HomeMy WebLinkAboutRESO 2022-01_2901 S Daimler StreetResolution No. 2022-01
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Resolution No. 2022-01
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Resolution No. 2022-01
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Resolution No. 2022-01
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EXHIBIT A
Conditions of Approval for Conditional Use Permit No. 2021-18
Conditional Use Permit No. 2021-18 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 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. The Applicant must comply with all conditions and requirements of the
Development Review Committee for the Development Project (DP No. 2021-03).
2. The proposed facility shall be maintained as per approved plans and any existing
landscaping shall be enhanced and well maintained. Any damage to existing
structures, walls, parking areas, or landscaping must be repaired.
3. No live entertainment is approved in conjunction with this gymnasium facility as
defined in the Sana Ana Municipal Code Section 41-101.2.
4. No massage establishment is approved in conjunction with this gymnasium facility.
5. All activities shall be conducted indoors only.
6. Facility offices shall not be subleased for uses not related to the gymnastics facility.
7. Any intensification of use including tournaments and other special events are
subject to review by the Planning Department.
8. The gymnasium shall be subject to any applicable California Building Code or
federal requirements for seismic safety, retrofit, and/or upgrades as deemed
necessary by the Building Division.
9. The applicant shall comply with the requirements of the 2019 California Energy
Code and Green Building Standards related to ventilation to provide a safe indoor
air quality for the occupants of the building.
10. Prior to submitting to Building Plan check, the applicant shall identify the drop off
area on the site plan.
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11. Prior to issuance of a building permit, a Property Maintenance Agreement shall 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 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
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the prospective assignee agrees in writing to assume all of the duties,
obligations and responsibilities set forth under the maintenance agreement;
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
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; and
h) The execution and recordation of the maintenance agreement shall be a
condition precedent to the issuance of final approval for any construction
permit related to this entitlement.
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