HomeMy WebLinkAbout20120924_2012-10_2702NBristol•
ROH - 09/24/12
RESOLUTION NO. 2012-10
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING VARIANCE NO.
2012-07 AS CONDITIONED TO REDUCE THE REQUIRED
SETBACKS FOR THE PROPERTY LOCATED AT 2702
NORTH BRISTOL 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. Applicant is requesting approval of Variance No. 2012-07 to allow a
reduction in landscaped setbacks for a new commercial building at 2702
North Bristol Street.
B. Variance Nos. 2012-07 came before the Planning Commission of the City
of Santa Ana for a duly noticed public hearing on September 24, 2012, to
• consider all testimony, written and oral.
C. Variance No. 2012-07 has been filed with the City of Santa Ana seeking to
allow a commercial building to encroach into the required 15-foot front yard
and corner lot side yard landscaped setbacks.
D. Section 41-368 of the Santa Ana Municipal Code requires a fifteen (15) foot
front yard setback in the C1 district. Section 41-369 of the Santa Ana
Municipal Code requires a fifteen (15) foot setback for side yards adjacent
to a street on corner lots in the C1 district. Section 41-372(a) of the Santa
Ana Municipal Code requires a fifteen (15) foot landscaped setback along
any property line abutting a street in the C1 district.
E. The project abuts the corner of Bristol Street and Memory Lane. The
building will have a five (5) foot setback along Bristol Street (after an eight
(8) foot dedication for street widening purposes) and an eight (8) foot
setback along Memory Lane. The applicant is requesting approval to allow
the reduced setback to remain as proposed, which would require the
approval of a variance from Santa Ana Municipal Code sections 41-368, 41-
369, and 41-372(a).
F. Santa Ana Municipal Code Section 41-638 authorizes the Planning
Commission to grant a variance upon making certain findings.
Resolution No. 2012-10
Page 1 of 6
• 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 property has a deed restriction
on the northwest section of the site that grants a vehicular
easement to the adjacent apartment complex in perpetuity.
This restriction on the property severely limits the use of the
site, affects the on-site vehicular circulation system, and
restricts the placement of the building. Further, the site is
located at an intersection of two major arterial streets, is in
close proximity to a heavily utilized bus stop and is in an area
that contains a large volume of pedestrian traffic. The
shifting of the building closer to the street is necessary to
allow development of the site and encourage pedestrian
accessibility. Also, the reduced setback will improve
vehicular and pedestrian to the site.
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.
Allowing the building to be constructed with a reduced
setback will allow the owner the ability to construct a new
commercial bank building on a vacant parcel of land.
Shifting the building to comply with the setback standard
would significantly reduce the feasibility of the proposed use
of the building, which impacts the property rights of the
owners.
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 detrimental to the
public or surrounding properties as the building and site have
been designed to comply with all applicable development
standards except for the landscaped setbacks. The new
building and related site improvements such as new
landscaping will enhance this property as well as the
surrounding properties. Finally, the proposed building will
not generate operational impacts to surrounding properties.
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Resolution No. 2012-10
Page 2 of 6
• 4. That the granting of a variance will not adversely affect the General
Plan of the City.
The project will not adversely affect the general plan as the
proposed bank use is a permitted use in the General
Commercial land use designation. In addition, the project is
consistent with several goals and policies of the General Plan.
Policy 1.10 encourages the location of commercial uses at
arterial roadway intersections in commercial districts, Policy
2.2 supports commercial land uses in adequate amounts to
accommodate the City's needs for services, Policy 2.4
supports pedestrian access between commercial uses and
residential neighborhoods which are in close proximity, and
Policy 2.10 supports new development which is harmonious
in scale and character with existing development in the area.
G. In accordance with the California Environmental Quality Act, the proposed
project is exempt from further review pursuant to Section 15303. This
Class 3 exemption allows the construction of new structures up to 10,000
square feet in an urbanized area. Categorical Exemption Environmental
Review No. 2012-6 will be filed for this project.
Section 2. The Planning Commission, after conducting the public hearing, hereby
• approves Variance No. 2012-07, as conditioned in Exhibit "A" attached hereto and
incorporated herein, to allow a reduction in landscaped setbacks for a new commercial
building at 2702 North Bristol Street. 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 September 24, 2012, and exhibits attached
thereto; and the public testimony, all of which are incorporated herein by this reference.
ADOPTED this 24th day of September, 2012.
AYES: Commissioners:
NOES: Commissioners:
Acosta, Alderete,
Yrarrazaval (7)
None (0)
Gartner, Mill, Nalle, Turner,
ABSENT: Commissioners: None (0)
ABSTENTIONS: Commissioners: None (0)
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Resolution No. 2012-10
Page 3 of 6
APPROVED AS TO FORM:
Sonia R. Carv~{ho, City Attorney
By:!
Ryan
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARTHA RAMIREZ, Secretary of the Planning Commission, do hereby attest to and
certify the attached Resolution No. 2012-10 to be the original
resolution adopted by the Planning Commission of the City of Santa Ana on
September 24, 2012 .
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Date: ~U - % ~~ ~7 ~i,~ ~~/~!L-:~~~ 1~7
• Secretary of the Plai Wing Com 'ssirrn o~
City of Santa Ana
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Resolution No. 2012-10
Page 4 of 6
Conditions for Approval for Variance No. 2012-07
Should the Planning Commission approve Variance No. 2012-07, 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 Califomia 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 np 'or 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. 2012-2 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. Prior to submittal into building plan check, a detailed landscape plan
{working drawings) shall be submitted to staff for review. The plan shall note
that trees will not be planted immediately adjacent to the multi-family
residential buildings (added by Planning Commission on September 24,
2092)
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 required trees shall be upgraded to 24-inch boxed size and shrubs
shall be upgraded to 5-gallon size throughout the project.
6. Vine pockets are required to be added to the block wall that is located on
the north and west property lines.
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
Resolution No. 2012-10
Page 5 of 6
• to current code standards. Lighting standards cannot be located in required
landscape planters and must incomorate shields to prevent light intrusion
on the adjacent multi-family residential buildings (added by Planning
Commission on September 24, 2012).
2. Signs shall be posted on the gropertv prohibiting overnight parking.
(added by Planning Commission on September 24, 2012).
Resolution No. 2012-10
Page 6 of 6