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HomeMy WebLinkAboutRESO 2020-06_1410 AND 1412 N BROADWAY (LIVEWORK)LS 2.24.20 RESOLUTION NO. 2020-06 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2020-01 AS CONDITIONED TO ALLOW THE CONSTRUCTION OF A LIVE/1NORK DEVELOPMENT AT THE PROPERTIES LOCATED AT 1410 AND 1412 NORTH BROADWAY 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. Saul Delgado with Caboraca Investments Inc., representing Gleenwood Management LLC ("Applicant'), is requesting approval of Conditional Use Permit ("CUP") No. 2020-01 to allow the construction of three live/work studios with galleries at 1410 and 1412 North Broadway. B. Pursuant to the Midtown Specific Plan ("SP-3") Chapter 7 ('Broadway Corridor District'), live/work studios with galleries within the Broadway Corridor District ('BCD") sub -zone require approval of a CUP by the Planning Commission. C. Pursuant to Santa Ana Municipal Code ("SAMC") Section 41-638, the Planning Commission is authorized to review and approve the CUP for this project. D. On February 24, 2020, the Planning Commission held a duly noticed public hearing for CUP No. 2020-01, E. The Planning Commission of the City of Santa Ana has considered the information and determines that the following findings, which must be established in order to grant CUP No. 2020-01, for a live/work development, have been established as required by SAMC Section 41- 638: 1. That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. The granting of this CUP will facilitate the construction of three live/work studios with galleries that will provide a diversity of uses and services to the surrounding community. Live/work units are known to provide sustainability benefits such as Resolution No. 2020-06 Page 1 of 8 reduction in vehicle use and improved air quality. In addition, the proposed development will provide a different option as to how and where people live and work in Santa Ana. Lastly, the project will develop a vacant site with a new building that is compatible with the surrounding architectural styles. 2. That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The proposed development will not create any detrimental impacts to persons residing or working in the area. All functions will be conducted within enclosed buildings. Furthermore, the proposed site plan was designed to minimize impacts upon the adjacent properties. The utilities and infrastructure necessary to support this facility exist and are adequate; the project will not impact the existing utilities or infrastructure. As such, the project will not be detrimental to the public health, safety and welfare of persons residing or working in the vicinity. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The proposed project will not create any negative or detrimental impacts on the economic viability of the surrounding area. The use will result in a positive addition to the community and develop a vacant lot. The project will not remove any job -producing or economically significant elements but will instead create temporary construction jobs and will provide three new live/work units that will contribute economically to the general area and the City. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The proposed use complies with the development standards and regulations contained in Chapter 7 of the Midtown Specific Plan (SP-3) and all other applicable regulations. 5. That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. The proposed project will not adversely affect the General Plan. The site has a Professional and Administrative Office (PAO) land use designation and it is located within Midtown Resolution No. 2020-06 Page 2 of 8 Specific Plan which allows live/work units subject to approval of a CUP by the Planning Commission. Approval of the CUP will be consistent with several goals and policies of the General Plan, including the Housing Element, Economic Development Element, Land Use Element and Urban Design Element. Policy 2.4 of the Housing Element encourages the construction of diverse types, prices, and sizes of housing including mixed/multi-use housing and live/work units. Policy 2.7 and 2.10 of the Land Use Element supports projects that contribute to the redevelopment and revitalization of the central City urban areas and that are in scale and character with the existing development in the area. Goal 2 of the Urban Design Element encourages projects that improve the physical appearance of districts through development that is proportional and aesthetically related to its district setting. The proposed development will provide new housing and job opportunities to the area and will enhance the street view of Broadway. Section 2. In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is categorically exempt from further review per Section 15303 (Class 3 — New Construction or Conversion of Small Structures). Class 3 exemption consists of construction and location of limited numbers of new, small facilities or structures. In urbanized areas, this exemption applies to apartments, duplexes and similar structures designed for not more than six dwelling units. In addition, this exemption also applies to up to four such commercial buildings not exceeding 10,000 square feet in floor area on sites zoned for such use if not involving the use of significant amounts of hazardous substances where all necessary public services and facilities are available and the surrounding area is not environmentally sensitive. The project consists of the construction of three live/work studios and the subdivision of the parcel for condominium purposes. The project is consistent with the General Plan and zoning designation and will be serviced by all public utilities as required. Based on this analysis, a Notice of Exemption for Environmental Review No. 2019-49 will be filed for this project. Section 3. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively "Actions"), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or Resolution No. 2020-06 Page 3 of 8 concerning the project, whether such Actions are brought under the Ralph M, Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Section 4. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2020-01, as conditioned in Exhibit A, attached hereto and incorporated herein, for the project located at 1410 and 1412 North Broadway. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Request for Planning Commission Action dated February 24, 2020, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 241h day of February, 2020. AYES: Commissioners: CANO, CONTRERAS-LEO, GARCIA, MCLOUGHLIN, NGUYEN, PHAN, RIVERA (7) NOES: Commissioners: NONE ABSENT: Commissioners: NONE ABSTENTIONS: Commissioners: NONE APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Lisa Storck Assistant City Attorney Mark McLoughlin 4 Chairperson Resolution No, 2020-06 Page 4 of 8 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2020-06 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on February 24, 2020. Date: 2I �f Lam® ---------- -------------- Recording Secretary City of Santa Ana Resolution No. 2020-06 Page 5 of 8 EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2020-01 Conditional Use Permit No. 2020-01 for three live/work units is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. In addition, the Applicant shall meet the following conditions of approval: The Applicant must comply with each and every condition listed below Prior to exercising the rights conferred by this conditional use permit. The Applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. 1. All proposed site improvements must conform to Development Project Review (DP No. 2019-17) and the staff report exhibits. 2. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or if the conditional use permit must be amended. 3. Prior to the issuance of a building permit, a full landscape and irrigation plan shall be submitted for review and approval by the Planning Division. The landscape plan shall conform to the Midtown Specific Plan (SP-3) landscape standards, Citywide Design Guidelines, and the City's Water Efficient Landscape Ordinance. In addition vines shall be planted along the north, south and west perimeter walls and such walls shall be painted with an anti -graffiti coating. 4. Prior to the issuance of a building permit, details of the proposed car lifts and associated equipment shall be submitted for review and approval by the Planning Division. The proposed car lifts shall be self-operating and not require the presence of a managing crew to operate. 5. The Applicant shall be responsible for maintaining the premises free of graffiti. All graffiti shall be removed within 24 hours of occurrence. 6. Exterior lighting shall be shielded and/or directed away from adjacent properties 7. Prior to the issuance of a building permit, a Property Maintenance Agreement must be recorded against the property. The agreement will be subject to review and applicability by the Planning and Building Agency, the Community Development Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained, Applicant (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the Applicant) shall execute a maintenance agreement with the City of Santa Ana which shall be recorded against the property and which shall be in a form reasonably satisfactory to the City Resolution No. 2020-06 Page 6 of 8 Attorney. The maintenance agreement shall contain covenants, conditions and restrictions relating to the following: a. Compliance with operational conditions applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing etc.); b. Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including but not limited to hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses; C. Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable; d. Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable); e. If Applicant and the owner of the property are different (e.g., if the Applicant is a tenant or licensee of the property or any portion thereof), both the Applicant and the owner of the property shall be signatories to the maintenance agreement and both shall be jointly and severally liable for compliance with its terms; f. The maintenance agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties, obligations and responsibilities set forth under the maintenance agreement; and, g. The maintenance agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the Resolution No. 2020-06 Page 7 of 8 property. The maintenance agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City. Resolution No. 2020-06 Page 8 of 8