the duration of the project. 7. Landscape material shall be upgraded to a minimum of 36-inch box trees and 15-gallon shrubs within the parking lot. After project occupancy, landscaping is to be maintained to include the minimum level of plant materials installed at the time of occupancy. 8. A final landscape plan shall be submitted to the Planning Commission for review and approval prior to issuance of building permits. Resolution No. 2007-24 Page 8 of 11 Exhibit A ., Conditions for Approval for Variance No. 2007-02 Variance No. 2007-02 is approved subject to compliance, to the reasonable satisfaction of the Planning Commission, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below rid 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. 06- 68. 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. Any amendment to this variance must be submitted to the Planning Division for review. At this time, staff will determine if administrative relief is available or the variance must be amended. 5. A minimum seven-foot high masonry wall with ivy planted eight feet on- center shall be maintained at the north property line to separate this use from the adjacent residential uses. Resolution No. 2007-24 Exhibit B Page 9 of 11 S Conditions for Approval for Variance No. 2007-03 Variance No. 2007-03 is approved subject to compliance, to the reasonable satisfaction of the Planning Commission, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building 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. The project shall remain in compliance with Site Plan Review DP No. 06- 68. 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. Any amendment to this variance must be submitted to the Planning Division for review. At this time, staff will determine if administrative relief is available or the variance must be amended. 5. A minimum seven-foot high masonry wall with ivy planted eight feet on- center shall be maintained at the north property line to separate this use from the adjacent residential uses. Resolution No. 2007-24 Exhibit C Page 10 of 11 • 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 2"d ,Santa Ana, California 92702. I served the foregoingg document described as: Resolution No. 2007-24 (Conditional Use Permit No. 2007-05 and Variance os. - an 03 in this action by placing a true copy thereof enclosed in sealed envelopes addressed as follows: Chris Miller PMR Incorporated 2109 South Wright, #F Santa Ana, CA 92705 [ ] 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 June 12, 2007 at Santa Ana, California. ~~%~%~~ C~ y~~ MAR HA RAM I REZ Resolution No. 2007-24 Page 11 of 11