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HomeMy WebLinkAbout2003-41 RESOLUTION N0.2003-41 Koo-10/27/03 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA FOR A REDUCTION IN THE REQUIRED REAR YARD SETBACK FOR THE PROPERTY LOCATED AT 1101 WEST SANTA ANA BOULEVARD 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. The Planning Commission held a duly noticed public hearing on October 27, 2003, on Variance No. 2003-04, for a reduction in the required rear yard set back for the property located at 1101 West Santa Ana Boulevard. r ~ ~_.J B. 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. Due to the size of the lot and the surrounding property uses, the denial of the variance would deprive the property owner the privilege of constructing a quality office development. Additionally, by requiring the required rear yard setback would create a dead end situation for the on-site parking spaces. 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 on a project site that otherwise would not allow a quality office development. Not allowing the variance would force the applicant to construct a smaller and less business friendly office building. • 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. Resolution No. 2003-41 Page 1 of 3 The proposed office building wilt have no detrimental impacts to the surrounding neighborhood. The size, scale, and design of the proposed office building contribute to a quality development project. The one story modem styled building creates a balance between the existing commercial, government facilities, and existing residential development. Policy 2.2 of the Urban Design Element encourages development that is consistent with the scale, bulk, and pattern of existing development. 4. That the granting of a variance will not adversely affect the General Plan of the City. The granting of the variance wilt not adversely affect the City's General Plan in any way as the land use designation of Professional (P) allows office development. Additionally, the proposed office building is consistent with the development goals of the general plan. Policy 2.9 of the Land Use Element encourages developments that are harmonious in scale and character with the existing neighborhood development. Section 2. The Planning Commission has reviewed and considered the information contained in the initial study and the negative declaration prepared with • respect to this Project. As a result of this consideration and the evidence presented at the hearing on this matter, the Planning Commission has determined that, as required pursuant to the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, a negative declaration adequately addresses the expected environmental impacts of this Project. On the basis of this review, the Planning Commission finds that there is no evidence from which it can be fairly argued that the Project will have a significant adverse effect on the environment. The Planning Commission hereby certifies and approves the negative declaration and directs that the Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. Pursuant to Title XIV, California Code of Regulations ("CCR") § 735.5(c)(1), the Planning Commission has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 735.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 3. The Planning Commission hereby approves Variance No. 2003-04 as conditioned in Exhibit "A" attached hereto and incorporated herein. • Resolution No. 2003-41 Page 2 of 3 ADOPTED this 27"' day of October, 2003 by the following vote: AYES: Commissioners: Cribb, De La Torre, Leo, Lutz, Mondo (5) NOES: Commissioners ABSENT: Commissioners: ABSTENTIONS: Commissioners: Sinclair (1) Nalle (1) None (0) ~< ij ~ ',~ Ale nder Nalle '~ Chairperson APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney • By: Kylee O. Otto Deputy City A orney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, ROSA BARELA, Clerk of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2003-41 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on October 27, 2003. ~ __.~"~ Date: % ~ l ~ ~~ ~ ~ ~~~.-~~~~ ~ `,~v'`~,f' ~ Clerk of the Planning Commission City of Santa Ana Resolution No. 2003-41 Page 3 of 3 • Conditions of Approval for Variance No. 2003-04 The Planning Commission approves Variance No. 2003-04 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 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 Comply with all conditions and requirements as stated in DP No. 02-54 and the exhibits of this variance. 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 conditional use permit must be amended. C 3. A six-foot high solid block wall shall be provided and maintained on the rear property line. B. Police Department There shall be no public telephones located on the exterior of the premises. (Modified by the Planning Commission on October 27, 2003.) • EXHIBIT "A"