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HomeMy WebLinkAbout2006-01KO -1 /4/06 • RESOLUTION NO. 2006-001 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2005-66 AS CONDITIONED TO ALLOW A REDUCTION IN PARKING; AND VARIANCE NO. 2005-67 AS CONDITIONED TO ALLOW A REDUCTION IN SETBACKS FOR THE PROPERTY LOCATED AT 2 HUTTON CENTRE DRIVE 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. 2005-66 to allow the reduction in parking and Variance No. 2005-67 to allow a reduction in setbacks in order to allow a 932 square foot addition to an existing retail center at 2 East Hutton Centre Drive. • B. Variances Nos. 2005-66 and 2005-67 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on January 9, 2006. C. Variance No. 2005-66 has been filed with the City of Santa Ana seeking a reduction in parking for the site. Based on Santa Ana Municipal Code §41-1341, a total of nine additional parking spaces are required for the new square footage. In addition, four parking spaces will be removed to accommodate the new outdoor seating area. Therefore, the applicant is requesting approval for a reduction in 13 parking spaces. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a Variance upon making certain findings. The Planning Commission determines that the findings necessary to grant the Variance have been established: 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. Resolution No. 2006-001 Page 1 of 7 Hutton Centre is a contained site surrounded by • existing commercial and residential developments. The parking analysis for the MacArthur Place South development determined that sufficient parking will be provided for the project during times of peak demand. The variance will allow the applicant the ability to use the property in a manner consistent with similar surrounding commercial, residential and professional 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 to allow a 13 space reduction in the parking requirement will preserve the property owner's ability to expand the center with additional restaurant tenants that are consistent with the Specific Development No. 76 (SD-76) 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 to allow reduction in parking will not be materially detrimental to the public welfare or injurious to surrounding property. Adequate parking will be provided within surface parking lots and parking structures to accommodate the proposed expansion. iv. That the granting of a variance will not adversely affect the General Plan of the City. The granting of the variance to allow reduction in parking requirement will not adversely affect the General Plan of the City since the proposed project has been designed in conformance with City Zoning, Development, and General Plan requirements except for the parking and setback requirements. General Plan Land Use Element Policy 2.2 supports commercial uses in adequate amounts to accommodate the City's needs for goods and services. Resolution No. 2006-001 Page 2 of 7 D. Variance No. 2005-67 has been filed with the City of Santa Ana seeking to reduce the required building setback on Hutton Center Loop from 25 feet to 10 feet. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a Variance upon making certain findings. The Planning Commission determines that the findings necessary to grant the Variance have been established: 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. • The proposed setback reduction will allow the applicant the ability to create pedestrian linkages among the various land uses within Specific Development No. 76 (SD-76) and to create an "urban edge" design concept by providing reduced setback along Hutton Center Drive. The proposed setback reduction will be consistent with the setback approved for the MacArthur Place project. 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 setback variance will preserve the property owner's ability to develop the property within a well-designed project that is consistent with the SD- 76 zoning district. Upgrade architectural materials and landscape palette will be incorporated throughout the proposed project to compensate the reduced setbacks. 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 setback variance will not be materially detrimental to the public welfare or injurious to surrounding property. The reduced setback will be consistent with the adjacent MacArthur Place South project. Resolution No. 2006-001 Page 3 of 7 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 commercial uses are permitted by the District Center General Plan land use designation. E. 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 expansion of existing commercial buildings up to an additional 10,000 square feet of floor area. Categorical Exemption No. 2005-166 will be filed for this project. Section 2. The Planning Commission after conducting the public hearing hereby: A. Approves Variance No. 2005-66, to reduce the parking requirement for the property located at 2 Hutton Centre Drive, as conditioned in Exhibit A attached hereto and incorporated as though fully set forth herein. B. Approves Variance No. 2005-67, to reduce the setback requirement for the property located at 2 Hutton Centre Drive, as conditioned in Exhibit B attached hereto and incorporated as though fully set forth herein. 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 January 9, 2006 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 9th of January, 2006 by the following vote: AYES: Commissioners: Betancourt, Cribb, De La Torre, Gartner, Leo, Lutz (6) NOES: Commissioners: None (0) ABSENT: Commissioners: Rodriguez (1) ABSTENTIONS: Commissioners: None (0) ~; t Christo er Leo Vice-Chairman • Resolution No. 2006-001 Page 4 of 7 • APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: r~ _ Kylee O. Oo Assistant ity Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2006-001 be the original resolution adopted by the Planning Commission of the City of Santa Ana on January 9, 2006. Date: `~ o J D~ Planning Commission Secretary City of Santa Ana Resolution No. 2006-001 Page 5 of 7 Conditions for Apuroval for Variance No. 2005-66 • Variance No. 2005-66 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 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 development project. 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 with the Site Plan Review approval of DP No. 05-53. 2. Any amendment to this variance must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the variance must be amended. • 3. A maximum of nine tenant spaces shall be allowed at the center. Exhibit A Resolution No. 2006-001 Page 6 of 7 • Conditions for Approval for Variance No. 2005-67 Variance No. 2005-67 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 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 development project. Failure to comply with each and every condition may result in the revocation of the variance. A. Planning Division All proposed site improvements must conform with the Site Plan Review approval of DP No. 05-53. 2. Any amendment to this variance must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the variance must be amended. • f nine tenants aces shall be allowed at the center. 3. A maximum o p • Exhibit B Resolution No. 2006-001 Page 7 of 7