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HomeMy WebLinkAbout2011-027 - Reduce the Required Parking for the Property Located at 1945 East Seventeeth StreetROH - 04/18/11 RESOLUTION NO. 2011-027 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2011-03 AS CONDITIONED TO REDUCE THE REQUIRED PARKING FOR THE PROPERTY LOCATED AT 1945 EAST SEVENTEENTH STREET, UNIT 103 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of Variance No. 2011-03 to reduce the required parking standards for a health club facility at 1945 East Seventeenth Street, Unit 103. B. On March 28, 2011, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council: 1. Adopt an ordinance approving Zoning Ordinance Amendment No. 2011-02. 2. Adopt a resolution approving Variance No. 2011-03 as conditioned. C. Variance No. 2011-03 came before the City Council of the City of Santa Ana for a duly noticed public hearing on April 18, 2011, to consider all testimony, written and oral. D. Variance No. 2011-03 has been filed with the City of Santa Ana seeking to reduce the required parking standards for a proposed Gold's Gym at 1945 East Seventeenth Street, Unit 103. Section 41-1375 of the Santa Ana Municipal Code requires one parking space per 28 square feet of physical activity area for the health club. E. Santa Ana Municipal Code Section 41-638 authorizes the City Council 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 the provisions of this chapter. Resolution No. 2011-027 Page 1 of 6 The project site has a special circumstance related to its size, shape and location. Due to its location, there is no feasible option for providing additional parking for the health club. The number of on-site parking spaces on the site will be sufficient to accommodate all uses as the Parking Analysis for the project has determined that a surplus of parking spaces will be provided for the project during times of peak demand. As a result, the parking variance will allow the applicant the ability to use the property in a manner that is consistent with similar surrounding commercial uses. 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. The granting of the parking variance will preserve the property owner's ability to lease the building to a use that will identify the site as an economically viable development. Policy 2.2 of the Land Use element supports commercial uses that accommodate the City's needs for goods and services. 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 the parking analysis for the project has noted that the site will have sufficient parking to accommodate the various uses during the peak parking hours. Therefore, the reduction in parking will not be detrimental to the surrounding community as it will not result in parking impacts affecting adjacent commercial or residential neighborhoods. Further, the site is in compliance with all other development standards applicable to the property. 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 health club use is consistent with Goals 1 and 2 of the Land Use Element of the General Plan. These goals encourage uses such as Gold's Gym that promote a balance of land uses to address basic community needs and which enhance the City's economic and fiscal viability. Resolution No. 2011-027 Page 2 of 6 F. 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. 2010-122 will be filed for this project. Section 2. The City Council, after conducting the public hearing, hereby approves Variance No. 2011-03 as conditioned in Exhibit "A" attached hereto and incorporated herein, to reduce the required parking standards for a health club facility at 1945 East Seventeenth Street, Unit 103. 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 March 28, 2011, and exhibits attached thereto; the Request for City Council Action dated April 18, 2011, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 2nd day of May 2011. APPROVED AS TO FORM: Joseph Straka Interim City A Stto 'I By: t R p. H'oa?e Assi tant Ci Attorney I Miguel A. Pulido 1`1? Mayor YES: Councilmembers: Alvarez, Benavides, Bustamante. Martinez, Tinaiero, Sarmiento (6) NOES: Councilmembers: None (0) ABSTAIN: Councilmembers: None (0) NOT PRESENT: Councilmembers: Pulido (1) Resolution No. 2011-027 Page 3 of 6 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2011-027 to be the original resolution adopted by the City Council of the City of Santa Ana on May 2, 2011. Date: Clerk of the Council City of Santa Ana Resolution No. 2011-027 Page 4 of 6 Conditions for Approval for Variance No. 2011-03 Variance No. 2011-03 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 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 All proposed improvements must conform to the Site Plan Review approval of DP No. 2010-40 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. Additional landscaping shall be installed along the northern and western property lines to minimize the impacts on the adjacent residential neighbors. Said landscaping shall be designed and installed subject to the approval of the Planning Division. 4. 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. 5. The north door(s) shall be kept closed at all times during the operation of the premises except in cases of emergency and to permit deliveries. Said door(s) may not consist of a screen or ventilated security door. 6. A gate shall be installed to enclose the rear parking lot. Said gate shall restrict parking to patrons beginning at 8:00 pm. Parking in the rear parking lot shall be made available to employees at all times. EXHIBIT A Resolution No. 2011-027 Page 5 of 6 B. Police Department One state licensed uniformed security guard shall be required in the rear parking lot from 8:00 p.m. until all individuals have left the business. 2. A security plan must be submitted to the Police Department at the plan check stage for approval. The plan must cover all aspects of the project's security including security personnel, surveillance/camera equipment, parking control measures, and access control hardware. The project will be required to have a minimum of one state licensed uniformed security personnel as agreed upon between the applicant and the Police Department. Alternate means and methods can be proposed that mitigate the concerns specified above with Police Department approval. Resolution No. 2011-027 Page 6 of 6