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HomeMy WebLinkAbout110228_2011-01_1901NTustin• off - o2r2an ~ RESOLUTION NO. 2011-01 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2011-01 AS CONDITIONED TO ALLOW A REDUCTION IN LANDSCAPED SETBACKS FOR THE PROPERTY LOCATED AT 1901 NORTH TUSTIN AVENUE 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 No. 2011-01 to allow a reduction in landscaped setbacks for a new medical office building at 1901 North Tustin Avenue. B. Variance No. 2011-01 came before the Planning Commission of the City • of Santa Ana for a duly noticed public hearing on February 28, 2011. C. Variance No. 2011-01 has been filed with the City of Santa Ana seeking to reduce the required landscaped setbacks along the street frontage in the C1 district. Sections 41-368 and 41-369 of the Santa Ana Municipal Code require a fifteen (15) foot setback for a front yard and a side yard adjacent to a street for buildings on corner lots in the C1 district. In addition, Section 41-372 of the Santa Ana Municipal Code requires a landscaped area not less than fifteen (15) feet along any property line abutting a street, except for paved driveways, in the C1 district. D. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a variance upon making certain findings. 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 provisions of this Chapter. The project site has a special circumstance related to its size, shape and location. The building was constructed in the 1960s and was previously used by the Automobile Club • of Southern California (AAA). Subsequent to its construction • Tustin Avenue was realigned, the property was split by the new road, and the original Tustin Avenue became Old Tustin Avenue. This property split reduced the building's front yard setback making it non-compliant with today's development standards. The realignment also caused the property to be irregular in its size and shape further constraining the property's ability to provide the required setback. • 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 is necessary for the preservation and enjoyment of substahtial property rights. Meeting the setback standard would require the demolition of approximately 1,500 square feet of building area; a reduction of 23% of usable area. This reduction would significantly reduce the feasibility of the proposed use of the building, which impacts the property rights of the owners. The granting of the variance is necessary to preserve the property owner's rights and the variance will allow the owner to rehabilitate and improve the site for a medical office use that is consistent with the Community Commercial (C1) 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 as significant interior and exterior upgrades will be made to a vacant building that will bring the site into compliance with all applicable codes. Improvements such as a new building fapade, a new parking lot, new landscaping and new roofing will enhance this property as well as the surrounding properties. Further, the proposed medical office use will not generate operational impacts to surrounding properties. Finally, the building will comply with the provision of the California Building Standards Code. • 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 medical office use was designed in conformance with City Zoning, Development and General Plan requirements. • E. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review pursuant to Section 15061(b)(3), which is a general rule exemption applying to projects that have no possibility of having a significant effect on the environment. Categorical Exemption Environmental Review No. 2010-121 will be filed for this project. Section 2. The Planning Commission, after conducting the public hearing, hereby approves Variance No. 2011-01, as conditioned in Exhibit "A" attached hereto and incorporated herein, to allow a reduction in the required landscaped setbacks for the property located at 1901 North Tustin Avenue. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated February 28, 2011, and exhibits attached thereto, and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 28th day of F AYES: Commissioners • NOES: Commissioners ABSENT: Commissioners. ABSTENTIONS: Commissioners. ebruary, 2011 by the following vote: Acosta, Alderete, Gartner, Mill, Nalle, Turner, Yrarrazaval (7) None (0) None (0) None (0) !~ ` ` ,' // Eric derete Chairman ~J APPROVED AS TO FORM: Joseph Sfraka, City Attorney • `~ u CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2011-01 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on February 28, 2011. Date: ~-~~- L/ , '~~ Y~i'C~~~`~ ~z,/ ~~ Planning mission Se City of Santa Ana • Conditions for Approval for Variance No. 2011-01 Should the Planning Commission approve Variance No. 2011-01, the approval is 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 California Building Standards Code, and all other applicable regulations. The applicant must comply in full with each and every condition listed below rip Or t0 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 irr the revocation of the variance. A. Planning Division 1. All proposed improvements must conform to the Site Plan Review approval of DP No. 2010-39 and the staff report exhibits. 2. Any amendment to this variance must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the variance must be amended. • 3. Landscaping, once installed, shall be maintained per the approved landscape plan. After project occupancy, landscaping is to be maintained to include the minimum level of plant materials installed at the time of occupancy and per the approved plan. 4. Prior to issuance of a certificate of occupancy, the parking lot needs to be repaired and repaved per city standards. 5. The required trees shall be upgraded to 36-inch boxed size and shrubs shall be upgraded to 5-gallon size throughout the project. 6. Vine pockets are required to be added along the south property line abutting Armstrong Garden Center. 7. The roofing materials for the building shall be made of lightweight concrete tiles or other suitable material as approved by staff. The exact material shall be submitted to the Planning Division for approval. (Modified by Planning Commission on February 28, 2011) Exhibit A L~ • B. Police Department The existing building and parking lot must conform with the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing projects lighting, door/window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. • •