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Home My WebLink About31A - VARIANCE - REDUCTION OF LANDSCAPE 1901 N TUSTINREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 21, 2011 TITLE: VARIANCE NO. 2011-01 TO ALLOW A REDUCTION IN LANDSCAPED SETBACKS FOR A NEW MEDICAL OFFICE BUILDING AT 1901 NORTH TUSTIN AVENUE - PARAGOLD LP, APPLICANT J? ,? CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 1s' Reading ? Ordinance on 2" d Reading ? Implementing Resolution ? Set Public Hearing For_ CONTINUED TO FILE NUMBER Receive and file the staff report approving Variance No. 2011-01 as conditioned. PLANNING COMMISSION ACTION On February 28, 2011, the Planning Commission adopted a resolution approving Variance No. 2011- 01 as conditioned by a vote of 7:0 to allow an existing building to encroach into the required landscaped setbacks for a new medical office building at 1901 North Tustin Avenue located in the Community Commercial (Cl) zoning district (Exhibit A). The Planning Commission modified Condition No. 7 to allow the applicant the ability to submit an alternate roofing material to the Planning Division for approval. FISCAL IMPACT There is no fiscal impact associated with this action. ,14y 1. Trevino Executive Director Planning & Building Agency VF:rb vt\reports\VAs\VA11-01 1901 Tustin.cc Exhibit: A. Planning Commission Staff Report 31A-1 31A-2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: FEBRUARY 28, 2011 TITLE: PUBLIC HEARING - VARIANCE NO.2011-01 TO ALLOW A REDUCTION IN LANDSCAPED SETBACKS FOR A NEW MEDICAL OFFICE BUILDING AT 1901 NORTH TUSTIN AVENUE Prepared by Vince Fregoso Executive Director PLANNING COMMISSION SECRETARY APPROVED ? As Recommended ? As Amended ? Set Public Hearing For DENIED ? Applicant's Request ? Staff Recommendation CONTINUED TO Va A 1AA_ Planning Manager RECOMMENDED ACTION Adopt a resolution approving Variance No. 2011-01 as conditioned. DISCUSSION Request of the Applicant Raymond Schofield of Miller Architects, representing Paragold LP, is requesting approval of a variance in order to allow an existing building to encroach into the required landscaped setbacks. Specifically, the applicant is requesting approval of a variance from Sections 41-368 and 41-369 of the Santa Ana Municipal Code (SAMC), which requires a 15 foot landscaped setback along any street frontage. Project Location and Site Description The subject property is located at 1901 North Tustin Avenue. The site is approximately 0.68 acres in size, rectangular in shape and contains a vacant, 6,462 square foot structure. The existing setback along Tustin Avenue varies from eight to 20 feet and from five to 11 feet along Lenita Lane. The property fronts the Tustin Avenue frontage road and is located on the southeast corner of the frontage road and Lenita Lane. The site is surrounded by a combination of commercial and multi- family residential uses to the north, commercial and vacant land to the south, multi-family residential uses to the east and commercial and office uses to the west (Exhibits 1 and 2). Project Description The proposed project consists of an extensive remodel and rehabilitation of the site and vacant office building into a new medical office facility. The building exterior will be modified to include the replacement of damaged stucco, new wood siding and brick veneer, a new window fagade, the Exhibit A MA-1 Variance No. 2011-01 February 28, 2011 Page 2 reroofing of the entire structure, the addition of green screen trellises, a trellis system over the building entrance and the repainting of the entire building. Site improvements will consist of the closure of the westernmost driveway on Lenita Lane, the removal of existing landscaping and the planting of new landscaping, the repairing and repaving of the parking lot and new site lighting. Improvements to the interior of the building will also be made and will include new non-bearing walls to create new exam and office space for the medical facility, new restrooms, upgrades to make the building ADA accessible, new flooring and paint. Once completed, the project will convey a sense of quality that is appropriate for an office use and satisfies the design standards set forth in the Urban Design Element and the Citywide Design Guidelines (Exhibits 3, 4, 5 and 6). Access to the project will be provided from both Tustin Avenue and Lenita Lane. The parking requirement for medical office buildings is six spaces per 1,000 square feet of building (Sec. 41- 1346). A total of 40 parking spaces will be provided on-site which is in compliance with the code. Project Background The building was constructed in 1962 and was occupied by the Automobile Club of Southern California (AAA) until 1999. At the time of its construction the building complied with all development standards then in place. 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 building is in compliance with all other development standards. In 2004, the Bagel Me Corporation submitted plans, and received approval, for a variance and minor exception. The variance was to allow a reduction in setbacks for the building, while the minor exception granted a reduction in parking for a restaurant use. Bagel Me had intended to open a 5,100 square foot Bagel Me restaurant while subleasing the remaining 1,400 square feet to an office use. However, in late 2005, Bagel Me decided not to move forward with their project and withdrew their applications. The building has remained vacant since 1999. General Plan and Zonina Analysis The General Plan land use designation for the site is General Commercial (GC), which allows for commercial and office uses. General Commercial Districts are primarily located on commercial corridors and major arterial roadways in the City. They provide accessible commercial development along the City's arterials as well as provide support facilities and services, including office, restaurants and various other services. The project is consistent with this General Plan land use designation. The subject site is located in the Community Commercial (Cl) zoning district. The C1 zone is a general commercial zone that allows for office uses such as the proposed medical facility. The proposed use is also consistent with the zoning. However, due to noncompliance with the setback standards, the project is legal nonconforming with current development standards. 31A-4 Variance No. 2011-01 February 28, 2011 Page 3 Proilect Analysis Variance requests are governed by Section 41-638 of the SAMC. Variance requests may be granted when it can be shown that the following can be established: • That there exists a special circumstance related to the property, such as size, shape, topography, location or surroundings. • That the granting of the variance is necessary for the preservation and enjoyment of substantial property rights. • That the granting of the variance will not be detrimental to the public or surrounding property. • That the granting of the variance will not adversely affect the General Plan. If these findings can be made, then it is appropriate to grant the variance. Conversely, the inability to make these findings would result in a denial. Using this information, staff has prepared the following analysis, which forms the basis for the recommendation contained in this report. In the case of proposed projects that are located on sites or in buildings considered to be legally non- conforming according to Article VI of the Zoning Ordinance, the project analysis begins with an assessment of the degree to which the proposed project triggers the need to bring such non- conforming aspects of the site into conformance with current standards. Regarding this project, Section 41-683 of the Santa Ana Municipal Code (SAMC) states that if a nonconforming building is vacant, unused or unoccupied for 12 consecutive months, any subsequent use must conform to current development standards, including setbacks. As this particular building has been vacant for over 10 years, the medical office would not be able to occupy the building until the entire site complies with current code requirements, or a variance is approved for those items which do not meet the current standards. In this case the C1 zone requires a front yard setback of not less than 15 feet (Sec. 41-368). When this front yard area abuts a street, as it does in this case, the area is also required to have 15 feet of landscaping (Sec. 41-372). The building has an existing front yard setback of eight feet at the narrowest point along Tustin Avenue and five feet at the narrowest corner along Lenita Lane. The applicant is requesting to allow the existing setback to remain at its current dimension, which would require the approval of a variance from the code discussed above. In analyzing the variance request staff must be able to show that findings can be made that support the criteria listed above. 31A-5 Variance No. 2011-01 February 28, 2011 Page 4 • The project site has a special circumstance related to its size, shape and location. The property is located on a road whose realignment cut into the original front yard setback thereby causing it to be non-compliant. 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. • The granting of the variance is necessary for the preservation and enjoyment of substantial 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 will not be detrimental to the public or surrounding properties as the building and site is proposed to be rehabilitated to comply with all applicable development standards except for the front and side yard setback requirements. • Finally, the project will not adversely affect the general plan as the proposed medical use is a permitted use in the General Commercial land use designation. To minimize the effects of the reduced setback, the interior and exterior of the site will be upgraded. Further, the existing parking lot will be reconfigured to close the westernmost driveway on Lenita Lane, which will improve on-site circulation and provide additional landscaping. This improvement will make the parking lot comply with both the current setback standard as well as the landscaping standard. The applicant will be removing dead landscaping and will install new landscaping materials within the front and side yard setback areas as well as within all parking lot landscape planters. It is recommended that the required trees be upgraded to a 36-inch box size and shrubs to a 5-gallon size throughout the project to compensate for the reduction in required setbacks. Public Notification The project site is not located within a neighborhood association, but is on the border of the Meredith Parkwood Neighborhood Association. The contact of this Neighborhood Association was notified by mail 10 days prior to this public hearing. The project site itself was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to 85 property owners within 500 feet of the project site, as well as concerned citizens listed on the Permanent Notification List. At the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. 31A-6 Variance No. 2011-01 February 28, 2011 Page 5 CEQA Analvsis In accordance with the California Environmental Quality Act, the proposed project 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. Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Variance No. 2011-01 as conditioned. Vince Frego , AIC Principal Plan VF Jm AreportsWastVA11-01 1901 Tustin.022811.pc Attachments: Exhibit 1 - General Vicinity Map Exhibit 2 - Site Plan Exhibit 3 - Floor Plan Exhibit 4 - Colored Building Elevations Exhibit 5 - Colored Building Elevations Exhibit 6 - Landscape Plan 31A-7 1'J I R4 Rl Rl 1 Al II 11 Rl 60-A 1-7200 < R4 Z RE R4 4 R4 R1 I.mr.lo R4 R4 R1 CS Rl P ??. R4 R4 R1 -r70D - y I w tAFRI- Rl g 60 F" w ,, , T7W ?e O atop I g RZ- R4 Al C5. PRD E eDRl?mo Al C 8 walr I 1.1 W-pt• 1 Al +r Cl ggg ay R1 Al 60 R1.17Dp R1 N3 R3 R R1 Al R R - 6"17106 -- SD-52 1 City or Tustin O Rl CS y' r Al Rl + Al ? Cl R3 jA1 R RI-A00 R4 R1 ._ g Al R1.7200 I e R4 R1 C1 Rta160 -,.r Al RV PIIWLI„1 S? Rl-B RI-B - I Al C1 CS P CS C5 C2 CS --- ? CS qi C5 ?I CS 2 C1 R4 I C1 I C5 i R1 I 1 R1-6 R1-B I _. ,slR _. Rl Rt S i i I- I,-, w 1 R4 R4-PRD R1 R, D 1 > R' n-TI -I -?=a_ i- ?? P ty C R4 ±r=-1 lr=-r-" k Rl E, Rl R1 III RD I D al rl ri 11 Rl P I it ?h RI R1 Rl I I WO ? ,w II?_ ll-? Al GENERAL AGRICULTURALt CR COMMERCIAL RESIDENTIAL R1 SINGLE FAMILY RESIDENTIAL -6 PARIONG MODIFICATION GC GOVERNMENT CENTER R2 TWO FAMILY RESIDENCE C-SM COMMERCIAL SOUTH MAIN M1 LIGHT INDUSTRIAL R3 MULTIPLE DENSITY MULTIPLE C, COMMUNITY COMMERCIAL M2 HEAVY INDUSTRIAL FAMILY RESIDENCE CI-MD COMM. COMMERCIALMIUSEUM DISTRICT MO MILITARY OPERATIONS R4 SUBURBAN APARTMENTS C2 GENERAL COMMERCIAL 0 OPEN SPACE RE RESIDENTIAL ESTATE C3 CENTRAL BUSINESS P PROFESSIONAL SO SPECIFIC DEVELOPMENT C3-A CENTRAL BUSINESS-ARDST VILLAGE PCD PLANNED COMMUNITY DEVELOPMENT SP SPECIFIC PLAN CA PLANNED SHOPPING CENTER PRD PLANNED RESIDENTIAL DEVELOPMENT C5 ARTERIAL COMMERCIAL VA 2011-1 SANTA ANA MEDICAL OFFICES 1901 NORTH TUSTIN AVENUE - - 500 FEET I-= 1000 FEET P L A N N I N G A N D B U I L D I N G A G E N C Y EXHIBIT 1 31A-8 n 3 3 COND05 a O z n O y APARTMENTS m O 2 L r 7D O N N O D z 0 r tA LENITA LANE z PROJECT SITE n m O APARTMENTS o > D 7 m 2 m ? r z COMMERCIAL C ri (n s m 7 - ? r / m 9 2? -1 VACANT r VACANT VACANT VA 2011-1 SANTA ANA MEDICAL OFFICES 1901 NORTH TUSTIN AVENUE P L A N N I N G A N D B U I L D I N G A G E N C Y EXHIBIT 2 31A-9 V3111W, v all 4 n z ?. ? ? g ? ?I4®®4®®4 LYCtrLYY{08:3NOLId ? 9? ? in Ywv>Iaiaa or+wY ea 17v1N°? c LLYLY V?'OMGW H O £ 2 0 +I Y3NVIALT/1W60N 'M n1 R ?? w •d'I 01098Vd m o Uj Z D LY tac-YYC:Nw .. E a - ? N N a E SsIZY YINUpiITJ VW VIW6 • E Q E •r vNusnL'N LWI C ?+ C Q 1VO103YY VNV V1NVS o a d'l 010O el o g m ai p S 5 ?. lip 1?a Wee tree° SF L? z I? b y? ?? 41 >e?`?II it ;i? 8f ;idi 1219 c i q C r t ? EXHIBIT 3 Page 1 of 2 vlml f W n wtu+d wnullur Nw+n e I oL'. nNp M ®uuY I ? PS Oi Wc?/LI ]eY rw I bo ui4?nrwe y+nfNEwoLtm? rm M rwL voaw wsM»ibu a+LrwiroNl ]w aM 31 A-10 a3111w i? ad??§ .dNYla113l ?JNIMM ao:t?Y,.NOo ? m iIILB'1r0'OW WINY3y NYS p ,? ! S = E Q bIIi 9 t It / 3M AL?Ylld9(NI'µ pl w ^ 8 E i f ?i ? lo-za?'Ndv o E d o J E O "" 90!26 YINtlOiIlYO VaYvI rs O > Ip Q j Y e ' a g C a -MW NIML N 1061 t LL C Q Ib0I03W VNV ` INVS . - l m a m d - M o ?F®®4 ' OlOJ2idd =° o o N N 9J tiJ o 9J r___? I i I ?lJ ? _ _ 4 _? jg ? gg !a? FIE oY.:a u»s n IIYwa rwar.Y - -, I - -.. - I. ar - A, a..Y 1 al's-ui-r ylvY anrilbTeYnnl Yiw rM raR vmr wwWkuiou a?MOm?Ax'rw aro 31A-1 1 0 u I.. z Q J W H 0 T M Z Q J L L L 7 c a- O ) fh Jo CY) z (fJ ir O ?JU < oo z (Do Wf- Ir <Z ?W < z ZQ Qz Q? Zz rr< VQr3 vI r wr W J ON EXHIBIT 4 1 A-12 f 9 r u m Z O Q W llf EXHIBIT 5 0 T u 10 co z O Q w J W F- O 0 D O Jp" Q OC z 0 ?Jo JQ 0 Z< (!)w oc Q w CL ? Q Z W ZQ Qz F- QS z z Q? T m? c W J r O W w J Z g a E 0 rs VV?? a c y _..._... ...... 7S roioA S 4 S ? u ' ?e n _ ? m .. 5 ?.? 7 p i 2 ? ?o t b _ A z ems" - ? $a inJ J,• If C.- ¢ _a02 gg 3 2 8 3 Y s € r x a` _... 'Ny Ulixl $ I - '?%? \\` U u p d Ol p. ?e s i .. gg Poa z< i W C J Z !I W ? I ti g ? a W 0- o Q 0 N r:3 z 0) Q a ? J Z >° ?i Q a i ? ~ U N ? W H On <C? H Q w ?T Z O Z < M ozz s? II _ x i OH - 02/28/11 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. 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 31 A-15 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 substantial 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 (Cl) 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 fagade, 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. 31 A-16 E. In accordance with recommended action 15061(b)(3), which is have no possibility o Categorical Exemption this project. the California Environmental Quality Act, the s exempt from further review pursuant to Section a general rule exemption applying to projects that having a significant effect on the environment. Environmental Review No. 2010-121 will be filed for 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 February, 2011 by the following vote: AYES: Commissioners: Acosta, Alderete, Gartner, Mill, Nalle, Turner, Yrarrazaval (7) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: None (0) Eric Alderete Chairman APPROVED AS TO FORM: Joseph Straka, City Attorney By: Ryan O. Hodge Assistant City Attorney 31 A-17 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: Planning Commission Secretary City of Santa Ana 31 A-18 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 prior 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. 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 31 A-19 B. Police Department 1. 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. 31A-20