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HomeMy WebLinkAbout75A - 100 S. MAIN-UNITED BOUNDREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JANUARY 20, 2004 TITLE: PUBLIC HEARING - AMENDMENT APPLICATION NO. 2003-09, GENERAL PLAN AMENDMENT NO. 2003-05, CONDITIONAL USE PERMIT NO. 2003-31 AND VARIANCE NO. 2003-08 FOR THE UNITED AUTOMOTIVE BUIL~IN~ CITY MANAGER -- APPROVED [] As Recommended [] As Amended [] Ordinance on 1st Reading C~ Ordinance on 2nd Reading [] Implementing Resolution [] Set Public Hearing For CONTINUED TO FILENUMBER RECOMMENDED ACTION 4 o 6. Adopt a resolution approving Variance No. Planning Conm%ission Action Recommended that the City Council: 1. 3. 4. 5. Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2003-100. Adopt a resolution approving General Plan Amendment No. 2003-05. Adopt an ordinance approving Amendment Application No. 2003-09. Adopt an ordinance establishing Specific Development No. 72. Adopt a resolution approving Conditional Use Permit No. 2003-31 as conditioned to allow the reuse of nine rental housing units. 2003-08 as conditioned. Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2003-100. Adopt a resolution approving General Plan Amendment No. 2003-05. Adopt an ordinance approving Amendment Application No. 2003-09. At its December 22, 2003 meeting by a vote of 6:0 Adopt an ordinance establishing Specific Development No. 72. Adopt a resolution approving Conditional Use Permit No. 2003-31 conditioned to allow the reuse of nine rental housing units. Adopt a resolution approving Variance No. 2003-08 as conditioned. (Cribb absent). as Page 115 75.A. Amendment Application No. 2003-09 General Plan Amendment No. 2003-05 Conditional Use Permit No. 2003-31 Variance No. 2003-08 January 20, 2004 Page 2 DISCUSSION Request of Applicant The City of Santa Aha requests a change to the zoning of the property located at 100 South Main Street from General Commercial (C2) to Specific Development No. 72 (SD-72) and a change of the General Plan land use designation from General Commercial (GC) to District Center (DC) to allow mixed use development and the adaptive reuse of the historic United Automotive Building. Additionally, Caribou Industries requests approval of a variance to allow a reduction in parking and conditional use permit to allow the rehabilitation of nine rental housing Units above the proposed restaurant. Property Description The subject site is approximately 1.7 acres in size, encompassing a one- block area bounded by Main Street to the east, First Street to the north, Sycamore Street to the west and Walnut Street to the south. The property is bordered by commercial to the north, east and west, and a combination of commercial and residential to the south (Exhibits 1, 2 and 3). The 14,765 square foot United Automotive Building is located on the subject site at the southwest corner of First and Main Streets, which is considered a focus intersection and leads into the Downtown and Civic Center area. The United Automotive Building is listed on the Santa Ana Register of Historical Properties and has been categorized as Contributive. On December 5, 2002 and again on August 7, 2003, the Historic Resources Commission approved exterior modifications to the structure in anticipation of the proposed adaptive reuse. Pro~ect Description Caribou Industries is completing rehabilitation of the historic United Automotive Building for a new restaurant and the reoccupancy of nine vacant housing units located on the second floor. The proposed Original Mike's restaurant will be a full service sit-down eating establishment with two fixed bars covering approximately 12,000 square feet. The 75.A. Page 116 OAmendment Application No. 2003-09 General Plan Amendment No. 2003-05 Conditional Use Permit No. 2003-31 Variance No. 2003-08 January 20, 2004 Page 3 applicant is proposing to include live entertainment, amplified music and dancing as uses ancillary to the restaurant. The restaurant also includes a 6,250 square foot outdoor patio area. Further, as a part of the project, the applicant proposes to remove two existing rooftop billboards. The applicant may request a variance to reinstate one rooftop structure to provide signage for the restaurant. The project site currently has signage, which is unpermitted. Staff is working with the applicant to bring the signs into compliance. Analysis of the Issues General Plan The City proposes to change the existing land use designation from General Commercial (GC) to District Center (DC) for the site. This land Ouse change will facilitate future residential uses and the rehabilitation of vacant housing units on the second floor of the United Automotive Building. District Centers are considered the City's major development areas and serve as anchors to commercial corridors to accommodate the most intense development in the City. The proposed land use designation change to District Center would be most appropriate to maximize the potential use of the property. The intersection of First and Main Streets is identified in the General Plan as a focus intersection and leads directly into the Downtown and Civic Center areas. The intent of a focus intersection is to improve the aesthetic presence along major city streets. The proposed land use change will improve the visual character of the intersection and help to create a vibrant identity at this key location. The land use change is consistent with uses currently found in the adjacent Downtown and Civic Center areas. The ultimate site development supports the General Plan's policies of promoting rehabilitation of commercial properties, development of new housing, and increasing employment opportunities in the City. Uses such as eating establishments and live/work housing will further strengthen and define the City as a dynamic urban center. Page 117 75.A. Amendment Application No. 2003-09 General Plan Amendment No. 2003-05 Conditional Use Permit No. 2003-31 Variance No. 2003-08 January 20, 2004 Page 4 One of the goals of the City's Land Use Element is to promote a balance of land uses to address basic community needs. The approval of the project will ensure consistency and the orderly development of this specific area. Additionally, it would allow the continued momentum of revitalization in the Artists Village and the downtown district, create opportunities for additional live/work housing, and bring additional patrons to the downtown. Amendment Application In conjunction with the general plan amendment, the City proposes an amendment application to change the zoning of the subject property from General Commercial to Specific Development No. 72. The amendment application is warranted as it will provide for future development opportunities on-site and provide a balance of land uses, address a basic community need for housing and employment opportunities, and enhance the economic viability of the City (Exhibit 4). The newly created SD-72 zoning designation will allow for the rehabilitation and consequent rental of the nine vacant housing units. The units range from 392 square feet to 404 square feet in size. Additionally, the SD will permit the development of 14 for sale live/work housing units with a conditional use permit, which would require a public hearing as a part of the Planning Commission review. The SD allows retail and service uses with a focus on commercially operated professional studios and creative arts uses such as fine arts studios and/or galleries, restaurants and cafes, excluding eating establishments with drive-through window service. Prohibited uses include live indoor entertainment, amplified or D.J. music, night clubs, adult entertainment businesses and heavier commercial uses such as auto sales or repair, rental yards and hospitals. Approval and implementation of Specific Development No. 72 will allow maximum flexibility in site planning and design, foster a variety of residential land uses while assuring high quality development, and addressing the goals of the General Plan. Further, the proposed overall project will enhance the First and Main Streets intersection by creating a more defined sense of arrival into the downtown by creating a dynamic urban space that will foster entertainment, cultural and business activities which is a goal identified by the Urban Design Element. 75.A. Page 118 Gmendment Application No. 2003-09 eneral Plan Amendment No. 2003-05 Conditional Use Permit No. 2003-31 Variance No. 2003-08 January 20, 2004 Page 5 The applicant proposes to open a restaurant within the United Automotive Building, which use is permitted in the SD. The SD requires there be an enhanced pedestrian plaza in conjunction with the restaurant. Caribou Industries proposes a 50-foot by 125-foot decorative pedestrian plaza on the west side of the building on a site currently owned by the City (Exhibit 5). This area will be licensed for use or potentially sold to the applicant by the City. A condition of approval will require the applicant to submit plans for Planning Commission approval of the pedestrian plaza area and complete construction prior to issuance of a Certificate of Occupancy for the restaurant. The main entrance to the restaurant will be located directly off the plaza area (Exhibit 6). Further, as a condition of approval, the applicant will need to execute a Right-of-Entry and License Agreement with the City to develop the plaza area on this parcel (Exhibit 7). Caribou Industries intends to operate the restaurant seven days a week, Ofrom 7:00 a.m. to midnight. A condition of the SD requires that the restaurant be closed at 12:00 a.m. midnight to all patrons and allow for restaurant staff to conduct the necessary closing procedures including clean up until 1:00 a.m. Additionally, there shall be no business operations between 1:00 a.m. and 5:00 a.m. This condition combined with the closing procedures would mitigate noise for the residential units above the restaurant. Consistent with current standards, full free- standing banquet facilities require a conditional use permit; however, it is reasonable to assume that the proposed restaurant will also serve banquet functions, but only where they are ancillary to the full service sit-down restaurant. The proposed SD prohibits live indoor entertainment, amplified or D.J. music based upon Police Department concerns. The concern relies on a consistent Police Department policy to oppose such entertainment as it may negatively affect the surrounding area. Staff and the Police Department conducted an on-site noise test to evaluate the ambient noise level with amplified music. The results showed that the interior noise generated from the amplified music will not be significant given the construction type of the building, the surrounding ambient noise levels and the distance between uses. Non-amplified outdoor music during the day would not create a significant impact for the surrounding uses. Caribou Industries has indicated that for the restaurant to be ~uccessful, indoor live entertainment and D~J. amplified music, and .imited outdoor music will be essential. The Planning Commission has in Page 119 75.A. Amendment Application No. 2003-09 General Plan Amendment No. 2003-05 Conditional Use Permit No. 2003-31 Variance No. 2003-08 January 20, 2004 Page 6 the past approved live, non-amplified music only as an ancillary use to a bona fide restaurant by regulating the size of the band and type of musical instruments. Further, Caribou intends to serve alcohol ancillary to the restaurant use. To ensure that the site does not become an attractive nuisance and generate an excess number of calls for service, the Planning Commission amended the SD to include the following standards: The operation of any restaurant shall be permitted between the hours of 7:00 a.m. and 12:00 a.m., seven days a week. The restaurant shall be closed at 12:00 a.m. midnight to all patrons and allow for restaurant staff to conduct the necessary closing procedures including clean up until 1:00 a.m. Additionally, there shall be no business operations between 1:00 a.m. and 5:00 a.m. Indoor live entertainment shall be limited to a maximum of five musicians with amplified instruments and shall not exceed the noise standards set forth in SAMC 18-308 through 18-0321. The doors on the west remain shut at all purposes. side of the facility will times except for normal be required to ingress/egress Ail banquet uses must conform to the operational standards set forth in SAMC Section 41-199.1, including ancillary banquet uses intermittently associated with full service sit-down restaurants (Exhibit 8). Outdoor live entertainment shall be allowed only on Saturdays and Sundays from 10:00 a.m. to 5:00 p.m., shall be limited to a maximum of three musicians with non-amplified instruments, includin9 no brass or percussion, and shall not exceed the noise standards set forth in SAMC 18-308-321. The musicians shall be located on the south portion of the pedestrian plaza area only. 6 o Any public dance hall, dance place or public dancing place as defined in Chapter 11 of the SAMC will be subject to Police Department approval and be subject to all standards set forth in Chapter 11 of the SAMC. 75.A. Page 120 Gmendment Application No. 2003-09 eneral Plan Amendment No. 2003-05 Conditional Use Permit No. 2003-31 Variance No. 2003-08 January 20, 2004 Page 7 The Police Department has a condition within Conditional Use Permit 2003- 37 for the approval of a Type 47 Alcoholic Beverage Control license that requires a review of the project at 90 days, six months, one year and annually thereafter to ensure that the business is in compliance with conditions approved for the project. · Development standards for SD-72 will be further refined in conjunction with submittal of the anticipated live/work project. This will include architectural design, setbacks and yard requirements, building height limits, maximum site coverage, public and private open space, guest and customer parking requirements, landscaping standards, and signage standards. Conditional Use Permit Caribou Industries is requesting approval to allow nine rental housing nits. Specific Development No. 72 requires conditional use permit pproval for the existing housing units. The Housing Element promotes development of projects in the District Center that allows a mixture of uses, including quality housing. Although the applicant has stated that he hopes to utilize the units as student housing, staff proposes no restrictions and/or conditions to limit the units to student housing only, as such restrictions cannot be legally imposed under the state's fair housing laws. Parking Variance Caribou Industries is also requesting approval of a variance to allow a reduction in the required parking. Based on the parking requirements of the SD, 134 parking spaces will be required for the restaurant and the rental units (122 spaces for the restaurant, bar and mezzanine and 12 for the housing units). The site plan indicates a total of 115 parking spaces for the project site, equivalent to a 15 percent reduction from the requirement (Exhibit 9). A condition of the variance will require the parking lot construction be completed prior to issuance of a Certificate of Occupancy for the restaurant. Page 121 75.A. Amendment Application No. 2003-09 General Plan Amendment No. 2003-05 Conditional Use Permit No. 2003-31 Variance No. 2003-08 January 20, 2004 Page 8 Planning Commission Review At the November 24, 2003 Planning Commission hearing, staff presented Amendment Application No. 2003-09, General Plan Amendment No. 2003-05, Conditional Use Permit No. 2003-31 and Variance No. 2003-08 for the Planning Commissions consideration. The Planning Commission had several questions regarding the relationship between the completion of site improvement and the opening of the restaurant and the reuse of the housing units. The matter was continued to allow staff the opportunity to address the issues and concerns of the Planning Commission. Based on those comments, staff has incorporated conditions designed to mitigate adverse impacts that may be associated with the project. Specifically, staff has added conditions regarding: the outdoor plaza area and parking lot being completed prior to the opening of the restaurant; the main restaurant access being the northernmost entrance of the west elevation; requiring kitchen facilities within the restaurant; inclusion of a definition for banquet facilities; language regarding cyber caf~ standards; clarification that dance floors require a Police Department permit; parking spaces being dedicated for the existing housing units; Historic Resource Commission conditions being met; ensuring proper maintenance of the plaza area and any water features; and that rooftop signage require a subsequent variance. At the December 22, 2003 hearing, the Planning Commission continued its review of the project with regard to the ancillary uses associated with the proposed restaurant. Specifically, the Commission discussed and later added SD standards as they related to the indoor entertainment and the day and time of the outdoor entertainment. Approval was recommended for General Plan Amendment No. 2003-05, Amendment Application No. 2003-09 to create Specific Development No. 72, Variance No. 2003-08 and Conditional Use Permit No. 2003-31 per the findings and conditions. Additionally, the Planning Commission modified SD 72 to allow live entertainment with operational standards as recommended, including amended language for Operation Standard No. 6. Based upon the above analysis and the Planning Commission recommendation, staff recommends that the City Council approve General Plan Amendment No. 2003-05, Amendment Application No. 2003-09 to create Specific Development No. 72, Variance No. 2003-08 and Conditional Use Permit No. 2003-31 per the findings and conditions. 75.A. Page 122 OAmendment Application No. 2003-09 General Plan Amendment No. 2003-05 Conditional Use Permit No. 2003-31 Variance No. 2003-08 January 20, 2004 Page 9 Environmental Impact In accordance with the California Environmental Quality Act, Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2003-100 has been prepared for this project. A~nE~G~c~uH~D~i re c t or Planning & Building Agency BSP: rb bsp\staf f repor[s\aao3-oggpao3-OScupo3-31va03-O$.ccl-20-03 Page 123 75.A. CIVIC CENTER DR, ,/ GC R2 R2 R2 R3 SD-t3 R3 A1 GENERAL AGRICULTURAL OR COMMERCIAL RESIDENTI^L -B PARKING MODIFICATION GC GOVERNMENT CENTER C-SM COMMERCIAL SOU~H ~,AJN M1 LIGHT INDUSTRIAL 1" = 1000 FEET 75.A; AA 03-9/GPA 03-5~ CUP 03-31/VA 03-8 CARIBOU INDUSTRIES 100 SOUTH MAIN STREET Page '124 -- = 5O0 FEET COM. WALNUT ST. RESIDENTIAL RESIDENTIAL ~ LU AA 03-9/GPA 03-5/ ~' CUP 03-31/VA 03-8 CARIBOU INDUSTRIES 100 SOUTH MAIN STREET P L A N N J N G A N D B U I L D J N G A G E N C Y F.,~HIBIT ~ Page ~125 75.A. !1 · CUP 0 ~m~A'~)!9" 8 SECTION 1 SPECIFIC DEVELOPMENT NO. 72 (First and Main) APPLICABILITY OF ORDINANCE The specific development zoning district for the subject property, as authorized by Chapter 41, Division 26, Section 41- 593 et seq., of the Santa Ana Municipal Code, is specifically subject to the standards and regulations contained in this plan for the express purpose of establishing land use regulations and standards. Ail other applicable chapters, articles, and sections of the Santa Aha Municipal Code shall apply unless expressly waived or superseded by this ordinance. SECTION 2 PURPOSE This Specific Development Plan No. 72 (SD 72) sets forth the development and design criteria for the project known as the Artist Gateway, a mixed used development consisting of approximately 1.7 acres. The purpose of this Specific Development Plan is to permit maximum flexibility in site planning and design to respond to market while assuring high quality development and implementing the goals of the General Plan. SD 72 specifically will establish the following: A. The authorized uses for the site; B. Maximum authorized development densities; C. Development and operational standards including: Architectural Design Parking requirements Setback requirements Building height limits Maximum site coverages Landscaping and signage standards Public and Private Open Space Enforcement policies Signage SECTION 3 OBJECTIVES The SD-72 use district is hereby established for the express purpose of protecting the health, safety, and general welfare of the people of the City by promoting and enhancing the value of properties and encouraging orderly development including: EXHIBIT 4 Page 127 75.A. Flexibility of development in response to market conditions, while achieving overall City and community goals. Creation of live/work opportunities and moderately priced new housing that encourage the arts and freelance market. Capitalize on the Historic Downtown revitalization, the Artist Village, and the live/work loft projects in the immediate area to allow an opportunity for additional live/work possibilities. A visually harmonious development as viewed both internally and externally. A circulation system that is responsive to the needs of both vehicular and pedestrian travel. Landscaping that is appropriate to the level of development and sensitive to the surrounding community. Create an enhanced access to downtown that promotes a walkable community, which will assist in the revitalization the local area. SECTION 4 LOCATION The Specific Development Plan No. 72 includes 1.7 acres and is located at the southwest corner of First and Main Streets, bordered by Walnut and Sycamore Streets. The historic United Automotive building occupies the northeast corner of the project site. On-site parking is provided on the remainder of the project site. Santa Ana's historic Downtown is located immediately to the north of this development area. The Downtown area is a harmonious blend of historic buildings, the emerging Artist Village, as well as live/work possibilities and a culturally enriched retail market. This intersection also is recognized as a gateway that leads directly into the Downtown and civic center area. 75.A. Page 128 ~ECTION 5 USES (a) (b) PERMITTED Retail and service uses, excluding bail bonds. Commercially operated professional studios (c) The following creative arts uses: i. Fine arts studios and/or galleries ii. Fiber arts studios and/or galleries iii. Printing, lithography and calligraphy facilities iv. Photography studios (d) Restaurants, cafes, and eating establishments, other than those specified in Section 6, excluding eating establishments with drive-thru window service. ~ adult entertainment businesses as defined in SAMC section 41-1701.6, night clubs as defined in Chapter 11 and heavier commercial uses such as auto sales or repair, rental yards and hospitals shall be prohibited in the SD. (e) (f) Ancillary banquet facilities, subject to development and operational standards set forth in section 41-199.1. Cyber cafes as defined in Santa Ana Municipal Code (SAMC) 41-45, as an ancillary use to a restaurant, provided they are carried on in accordance with sections 41-198.200 of the SAMC as it may be amended from time to time, and provided a ministerial land use certificate is first obtained in accordance with sections 41-675 through 41-677 of the SAMC. With the exception of Section 41-198.200 (d), which states UNo persons shall be permitted to consume alcohol on the premises" shall not be applied to Land Use Certificates issued for properties within the Specific Development No. 72. SECTION 6 CONDITIONALLY PERMITTED USES (a) Fourteen (14) Live/work units. (b) Nine (9) housing units. (c) Ceramic and pottery studios. (d) Glass blowing and sculpturing studios (e) On-site alcohol beverages control license as an ancillary use, in conjunction with an eating establishment. (f) Banquet facilities, as a primary use, subject to development and operational standards set forth in section 41-199-.1. (g) Retail markets having less than twenty thousand (20,000) square feet. (h) Indoor/Outdoor Entertainment as defined in Chapter 41 of the SAMC. Page 129 75.A. SECTION 7 A. DEVELOPMENT STANDARDS Standards for Commercial Development Unless expressly waived or superseded by this ordinance, all commercial development shall comply with the provisions as outlined within Chapter 41, Article llI, Division 13, C2 (General Commercial), of the Santa Ana Municipal Code as it may be amended from time to time. Standards for Live/Work Development Building height in Specific Development 72. No structure shall exceed forty- five (45) feet in height. Yard requirements Specific Development 72. a. A setback of not less than 15 feet shall be required for any new commercial building. b. A setback of not less than five (5) feet along any property line to the extent it serves to separate any off- street parking area from the street. Development Density in Specific Development 72 The floor area ratio for commercial development may not exceed 1.0. Additional Development Standards Development standards for SD 72 will be refined in conjunction with the anticipated live/work project through an amendment. This will include architectural design, setbacks and side yard requirements, building height limits, maximum site coverage, private and public open space, guest and customer parking requirements, landscaping standards, signage standards, and public and private open space. The restaurant must be maintained as a bona fide eating establishment. An eating establishment as defined by the Alcoholic Beverage Control Board and the Planning Commission must include the following items: One conventional range/oven An automatic dishwasher A double sink A 25 cubic foot refrigerator 75.A. Page 130 e. A four-foot by six-foot food preparation area f. The restaurant shall provide 'a grease interceptor and garbage disposal. Off-Street Parking Specific Development 72 a) The minimum off-street parking requirements for restaurants, cafes and other eating establishments are as follows: ten (10) spaces for each one thousand (1,000) square feet of gross floor area, including the open-air, plaza dining area. b) The minimum off-street parking requirements for retail and service uses not otherwise specified in this division are as follows: five (5) spaces for each one thousand (1,000) square feet of gross floor area. c) Parking for the residential units shall be provided at a rate of one and a half (1.5) spaces per unit. One space per unit must be located in a garage. Accessible guest parking at a rate of ten (10) percent of the total number of parking spaces shall be provided. d) Dedicated parking spaces shall be provided for the existing rental housing component. Landscaping requirements in Specific Development 72 a) A minimum five-foot landscaped front yard setback is required within the parking areas along First Street, Main Street, Walnut Street, and Sycamore Street. b) The pedestrian plaza area should incorporate a double row of trees or a specific pattern designed to lead pedestrians through the plaza to the adjacent entrance of the building. c) Vehicular parking may not be located within any required landscaped area. d) A combination of trees and shrubs as identified in the commercial landscape standards shall be used on all street frontages. The on-site tree should be the same or complement the designated street tree for that particular street. Vines, such as Boston Ivy, shall be used on the trash enclosure. Public Art in Specific Development 72 The plaza/courtyard area shall provide amenities that encourage pedestrian use such as seating area and objects of public art. Page 131 75.A. If water features are included in the plaza/courtyard area or other landscaping areas, the water feature shall use non- potable or recycled "gray water" and specialized equipment to conserve water. The amenities provided shall be reviewed and approved by the Planning Division as part of the site plan review process. Pedestrian Plazas and Walkways Specific Development 72 A pedestrian plaza is required in conjunction with the restaurant. The plaza area shall be a minimum of 50 feet by 125 feet and abut on the west elevation of the United Automotive Building. The plaza area shall be enhanced, incorporating decorative paving and shall be enclosed with a decorative wrought iron fence. The applicant will need to execute a Right-of-Entry and License Agreement with the City to develop the plaza area on this parcel. Interior primary pedestrian walkways shall be a minimum of eight feet wide and decorative in design. Walkways are those that connect a pedestrian from the parking area to the front entry. A four-foot handicap accessible walkway is to be provided throughout the interior sidewalks and courtyard/plaza areas. The primary entrance door to the restaurant shall be located at the north vestibule entry located on the west elevation to the building restaurant. This entrance shall include an interior sound curtain to mitigate interior restaurant ambient noise levels to the exterior. All doors on the west elevation shall remain closed during business hours. SECTION 8 OPERATIONAL STANDARDS aJ The existing United Automotive Building is listed in the Santa Aha Register of Historical Property and has been categorized as Contributive. Fagade changes or modifications to structures listed on the Santa Aha Register of Historic Properties are subject to review by the Historical Resources Commission. Any new construction or modification, or building relocation requires City review and building permits. bo Restaurant operations shall be closed at 12:00 a.m. midnight to all patrons and allow for restaurant staff to conduct the necessary closing procedures including clean up until 1:00 a.m. There shall be no business operations between 1:00 a.m. and 5:00 a.m. 75.A. Page 132 C · .on the west. sade o~ the .f;acl~.~¥ eutdoor, lzv,e enter~azn~ent ehall . ~e. Bedes~r,~an Dlaza area only:..., C~issiOn on De6~er 22, 200~'. ) fo h. The new infill residential component is permitted only in combination with individual studios in a manner which provides an integrated working and living environment. i. Ail live/work units shall be at least one thousand (1000) square feet in size. j. The residential component of a live/work unit shall meet the following standards: Page 133 75.A. 1. It shall have a space of a~ least five hundred (500) square feet of residential living area. 2. It shall have access to separate bathroom facilities, including a water closet, a wash basin, and a bathtub or shower. 3. It shall have separate kitchen facilities including a kitchen sink, cooking appliances and refrigerator. All such facilities shall have a clear working space of at least thirty (30) inches in front. 4. It shall comply with all Housing modified by section 8-2700 of the Code. Code requirements as Santa Ana Municipal 5. Each individual unit shall accommodate facilities for a washer and dryer. k. The existing rental housing comPonent shall meet the following standards: 1. It shall have a space of at least three hundred and eighty-two (382) square feet. 2. It shall have access to separate bathroom facilities, including a water closet, a wash basin, and a bathtub or shower. 3. It shall have separate kitchen facilities including a kitchen sink, cooking appliances and refrigerator. All such facilities shall have a clear working space of at least thirty (30) inches in front. 4. It shall comply with all Housing Code requirements as modified by section 8-2700 of the Santa Ana Municipal Code. SECTION 9 SIGNAGE STANDARDS Ail signage shall comply with the provisions as outlined within Chapter 41, Article XI, "On-Premise Signs" of the Santa Aha Municipal Code as it may be amended from time to time. A planned sign program, pursuant to Sections 41-880 through 41- 884 of the Santa Aha Municipal Code, shall be required for all buildings to ensure sign compatibility 75.A. Page 134 Page 135 75.A' SECTION 10 PLANNING COMMISSION AND CITY COUNCIL APPROVALS This is a key area for future development and this project will set the example for all subsequent residential development in the area. To ensure the quality of the design and the architectural style, as well as the layout of the units, any new development project will require Planning Commission and City Council approvals. 75.A. Page 136 FIRST STR££T AA 03-g/GPA 03-5/ CUP 03-31/VA 03-8 I~J~!~T'~13 7 75.A. 75.A. AA 03o9/GPA 03-5/ CUP 03-31/VA 03-8 E~IBIT 6 ~age 138 Z FIRST STREET AA 03-91GPA 03-5/ CUP 03..31/VA 03-8 75.A. Banquet Facilities Section 41-25. Banquet Facility Definition A banquet facility is a facility available for rental and used for the purpose of meetings, parties, ceremonious gatherings, dining or entertainment. For the purposes of this definition, the term rental shall mean to obtain the possession and use of a facility, or a portion ora facility, on a short-term, hourly or daily basis, where occupancy is closed to the general public, in exchange for monetary or other form of compensation. Section 41-199.1. Operational Standards Banquet facilities shall comply with the following development and operational standards: (a) All banquet facilities require a kitchen facility, including but not limited to, an oven, stove, refrigeration, freezer, exhaust hood, grease receptor, cutting and preparation areas, dishwashing area or machine, employee sink and mop, and appropriate counter/service facilities. (b) All banquet facilities require sanitation facilities in compliance with the California Building Code building standards. (c) Whenever there is entertainment with or without alcohol, the banquet facility shall provide a uniformed state licensed security guard, as approved by the chief of police, at the rate of one (1) guard/one hundred (100) attendees, with a minimum of one (1) security guard, or other security measures as approved by the chief of police. The guards shall be present until all attendees have left the premises. (d) All banquet facilities shall provide exterior lighting in compliance with police department requirements. As used herein, a banquet facility is a facility available for rental and used for the purpose of meetings, parties, ceremonious gatherings, dining or entertainment. For the purposes of this definition, the term rental shall mean to obtain the possession and use of a facility, or a portion of a facility, on a short term, hourly or daily basis where occupancy is closed to the general public in exchange for monetary or other form of compensation. 75.A. AA 03-9/GPA 03o5/ ~' ~iilU ii; WEST WALNUT STREET . T ~T XT FIRST STREET AA 03-9/GPA 03-5/ CUP 03-31/VA 03-8 EXHIBIT 9 Page 141 75.A. koo-1/13/04 RESOLUTION NO. 2004-005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING GENERAL PLAN AMENDMENT NO. 2003-05, CONDITIONAL USE PERMIT NO. 2003-31 AS CONDITIONED TO ALLOW RENTAL HOUSING UNITS AND APPROVING VARIANCE NO. 2003-08 AS CONDITIONED FOR A REDUCTION IN PARKING FOR THE PROPERTY LOCATED AT 100 SOUTH MAIN STREET 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: General Plan Amendment No. 2003-05, Conditional Use Permit No. 2003- 31, Variance No. 2003-08 for the property located at 100 South Main Street came before the City Council of the City of Santa Ana for a public hearing January 20, 2004. Applicant has also filed Amendment Application No. 2003-09 seeking to change the zoning district designation for the property located at 100 South Main Street from General Commercial (C2) to Specific Development No. 72 (SD-72) and adopt Specific Development No. 72, both actions also came before the City Council for public hearing on the same night. The Planning Commission of the City of Santa Ana held a duly noticed public hearing on December 22, 2003, on Amendment Application No. 2003-09, the establishment of Specific Development No. 72, General Plan Amendment No. 2003-05, Conditional Use Permit No. 2003-31, and Variance No. 2003-08 for the property located at 100 South Main and determined by a vote of 6:0 (Cribb absent) to recommend that the City Council adopt an ordinance approving Amendment Application No. 2003- 08 and establishing Specific Development No. 72 and a resolution approving General Plan Amendment No. 2003-05, Conditional Use Permit No. 2003-31, and Variance No. 2003-08. General Plan Amendment No. 2003-05 has been filed with the City of Santa Aha to amend the General Plan Land Use Designation from General Commercial (CC) to District Center (DC) for the property located at 100 South Main Street. The intersection and leads directly into the Downtown and Civic Center areas. 75.A. Page 142 Resolutio~ The proposed land use change will improve the visual character of the First and Main Streets intersection, which is identified in the General Plan as a focus intersection, and help to create a vibrant identity at this key location. The land use change is consistent with uses currently found in the adjacent Downtown and Civic Center areas. Conditional Use Permit No. 2002-31 has been filed with the City of Santa Ana seeking to allow the reuse of nine rental housing units for the property located at 100 South Main Street which is located within Specific Development No. 72 (SD-72). SD-72 allows housing units subject to the ssuance of a Conditional Use Permit. Santa ^na Municipal Code Section 41-638 authorizes the City Council to grant a conditional use permit upon making certain findings. Will the proposed uses provide a service or facility, which will contribute to the general well being of the neighborhood or the community? The proposed rehabilitation of the nine rental housing units will contribute to the general well being of the community by promoting medium density housing around the downtown area. Further, encouraging the adaptive re-use of historic buildings will enhance the City's economic and fiscal viability. 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? Conditions have been incorporated into the project to address any adverse impacts that the project will generate as the result of rehabilitation of rental housing units. The units, in conjunction with the proposed conditions, will not be detrimental to the health, safety or general welfare of persons working in the area. iii. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? Page 143 Reso,,,, 75.A. The rehabilitation of the vacant housing units will provide a residential product to the City which needs rental housing. The use will enhance rather than adversely affect the economic development or stability of the area. iV, Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The propose(~ rental housing units are designed to comply with the proposed Specific Development (SD- 72) development standards in conjunction with the proposed conditions. Will the proposed use adversely affect the General Plan or any specific plan of the City? The General Plan has been proposed to change to a District Center (DC) land use designation. The rental housing units would be consistent with the General Plan and the proposed Specific Development (SD-72) to maximize the potential for residential development. Applicant is requesting a variance from SD-72 to allow a reduction in the required parking for the property located at 100 South Main Street. (Variance No. 2003-08) Santa Ana Municipal Code Section 41-638 authorizes the City Council to grant a variance upon making certain findings: i. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, that 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 this chapter. The project site is surrounded by existing commercial developments. The parking reduction is necessary due to the size constraints of the project site. The parking variance will allow the applicant the ability to use the property in a manner that is consistent with similar surrounding commercial uses. ii. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of the variance for the reduction of parking for the restaurant and rental housing units will 75.A. Page 144 preserve the property' owner's ability to develop the property with uses that will benefit the community by rehabilitating an existingvacant structure and facilitating the construction of well designed, high quality, development products that are consistent with the surrounding area. iii. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of the variance will not be materially detrimental to the public welfare or injurious to surrounding property because the proposed restaurant and the reuse of rental products will not generate additional operational impacts on First Street. iv. That the granting of a variance will not adversely affect the General Plan of the City. The granting of the a variance will not adversely affect the General Plan of the City since the proposed restaurant, nine rental housing units and the development of residential product will be designed in conformance with the Specific Development (SD-72) zoning and the proposed General Plan requirements. Section 2. n accordance with the California Environmental Quality Act, the Mitigated Negative Declaration and the Mitigation Monitoring Program for Environmental Review No. 2003-100 was approved and adopted within the Ordinance adopting Amendment Application No. 2003-09 which came before the City Council of the City of Santa Ana on January 20,2004. Section 3. Based upon the evidence submitted at the abovesaid hearing which includes but not is not limited to: the Staff report and exhibits attached thereto; and the public testimony; all of which are incorporated herein by this reference, the City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The City Council hereby, approves General Plan Amendment No. 2003-05 to change the land use designation for the property located at 100 South Main Street from General Commercial (GC) to District Center (DC). B. The City Council of the City of Santa Ana hereby approves Conditional Use Permit No. 2003-31 as conditioned in Exhibit "A" attached hereto and incorporated herein. C. The City Council of the City of Santa Ana hereby approves Variance No. 2003-08 as conditioned in Exhibit "B" attached hereto and incorporated herein. Page 145 Reso; 75.A. Section 4. Should Ordinance No. ~ not become effective, then this resolution is null and void and shall have no further effect. Section 5. This Resolution shall take effect thirty (30) days after its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution ADOPTED this day of January, 2004. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Kylee O. Otto Deputy City Attorney AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers Councilmembers Councilmembers Councilmembers 75.A. Page 146 Resolution No. 2004-XXX Page 5 of 6 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2004- to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana Page 147 Conditions for Approval for Conditional Use Permit No. 2003-31 Conditional Use Permit No. 2003-31 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa ^na Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code and all other applicable regulations, The applicant must comply in full 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. PLANNING DIVISION The project shall remain in compliance with Site Plan Review DP No. 03- 18. Restore or replace in kind and maintain all damaged transom window spindles (grills) and decorative wall ornaments per the Secretary of the Interior Standards. The applicant is required to submit plans to the City for approval for any exterior modifications prior to any construction. The applicant shall use the Secretary. of the Interior Standards, as appropriate, for any rehabilitation of the building not completed per the conditions of Historic Exterior Modification Application No. 2002-03. These conditions included: a. The double doom facing Main Street shall match the existing doom on the same elevation. b. Wood doom, frames and columns shall be used on the south section of the South Main Street elevation. c. Matching brick should be used on bulkheads on the south section of the South Main Street elevation. Any amendment to this cOnditional use permit must be submitted to the Planning Division for review prior to any construction, physical change or change in mode or character of operation. Staff will determine if administrative relief is available or the conditional use permit must be amended. A lot line adjustment must be applied for and approved prior to plan check approval. All approved lot line adjustment actions must be accepted by the City of Santa Ana and duly recorded with the County of Orange and the Grant Deed prior to the issuance of any building permits. 75.A. 7. The pedestrian plaza area shall be enhanced, incorporating decorative paving and incorporate a double row of trees or a specific pattern designed to lead pedestrians through the plaza to the adjacent entrance of the building. 8. The pedestrian plaza area shall be enclosed with an ornamental wrought iron fence with gate along First Street for pedestrians to access. The wrought iron fence shall complement the historic characteristics of the United Automotive building. The maximum height the fence along First Street shall be 48 inches. 9. The applicant is required to submit plans to the City for approval by the Planning Commission for the pedestrian plaza prior to any construction of plaza improvements. These plans shall include a maintenance strategy for long-term maintenance and operation of ail plaza improvements, including all features. 10. The pedestrian plaza area is required to be completed and finaled by the City prior to issuance of a Certificate of Occupancy for the restaurant. 11. The primary entrance door to the restaurant shall be the north vestibule entry of the west elevation. This entrance shall include an interior sound curtain to mitigate interior restaurant ambient noise levels to the exterior. All doors on the west elevation shall remain closed during business hours. 12. The applicant must sign a Right-of-Entry and License Agreement with the City to facilitate the development of a plaza area. 13. The entry doors on the Main Street elevation shall be operable and available for patron use. 14. The restaurant shall be maintained as a bona fide restaurant/eating establishment at all times during all operating hours. 15. Consistent with Section 9 of Specific Development No. 72, a sign program pursuant to 41-880 through 884 of the SAMC shall be submitted prior to issuance of a Certificate of Occupancy. 16. Windows shall not be covered or made opaque in any way. All windows and transparent entrances shall be unobstructed at all times to allow the Police Department an unimpeded view of the interior. 17. Within 60 days of approval of Conditional Use Permit 2003-31, the applicant shall provide for the Planning Commission review an improvement plan for the plaza/courtyard and public art. Any water features shall require routine and ongoing maintenance to ensure operability of the water features at all times. ~ 75.A. MifiRation Measures 18. Prior to the issuance of building permits, the project developer shall submit evidence to the City of Santa Ana of a payment between the developer and the Santa Ana Unified School District to offset school facilities related impacts. 19. Prior to plan check approval, compliance shall be met with the California Code of Regulations, Title 24, regarding pedestrian sidewalk for the northwest corner public right-of-way and along the sidewalk along Main Street between First and Walnut Streets. 20. This project involves construction activities that result in a land disturbance of one or more acres. PrOject owner(s), including the landowner and involved developers, must obtain coverage from the State Water Resource Control Board under the .General Construction Storm Water Permit to discharge storm water associated with construction activity. B. Police Department 3. 4. 5. o The existing building and required parking, for the proposed use must conform with the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project's lighting, door/window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. The applicant shall be responsible for maintaining the premises free of graffiti. All graffiti shall be removed within 24 hours of occurrence. Install a silent armed robbery alarm. The petitioner(s) shall be responsible for maintaining the premises free of litter. The conditional use permit shall be reviewed at ninety days, six months, at one year and then annually thereafter bY the Police Department for any modification to the conditions of approval and shall be reviewed if a conditional use permit for alcohol is applied for. "No Loitering/Trespass" signs/placards shall be posted in the parking lot. The posted signs must conform to Penal Code Section 602. The owner shall require and supply vehicle tags identifying vehicles permitted for tenant parking only. The owner shall post signs for permit parking only. Unauthorized vehicles will be towed away at vehicle owner's expense. 75.A. pa~le~jl~~s0 8. The subject alcoholic beverage license shall not be exchanged for a public premises type of license nor operated as a public premises. 9. The premises shall not be operated as an adult entertainment business as such term defined in Santa ^na Municipal Code Chapter 41-1701.6. 10. Neither the applicant, nor any person or entity operating the premises with the permission of the applicant, shall violate the City's adult entertainment ordinance contained in Santa Ana Municipal Code Section 12-1 and 12-2. 11. No exterior pay phones shall be permitted. All interior payphones will be designed to allow outgoing calls only. 12. No coin operated games, pool tables or other amusement devices not directly related to Internet computer devices Shall be permitted. 13. No gaming tournaments for cash prizes shall be permitted. i~aXgege~TM 75.A. Conditions for Approval for Variance No. 2003-08 Variance No. 2003-08 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 in full with each and every condition listed below prior to exemising the dghts conferred by this variance. 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. Planning Division 1. The project shall remain in compliance with .Site Plan Review DP No. 03- 18. 2. Any amendment to this variance must be submitted to the Planning Division for review, after which staff will determine if administrative relief is available or the variance must be amended. 3. The variance shall be for the restaurant and the nine residential rental units only. 4. A lot line adjustment must be applied for and approved prior to plan check approval. 5. All approved lot line adjustment actions must be accepted by the City of Santa Ana and duly recorded with the County of Orange and the Grant Deed prior to the issuance of any building permits. 6. The pedestrian plaza area shall be enhanced, incorporating decorative paving and incorporate a double row of trees or a specific pattern designed to lead pedestrians through the plaza to the adjacent entrance of the building. 7. The applicant must sign a Right-of-Entry and License Agreement with the city to facilitate the development and use of the plaza area. 8. A demolition permit for the furniture store shall be submitted and approved and the demolition shall occur prior to issuance of grading permit. 9. The applicant is required to submit plans to the City for approval for all parking lot improvements prior to any construction of such improvements. 10. All parking lot construction and improvements shall be completed and finaled by the City prior to issuance of a Certificate of Occupancy for the restaurant. 75.A. Exhibit "B' 11. As proposed by the applicant, the rooftop billboards will be removed. The applicant may request a variance to reinstate one billboard to provide signage for the restaurant, though such variance will be reviewed on its individual merits and in no way will be prejudiced by this variance (2003- 08). Mitiqation Measures 4. 5. 6. 7. 8. 9. All materials excavated or graded will be sufficiently watered to prevent excessive amount of dust. Watering with complete coverage shall occur at least twice daily, once in the late morning and once after work is done for the day. All clearing and earthwork activities shall cease during period of high winds (winds greater than 25 mph averaged over one hour) or during Stage 1 or Stage 2 smog episodes. Streets surrounding the project site should be cleaned at the end of each day of construction. All materials transported off.site shall either be sufficiently watered or securely covered to prevent excessive amounts of dust. The amount of area disturbed by clearing and earthwork activities shall be minimized at all times. To the extent feasible, equipment engines shall be maintained in good condition and in proper tune according to manufacturer's specifications. To the extent feasible, gasoline powered equipment shall be used for onsite and offsite construction activities. Site distance shall be reviewed per City of Santa Ana standards upon preparation of final grading and landscape plans. Prior to issuance of grading permit, complete the following: a. Submit for review and approval a surface drainage/grading/erosion control plan prepared by a registered Civil Engineer, showing the direction and means of flow to the adjacent street. The plan is to include existing and proposed elevations at and adjacent to all property lines. Drainage routed to the street must be directed beneath the sidewalk and through the curb. b. Submit a final surface water runoff evaluation for review and approval showing existing and proposed facilities and methods of draining the site without exceeding the capacity of any street or adjacent storm drain facility. c. Provide proof of coverage under NPDES General Construction Activity Storm Water Permit, which includes a copy of the project Exhibit "B" 75.A' 10. 11. 12. 13. 14. permit number and two copies of the Storm Water Pollution Prevention Plan. d. Prepare an NPDES post-construction storm water management plan in accordance with the Orange County Drainage Area Management Plan (DAMP) that includes all Structural and Non- Structural "Best Management Practices" for the project. e. Submit and have approved a surface drainage/utility plan that includes all Structural "Best Management Practices". f. Provide two copies of the '~/Vater Quality Management Plan" that includes a description of all applicable Structural and Non- Structural "Best Management PractiCes" which may apply to this project. The proposed project will be subject to the City of Santa Aha Federal Clean Water Protection Enterprise Fees. Building plans shall reflect the restaurant be fitted with a grease interceptor and shall be regularly maintained. Prior to the issuance of building permits, the project developer shall submit evidence to the City of Santa Ana of a payment between the developer and the Santa Ana Unified School District to offset school facilities related impacts. Pdor to plan check approval, compliance shall be met with the California Code of Regulations, Title 24, regarding pedestrian sidewalk for the southwest corner public right-of-way and along the sidewalk along Main Street between First and Walnut Streets. This project involves construction activities that result in a land disturbance of one or more acres. Project owner(s), including the landowner and involved developers, must obtain coverage from the State Water Resource Control Board under the General Construction Storm Water Permit to discharge storm water associated with construction activity. Police Department 1. The existing building and required parking for the proposed use must conform with the previsions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project's lighting, doorhvindow locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. 2. The applicant shall be responsible for maintaining the premises free of graffiti. All graffiti shall be removed within 24 hours of occurrence. 75.A. Exhibit "B" : 6'ft54 All pay telephones shall be located inside the promises and designed to allow outgoing calls only. The petitioner(s) shall be responsible for maintaining the promises free of litter. No Loitering/Trespass" signs/placards shall be posted in the parking lot. The posted signs must conform to Penal code Section 602. Exhibit "B" 75.A. ORDINANCE NO. NS-2642 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REZONING THE PROPERTY LOCATED AT 100 SOUTH MAIN STREET FROM GENERAL COMMERCIAL (C2) TO SPECIFIC DEVELOPMENT NO. 72 (SD-72) (AA NO. 2003-09) AND ADOPTING SPECIFIC DEVELOPMENT NO. 72 (SD-72) FOR SAID PROPERTY THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Aha does hereby find, determine and declare as follows: Amendment Application No. 2003-09 has been filed with the City of Santa Aha to change the zoning distdct designation of certain real property located at 100 South Main Street from General Commercial (C2) to Specific Development No. 72 (SD-72). SD-72 would allow retail and service uses (excluding bail bond); commercially operated professional studios; art studios and/or galleries; restaurants (without ddve-thrus); ancillary banquet facilities; Cyber cafes provided use is ancillary to a restaurant; residential units and live/work units (with a Conditional Use Permit) and ceramic, potter, glass blowing, and sculpturing studios (with a Conditional Use Permit). The Planning Commission of the City of Santa Ana held a duly noticed public hearing on December 22, 2003, on Amendment Application No. 2003-09, adopting Specific Development No. 72, General Plan Amendment No. 2003-05, Conditional Use Permit No. 2003-31, and Variance No. 2003-08 for the property located at 100 South Main and determined by a vote of 6:0 (Cribb absent) to recommend that the City Council adopt an ordinance approving Amendment Application No. 2003- 08 and adopting Specific Development No. 72 and a resolution approving General Plan Amendment No. 2003-05, Conditional Use Permit No. 2003- 31, and Variance No, 2003-08. The Planning Commission determined that Amendment Application No. 2003-09 is consistent with the General Plan, including but not limited to its goals and policies to: 1. Support live/work opportunities within specifically defined areas (Policy 1.2). 2. Protect and enhance development sites and districts which are unique community assets that enhance the quality of life (Goal 4.0). 75.A. Page 156 3. Encourage development which is compatible with, and supportive of surrounding land uses (Policy 5.5). 4. Promote development which has a net community benefit and enhances the quality of life. (Policy 5.1). The City Council, prior to taking action on this ordinance, held a duly noticed public hearing on January 20, 2004. The City Council also adopts as findings all facts presented in the Request for Council Action dated January 20, 2004 accompanying this matter. For these reasons, and each of them, Amendment Application No. 2003-09 is hereby found and determined to be consistent with the General Plan of the City of Santa Ana and otherwise justified by the public necessity, convenience, and general welfare. 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. 2003-100 prepared with respect to this Project. It is determined that, as required pursuant to the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, a mitigated negative declaration and mitigation monitoring program adequately addresses the expected environmental impacts of this Project. 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 certifies and approves the mitigated 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, roadways, 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, Section 3. The real property located at 100 South Main Street in Santa Ana is hereby reclassified from General Commercial (C2) to Specific Development No. 72 (SD- 72). Amended Sectional District Map number 13-5-10 showing the above described change in use district designation, shall be prepared and replace the current Maps. Section 4. Specific Development No. 72 (SD-72) as attached to this Ordinance, is approved and adopted in its entirety. Section 5. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of Page 157 75.A. any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or Portions be declared invalid or unconstitutional. ADOPTED this day of ., 2004. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Kylee O. Otto Deputy City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers 75.A. Page 158 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS-2642 to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana Page 159 75.A. SECTION 1 SPECIFIC DEVELOPMENT NO. 72 (First and Main) APPLICABILITY OF ORDINANCE The specific development zoning district for the subject property, as authorized by Chapter 41, Division 26, Section 41-593 et seq., of the Santa Ana Municipal Code, is specifically subject to the standards and regulations contained in this plan for the express purpose of establishing land use regulations and standards. All other applicable chapters, articles, and sections of the Santa Ana Municipal Code shall apply unless expressly waived or superseded by this ordinance. SECTION 2 PURPOSE This Specific Development Plan No. 72 (SD 72) sets forth the development and design criteria for the project known as the Artist Gateway, a mixed used development consisting of approximately 1.7 acres. The purpose of this Specific Development Plan is to permit maximum flexibility in site planning and design to respond to market while assuring high quality development and implementing the goals of the General Plan. SD 72 specifically will establish the following: A. The authorized uses for the site; B. Maximum authorized development densities; C. Development and operational standards including: 1. Architectural Design 2. Parking requirements 3. Setback requirements 4. Building height limits 5. Maximum site coverages 6. Landscaping and signage standards 7. Public and Private Open Space 8. Enfomement policies 9. Signage SECTION3 75.A. OBJECTIVES The SD-72 use district is hereby established for the express purpose of protecting the health, safety, and general welfare of the people of the City by promoting and enhancing the value of properties and encouraging orderly development including: Page 160 Flexibility of development in response to market conditions, while achieving overall City and community goals. Creation of live/work opportunities and moderately priced new housing that encourage the arts and freelance market. Capitalize on the Historic Downtown revitalization, the Artist Village, and the live/work loft projects in the immediate area to allow an opportunity for additional live/work p0ssibilities. A visually harmonious development as viewed both internally and externally. A circulation system that is responsive to the needs of both vehicular and pedestrian travel. Landscaping that is appropriate to the level of development and sensitive to the surrounding community. Create an enhanced access to downtown that promotes a walkabie community, which will assist in the. revitalization the local area. SECTION 4 LOCATION The Specific Development Plan No. 72 includes 1.7 acres and is located at the southwest corner of First and Main Streets, bordered by Walnut and Sycamore Streets. The histodc United Automotive building occupies the northeast comer of the project site. On-site parking is provided on the remainder of the project site. Santa Ana's historic Downtown is located immediately to the north of this development area. The Downtown area is a harmonious blend of histodc buildings, the emerging Artist Village, as well as live/work possibilities and a culturally enriched retail market. This intersection also is recognized as a gateway that leads directly into the Downtown and civic center area. SECTION 5 USES PERMITTED (a) (b) (c) Retail and service uses, excluding bail bonds. Commercially operated professional studios The following creative arts uses: i. ii, iii. iv. Fine arts studios and/or galleries Fiber arts studios and/or galleries Printing, lithography and calligraphy facilities Photography studios Page 161 75.A. (d) (e) (f) Restaurants, cafes, and eating establishments, other than those specified in Section 6, excludir establishments with drive- thru window service. ~, adult entertainment businesses as defined in SAMC section 41-1701.6, night clubs as defined in Chapter 11 and heavier commercial uses such as auto sales or~ ~ itals shall be rohibited inthe SD. Ancillary banquet facilities, subject to development and operational standards set forth in section 41-199.1. Cyber cafes as defined in Santa Ana Municipal Code (SAMC) 41- 45, as an ancillary use to a restaurant, provided they are carried on in accordance with sections 41-1.98.200 of the SAMC as it may be amended from time to time, and provided a ministerial land use certificate is first obtained in accordance with sections 41-675 through 41-677 of the SAMC. With the exception of Section 41- 198.200 (d), which states "N° persons shall be permitted to consume alcohol on the premises" shall not be applied to Land Use Certificates issued for properties within the Specific Development No. 72. SECTION 6 SECTION 7 A. 75.A. CONDITIONALLY PERMITTED USES (a) Fourteen (14) Live/work units. (b) Nine (9) housing units. (c) Ceramic and pottery studios. (d) Glass blowing and sculpturing studios (e) On-site alcohol beverages control license as an ancillary use, in conjunction with an eating establishment. (f) Banquet facilities, as a primary use, subject to development and operational standards set forth in section 41-199-.1. (g) Retail markets having less than twenty thousand (20,000) square feet. (h) Indoor/Outdoor Entertainment as defined in Chapter 41 of the SAMC. DEVELOPMENT STANDARDS Standards for Commercial Development Unless expressly waived or superseded by this ordinance, all commercial development shall comply with the provisions as outlined within Chapter 41, Article 111, Division 13, C2 (General Commercial), of the Santa Ana Municipal Code as it may be amended from time to time. Standards for Live/Work Development Page 162 a) b) Building height in Specific Development 72. No structure shall exceed forty- five (45) feet in height. Yard requirements Specific Development 72. A setback of not less than 15 feet shall be required for any new commercial building. A setback of not less than five (5) feet along any property line to the extent it serves to separate any off-street parking area from the street. Development Density in Specific Development 72 The floor area ratio for commercial development may not exceed 1.0. Additional Development Standards Development standards for SD 72 will be refined in conjunction with the anticipated live/work project through an amendment. This will include architectural design, setbacks and side yard requirements, building height limits, maximum site coverage, private and public open space, guest and customer parking requirements, landscaping standards, signage standards, and public and private open space. The restaurant must be maintained as a bona fide eating establishment. An eating establishment as defined by the Alcoholic Beverage Control Board and the Planning Commission must include the following items: One conventional range/oven An automatic dishwasher A double sink A 25 cubic foot refrigerator A four-foot by six-foot food preparation area The restaurant shall provide a grease interceptor and garbage disposal. Off-Street Parking Specific Development 72 The minimum off-street parking requirements for restaurants, cafes and other eating establishments are as follows: ten (10) spaces for each one thousand (1,000) square feet of gross floor area, including the open-air, plaza dining area. The minimum off-street parking requirements for retail and service uses not otherwise specified in this division are as follows: five (5) spaces for each one thousand (1,000) square feet of gross floor area. Page 163 75.A. c) d) Parking for the residential units shall be provided at a rate of one and a half (1.5) spaces per unit. One space.per unit must be located in a garage. Accessible guest parking at a rate of ten (10) percent of the total number of parking spaces shall be provided. Dedicated parking spaces shall be provided for the existing rental housing component. Landscaping requirements in Specific Development 72 a) b) c) d) A minimum five-foot landscaped front yard setback is required within the parking areas along First Street, Main Street, Walnut Street, and Sycamore Street. The pedestrian plaza area should incorporate a double row of trees or a specific pattern designed to lead pedestrians through the plaza to the adjacent entrance of the building. Vehicular parking may not be located within any required landscaped area. A combination of trees and shrubs as identified in the commercial landscape standards shall be used on all street frontages. The on-site tree should be the same or complement the designated street tree for that particular street. Vines, such as Boston Ivy, shall be used on the trash enclosure. 75.A. Public Art in Specific Development 72 The plaza/courtyard area shall provide amenities that encourage pedestrian use such as seating area and objects of public art. If water features are included in the plaza/courtyard area or other landscaping areas, the water feature shall use non-potable or recycled "gray water" and specialized equipment to conserve water. The amenities provided shall be reviewed and approved by the Planning Division as part of the site plan review process. Pedestrian Plazas and Walkways Specific Development 72 A pedestrian plaza is required in conjunction with the restaurant. The plaza area shall be a minimum of 50 feet by 125 feet and abut on the west elevation of the United Automotive Building. The plaza area shall be enhanced, incorporating decorative paving and shall be enclosed with a decorative wrought iron fence. The applicant will need to execute a Right- of-Entry and License Agreement with the City to develop the plaza area on this parcel. Interior primary pedestrian walkways shall be a minimum of eight feet wide and decorative in design. Walkways are those that connect a pedestrian Page 164 from the parking area to the front entry. A four-foot handicap accessible walkway is to be provided throughout the interior sidewalks and courtyard/plaza areas. The primary entrance door to the restaurant shall be located at the north vestibule entry located on the west elevation to the building restaurant. This entrance shall include an interior sound curtain to mitigate interior restaurant ambient noise levels to the exterior. All doors on the west elevation shall remain closed during business hours. SECTION 8 OPERATIONAL STANDARDS The existing United Automotive Building is listed in the Santa Ana Register of Historical Property and has been categorized as Contributive, Fa(~ade changes or modifications to structures listed on the Santa Ana Register of Historic Properties are subject to review by the Historical Resources Commission. Any new construction or modification, or building relocation requires City review and building permits. Restaurant operations shall be closed at 12:00 a.m. midnight to all patrons and allow for restaurant staff to conduct the necessary closing procedures including clean up until 1!00 a.m. There shall be no business operations between 1:00 a.m. and 5:00 a.m. Page 165 75.A. The new infill residential component is permitted only in combination with individual studios in a manner which provides an integrated working and living environment; All live/work units shall be at least one thousand (1000) square feet in size. The residential component of a live/Work unit shall meet the following standards: It shall have a space of at least five hundred (500) square feet of residential living area. It shall have access to separate bathroom facilities, including a water closet, a wash basin, and a bathtub or shower. It shall have separate kitchen facilities including a kitchen sink, cooking appliances and refrigerator. All such facilities shall have a clear working space of at least thirty (30) inches in front. It shall comply with all Housing Code requirements as modified by section 8-2700 of the Santa Ana Municipal Code. Each individual unit shall accommodate facilities for a washer and dryer. The existing rental housing component shall meet the following standards: It shall have a space of at least three hundred and eighty-two (382) square feet. It shall have access to separate bathroom facilities, including a water closet, a wash basin, and a'bathtub or shower. 75.A. Page 166 It shall have separate kitchen facilities including a kitchen sink, cooking appliances and refrigerator. All such facilities shall have a clear working space of at least thirty (30) inches in front, It shall comply with all Housing Code requirements as modified by section 8-2700 of the Santa Ana Municipal Code. SECTION 9 SlGNAGE STANDARDS All signage shall comply with the provisions as outlined within Chapter 41, Article XI, "On-Premise Signs" of the Santa Ana Municipal Code as it may be amended from time to time. A planned sign program, pursuant to Sections 41-880 through 41-884 of the Santa Ana Municipal Code, shall be required for all buildings to ensure sign compatibility SECTION 10 PLANNING COMMISSION AND CITY COUNCIL APPROVALS This is a key area for future development and this project will set the example for all subsequent residential development in the area. To ensure the quality of the design and the architectural style, as well as the layout of the units, any new development project will require Planning Commission and City Council approvals. Page '167 75.A.