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Home My WebLink About2007-20 RESOLUTION NO. 2007-20 KO- 4/10/07 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2007-04 AS CONDITIONED TO ALLOW A DRIVEWAY TO BE LOCATED WITHIN 150 FEET OF THE STREET INTERSECTION FOR THE PROPERTY LOCATED AT 801 EAST FIRST 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. 2007-04 to allow a driveway to be located within 150 feet of the street intersection at 801 East First Street. B. Variance No. 2007-04 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on April 23, 2007. C. Santa Ana Municipal Code Section 41-428 states that "there shall be no more than one (1) vehicle entryway and one (1) vehicle exit way for each one hundred fifty (150) feet of street frontage of the lot. No such entryway or exit way shall be located within one hundred fifty (150) feet of any street intersection corner radius." D. Variance No. 2007-04 has been filed with the City of Santa Ana seeking to allow a driveway to be located within 150 feet of the street intersection at 801 East First Street. 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. Due to the configuration of the lot and the placement of the • proposed building, denial of the variance would deprive the property owner the privilege of constructing a quality child Resolution No. 2007-20 Page 1 of 6 • care center. The property is bounded by a public street on the west and south, and a lot owned by a separate owner to the east. The applicant is unable to expand the lot and therefore cannot accommodate the 150 driveway separation requirement from the street corner. The applicant has fully utilized the existing area and provided a high quality project that complies with the required off-street parking requirement of the City. Additionally, the on-site circulation allows for a greater amount of movement with the proposed two driveway entrances. 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 would allow the property owner the opportunity to develop a quality project on the site. Not allowing the variance would force the applicant to construct a smaller child care service and provide on site circulation in a less efficient manner. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. • The proposed child care center will have no detrimental impacts to the surrounding neighborhood. The size, scale, and design of the proposed child care contributes to a quality development project. The one story, modern styled building creates a balance between the existing commercial along First Street and the existing residential development to the rear of the project. Policy 2.2 of the Urban Design Element encourages development that is consistent with the scale, bulk, and pattern of existing development. Additionally, Policy 6.2 of the Circulation Element discourages the use of residential streets to provide access to non-residential development. As Lacy Street is a residential street, the applicant is unable to provide an alternate driveway location along that street. 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 City's General Plan in any way as the land use designation of General Commercial (GC) child care centers. Additionally, the proposed use is consistent with the • development goals of the General Plan. Policy 2.10 of the Land Use Element encourages developments that are Resolution No. 2007-20 Page 2 of 6 harmonious in scale and character with the existing neighborhood development. F. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review per Section 15332. This Class 32 exemption allows for in-fill projects in urban areas on project sites of no more than five acres. Categorical Exemption Environmental Review No. 2006-150 will be filed for this project. Section 2. The Planning Commission after conducting the public hearing hereby approves Variance No. 2007-04 as conditioned in Exhibit "A" attached hereto and incorporated herein, to allow a driveway to be located within 150 feet of the street intersection at 801 East First Street. 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 April 23, 2007 and exhibits attached thereto and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 23rd day of April, 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) ~ ~ '~' f Christop r Leo Chairman APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee Ott Assistant ity Attorney Resolution No. 2007-20 Page 3 of 6 • CERTIFICATE OF ATTESTATION AND ORIGINALITY 1, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2007-20 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on April 23, 2007. Date: ~ ~~ - ~ 7 Planning Commission Secretary City of Santa Ana Resolution No. 2007-20 Pa~~4 of ~ Conditions for Approval for Variance No. 2007-04 Variance No. 2007-04 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 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- 64. 2. 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. Exhibit A Resolution No. 2007-20 Page 5 of 6 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 fore oing document described as: Resolution No. 2007-20 Variance No. 2007-04 in this action by placing a true copy ereo enc ose m sealed enve opes a resse as follows: Randy Dettmer 663 Hill Street San Luis Obispo, CA 93405 [ ] 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. MA THA RAMI Resolution No. 2007-20 Page 6 of 6