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HomeMy WebLinkAbout2005-67RESOLUTION NO.2005-67 KO -09/02/05 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2005-25 AS CONDITIONED TO ALLOW REDUCTIONS IN THE FRONT YARD SETBACKS, LANDSCAPING AND LOADING ZONE REQUIREMENTS FOR THE PROPERTY LOCATED AT 206 NORTH OLIVE 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 2005-25, to allow three variances from the zoning code to allow reductions in the front yard setbacks, landscaping and loading zone requirements for the property located at 206 North Olive Street. The three variances are as follows: • 1. Variance No. 2005-25(a) to allow a reduction in front yard setbacks as conditioned. Pursuant to Section 41-315 of the Santa Ana Municipal Code, a landscaped yard area of 15 feet along all street frontages is required. 2. Variance No. 2005-25(b) to allow a reduction in landscaping as conditioned. Section 41-317 and 41-319 requires afive-foot landscape planter around and abutting the building and a planter for every 10 parking spaces provided. 3. Variance No. 2005-25(c) to waive the loading space requirement as conditioned. Pursuant to Section 41-1305 of the Santa Ana Municipal Code, a 10-foot by 25-foot loading space is required for the building. B. Variance No. 2005-25 came before the Planning Commission on August 22, 2005 for a duly noticed public hearing. C. The Planning Commission determines that for Variance No. 2005-25 (a, b, and c) the following findings, which must be established pursuant to Santa Ana Municipal Code Section 41-638 in order to grant a variance from the provisions of the Santa Ana Municipal Code, have been established: • 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location, or Resolution No. 2005-67 Page 1 of 4 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. There are special circumstances applicable to the subject property. The subject site is located on the northeast corner of Olive and Second Streets, which is a contained site surrounded by existing residential and commercial developments. The setback, landscaping reductions and loading space waiver are necessary due to the limited lot size and configuration. This variance will allow the applicant the ability to use the property in a manner that is consistent with similar surrounding commercial and professional uses. 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 will preserve the property owner's ability to develop the property with awell-designed office building that is consistent with the Professional (P) zoning district. • 3. 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 property because the project has been designed to preserve the character of the surrounding neighborhood: The facility will contribute to the general well being of the community by providing professional service to residents and visitors as well as enhancing the economic stability of the area by converting a vacant lot into a vital, active commercial development. 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 since the proposed office building was designed in conformance with City Zoning, Development, and General Plan requirements. D. 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 15303 and 15305. The Class 3 exemption allows the construction of small structures and the Class 5 Resolution No. 2005-67 Page 2 of 4 exemption allows minor alterations in land use limitations. Categorical • Exemption Environmental Review No. 2004-246 will be filed for this project. Section 2. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Variance No. 2005-25 (a, b, and c) as conditioned in Exhibit A attached hereto and incorporated herein as though fully set forth. This decision is based upon the evidence submitted at the abovesaid hearing, which includes but is not limited to: the Staff reports and exhibits attached thereto; and the public testimony all of which are incorporated herein by this reference. ADOPTED this 22nd day of August, 2005 by the following vote: AYES: Commissioners: De La Torre, Gartner, Leo, Lutz, Mondo, Nalle (6) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: Cribb (1) GIen~Mondo Chairp rson APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney Kylee O. O o Assistant ' y Attorney Resolution No. 2005-67 Page 3 of 4 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Clerk of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2005-67 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on August 22, 2005. Date: Clerk f the Planning Commissi City of Santa Ana Resolution No. 2005-67 Page 4 of 4 Conditions for Approval for Variance No. 2005-25 • Variance No. 2005-25 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. 04- 88. 2. File, process and record afive-foot property line radius dedication at the northwest corner of Olive Street and Second Street for a new wheelchair ramp prior to issuance of building permits. • 3. File and record a reciprocal ingress and egress agreement to allow shared parking and driveway access with the property immediately to the north prior to issuance of building permits. 4. After project occupancy, landscaping is to be maintained to include the minimum level of plant materials installed at the time of occupancy. 5. The required trees shall be upgraded to a 36-inch boxed size and shrubs shall be upgraded to afive-gallon size throughout the project. 6. 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. 7. Delivery hours are required to be before 9:00 a.m. or after 5:00 p.m. to avoid any potential conflict in the parking area. B. Police Department 1. The proposed building and parking lot must conform with the provisions of Chapter 8, Article II, and Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the • existing project's lighting, door/window locking devices and addressing be Exhibit "A" Page 1 of 2 upgraded to current code standards. Lighting standards cannot be located in required landscape planters. n Exhibit "A" Page 2 of 2