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HomeMy WebLinkAbout151118_ZAReso2015-03_2110SMainMM — 11/10/15 RESOLUTION NO. 2015-03 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA APPROVING MINOR EXCEPTION NO. 2015-03 AS CONDITIONED TO REDUCE THE REQUIRED PARKING TO 42 SPACES FOR THE COMMERCIAL CENTER AT THE SOUTHWEST CORNER OF ST. GERTRUDE PLACE AND MAIN STREET (SUBWAY RESTAURANT AT 2110 SOUTH MAIN STREET) 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. Applicant is requesting approval of Minor Exception No. 2015-03 to reduce the required parking standards for the Main Street and St. Gertrude Place commercial center to permit a new restaurant within the center and located at 2110 South Main Street. B. Minor Exception No. 2015-03 came before the Zoning Administrator of the City of Santa Ana for a duly noticed public hearing on November 18, 2015, to consider all testimony, written and oral. C. Minor Exception No. 2015-03 has been filed with the City of Santa Ana seeking shared parking to reduce the required parking standards set by Santa Ana Municipal Code section 41-1300. D. Santa Ana Municipal Code Section 41-638.1 authorizes the Zoning Administrator to grant a minor exception upon making certain findings. 1. That the shared use of required parking stalls between two or more independent uses 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. The parking analysis performed by the project's traffic consultant determined that, based on the current parking demand of the existing tenants, factoring in the proposed restaurant use, and conservatively assuming only single occupancy vehicle trips to the site (no carpooling or active transportation travel modes), the project will generate a demand that can adequately be served by the existing parking lot. Conditions of approval have been imposed to Resolution No. 2015-03 Page 1 of 5 ensure that the parking demand will remain constant, thus ensuring an ample supply of parking. Therefore, the minor exception will not result in parking conflicts between uses. 2. That the granting of a minor exception will not substantially increase difficulties of vehicle maneuverability or traffic congestion on the project site. As the parking demand for the commercial center is expected to be similar to the uses currently occupying the center, no additional traffic congestion is anticipated from the proposed restaurant use. Further, a review of the project by the Public Works Agency did not identify a need for any type of traffic mitigation for the restaurant and/or commercial uses. Finally, adequate traffic systems and controls are found in the vicinity of the center that will mitigate any potential impact, including traffic signals, stop signs and raised medians. Therefore, the minor exception will not increase traffic congestion or difficulties maneuvering on site. E. In accordance with the California Environmental Quality Act (CEQA), the proposed project is exempt from further review pursuant to Section 15301, which is a categorical exemption applying to projects which consist of minor alterations to existing facilities including exterior modifications and re - tenanting of an existing building. Categorical Exemption Environmental Review No. 2015-17 will be filed for this project. In support of the Categorical Exemption, the following findings have been made as referenced in CEQA, Section 15300.2: 1. Cumulative Impact. The project, along with successive projects of the same type in the same area, overtime shall not result in a cumulative impact. The parking study demonstrated that the existing parking facilities could accommodate the additional parking demand on site. Therefore, the proposed minor exception to allow shared parking at the commercial center will not result in a cumulative impact on parking in the area. 2. Significant Effect. The project shall not be used for an activity where there is reasonable possibility that the activity will have a significant effect on the environmental due to unusual circumstances. The minor exception will allow a restaurant use within an existing commercial center. The use is consistent with the commercial uses Resolution No. 2015-03 Page 2 of 5 allowed by the zoning district, and will not have any unusual or significant effect on the environment. 3. Scenic Highways. The project shall not result in damage to scenic resources, including but not limited to, trees, historic buildings, rock outcropping, or similar resources, within a highway officially designated as a state scenic highway. The project is within an existing commercial center. The restaurant use is not located on a designated state scenic highway, in a historic building or scenic resource. Therefore, there will be no damage to a scenic resource resulting from the proposed parking reduction. 4. Hazardous Waste Sited. The project shall not be located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code. The Official Hazardous Waste and Substance Site "Cortese" list was consulted and the project site is not included on any known hazardous waste site. This list is updated by the State Department of Toxic Substances and reflects all available information on hazardous sites. 5. Historic Resources. The project may not cause substantial adverse change in the significance of a historical resource. The subject property does not contain any known historic structure or site features. The site was developed in 1987 with the existing commercial center and surface parking lot. Thus, the proposed minor exception for a reduction in parking on the existing developed site will not cause any adverse impact to a historic resource. Section 2. The Zoning Administrator, after conducting the public hearing, hereby approves Minor Exception No. 2015-03 as conditioned in Exhibit "A" attached hereto and incorporated herein, allow for shared parking for a new restaurant within the Main Street and St. Gertrude Place commercial center located at 2110 South Main Street at a total of forty-two (42) parking spaces. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Zoning Administrator action dated November 18, 2015, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Resolution No. 2015-03 Page 3 of 5 ADOPTED this 18th day of November, 2015. Verny Carvajal Zoning Administrator APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: 4k1 c Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, JOCELYN MAGALONA, Zoning Administrator Secretary, do hereby attest to and certify the attached Resolution No. 2015-03 to be the original resolution adopted by the Zoning Administrator of the City of Santa Ana on November 18, 2015. Date: �� S Zoning Administrator Secretary City of Santa Ana Resolution No. 2015-03 Page 4 of 5 Conditions for Approval for Minor Exception No. 2015-03 Minor Exception 2015-03 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 prior 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. 2015-08. 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 if the minor exception must be amended. 3. A total of forty-two (42) parking spaces shall be maintained on the premises at all times. 4. Prior to occupancy of the restaurant use, a total of eight (8) short term bicycle parking spaces shall be provided to serve the center employees and patrons. Final location and design of bicycle rack(s) shall be approved by the Planning Division. 5. Site maintenance issues such as parking lot repair, missing roof tiles and under -canopy lighting without permits shall be addressed prior to occupancy of proposed restaurant use. Resolution No. 2015-03 Page 5 of 5 PROOF OF SERVICE (C.C.P. SECTION 1013(a), 2015.5) STATE OF CALIFORNIA, COUNTY OF ORANGE I am employed in the aforesaid county; I am over the age of eighteen and not a party to the within action; my business address is 20 Civic Center Plaza, Ross Annex 2nd Floor, Santa Ana, California 92701. I served the foregoing document described as: Resolution No. 2015-03 (Minor Exce tion No. 2015-03 in this action by placing a true copy t ereo enc ose in sea e envelopes allareSSed as follows: David Berri 8221 Garden Grove Blvd. Garden Grove, CA 92844 [ ] I caused to be delivered by courier, such envelope by hand to the office of the addressee(s). [X] BY MAIL I am readily familiar with my employer's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. Postal Service on that same day with postage thereon fully prepaid at Santa Ana, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. [ ] The document was transmitted by facsimile transmission and was reported as complete and without error. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on December 15, 2015 at Sna, California. ant JOCELYN MAGALONA