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Home My WebLink About2002-37• RESOLUTION NO.2002-37 bk/9/17/02 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA DENYING CONDITIONAL USE PERMIT NO.2002-14 TO ALLOW AN INDOOR SWAP MEET AND VARIANCE NO. 2002-09 FROM THE OFF-STREET PARKING AND LANDSCAPING REQUIREMENTS FOR THE PROPERTY LOCATED AT 2027-29 WEST FIRST 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. On October 28, 2002 the Planning Commission conducted a public hearing on Conditional Use Permit No. 2002-14 and Variance No. 2002-09 for the property located at 2027-29 West First Street. • B. Conditional Use Permit No. 2002-14 has been filed with the City of Santa Ana seeking to allow an indoor swap meet for the property located at 2027- 29 West First Street. The Planning Commission determines that the following findings, which pursuant to Santa Ana Municipal Code Section 41-638, must be established in order to grant a Conditional Use Permit, have not been established: i. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? The indoor swap meet use will not provide a service to the community since parking and landscaping will not be provided per the City standards. Given the design of the uses and alleys in the vicinity of the applicant, overflow parking would spill over into neighboring uses. There are other commercial establishments in the vicinity that offer clothing and general household goods similar to what is offered at this location; therefore, the indoor swap meet use will not contribute to the general well being of the neighborhood or the community. • Resolution No. 2002-37 Page 1 of 5 • ii. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? The indoor swap meet use will be detrimental to persons residing and working in the area because parking and landscaping required by code will not be provided for the site, which may cause a parking problem to adjacent businesses. Additionally, the front yard setback and landscape planters are required to provide visual screening and architectural enhancement. Lack of landscaping is a sign of dilapidation, which is detrimental to the general welfare of the area. iii. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? While the indoor swap meet use will generate City tax revenue and employment in the community, legalizing the indoor swap meet would be a detriment to the inevitable recycling of this site and the surrounding area • into more economically productive and stable uses. iv. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The indoor swap meet use will not be in compliance with the parking and landscaping requirements of Chapter 41 of the Santa Ana Municipal Code thus will not contribute to the general well being of the neighborhood or community. v. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed use will adversely affect the General Plan of the City since it does not satisfy several of the policies contained within the Land Use Element. The proposed indoor swap meet is in an area designated General Commercial (GC) in the General Plan. "General Commercial districts are key components in the economic development of the City." General Plan page A-19. The proposed project has insufficient parking and landscape as required by code, which will • impact the quality of life in the City. Policy 2.5. Resolution No. 2002-37 Page 2 of 5 • Additionally, Policy 2.8 which states, "[support developments that create a business environment that is ...attractive", will not be satisfied by this project due to the insufFcient front yard setback and landscape planters which are required by the code in order to provide visual screening and architectural enhancement. Lack of landscaping is a sign of dilapidation, which is detrimental to the quality of life and attractiveness of a project. C. Variance No. 2002-09 has been filed with the City of Santa Ana seeking a variance from the off-street parking and landscaping requirements. The Planning Commission determines that the following findings, which pursuant to Santa Ana Municipal Code Section 41-638, must be established in order to grant a Variance, have not 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. There are no special circumstances applicable to the subject property. The subject site is located on the north side of First Street between Townsend and Clara Streets. The property is surrounded by commercial and industrial uses. The property is irregular in shape, 2.6 acres in size and is currently occupied by two commercial buildings, which is similar to other properties in the vicinity. The granting of a variance is not necessary for the preservation and enjoyment of one or more substantial property rights. 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 is not necessary as the project site was approved for a single tenant commercial use that is consistent with the General Commercial (C2) zoning district. An indoor swap meet is required to be brought into compliance with the • current commercial development standards including parking, landscaping and signage. Resolution No. 2002-37 Page 3 of 5 • 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 will be materially detrimental to the public welfare or injurious to the surrounding property, because parking and landscaping required by code will not be provided for the site, which may cause a problem to adjacent businesses. Additionally, the front yard setback and landscape planters are required to provide visual screening and architectural enhancement. Lack of landscaping is a sign of dilapidation, which is detrimental to the general welfare of the area. iv. That the granting of a variance will not adversely affect the General Plan of the City. • The granting of the variance will adversely affect the General Plan of the City since it does not satisfy several of the policies contained within the Land Use Element. The proposed project is in an area designated General Commercial (GC) in the General Plan. "General Commercial districts are key components in the economic development of the City." General Plan page A-19. The proposed project has insufficient parking and landscape as required by code, which will impact the quality of life in the City. Policy 2.5. Additionally, Policy 2.8 which states, "[support developments that create a business environment that is ...attractive", will not be satisfied by this project due to the insufficient front yard setback and landscape planters which are required by the code in order to provide visual screening and architectural enhancement. Lack of landscaping is a sign of dilapidation, which is detrimental to the quality of life and attractiveness of a project. D. In accordance with the California Environmental Quality Act, Statutory Exemption Environmental Review No. 01-76 will be filed for this project. Section 2. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby denies Conditional Use Permit number 2002-14 and Variance No. 2002-09. This decision is based upon the evidence submitted at the abovesaid hearing, which includes but not is not limited to: the Staff report and exhibits attached thereto; and the public testimony all of which are incorporated herein by this reference. Resolution No. 2002-37 Page 4 of 5 • ADOPTED this 28th day of October, 2002 by the following vote: AYES: Commissioners: Cribb, Mondo, Nalle, Richardson, Verino (5) NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: Leo (1) Doughty (1) None (1) 4, Alexander Nalle Chairperson • • APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By:_ Benja Chief nt City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, LAURA JOHNSON, the Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2002-37 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on October 28, 2002. Date: ~ ~" a ~ ~ ~~ ,~.~°" . nn' g Commis ' n Secretary City of Santa Resolution No. 2002-37 Page 5 of 5