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HomeMy WebLinkAbout2004-005 - Approving General Plan Amendement No. 2003-05koo-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 (GC) 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. Resolution No.2004-005 Page 1 of 13 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 issuance of a Conditional Use Permit. Santa Ana 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. ii. 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? Resolution No. 2004-005 Page 2 of 13 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 proposed 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 4-1-638 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 Resolution No.2004-005 Page 3 of 13 iii. iv. preserve the property owner's ability to develop the property with uses that will benefit the community by rehabilitating an existing vacant structure and facilitating the construction of well designed, high quality, development products that are consistent with the surrounding area. 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. 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. In 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 Aha 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. Resolution No. 2004-005 Page 4 of 13 Section 4. Should Ordinance No. N~ 26;~2 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 20th day of January, 2004. ~M lagy~;I A- I~ulidO APPROVED AS TO FORM: Joseph W. Fletcher City Attorney KyleC~D. Otto Deputtj City Attorney AYES: NOES: ABSTAIN: Councilmembers: Councilmembers: Councilmembers: NOT PRESENT: Councilmembers: Bist, Christy, Franklin, Garcia, Pulido, Solorio (6) None (0) None (0) Alvarez (1) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2004-005 to be the original resolution adopted by the City Council of the City of Santa Ana on January 20, 2004. Date: Clerk of the Council City of Santa Ana Resolution No.2004-005 Page 5 of 13 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 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 exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. 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 doors facing Main Street shall match the existing doors on the same elevation. b. Wood doors, 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. Resolution No. 2004-005 EXHIBIT "A" Page 6 of 13 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 all 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. Miti.qation 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 Resolution No.2004-005 Page 7 of 13 19. 20. and the Santa Ana Unified School District to offset school facilities related impacts. 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. 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. 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. The subject alcoholic beverage license shall not be exchanged for a public premises type of license nor operated as a public premises. The premises shall not be operated as an adult entertainment business as such term defined in Santa Ana Municipal Code Chapter 41-1701.6. Resolution No. 2004-005 Page 8 of 13 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 Aha 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. Resolution No.2004-005 Page 9 of 13 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 exercising the rights 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. Plannin.q 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. Resolution No. 2004-005 Page 10 of 13 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- O8). MitiRation 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 offsite 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 Aha 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 Resolution No.2004-005 Page 11 of 13 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 "Water 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 Ana 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. Prior 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 provisions of Chapter 8, Article II, Division 3 of the Santa Aha 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. 2. The applicant shall be responsible for maintaining the premises free of graffiti. All graffiti shall be removed within 24 hours of occurrence. Resolution No. 2004-005 Page 12 of 13 3, All pay telephones shall be located inside the premises and designed to allow outgoing calls only. The petitioner(s) shall be responsible for maintaining the premises 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. Resolution No.2004-005 Page 13 of 13