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HomeMy WebLinkAboutRESO 2015-38_1330ESeventeenth VALS 11.2.15 RESOLUTION NO. 2015 -38 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2015 -09, AS CONDITIONED, TO A REDUCTION IN REQUIRED PARKING AT 1330 EAST SEVENTEENTH 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. 2015 -09 to allow for a 21 percent reduction in required parking at 1330 East Seventeenth Street. B. Pursuant to Article XV of the Santa Ana Municipal Code (SAMC), the number of parking spaces required for each use shall be determined separately. C. Variance No. 2015 -09 came before the Planning Commission on November 9, 2015, for a duly noticed public hearing. Variance No. 2015- 09 would allow a parking variance of 118 spaces or a 21 percent reduction in required parking as part of the construction of two commercial buildings to be located at 1330 East Seventeenth Street. D. The Planning Commission determines that for Variance No. 2015 -09 the following findings, which must be established pursuant to Santa Ana Municipal Code Section 41 -638 in order to grant a variance from the provision of the Santa Ana Municipal Code, have been established: 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 provision of this chapter. The project site has a special circumstance related to its location and surroundings. The proposed structures are located within a built out development site on Seventeenth Street and Grand avenue that is surrounded by commercial and residential uses. Due to its location, there is no feasible option for providing additional parking for the new uses. In addition, the parking analysis prepared by Kunzman Associates, Inc. has determined that sufficient parking will be Resolution No. 2015 -38 Page 1 of 5 provided for the project by evaluating the existing shopping center usage during peak periods. The study concluded that even under peak demand, a minimum of 220 parking spaces will be available within the shopping center. In addition, the proposed development will only result in a net increase of 200 square feet following the demolition of the existing commercial building. 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 establish buildings with uses that will identify the site as an economically viable development. Further, the reduction in parking will provide flexibility of leasing options that would support Policy 2.7 and policy 5.7 of the Land Use Element of the General Plan which promotes rehabilitation of commercial properties and encourages increased levels of investment while anticipating that intensity of new development does not exceed available capacity. 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 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 both the proposed retail and restaurant pad with drive - through service and proposed banking center are both in conformance with City development standards for commercial uses and are Resolution No. 2015 -38 Page 2 of 5 consistent with the General Commercial (GC) General Plan land use designation. E. In accordance with the California Environmental Quality Act the recommended action is exempt from further review per Section 15303. The project is exempt from further review pursuant to Section 15303. The Section 15303 (Class 3) exemption consists of the construction of small structures. The proposal involves the demolition of an existing 9,100 square foot building and construction of two new commercial buildings totaling 9,300 square feet which is under the 10,000 square foot threshold for this exemption. Categorical Exemption Environmental Review No. 2014 -160 will be filed for this project. Section 2. The applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the project, including, without limitation, any environmental review or approval, except to the extent caused by the negligence of the City of Santa Ana. Section 3. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Variance No. 2015 -09 for 1330 East Seventeenth Street 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 is not limited to: the Staff reports and exhibits attached thereto; and, the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 9" day of November, 2015. AYES: Commissioners: Alderete, Bacerra, Bauer, Gartner, Mill, Nalle (6) NOES: Commissioners: None (0) ABSENT: Commissioners: Verino (1) ABSTENTIONS: Commissioners: None (0) Resolution No. 2015 -38 Page 3 of 5 ,,, e Gartner Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, KAREN GERARDO, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2015 -38 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on November 9, 2015. Date: Planning Commission Secretary City of Santa Ana Resolution No. 2015 -38 Page 4 of 5 EXHIBIT A Conditions of Approval for Variance No. 2015 -09 Variance No. 2015 -09 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 approval. 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. The project shall remain in compliance with Development Project Review No. 2014 -54 and staff report exhibits. 2. Parking reduction may not exceed 21 percent (493 parking spaces). 3. Submit a revised sign program for the shopping center in compliance with Chapter 41 of the Santa Ana Municipal Code. 4. A lot line adjustment shall be recorded for the removal of existing lot lines located below any proposed buildings. 5. All parking lot lighting to include all rear building loading and drive aisles must be upgraded to current code standards as required by Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). All lighting should be installed or adjusted to avoid spillover and glare impacts onto adjoining properties. 6. The operator /owner shall remove any graffiti occurring on the premises within 24 hours. 7. The property owner shall install and maintain bicycle parking as required by Section 41- 1307.1 of the Santa Ana Municipal Code. Resolution No. 2015 -38 Page 5 of 5