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HomeMy WebLinkAbout2001-03• RESOLUTION NO.2001-03 Kdo/03/22/02 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING AND ADOPTING THE NEGATIVE DECLARATION FOR ENVIRONMENTAL REVIEW NO. 2001-02 AND APPROVING VARIANCE NO. 00-70 TO REDUCE PARKING FOR A TAKEOUT RESTAURANT LOCATED AT 1015 SOUTH MAIN 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. The Negative Declaration for Environmental Review No. 01-02 and Variance No. 00-70 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on February 12, 2001. • B. Applicant is requesting a variance to reduce by approximately 7.4% the parking requirement for the property located at 1013 South Main Street. C. 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. The subject property is a peculiar shape with the parking area in front of and behind the building creating design inefficiencies. In addition, the location of the site on the curve of the McFadden re-alignment creates additional site difficulties. 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The variance will allow for the leasing of the site to national • chain tenants. The site plan meets or exceeds all standards for a commercial development. Resolution No. 2001-03 Page 1 of 3 • 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The variance will not be materially detrimental to surrounding property. A six foot high masonry wall will be provided along the abutting residential lot to help screen the parking lot. There is also a six foot high screen wall with ornamental metal fencing along the Cypress side of the parking lot screening views in to the site. Along the McFadden alignment, a 30 inch high screen wall is to be built. No parking spillover should occur in the neighborhood. 4. That the granting of a variance will not adversely affect the General Plan of the City. The granting of a reduction in the parking is consistent with the goals and objectives of the City's land use and economic development strategies of the General Plan. 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. The Planning Commission has, as a result of its consideration and the evidence presented at the hearings on this matter, 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. After conducting the public hearing, the Planning Commission hereby approves and adopts the Mitigated Negative Declaration for Environmental Review No. 2001-02. • Resolution No. 2001-03 Page 2 of 3 • Section 4. The Planning Commission hereby approves and adopts Variance No. 00-70 as conditioned in Exhibit "A" attached hereto and incorporated herein. ADOPTED this 12th day of February, 2001. APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney __ By: ,~ , Kylee Odette Depufy_.City Attorney AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: Cribb, Doughty, Leo, Mondo, Nalle, (5) None (0) Richardson, Verino (2) None (0) CERTIFICATE OF ATTESTATION AND ORIGINALITY • I, LAURA JOHNSON, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2001-03 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on February 1'2, 2001. Date: ~-~ "~,. Wing Co fission Secretary of to Ana Resolution No. 2001-03 Page 3 of 3 • Conditions for Approval for Variance No. 00-70 Variance No. 00-70 is approved 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 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. A. Planning Division 1. 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. 2. The development project shall be built in compliance with Site Plan Review (DP 97-019), Conditional Use Permit No. 99-17, and the staff report exhibits. 3. The project is subject to the development standards and fees in effect at the time of permit issuance. • 4. Building permits for each of the proposed takeout use shall be issued within two years of the date of variance approving the use. 5. The building architecture for any of the uses in this development is to maintain the architectural vocabulary established in the exhibits. 6. The development shall follow the color scheme established by the Community Development Agency for the revitalization of and rebate program for South Main Street. 7. Takeout/deliveryfnod service only shall be maintained in 1500 square feet of restaurant space. There shall be no seating within the premises. 8. All delivery vehicles shall be parked during business hours or after hours in the rear parking lot to keep the front parking lot free for customer traffic. 9. Exterior trash receptacles are to be provided and maintained onsite and within adjacent parking areas. 10. Public payphones, if provided, may only be located within buildings within clear view of the counter. No exterior payphones are permitted. • EXHIBIT "A" • 11. The buildings and site shall remain free of promotional banners and flags, except as permitted by Municipal Code. Permanent signage must be maintained in compliance with the Santa Ana Municipal Code. 12. After project occupancy, landscaping is to be maintained to include the minimum levels of plant materials installed at the time of occupancy. 13. No vending or reverse vending machines may be located on the exterior of any structure on the property unless required by State mandate upon which such machines are to be located below the building canopy and screened. 14. Security/limited access gates at driveways and along the streets are prohibited. B. Police Department 1. The window facing the rear parking lot cannot be obstructed in any manner. This window is required to provide maximum visibility of the rear parking lot from the interior of the tenant space. • Exhibit "A"