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Amend CUP No. 2001 -28 <br />October 14, 2013 <br />Page 2 <br />Department. Among these is Condition No. 3, which requires that each unit remain owner occupied <br />and not be made available for rent. The requested action consists of modifying the existing CUP to <br />remove this condition in its entirety. The applicant does not propose removal of any other conditions, <br />such as those limiting occupants to four per unit or the number of rooms that may be used for sleeping <br />purposes. <br />Proiect Backaround <br />The Artist Village live /work lofts project site was constructed in three phases between 2002 and 2011. <br />The original conditional use permit, CUP No. 2001 -28, covered all three phases. The project consisted <br />of several Planning Division applications, including a variance (No. 2001 -09), tentative tract map (No. <br />16217), and the CUP that is the subject of this application. Other application items associated with the <br />project include an alley abandonment, a disposition and development agreement, a parking <br />agreement, an environmental mitigation agreement, and an affordable housing agreement. <br />The overall development consists of 86 residential units as well as various surface parking lots that <br />were constructed in several phases. The developments feature two -story townhomes occupying the <br />first and second levels, and single -floor "flat" units on the third level. Square footages for the units <br />range from 1,500 to 2,800 square feet. The units were designed and constructed to provided front <br />entrances facing the street where possible and along landscaped areas for non - street frontages <br />(Exhibit 3). <br />Condition of approval No. 4 requires that covenants, conditions, and restrictions (CC &Rs) be provided <br />and approved for the project prior to the issuance of any permits. This condition also specified the <br />minimum contents of the CC &Rs required by the City, such as use restrictions, project maintenance, <br />prohibitions against hazardous materials or activities, and terms and content. In December 2010, the <br />applicant revised the CC &Rs to reflect the removal of the rental restriction (Condition No. 3) from the <br />project site and that reflect the establishment of the new Santa Ana Lofts Maintenance Corporation <br />homeowner association (Exhibit 4). The applicant is now applying to modify the existing CUP to <br />ensure that the contents of the CC &Rs and the conditions of approval remain consistent. <br />General Plan and Zoning Consistency <br />The General Plan land use designation for the site is District Center (DC). District Centers are <br />designed to serve as anchors to the City's commercial corridors, and to accommodate major <br />development activity. The project site is consistent with this General Plan land use designation. <br />The parcel is located within the Transit Zone Downtown (SD -84) zoning district and has a use suffix <br />of Downtown Zone (DT). The Downtown Zone suffix allows for live /work projects, making the <br />current use consistent with the zoning code. <br />31A-4 <br />