HomeMy WebLinkAbout2001-086 - Environmental Review No. 01-144. Conditional Use Permit No. 01-28RESOLUTION NO. 2001-086
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA APPROVAL OF MITIGATION MONITORING
PROGRAM FOR ENVIRONMENTAL REVIEW NO. 01-144,
CONDITIONAL USE PERMIT NO. 01-28, APPROVAL OF
VARIANCE NO. 01-09, APPROVAL OF TENTATIVE TRACT
MAP NO. 16217, AND APPROVING AND ADOPTING THE
MITIGATED NEGATIVE DECLARATION AND IN ORDER
TO CONSTRUCT 86 LIVE-WORK STUDIOS GENERALLY
BOUNDED BY SYCAMORE, SPURGEON, SECOND AND
THIRD STREETS
BK:11/13/01
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
Conditional Use Permit No. 01-28 has been filed with the City of Santa
Aha to allow the live-work development within the Artists Village (C3-A)
zoning district.
On October 22, 2001 by a vote of 6:0 (Mondo absent) the Planning
Commission voted to recommend the City Council adopt a
resolution approving Conditional Use Permit No. 01-28.
Will the proposed use provide a service or facility that will contribute
to the general well being of the neighborhood or community?
The proposed conditional use permit to allow the
construction of 86 live-work studios will provide a piece of
the puzzle currently absent within the Artists Village area.
The unique provision of space that can be utilized for dual
purposes within a single studio provides a component
integral to the village zoning goals. The injection of living
and working space will provide a lifestyle that has proven
successful throughout downtowns within the United States.
A live-work project will add to the vibrant dynamics of the
downtown, increasing activity within the Artists Village.
Will the proposed use under the circumstances of the particular
case be detrimental to the health, safety, or general welfare of
persons residing or working in the vicinity?
Resolution No. 2001-086
Page 1 of 7
The approval of the conditional use permit will not be
detrimental to persons residing or working in the area
because the use, as conditioned, will not create negative or
adverse impacts. The addition of persons within a desolate
portion of the downtown will assist in promoting the
economic viability and enhance the livability for this area of
the downtown.
o
Will the proposed use adversely affect the present economic
stability or future economic development of properties surrounding
the area?
The live-work studios are a suitable and appropriate use
within the downtown setting. The addition of live-work studio
space should increase the patronage to surrounding
downtown businesses, thereby enhancing the viability of the
businesses.
Will the proposed use comply with the regulations and conditions
specified in Chapter 41 for such use?
As conditioned and the approval of Variance No. 01-09, the
proposed project will be in compliance with all applicable
regulations and conditions imposed on live-work studios,
pursuant to Chapter 41 of the Santa Ana Municipal Code.
Will the proposed use adversely affect the General Plan or any
specific plan of the City?
The proposed use will not adversely affect the General Plan.
Live-Work studios are permitted within the Central Business-
Artists Village (C3-A) zoning district and the District Center
(DC) General Plan designation.
Variance No. 01-09 has been filed with the City of Santa Ana to allow a
higher project density for live-work development within the Artists Village
(C3-A) zoning district.
The maximum density allowed for live-work developments within
the C3-A zoning district is 22 dwelling units per acre. The applicant
has requested a variance, which would permit a project density of
28 dwelling units per acre.
On October 22, 2001 by a vote of 6:0 (Mondo absent) the Planning
Commission voted to recommend the City Council adopt a
resolution approving Variance No. 01-09.
Resolution No, 2001-086
Page 2 of 7
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 the
Municipal Code.
Due to the impact of the public streets bisecting this project,
the density standard negatively impacts the desired
character of the live-work project. To achieve a sense of
community and create the economic base to support the
maintenance of the common areas, the actual unit counts for
the project is critical. The proposed 86 live-work units will
allow for the establishment of a vital and stable community.
The approval to increase the density for the development
project would not jeopardize the intent of the Artists Village
(C3-A) zoning requirements or the District Center (DC)
general plan land use designation. Located within the
established downtown, the density increase would remain
well below other previously developed projects in the area
and those established within District Centers.
That the granting of a variance is necessary for the preservation
and enjoyment of one or more substantial property rights.
Approval of the variance allows the applicant to construct 86
live-work studios within the emerging Artists Village of the
downtown. The OIson Company in partnership with the
Community Development Agency desires to develop a
stable, attractive live-work community. The granting of the
variance to the higher density will enable the partners to
provide an appropriately sized project that meets the intent
of the C3A zoning district and to exercise their rights to an
economically viable development project.
That the granting of a variance will not be materially detrimental to
the public welfare or injurious to surrounding property.
Granting a variance will not be detrimental to the public and
surrounding properties by allowing a higher density. The
approval of the density increase from 22 dwelling units per
acre to 28 dwelling units per acre will not be a detriment to
the surrounding properties. The increase to the project's
density would not impact the surrounding infrastructure.
While the density of the project is 28 dwelling units per acre,
a condition of the project limits occupancy to a maximum of
four persons per unit. The occupancy limit is intended to
Resolution No. 2001-086
Page 3 of 7
help promote the live-work lifestyle and will help limit the _
impacts of the project on infrastructure and public services.
Co
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That the granting of a variance will not adversely affect the General
Plan of the City.
The granting of the variance will not adversely affect the
City's General Plan land use designation of District Center
(DC).
Tentative Tract Map No. 16217 is consistent with the goals and objectives
of the General Plan designation to preserve and stabilize residential
neighborhoods.
On October 22, 2001 by a vote of 6:0 (Mondo absent) the Planning
Commission voted to recommend the City Council adopt a
Tentative Tract Map No. 16217.
The proposed project, as conditioned, and its design and
improvements are consistent with the District Center land use
designation of the General Plan and are otherwise consistent with
all other elements of the General Plan and any applicable specific
plans.
The proposed subdivision creates four lots with three of the
lots to be used for 86 live-work units and one lot to be used
as a surface parking area consistent with the District Center
designation provisions.
The proposed project, as conditioned, conforms to all applicable
requirements of the zoning and subdivision codes, as well as other
applicable City ordinances.
The proposed subdivision conforms to the minimum
condominium requirements, as well as meets the letter and
intent of the State of California Subdivision Map Act
provisions.
o
The project site is physically suitable for the type and density of the
proposed project.
The project site consists of three city blocks containing many
street frontages, allowing adequate frontage for each parcel.
There are no physical constraints on the site to preclude
development.
Resolution No. 2001-086
Page 4 of 7
The design and improvements of the preposed project will not
cause substantial environmental damage or substantially and
avoidable injure fish or wildlife or their habitat.
There are no wetlands or unusual flora or fauna on or
around the project site. No development surrounding this
site will be substantially affected by this proposal.
=
The design or improvements of the proposed project will not cause
serious public health problems.
The proposed infill development is for live-work studios and
will be in compliance with the Artists Village (C3-A) zoning
and building requirements.
=
The design of improvements of the proposed project will not conflict
with easements necessary for public access through or use of the
preperty within the preposed project.
There are no easements that would affect the use or
development of this site.
D. Mitigated Negative Declaration and Mitigation Monitoring Progrem for
Environmental Review No. 2001-144 has been prepared for the Project.
Section 2. The City Council has reviewed and considered the information
contained in the initial study and the mitigated negative declaration and mitigation
monitoring program for Environmental Review No. 01-144 prepared with respect to this
Project. Pursuant to the California Envirenmental Quality Act ("CEQA") and the State
CEQA Guidelines, the Mitigated Negative Declaration adequately addresses the expected
environmental impacts of this Project and reflects the City Council's independent judgment
and analysis. On the basis of this review, the City Council finds that there is no evidence
from which it can be faidy argued that the project will have a significant adverse effect on
the environment. The City Council hereby appreves and adopts the negative declaration
and mitigation monitoring program and directs that the Notice of Determination be
prepared and filed with the County Clerk of the County of Orange in the manner required
by law.
Pursuant to Title XIV, California Code of Regulations ("CCR") §
735.5(c)(1), the City Council has determined that, after considering the record as a
whole, there is no evidence that the proposed project will have the potential for any
adverse effect on wildlife resources or the ecological habitat upon which wildlife
resources depend. The proposed project exists in an urban environment characterized
by paved concrete, readways, surrounding buildings and human activity. Therefore,
pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 735.5(a)(3), the
payment of Fish and Game Department filing fees is not required in conjunction with this
project.
Resolution No. 2001-086
Page 5 of 7
Section 3. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
The City Council approves and adopts the Mitigated Negative Declaration
and Mitigation Monitoring Program for Environmental Review No. 01-144.
The City Council approves Conditional Use Permit No. 01-28 as
conditioned in Exhibit "A" attached hereto and incorporated herein by this
reference as though fully set forth.
The City Council approves variance No. 10-09 as conditioned in Exhibit
"B" attached hereto and incorporated herein by this reference as though
fully set forth.
The City Council approves Tentative Tract Map No. 01-09 as conditioned
on Exhibit "C" attached hereto and incorporated herein by this reference
as though fully set forth.
Section 4. This Resolution shall take effect immediately upon its adoption by
the City Council, and the Clerk of the Council shall attest to and certify the vote adopting
this Resolution,
ADOPTED this 19th day of November, 2001.
Miguel A. Pulido ~ --
Mayor
APPROVED AS TO FORM:
Attorney
y Attorney
Resolution No. 2001-086
Page 6 of 7
AYES:
NOES:
ABSTAIN:
NOT PRESENT:
Councilmembers:
Councilmembers
Councilmembers:
Councilmembers:
Bist. Christy, Franklin, McGuiaan, Solorio (5)
AIvarez. Pulido ~2~
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the
attached Resolution No. 2001-086 to be the original resolution adopted by the City
Date:C°uncil "//~'/~ ~jO ~'°fthe City of Santa Aha on November~~.~19, 2001.. j~~/~.
Clerk of the Council
City of Santa Ana
Resolution No. 2001-086
Page 7 of 7
Conditions of ADoroval
Conditional Use Permit
Conditional Use Permit No. 0t-28
No. 01-28 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 Uniform Fire Code, the Uniform Building Code and all other
applicable regulations.
The applicant must comply fully with each and every condition listed below prior to exemising 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.
A=
Plannino Division
Comply with all conditions and requirements from the Development Review Committee
(DRC) for the development project (DP 01-29).
No more than four residents per unit.
The units shall remain owner occupied and shall not allow rental of the entire unit.
Covenants, Conditions, and Restrictions (CC&R's) must be provided and approved for
the project prior to the issuance of any permit. Such CC&R's must contain at a
minimum, the following:
A) Use Restriction
The project must remain as a live-work community. The work component is to
be defined as the following allowable uses as outlined in the Central Business-
Artists Village (C3-A) zoning district:
Commercially operated professional studios.
Fine art studios and/or galleries.
Fiber arts studios and/or galleries.
Printing, lithography, and calligraphy facilities.
Photography studios.
Exhibit A
Ceramic and pottery studios.
vi.
vii.
viii.
ix.
X.
xi.
xii.
Glass blowing and sculpturing studios.
Home office with no employees and no storefront.
Any use listed above, with a maximum of two non-resident employees.
Outdoor uses, weekend or after-hour activities, entertainment uses, and
any other similar use which may be deemed appropriate and in keeping
with the live-work community by the Deputy City Manager of
Development Services.
Special approved uses include:
Retail.
Food and/or beverage sales.
Professional, administrative and business uses.
Restaurants.
Commercially operated professional studios.
Fine arts studios and/or galleries.
Fiber arts studios and/or galleries.
Printing, lithography and calligraphy facilities.
Photography studios.
Ceramic and pottery studios.
Glass blowing and sculpturing studios.
Approval and a determination of application of commemial building code
requirements for the special approved use shall be made by the Deputy
City Manager for Development Services after consultation with the
Building Official and Planning Manager.
Uses not permitted include: Schools, banquet facilities and theaters.
B)
Project Maintenance
i. Standards shall be established for the exterior maintenance of each unit
within the community.
ii. Graffiti removal will be required within specified time frames.
iii. Assignment of repair of perimeter walls will be specified in the CC&R's in
the event of damage.
Exhibit A
c)
Prohibited hazardous activities include those found in Section 8-2700(5) of the~
Municipal Code: "no hazardous activity such as, but not limited to, welding, ope~
flame or storage of flammable liquids shall occur in a live-work space without specific
written approval from the Fire Department and Building Official".
D)
Disclosure and release: CC&R's shall provide notice to prospective owners of the
urban character of the City's Downtown area, including but not limited to the
permitted uses of the buildings sharing each block with the development (i.e., the
Builder's Exchange Building, Old City Hall and Festival Hall), and shall provide a
release of all claims against developer, City, Community Redevelopment Agency,
DGWB Advertising and Festival Hall which may arise from or relate to the disclosed
matters.
E) Terms and Content:
i. CC&R's are to be in effect in perpetuity.
ii.
Any proposed modifications to the CC&R's will require approval by the
City of Santa Ana.
No more than two areas of the unit shall be constructed or utilized for sleeping
purposes, except as described in Condition No. 6.
For the third floor units, any ground level space provided cannot be used for sleeping
purposes.
7. All garages shall be maintained as designed for parking purposes.
A tentative tract map shall be approved pdor to the applicant exercising the rights
conferred by this conditional use permit.
Prior to pulling building permits for the block on Bush Street bounded by Second, Third
and Spurgeon, the fee in the amount designated by the Deputy City Manager for
Development Services as being the reasonably estimated cost for the off site mitigation
measures (i.e., the six mitigation measures on page 38 and the fourth bulleted mitigation
measure on page 40 of Mitigated Negative Declaration No. 01-144) shall be paid in full to
the City of Santa Ana. The City of Santa Ana will use this fee to complete the off site
mitigation measures required by Mitigated Negative Declaration.
10.
Applicant shall comply with all mitigation measures contained within the Mitigated
Negative Declaration for the Santa Aha Live Work Lofts, No. 01-144.
Police Department
Pdor to site plan approval, indicate compliance with Santa Ana Municipal Code lighting~
requirements for walkways and drive aisles.
Exhibit A
Variance No. 01-09
Conditions of Approval
Variance No. 01-09 is approved subject to compliance, to the reasonable satisfaction of the
Planning Manager, with all applicable sections of the California Subdivision Map Act, Santa Ana
Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building
Code and all other applicable regulations.
The applicant must comply fully with each and every condition listed below prior to exercising the
rights conferred by this tentative tract map.
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. Planninu Division
1. Comply with conditions 1, 2, 3, 5, 6, 7, and 8 from Conditional Use Permit No. 01-28.
Exhibit B
Tentative Tract Mar) No. 16217
Conditions of Ar)proval
Tentative Tract Map No. 16217 is approved subject to compliance, to the reasonable satisfaction of
the Planning Manager, with all applicable sections of the California Subdivision Map Act, Santa Ana
Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building
Code and all other applicable regulations.
The applicant must comply fully with each and every condition listed below prior to exercising the
rights conferred by this tentative tract map.
The applicant must remain in compliance with all conditions listed below throughout the life of the
tentative tract map. Failure to comply with each and every condition may result in the revocation of
the tentative tract map.
A. Planninq Division
Comply with all conditions and requirements from the Development Review Committee
(DRC) for the development project (DP 01-29).
Each garage space shall be shown as separate numbered parcels.
Exhibit C