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HomeMy WebLinkAbout20091125_2009-14_1003SBristolSt111 J RESOLUTION NO. 2009-14 bk:11/13/09 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA ADOPTING MINOR EXCEPTION NO. 2009-05 TO PERMIT A TWO FOOT FIVE INCH REDUCTION IN THE SIDE YARD SETBACK REQUIREMENT FOR THE COMPLEX LOCATED AT 1003 SOUTH BRISTOL STREET ~J BE IT RESOLVED BY THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Zoning Administrator of the City of Santa Ana hereby finds, determines and declares as follows: A. The project consists of the construction of a new 4,187 square foot multi tenant retail building. In order to construct the new building, the applicant is proposing to demolish the existing retail building and single family residence currently found on the site. The applicant is proposing to comply with design requirement as it creates a welcoming entrance to the restaurant and a visual terminus for building. B. In order to maintain the economic viability of the restaurant, the applicant and the City's Public Works Agency need to maintain the size of the current restaurant, which is approximately 1,000 square feet. In order to maintain the equivalent size unit and to comply with the minimum dimension for the chamfered face, the architect is proposing to extend a triangular section of the building approximately 12 square feet in area (two feet, five inches) into the required setback. C. Minor Exception No. 2009-05 came before the Zoning Administrator of the City of Santa Ana for a public hearing on November 25, 2009. D. The Bristol Specific Plan would bar the proposed development because it does not maintain the requirement that all building corners facing an intersection to be chamfered with the chamfered face not less than 15 feet. E. Santa Ana Municipal Code Section 41-638.1 authorizes the Zoning Administrator to grant a minor exception 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. 2009-14 Page 1 of 5 • Special circumstances apply to the subject site that necessitates an encroachment into required setback for the project. As a result of the Bristol Street widening project, the site is shallow, requiring the building to be narrow and long. The additional requirement to chamfer the corner of the building makes the narrow portion of the building too narrow to be usable and the suite too small to be economically viable. In order to create additional depth to the building, the applicant proposes to extend the chamfered corner beyond the building facade into to setback. Therefore, due to the shape of the site, the strict application of the code would preclude the owner from replacing the building with one of equal size. 2. That the granting of a minor exception is necessary for the preservation and enjoyment of one or more substantial property right. The approval of this minor exception will allow the property owner to construct a replacement building with a restaurant of the approximate same size as the one currently on the site. • 3. That the granting of a minor exception will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of the minor exception to encroach into the required setback will not be detrimental to the public welfare or injurious to the surrounding properties. An eight-foot tall sound wall will be constructed that visually and physically separates this building from the adjacent residential uses. The wall will extend to the edge of the street, encroaching into the setback and creating a distinct separation between uses. 4. That the granting of the minor exception will not adversely affect the General Plan of the City. The granting of the minor exception will not adversely affect the General Plan of the City as the development will be consistent with the goals and policies expressed in that document. Goal 2 of the Land Use Element is to promote land uses which will enhance the City's economic and fiscal viability. Policies 2.7, 2.8, 2.9 and 2.10 state: Support • projects that contribute to the redevelopment and revitalization of the central city urban areas; Promote Resolution No. 2009-14 Page 2 of 5 • rehabilitation of commercial properties, and encourage increased levels of capital investments; Support developments that create a business environment that is safe and attractive; Support new developments which is harmonious in scale and character with existing development in the area, respectively. F. In accordance with the California Environmental Quality Act, the proposed project is exempt from CEQA review per Section 15302. The Class 2 exemption allows replacement or reconstruction of a commercial structure with a new structure of substantially the same size, purpose and capacity. Environmental Review No. 2009-65 will be filed for this project. Section 2. The Zoning Administrator of the City of Santa Ana hereby, approves Minor Exception No. 2009-05 as conditioned in Exhibit A attached hereto and incorporated herein. This decision is based upon the evidence submitted at the abovesaid hearing, which includes but not is not limited to the Request for Zoning Administrator Action dated November 25, 2009 and the exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. • ADOPTED this 25th day of November, 2009 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney ~~ ~. By: Attorney • Resolution No. 2009-14 Page 3 of 5 • • • CERTIFICATE OF ATTESTATION AND ORIGINALITY I, JOCELYN MAGALONA, Clerk of the Zoning Administrator, do hereby attest to and certify the attached Resolution No. 2009-14 to be the original resolution adopted by the Zoning Administrator of the City of Santa Ana on November 25. 2009. Date: ~ /~ ~^ Clerk of the oning Administrator City of Santa Ana Resolution No. 2009-14 Page 4 of 5 • Conditions for Approval for Minor Exception No. 2009-05 Minor Exception No. 2009-05 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 rip or to exercising the rights conferred by this minor exception. The applicant must remain in compliance with all conditions listed below throughout the life of the minor exception. Failure to comply with each and every condition may result in the revocation of the minor exception. A. Planning Division 1. All proposed site improvements must conform to the Site Plan Review approval of DP No. 2009-15. 2. Any amendment to this minor exception must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the minor exception must be amended. 3. An easement to ensure that egress and ingress, four parking stalls, the trash enclosure and the loading area are available to the subject site shall be recorded prior to the issuance of building permits. 4. A lot merger shall be recorded prior to the issuance of the building permit. 5. A temporary fence plan that secures the residence to the east during construction shall be approved by the Planning Division prior to the issuance of the Building Permit. 6. No music or noise shall be audible beyond the outdoor patio area. 7. Prior to the issuance of the Certificate of Occupancy, provide a fence around the outdoor eating area as approved by the Planning Division. • Exhibit A Resolution No. 2009-14 Page 5 of 5