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HomeMy WebLinkAbout20130923_2013-19_2725NBristolSt• ROH - 09!23/13 RESOLUTION NO. 2013-19 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2013-11 AS CONDITIONED TO REDUCE THE REQUIRED PARKING FOR THE PROPERTY LOCATED AT 2725 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. 2013-11 to reduce the required parking standards fora health club within the Floral Park Promenade retail center located at 2725 North Bristol Street. B. Variance No. 2013-11 came before the Planning Commission of the City • of Santa Ana for a duly noticed public hearing on September 23, 2013, to consider all testimony, written and oral. C. Variance No. 2013-11 has been filed with the City of Santa Ana seeking to reduce the required parking standards set by Santa Ana Municipal Code section 41-1375. D. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission 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. The project site has a special circumstance related to its location and surroundings. The proposed use will be located within a built out development site on North Bristol Street that is surrounded by commercial and residential uses. Due to its location, there is no feasible option for providing additional parking for the health club. The number of on-site parking spaces will be sufficient as identified in the parking analysis for the project, which has determined that a surplus of parking spaces will be provided for the project, even Resolution No. 2013-19 Page 1 of 5 • 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. The tenant space that is the subject of this application has accommodated a variety of uses, including grocery markets, a pharrnacy, and miscellaneous seasonal establishments, that have been unsuccessful in remaining viable over a long- term period. The granting of the variance will allow a new type of commercial use to establish itself in the existing multi-tenant center. 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 demonstrated in the parking analysis for the project, 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 granting of the variance will allow the property owner to fill along-vacant tenant space, contributing to the vitality and success of the existing commercial center. Finally, conditions have been placed to ensure that the site be 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 project will not adversely affect the General Plan as 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 Planet Fitness that promote a • balance of land uses to address basic community needs and which enhance the City's economic and fiscal viability. In Resolution No. 2013-19 Page 2 of 5 • addition, the project is consistent with Policy 2.2 of the Land Use Element, which supports commercial uses that accommodate the City's needs for goods and services. E. 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. 2013-12 will be filed for this project. Section 2. The Planning Commission, after conducting the public hearing, hereby approves Variance No. 2013-11 as conditioned in Exhibit "A" attached hereto and incorporated herein, to reduce the required parking standards for a health club within the Floral Park Promenade retail center located at 2725 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 23, 2013, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 23rd day of September , 2013. • AYES: Commissioners: Bacerra, Crespo, Gartner, Mill, Nalle, Yrarrazaval (6) NOES: Commissioners: None (0) ABSENT: Commissioners: Alderete (1) ABSTENTIONS: Commissioners: None (0) _ ~~`~V v S H. Mill Vice Chairman APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: • Rye As; Resolution No. 2013-19 Page 3 of 5 • CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Secretary of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2013-19 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on September 23, 2013 . ~~f ` Date: /~~ ~r ~~ G/(~' ~~''~ ecr tary of the Planni mmi i n City of Santa Ana • Resolution No. 2013-19 Page 4 of 5 • Conditions for Approval for Variance No. 2013-11 Should the Planning Commission approve Variance No. 2013-11, 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 Califomia 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 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. 2013-7 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 issuance of a certificate of occupancy, the two existing, nonconforming freestanding signs on site must be removed or reconstructed in a manner that conforms to Sections 41-860 through 41-862 of the Santa Ana Municipal Code. 4. Any damaged, faded, or dilapidated wood siding, wood trellises, or paint must be restored prior to building permit issuance. B. Police Department 1. The existing tenant space and required parking must conform to 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 project's lighting, door/window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. 2. Provide a Closed Circuit Television System approved by the Police Department and capable of viewing and recording events at both the front and rear parking areas with monitoring capability from management offices at the facility. Provide a tape or disc storage library of recorded • cameras kept for a minimum of 60 days. Resolution No. 2013-19 Page 5 of 5