HomeMy WebLinkAbout20090617_2009-05_2302SBristolSt~J
RESOLUTION NO. 2009-05
bk:6/17/09
A RESOLUTION OF THE ZONING ADMINISTRATOR OF
THE CITY OF SANTA ANA ADOPTING MINOR
EXCEPTION NO. 2009-03 TO PERMIT A THREE PARKING
SPACE MINOR EXCEPTION FOR UNIT D OF THE
COMPLEX LOCATED AT 2302 SOUTH BRISTOL STREET
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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 applicant is requesting approval of a minor exception to allow the
expansion of an existing business located in Unit D of the site, Cancun
Juice, by a total of 392 square feet into an adjacent unit (Unit C) in order
to increase its dining area. The project consists of minor interior tenant
improvements with no proposed exterior modifications to the existing
commercial building. In addition to the expansion, the applicant is
proposing to add a 112 square foot outdoor patio area surrounded with a
36-inch high wrought iron fence along Bristol Street for patrons who
choose to eat outdoors.
B. The site contains 30 parking spaces, and the expansion would, under the
City's parking Code, require 33 parking spaces.
C. Minor Exception No. 2009-03 came before the Zoning Administrator of the
City of Santa Ana for a public hearing on June 17, 2009.
D. Santa Ana Municipal Code Section 41-1341 would bar the proposed
expansion unless 33 parking spaces could be provided. The Code has a
higher parking demand (10 spaces per 10,000 square feet) for restaurant
uses such as Cancun Juice, than for the retail use (5 spaces per 10,000
square feet) Cancun Juice is proposing to partially replace.
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E. The proposed 112 square foot outdoor patio area is exempt from any
parking requirement since it is not greater than 25 percent of the gross
floor area of the eating establishment.
F. Santa Ana Municipal Code Section 41-638.1 authorizes the Zoning
Administrator to grant a minor exception upon making certain findings.
1. That the granting of a minor exception to allow two or more
independent uses to share the required parking stalls will not result
in a conflict between parking for one use and parking for another due
to differences in time of primary utilization of parking.
Resolution No. 2009-05
Page 1 of 5
• The BristolNVarner Center is a contained site surrounded by
residential to the west and commercial to the north, south and
east. As proposed, a total parking reduction of 10 percent is
anticipated for the existing commercial site. The minor
exception process allows for a parking reduction of up to 20
percent based on the demonstration that a center with mixed
uses will have no conflict in sharing the existing parking stalls.
The parking study prepared by KOA Corporation has
determined that sufficient parking will be provided for the
project during times of peak demand. The parking study
determined that the future parking demand will be 28 parking
spaces. Additionally, a field survey was performed on
February 19, 20, and 21, 2009 at the subject site and a
maximum of 16 stalls were occupied at the peak hour. The
field survey included a 15 percent turnover in order to account
for unusual peak parking demands. As existing, the site can
easily accommodate the proposed expansion along with
existing and future retail uses.
2. That the granting of a minor exception will not substantially increase
difficulties of vehicle maneuverability or traffic congestion on the
• project site.
Based on the parking study, the existing on-site parking is
sufficient to accommodate the eating establishment
expansion. Furthermore, no additional square footage will be
constructed as part of this proposal and no parking stalls will
be removed. As existing, the site has drive aisles and
driveways which allow for excellent parking circulation.
Lastly, the site is accessed from both Bristol Street and
Warner Avenue.
G. In accordance with the California Environmental Quality Act, the recommended
action is exempt from further review per Section 15305. This Class 5
exemption allows minor alterations in land use which do not result in any
changes in land use or density. Categorical Exemption Environmental Review
No. 2008-218 will be filed for this project.
Section 2. The Zoning Administrator of the City of Santa Ana hereby,
approves Minor Exception No. 2009-03 as conditioned in Exhibit A attached hereto and
incorporated herein. This decision is based upon the evidence submitted at the
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Resolution No. 2009-05
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• abovesaid hearing, which includes but is not limited to: the Request for Zoning
Administrator Action dated June 17, 2009 and exhibits attached thereto; and the public
testimony, all of which are incorporated herein by this reference.
ADOPTED this 17th day of June, 2009
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
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By: ` ' ~~'
• Ben' Kau an
Chef sistant City Attorney
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Resolution No. 2009-05
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• CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, JOCELYN MAGALONA, Clerk of the Zoning Administrator, do hereby attest to and
certify the attached Resolution No. 2009-05 to be the original resolution adopted by the
Zoning Administrator of the City of Santa Ana on June 17. 2009.
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Date:
Clerk of the Zoning Administrator
City of Santa Ana
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Resolution No. 2009-05
Page 4 of 5
Conditions for Approval for Minor Exception No. 2009-03
Minor Exception No. 2009-03 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 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
The project shall remain in compliance with Site Plan Review DP No. 08-72.
2. The maximum parking reduction permitted on the property is ten percent
(10°10). The proposed 392 square foot eating establishment expansion shall
be limited to the areas defined by the approved floor plans.
• 3. Any amendment to this minor exception must be submitted to the Planning
Division for review. At this time, staff will determine if administrative relief is
available or the variance must be amended.
4. The proposed outdoor seating area must be surrounded with either large
potted plants or a decorative fence composed of wrought iron and pilasters
to match the commercial building. A detailed site plan shall be submitted
for review and approval by the Planning Manager.
• Exhibit A
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Resolution No. 2009-05
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