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HomeMy WebLinkAbout2007-16 RESOLUTION NO. 2007-016 KO- 3/28/07 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2007-01 AS CONDITIONED TO REDUCE THE REQUIRED PARKING FOR THE PROPERTY LOCATED AT 1044 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. 2007-01 to reduce the required parking standards for a home improvement warehouse at 1044 East Fourth Street. B. Variance No. 2007-01 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on February 26, 2007. The public hearing was continued to March 26, 2007. C. Variance No. 2007-01 has been filed with the City of Santa Ana seeking to reduce the required parking standards for a home improvement warehouse at 1044 East Fourth Street. D. 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. The subject industrial site is a 4.3 acre irregularly shaped parcel constrained by the location and size of two existing industrial buildings on the property. Due to the size of the property and location of existing buildings, the number of parking spaces required by the Cities parking code can not physically be achieved on the property without reducing building square footage which would make the project • unviable and create a hardship for the applicant and owner of the property. A parking analysis was prepared by Resolution No. 2007-016 Page 1 of 8 Parsons Transportation Group, Inc., with additional analysis • prepared by Austin-Foust Associates, Inc. Based upon the finding of a literature search and actual parking demand case studies at three existing HD Supply (formally Contractors' Warehouse) locations, the study concluded that the peak parking demand on the single highest day of the year will not exceed 90 parking spaces including all contractor vehicles. The project provides 104 on-site parking spaces for customer use. Therefore, applying the strict letter of the City parking code would, in this particular case, deprive the subject property of attracting a use to the property that is otherwise allowed by right in the heavy industrial zoning district and therefore would deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. 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 parking variance will preserve the property owners right to develop and lease a vacant industrial property with a use that is allowed by right in the Heavy Industrial (M-2) zoning district. The new use will help to revitalize a vacant industrial property which will preserve the property owners right to upgrade, develop and lease their property. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The findings of the parking study completed by Parsons Transportation Group, Inc., with additional analysis prepared by Austin-Foust Associates, Inc., Traffic Engineers, indicate that the peak parking demand on the single highest day of the year will not exceed 90 parking spaces including all contractor vehicles. The project provides 104 on-site parking spaces for customer use. Based upon the findings of the parking study, there will be adequate parking on the subject site at times of peak demand and therefore, the granting of the variance fora 72-space parking reduction will not be materially detrimental to the public welfare or injurious to surrounding property. Granting of the variance will allow the owner of the site to lease their property to an industrial user that is otherwise allowed by right in the Heavy Industrial (M-2) zoning district. Granting of the parking variance will • allow the property owner the right to utilize their property in a manner that is consistent with surrounding industrial uses. Resolution No. 2007-016 Page 2 of 8 • 4. That the granting of a variance will not adversely affect the General Plan of the City. The granting of the parking variance would not adversely affect the General Plan of the City. The property in question is located within the Industrial (IND) General Plan designation which permits the Home Improvement Warehouse use proposed by the applicant. Since parking is ancillary to the primary use of the property as a home improvement warehouse, the granting of the parking variance would under the circumstances of this particular case, have no adverse affect on the General Plan of the City. E. This project was reviewed in accordance with the guidelines for the California Environmental Quality Act. The recommendation is exempt from further review pursuant to Section 15301. This Class 1 exemption allows additions to existing structures provided that the addition will not result in an increase of more than 2,500 square feet. Categorical Exemption Environmental Review No. 2006-126 will be filed for this project. Section 2. The Planning Commission after conducting the public hearing hereby • approves Variance No. 2007-01 as conditioned in Exhibit "A" attached hereto and incorporated herein, to reduce the required parking standards for a home improvement warehouse at 1044 East Fourth Street to allow a parking lot. 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 February 26, 2007 and exhibits attached thereto; the Request for Planning Commission Action dated March 26, 2007 and exhibits attached thereto and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 26th day of March, 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) ~~ ~. Christopf~er Leo • Chairman Resolution No. 2007-016 Page 3 of 8 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney .,.~---- By: Kylee Otto Assistant ity Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2007-016 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on March 26, 2007. Date: ~ _6 / Plan ing Commission Secret • City of Santa Ana C] Resolution No. 2007-016 • Conditions for Approval for Variance No. 2007-01 Variance No. 2007-01 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 Uniform Fire Code, the Uniform Building 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 rim or to exercising the rights conferred by the 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. 2006-58. 2. The parking reduction shall not exceed 72 spaces and is valid for industrial uses only. Any future uses which are not permitted in the industrial zoning district, shall comply with the parking standards in place at that time or shall seek a future variance. •' 3. The variance is only valid for the configuration of the existing buildings and site layout as shown on the approved site plan. 4. All trash receptacles and bins located outside of the buildings shall be located in a trash enclosure with minimum dimensions that meet City Standards. 5. All landscaping and plant material on the site shall be maintained with at least the same numbers and types of trees and plant material as indicated on the approved landscape plan. 6. Prior to Certificate of Occupancy, all pot holes and deteriorated paving on the site shall be repaired and the site slurry coated and double striped to City standards. Site paving and striping shall be repaired and maintained as part of a regularly scheduled maintenance program. 7. The site occupant shall be responsible for maintaining free of litter the area adjacent to the premises over which he has control. 8. The building operator shall take what ever measures are necessary to ensure that all shopping carts will remain contained within the boundaries of the site. 9. There shall be no outdoor storage, parking lot sales, displays, equipment lease/rental or similar activities in any area designated as a • project drive aisle or for required customer parking. These activities may only take place outside of drive aisles and fire lanes on the South Resolution No. 2007-016 Page 5 of 8 side of Building "A" and the west side of Building "B". These activities • must be screened from the adjacent railroad line by a solid wall or fence or by plant material approved by the Planning Division. 10. All leasing and rental of equipment shall take place enclosed within either Building "A" or Building "B" or behind building "A" and adjacent to Building "B" as indicated in condition No. 9 above. 11. The height of materials stacked outdoors shall not exceed the height of the screen wall/landscaping provided. 12. There shall be no backing of trucks from Fourth Street on to the site or from the site on to Fourth Street. 13. The palm trees located at the southwest corner of Building "A" shall be retained. 14. Bougainvillea shall be planted at eight foot intervals and irrigation shall be provided at the base of Building "A" at the rear of the new receiving area, south to the southwest corner of the building, to help reduce graffiti. 15. Anew eight foot tall wrought iron fence shall be constructed along the west property line running from the southwest corner of the new receiving area to the southwest corner of Building "A". 16. New fencing shall match the existing wrought iron fencing material . established on the site. 17. The access gate located on Santa Fe Street shall be closed during the hours which HD Supply is open to public customers. It may be open to receive deliveries prior to the beginning of regular operating hours. 18. All employees shall park their vehicles on-site. 19. Conditions of the variance shall be reviewed by the Planning Division for compliance 90 days, six months, 1 year and annually there after from the date of Certificate of Occupancy for the project. B. Police Department The site occupant shall be responsible for maintaining the premises free from graffiti, including the side of the buildings adjacent to the railroad tracks. All graffiti shall be removed within 24 hours. 2. The business operator shall post "No Loitering/Trespass signs/placards in the parking lot and on the building pursuant to California Penal Code ("CPC") section 602. It shall be the business operator's responsibility to ensure that CPC section 602 is complied with at all times that the premises is in operation. • Resolution No. 2007-016 Page 6 of 8 • 3. All public telephones if provided shall be located within the interior of the buildings and shall be designed to allow outgoing calls only. C. Public Works Aaency 1. The operator shall install a sign at the westernmost driveway on Fourth Street to read "NO BACKING INTO DRIVEWAY". The sign shall be visible from the street. 2. The operator shall install a sign on site at the westernmost driveway on Fourth Street to read "NO BACKING INTO STREET". The sign shall be visible from the delivery area. 3. Outdoor rental equipment area indicated in Planning Condition 9 shall be designed to comply with National Pollutant Discharge Elimination System (NPDES) standards and Orange County Sanitation District (OCSD) standards for any run-off. Such standards must appear on plans. t Resolution No. 2007-016 Page 7 of 8 1 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. 2007-016 Variance No. 2007-01 in this action by placing a true copy t ereo enc ose in sealed enve opes a resse as follows: Doug Couper Greenberg Farrow Architecture 1920 Main Street, Suite 1150 Irvine, CA 92614 [ ] 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 April 24, 2007 at Santa Ana, California. MARTHA RAMIREZ f Resolution No. 2007-016 Page 8 of 8