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HomeMy WebLinkAbout2005-04• RESOLUTION NO. 2005-04 KO -2/23/05 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2005-01 TO ALLOW A REDUCTION IN THE FRONT AND SIDE YARD SETBACKS FOR THE PROPERTY LOCATED AT 801 NORTH ROSS 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 2005-01, for a reduction in the front and side yard setback requirements to facilitate the construction of a new office building at 801 North Ross Street. B. Variance No. 2005-01 came before the Planning Commission on February 14, 2005 for a duly noticed public hearing. C. The Planning Commission determines that for Variance No. 2005-01 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 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 development project has special circumstances that warrant the granting of a variance. The proposed building has setbacks of three-feet from the front and street side property lines. A survey of the existing front yard setbacks of the adjacent structures along the north side of Civic Center Drive has determined that the most immediate adjacent buildings have zero setbacks. Additionally, due to the shape and size of the lot, the denial of the variance would deprive the property owner the privilege of constructing a quality office development. By being compatible with the existing pattern of development, the • Resolution No. 2005-04 Page 1 of 4 proposed yard reduction should not have a negative impact • to the existing street pattern. 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The approval of this variance will allow the property owner to utilize the property to the best extent possible and allow him to construct a high quality office development. The establishment of this structure is consistent with the development pattern along the north side of Civic Center Drive. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. i. The granting of a variance will not be detrimental or injurious to the surrounding properties. The new structure will be aesthetically compatible with the surrounding properties within the Civic Center, which offers a variety of office, government service buildings and architecture styles. The proposed project accomplishes Goal 2.9 of the General Plan Land Use Element, supporting new development which is • harmonious in scale and character with existing development in the area and Goals 2.1 and 2.2 of the Urban Design Element, encouraging creative architectural design and consistency with the existing pattern of development. ii. The encroachment into the front and side yard setbacks will not have a negative impact on the existing neighborhood character and will provide architectural design that will follow the existing pattern of development. Goal 2.7 of the Urban Design Element states projects must exhibit a functional, comfortable scale in relation to the neighborhood; the compatible setbacks of the structure with the existing structures along the north side of Civic Center Drive will accomplish this goal. 4. That the granting of a variance will not adversely affect the General Plan of the City. The variance will not adversely affect the General Plan as it will be consistent with the goals and policies expressed in that document. Additionally, office is a permitted use in the Professional zoning district. Goal 3.5 of the Urban Design Element Policy Plan is to encourage projects that are • consistent with the architectural character of the Resolution No. 2005-04 Page 2 of 4 neighborhood. The office building will be architecturally • compatible with the existing pattern of development. The structure has been designed to provide architectural consideration and articulation and the encroachment of the structure into the front and side yard setback will not negatively impact the existing pattern of development along the north side of Civic Center Drive. D. In accordance with the California Environmental Quality Act, the proposed project is exempt from further review per section 15303 (c) as the office building does not exceed 10,000 square feet, and section 15305 (a), which exempts setback variances that do not create new parcels. Categorical Exemption Environmental Review No. 04-137 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. 2005-01 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 not 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 14th day of February, 2005 by the following vote: • AYES: Commissioners: Cribb, De La Torre, Gartner, Leo, Lutz, Mondo (6) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: Nalle (1) APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: ~ ~~ • Kylee O. tto Assistan ity Attorney Resolution No. 2005-04 Page 3 of 4 • ERTIFICATE OF ATTESTATION AND ORIGINALITY C I, MARTHA RAMIREZ, Clerk of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2005-04 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on February 14, 2005. Date: ~ ~~~ ~ ~ Clerk of the Planning Commi n City of Santa Ana • • Resolution No. 2005-04 Page 4 of 4 Conditions for Approval for Variance No. 2005-01 • Variance No. 2005-01 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 rid 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. 2004-42. 2. Prior to issuance of permits, Lot Line Adjustment No. 2004-03 must be approved and a new grant deed recorded. 3. Elevation accents and surrounds including, but not limited to decorative . stone and pavement, light fixtures and signs shall be subject to review and approval by Planning Manager. 4. A revised landscaping plan, which includes decorative paving at southwest corner, shall be subject to review and approval by Planning Manager. 5. Bumper guards shall be provided for 90-degree parking stalls to prevent parked vehicles from intruding into any landscaped area. • Exhibit "A"