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Home My WebLink About31E - VARIANCE - 5105 W 1ST STREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 18, 2016 TITLE; VARIANCE NO. 2016-02 TO ALLOW A REDUCTION IN STREET FRONTAGE FOR A NEW COMMERCIAL BUILDING AT 5106 WEST FIRST STREET - GEORGE BEHNAM, APPLICANT (STRATEGIC PLAN NO. 3,2) CITY M A R RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ,-,-e ;r ❑ As Recommended ❑ As Amended ❑ Ordinance on I" Readin ❑ Ordinance on 2tl0 Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving Variance No. 2016 -02 as conditioned. PLANNING C9MMISSiON ACTION At its regular meeting on March 28, 2016 by a vote of 6:0 (Gartner absent), the Planning Commission adopted a resolution approving Variance No, 2016 -02 as conditioned to allow the reduction in street frontage for a new commercial building at 5105 West First Street located in the General Commercial (C-2) zoning district, The Planning Commission made no changes to the recommendation outlined in the attached staff report (Exhibit A). The applicant Is proposing to demolish an existing 3,400- square -foot industrial building and construct a two- story, 7,604-square-foot commercial center. The ground floor will consist of 4,695 square feet of floor area that will be divided Into two different uses, retail uses encompassing 3,200 square feet of floor area and medical offices encompassing 1,495 square feet of floor area, The second level will consist of approximately 2,969 square feet that will be devoted to professional and business office uses. The project will be in compliance with all applicable development standards with the exception of the minimum street frontage standard, The architectural design of the building is contemporary, with a combination of smooth stucco finishes, metal roofs, metal louvers, decorative reveals and upgraded light fixtures used to convey a strong architectural theme. Full -sized plans are available for public viewing in the Clerk of the Council Office, Approval of this item supports the City's efforts to most Goal #3 - Economic [Development, Objective #2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies), 31 E -1 a April 6 Page FISCA6 IMPAC T There is no fiscal impact associated with this action, Hassan Hdghani, AICP 7, -' Executive Director Planning & Building Agency VF;rb 0 rapoiW VA 16.42 Huynh oommamW.aa 31 E -2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: MARCH 28, 2016 TITLE: PUBLIC HEARING — FILED BY GEORGE BEHNAM FOR VARIANCE NO. 2016 -02 TO ALLOW A REDUCTION IN STREET FRONTAGE FOR A NEW COMMERCIAL BUILDING AT 5105 WEST FIRST STREET {STRATEGIC PLAN NO. 3,21 Prepared by Vince Fregoso Execu e,kector iILyawtr r s �rshl PLANNING COMMISSION SECRETARY APPROVED 13 As Recommended • As Amended • Set Public Hearing For DENIED • Applicant's Request • Staff Recommendation CONTINUED TO Adopt a resolution approving Variance No. 2016 -02 as conditioned. Request of Applicant Planning Manager Mr. George Behnam, on behalf of Henry and Nam Huynh, is requesting approval of a variance from the required street frontage standard in order to allow the construction of a new two -story, 7,664 - square -foot commercial building at 5105 West First Street. Specifically, the applicant Is requesting relief from Section 41 -384 of the Santa Ana Municipal Code (SAMC), which requires all projects within a commercial zoning district to have a minimum street frontage of 120 feet. Project Location and Site Description The Huynh commercial building is proposed to be constructed on a .49 acre, rectangular shaped parcel of land located at 5105 West First Street, which is situated one parcel east of Euclid Street. The parcel currently contains a 3,400- square foot structure occupied by a manufacturing use that will be demolished to accommodate the new building. Land uses surrounding the project site include multi - family residential to the north, south and east, and an AT &T data center and commercial uses to the west and south (Exhibits 1, 2 and 3). The General Plan land use designation for the site is General Commercial (GC). This land use designation is developed with commercial uses that generate revenue for the City and support the various land uses throughout the City. The parcel is located within the General Commercial (C2) zoning district. The C2 zoning district allows commercial, retail and office uses such as the ones proposed for this project, making the proposed use consistent with the zoning designation. EXHIBIT A 31 E -3 Variance No. 2016 -02 March 28, 2016 Page 2 Proiect Description The applicant is proposing to demolish an existing 3,400- square -foot building in order to construct a two -story, 7,664 - square foot commercial center. The ground floor will consist of 4,695 square feet of floor area that will be divided into two different uses: retail uses encompassing 3,200 square feet of floor area and medical offices encompassing 1,495 square feet of floor area. The second level will consist of approximately 2,969 square feet that will be devoted to professional and business office uses. A total of 34 parking spaces are required for the office, retail and medical uses, with 34 spaces to be provided for the project. The architectural design of the building is considered to be contemporary, with a combination of smooth stucco finishes, metal roofs, metal louvers, decorative reveals and upgraded light fixtures assisting in conveying a strong architectural design concept (Exhibits 4 and 5). Prolect Anaivsis Variance requests are governed by Section 41 -638 of the SAMC. Variance requests may be granted when it can be shown that there exists a special circumstance related to the property, such as size, shape, topography, location or surroundings; that a variance is necessary for the preservation and enjoyment of substantial property rights; that a variance will not be detrimental to the public or surrounding property; or that a variance will not adversely affect the General Plan. if these findings can be made, then it is appropriate to grant the variance. Conversely, the inability to make these findings would result in a denial. Using this information, staff has prepared the following analysis, which forms the basis for the recommendation contained in this report. The applicant is proposing to obtain a variance from Section 41 -384 of the SAMC and reduce the minimum lot size from 120 feet to 90 feet and allow the development of the proposed project. After analyzing the proposal, staff is supportive of the applicant's request. The minimum street frontage requirement is intended to ensure that a commercial development has adequate street frontage to be a viable development with the potential for long -term success. It was found that many older developments that had a narrower street frontage were less successful, had extensive tenant turnover and a high vacancy rate due to minimal street visibility. This resulted in development sites that were not maintained and generated an excessive amount of code enforcement contacts. To address this concern, the commercial development standards were amended to require a minimum street frontage. The project site faces unique challenges created by its locational circumstances. The site shares its western property line with an AT &T data center and its eastern property line with a 35 -unit condominium complex. Both of those developments are well- established and have expressed no intent to relocate, making the acquisition of additional land to meet the minimum street frontage standard infeasible. Therefore, a unique circumstance exists related to the shape and location of the parcel that necessitates the granting of a variance, thereby allowing the redevelopment of an underutilized parcel of land that is located on a major arterial corridor. Further, the project will be in compliance with all other development standards for a commercial project in the General Commercial zoning district. 31 E -4 Variance No. 2016 -02 March 28, 2016 Page 3 Finally, the project will be consistent example, the project is consistent with Goal 2 (enhance the City's economic integrity of the neighborhood). Public Notification with several goals and policies of the General Plan, For Land Use Element Goal 1 (promote a balance of land uses), and fiscal viability), and Goal 3 (improve the character and The project site is located within the Riverview West Neighborhood Association. Staff has contacted the association representative to discuss the project and identify any issues related to the request. The project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter, and mailed notices were sent to all property owners and tenants within 500 feet of the project site. At the time of this printing, no correspondence, by phone, written, or electronic, has been received from any members of the public. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt for further review per Section 15061(b)(3). The general rule exemption allows projects to be exempt from CEQA if it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. As the project will be in compliance with all provision of the Municipal Code with the exception of the street frontage standard, and no adverse environmental impacts will result from the variance, it has been determined that the project will not have an effect on the environment. Statutory Exemption Environmental Review No. 2014 -110 will be filed for this project. Strategic Plan Alignment Approval of this item supports the City's efforts to meet Goal No. 3 Economic Development, Objective No. 2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies). Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Variance No. 2016 -02 as conditioned. Vincent Fregoso I Principal Planne VF:jm Orepa(W VA 16 -02 Huynh commercial.032816.pc 31 E -5 Variance No. 2016-02 March 28, 2016 Page 4 Attachments: Exhibit 1 — Vicinity Map Exhibit 2 — Location Map Exhibit 3 — Site Photo Exhibit 4 — Site and Floor Plan Exhibit 5 — Building Elevations 31 E-6 —I Ct1V of G urde Grova AVE. L S: R7 R2 'a R7 -� "I: JER'l , - R3 R2 1 Ri R2-1 RI kt! n� Rl Al R2 R2 1= R'h RI ;RI I yl �? III _I RI 0 a ='I Al ilrnullt 1,___�I II ax LRt }I„ 1 CZj C2 T rIF51 Inns) AVE; I. y R2 -PRD ( y PROJECrSn a'I _l' .11 11 � 6 y I 1 I J M I Il. Ii~ MI CITY 1 R CI 'IL R II I II RI RbPRI rRi Rl II II II� , RI ' R2 RI it R JI 4 1 d a n I —•—�� it I1_RA R3 R RI R1 RI RI ., ill I'`- -F —� R4 () R2 Rl ni az I Rl nI — Weslnln >inr� ,.:Rl I li+l y RI Ai Al pz R2.. G In+ AI Rt Rl RI E, mrrvm r m Al CEEALACRRCULTURALI CR C%MAMEMALFiHDEMIAL R1 SNCSEFAMILYRR"IHRTIAL .B FARQNGMODIECATION CL; GOVUHMENTCDM FQ TVOFAMILYff DERCE GSM ODMMEPJALSOUTH MAIN Ml UG{TINDUSMAL m MU01PEDMOTYMULiRE Cl COMMUNITYCOMM90AL M2 NFAWINDUSRRAL. FAMILYFESDEdCE CI-MD COMM, CCMMEMAUMU831M DISRRCT MO M10TARYOPERATIONS RR SJEREA.NAFARINIMTS C2 GENIPALCOMMMAL 0 ORNGACE FE RESDDMALLWE m CWRALR1SNM P RZN"S"L R) S�mRCDevao MHVT Ct•A CSq TAL EJ9NE3EWMSTMUACi FCD PLANNE) COMMUNITYUBaOPMSRT S' S- IMFICRAN CA RANNE7 SiCFR R NGCSm FR PLANNED PODERTIAL DEMS.CFMMT CS ARCERALCOMMffCAL VA 2016 -2 l�r HUYNH COMMERCIAL BUILDING y a 5105 WEST FIRST STREET — __ =500 FEET P' =1000 FEET P L_ ANN_ I_ N G A N D B U I L D I N G A G E N C Y EXHIBIT 1 VIC?dtl�flQ71 IN L -F MILY :E R 51 E C 3RD STREET 2ND STREET V IN L w A IIL RE 3 I C E N C E :E 0 1 5 T ER MULTI FAMILY RESIDENCE IRE�SID N ELY F-- w w h w J v u� MOBILE COMM. HOME PARK I wi MOBILE HOME PARK 'W w MULTI CO MERCIAL COL' FAMILY tA RESIDENCE STREET VA 2016 -2 HUYNH COMMERCIAL BUILDING P (p 5105 WEST FIRST STREET y� P L A N N I N G A N D B U I L D I N G A G E N C Y EXISTING LAND USE MAP EXHIBIT 2 31 E -8 SI G E u FA I Y w 2i RI SI E CE 2 0 2ND STREET V IN L w A IIL RE 3 I C E N C E :E 0 1 5 T ER MULTI FAMILY RESIDENCE IRE�SID N ELY F-- w w h w J v u� MOBILE COMM. HOME PARK I wi MOBILE HOME PARK 'W w MULTI CO MERCIAL COL' FAMILY tA RESIDENCE STREET VA 2016 -2 HUYNH COMMERCIAL BUILDING P (p 5105 WEST FIRST STREET y� P L A N N I N G A N D B U I L D I N G A G E N C Y EXISTING LAND USE MAP EXHIBIT 2 31 E -8 VA 2016 -2 HUYNH COMMERCIAL BUILDING 5105 WEST FIRST STREET EXHIBIT 3 31 E -9 IiunnH naNaw aw V4 Jaia aoIdjo v lIViaa I]3fOVJ t.. a�3' 33 'J tl 1 Wy q A N WVNH3 3 9a03�J I u wl �I i I <. ,.� ...,.o,. RUN �� 1 15 � N K qr U FFN u Z N 15 /ally 'N f1�71 r1 a a a c t- a LL 131 A. VIJ M5a14 Mkr r°M1 cm cr a »ANNn lary eAvy °JNIOlU1B H01d30 g e i '. h F yy 4 0 a k• IdNhliH AaN3H'NW '8'71V13i! dS a�aroue WVNH38 AS809 E, s3 Oil n I; � I I �4 Z 7 LL e i m- i Q 7 F 6 W J '. Y It o '4 0, m. EXHIBIT 5 1 E -11 Ls 03.28.16 RESOLUTION NO.2016 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2016 -02 AS CONDITIONED TO ALLOW A REDUCTION IN STREET FRONTAGE FOR THE HUYNH COMMERCIAL BUILDING TO BE LOCATED AT 5105 WEST FIRST 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, The Applicant is requesting approval of Variance No. 2016 -02 to allow a reduction in the minimum street frontage required for a commercial development proposed at 5105 West First Street. B. Pursuant to Section 41 -373 of the Santa Ana Municipal Code (SAMC), a commercial property in the General Commercial (C2) zoning district is required to have a minimum street frontage of 120 feet. C. Variance No. 2016 -02 came before the Planning Commission of the City of Santa Ana on March 28, 2016 for a duly noticed public hearing to reduce the required street frontage to ninety (90) feet for the building to be located at 5105 West First Street. D. The Planning Commission determines that for Variance No. 2016 -02 the following findings, which must be established pursuant to Santa Ana Municipal Code (SAMC) 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 provisions of this chapter. The project site contains a special circumstance related to its size, shape and location. Due to the unique location of the site along a primary arterial street and its placement between two established land uses, the built out conditions adjacent to the parcel makes it infeasible for the applicant to obtain additional land to meet the minimum street frontage standard. Resolution No. 2016 -xx 31 E -12 Page 1 of 4 Therefore, denial of the variance would deprive the property owner the privilege of utilizing the site to its maximum potential. 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 variance would allow the property owner the opportunity to demolish an outdated building and replace it with a new commercial building with less than required street frontage. 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 minimum street frontage standard. Further, off-site improvements will be provided to address disabled accessibility issues from the public right -of -way to the site. The proposed building will blend with the surrounding buildings and will not be materially detrimental to the public welfare or injurious to surrounding property. 4. That the granting of a variance will not adversely affect the General Plan of the City. Finally, the project will not adversely affect the general plan in any way as the land use designation of General Commercial (GC) allows commercial uses such as medical office, retail and professional office uses. Further, the project will be consistent with Goals 1, 2 and 3 of the Land Use Element as the project will promote a balance of land uses, will enhance the City's economic and fiscal viability and will improve the character and integrity of the neighborhood. F. In accordance with the California Environmental Quality Act, the recommended action has been reviewed through per Environmental Review No. 2014 -110. It has been found that the project will not result in any impact on the environment and is therefore exempt by the General Rule provision of CEQA. 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 Resolution No, 2016 -xx 31 E -13 Page 2 of 4 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 hereby approves the variance for the project subject to conditions outlined in Exhibit A. 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 March 28, 2016, and exhibits attached thereto, and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 28th day of March, 2016 by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney James Gartner Chairperson Resolution No. 2016 -xx 31E-14 Page 3of4 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, ROSA BARELA, Acting Recording Secretary, do hereby attest to and certify the attached Resolution No. 2016 -xx to be the original resolution adopted by the Planning Commission of the City of Santa Ana on March 28, 2016. Date: Acting Recording Secretary City of Santa Ana Resolution No, 2016 -xx 31 E -15 Page 4of4 EXHIBIT A Conditions of Approval for Variance No. 2016 -02 Should the Planning Commission approve Variance No. 2016 -02 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 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 prior 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. 2014 -35 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. There shall be no more than 3,200 square fleet of retail space and 1,495 square feet of medical office space at any time. 4. Landscaping, once installed, shall be maintained per the approved landscape plan. 5. The site occupant shall be responsible for maintaining the premises free from graffiti, including the side of the buildings adjacent to the railroad tracks. All graffiti shall be removed within 24 hours. Resolution No. 2016 -xx 31 E -1 6 Page 5 of 5