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HomeMy WebLinkAbout2005-017 - Approving Conditional Use Permit No. 2004-28 KO - 2/16/05 RESOLUTION NO. 2005-017 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2004-28 AS CONDITIONED, VESTING TENTATIVE TRACT MAP NO. 2004-07 AS CONDITIONED AND SITE PLAN REVIEW NO. 2004-05 FOR THE PROPERTY LOCATED AT 2775 NORTH MAIN STREET (COUNTY MAP NO. 16565) 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: A. Applicant is requesting approval of various entitlements in order to construct the City Place project, which is a mixed use development with approximately 57,700 square feet of commercial space (being a mix of sit- down restaurants, retail and market); and 187 residential units divided as follows; approximately 73 for-sale live-work lofts; approximately 112 for- sale townhomes and 2 single family detached homes, all for the approximately 17.7 acres located at the northeast corner of Main Street and Memory Lane, 2775 North Main Street. On October 25, 2004, the Planning Commission held a duly noticed public hearing, and voted to continue the matter to December 13, 2004. On December 13, 2004 the Planning Commission voted by a vote of 6: 1 (Sinclair opposed) to recommend that the City Council: 1. Adopt a resolution certifying Final Environmental Impact Report (EIR) No. 2004-01. Adopt an ordinance approving Zoning Ordinance Amendment No. 2004-06. Adopt a resolution approving Development Agreement No. 2004- 04. B. C. 2. 3. 4. Adopt a resolution approving Conditional Use Permit No. 2004-28 as conditioned. Adopt a resolution approving Vesting Tentative Tract Map No. 2004-06 (County Map No. 16565) as conditioned. Adopt a resolution approving Site Plan Review No. 2004-05. 5. 6. Resolution 2005-017 Page 1 of 12 D. The City Council of the City of Santa Ana held a duly noticed public hearing on the abovesaid actions for City Place Development on February 7, 2005, and at that time considered all testimony, written and oral. After closing the public hearing, the Council adopted a motion continuing the matter to its February 22, 2005 regular meeting and directing staff to return the Project for approval with the following adjustments: 1. Amend Part II of the Specific Development to permit: a. 185 dwelling units (townhomes and live-work units) as shown on lots 2, 3 and 5 of Vesting Tentative Tract Map No. 16565. b. 1 dwelling unit per acre on Lot 1 of Vesting Tentative Tract Map No. 16565. 2. Amend Section 5 of the Development Agreement to limit development in Phase II to be consistent with the Specific Development, as amended, but retain the concept that the City and Developer shall meet in good faith to consider construction of a residential, for-sale, high-rise tower as part of this Project 3. Amend the Vesting Tentative Tract Map to comply with the revised Specific Development and Development Agreement. 4. Amend the Site Plan and Site Plan Review to comply with the revised Specific Development and Development Agreement. 5. Amend the Final EIR, including the Project Description, consistent with the revised Specific Development and Development Agreement. E. 6. Delete Section 5.1.2 of the Development Agreement related to development of Commercial component tied to Development of hold back units. Vesting Tentative Tract Map No. 2004-07 seeks to subdivide the land and future residential condominiums. The City Council of the City of Santa Ana determines that the following findings have been established: 1. The proposed project, as conditioned, and its design and improvements are consistent with the Low Density Residential land use designation of the General Plan and are otherwise consistent with all other elements of the General Plan and any applicable specific plans. Vesting Tentative Tract Map No. 2004-06 is consistent with the land use designation and density prescribed in the General Plan and will have no adverse affect on the surrounding land uses in the area. Resolution 2005-017 Page 2 of 12 2. The proposed project, as conditioned, conforms to all applicable requirements of the zoning and subdivision codes, as well as other applicable City ordinances. The proposed subdivision conforms to the minimum condominium requirements, as well as meets the letter and intent of the State of California Subdivision Map Act provisions. Vesting Tentative Tract Map No. 2004-06 is in keeping with the provisions of the site plan review (Development Project No. 2003-48) and Chapters 34 and 41 of the Santa Ana Municipal Code, all of which pertain to the subdivision of land and development standards for the site. Further, the map will be consistent with Zoning Ordinance Amendment No. 2004-06. The project site is physically suitable for the type and density of the proposed project. The project site consists of approximately 17.7 acres of land within Specific Development No. 59. The proposed subdivision contains many street frontages, allowing adequate frontage for each parcel. The site and parcels have been determined to be capable of supporting the type and density of the proposed project. There are no physical constraints on the site to preclude development. The design and improvements of the proposed project will not cause substantial environmental damage or substantially and avoidable injure fish or wildlife or their habitat. There are no wetlands or unusual flora or fauna on or around the project site. No development surrounding this site will be substantially affected by this proposal. Environmental Impact Report 2004-01 has been prepared for the proposed project, identifying potential impacts, over- riding considerations and mitigation measures aimed at reducing any environmental impact associated with this project. The design or improvements of the proposed project will not cause serious public health problems. The proposed infill development is for mixed-use development and will be in compliance with all regulations and conditions specified in the Santa Ana Municipal Code and the Specific Development No. 59 development standards in conjunction with the proposed conditions and building requirements. 3. 4. 5. Resolution 2005-017 Page 3 of 12 F. Resolution 2005-017 Page 4 of 12 The design of improvements of the proposed project will not conflict with easements necessary for public access through or use of the property within the proposed project. There are no easements that would affect the use or development of this site. Approval of Vesting Tentative Tract Map No. 2004-06 will not create conflicts with the easements necessary for public access through the property, as no such easements currently exist. Public access will be allowed to the site, as this development as an urban project concept encourages pedestrian and public activity. Applicant is seeking Conditional Use Permit No. 2004-28 to allow the live- work component of the project. Santa Ana Municipal Code Section 41- 638 authorizes the Planning Commission to grant a conditional use permit upon making certain findings. 1. Will the proposed use provide a service or facility, which will contribute to the general welfare of the neighborhood or community? The proposed conditional use permit to allow the construction of 73 live-work studios will provide a residential living with opportunity to commercial businesses. The unique provision of space that can be utilized for dual purposes within a single unit provides a component integral to the mixed-use nature of the City Place project and the zoning goals. The injection of living and working space will provide a lifestyle that has proven successful throughout urban areas within the United States. A live-work project will add to the vibrant dynamics of a mixed-use project, increasing activity within the District Center designation of the General Plan. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety or general welfare of the persons residing or working in the vicinity? The approval of the conditional use permit will not be detrimental to persons residing or working in the area because the use, as conditioned, will not create negative or adverse impacts. Environmental Impact Report 2004-01 has been prepared for the proposed project, identifying potential impacts, over-riding considerations and mitigation measures aimed at reducing any environmental impact associated with this project. The addition of persons within a large vacant portion of north Main Street will assist in promoting the economic viability and enhance the livability for this area. 6. 2. 3. Will the proposed use adversely affect the present economic stability or future economic development of property in the surrounding area? The live-work studios are a suitable and appropriate use within the mixed-use project and the District Center setting. The addition of live-work studio space should increase the patronage to surrounding businesses, thereby enhancing the viability of the businesses. Will the proposed use comply with the regulations and conditions specified in the chapter of the Santa Ana Municipal Code for such use? 4. As conditioned and the approval of Zoning Ordinance Amendment No. 2004-06, the proposed project will be in compliance with all applicable regulations and conditions imposed on live-work studios, pursuant to Chapter 41 of the Santa Ana Municipal Code. Will the proposed use affect the General Plan of the City? The proposed project will not adversely affect the General Plan. The live-work community is consistent with the General Plan Land Use Element designation of District Center and the proposed amendments to Specific Development No. 59. The proposal is supported by the Land Use Element Goal: 2.0, Promote land uses which enhance the City's economic and fiscal viability; and Goal 3.0, To promote a balance of land uses to address basic community needs. A live-work community will assist to further the goals of the District Center designation of the General Plan. Applicant is requesting approval of Site Plan Review No. 2004-05. Santa Ana Municipal Code Section 41-493.5 requires approval of all plans for projects within a specific development district to ensure the project is in conformity with the specific development standards. The Request For Council Action and all matters presented to the Council are incorporated herein by this reference as though fully set forth. Section 2. The City Council of the City of Santa Ana hereby, approves Vesting Tentative Tract Map No. 2004-07 as conditioned in Exhibit "A" attached hereto and incorporated herein. Section 3. The City Council of the City of Santa Ana hereby, approves Conditional Use Permit No. 2004-28 as conditioned in Exhibit "B" attached hereto and incorporated herein. Section 4. City Council of the City of Santa Ana hereby, approves Site Plan Review No. 2004-05. 5. G. H. Resolution 2005-017 Page 5 of 12 Section 5. In case of any dispute between the terms or effect of Vesting Tentative Tract Map No. 2004-06 and the terms or effect of Development Agreement No. 2004-01, the Development Agreement shall prevail. APPROVED AS TO FORM: Joseph W. Fletcher City Attorney AYES: Councilmembers: Bist. Bustamante, Christy. Garcia, Pulido, Solorio (6) NOES: Councilmembers: None (0) None (0) ABSTAIN: Councilmembers: NOT PRESENT: Council members: 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. 2005-017 to be the original resolution adopted by the City Council of the City of Santa Ana on Februarv 22. 2005. Date: .:9- !;;.. ~/l .~ / / . £. ~ 1-/ ..... /<¿ ~~ \ 'X Clerk of the Council U City of Santa Ana ' Resolution 2005-017 Page 6 of 12 Conditions for Approval for Vesting Tentative Tract Map No. 2004-06 Vesting Tentative Tract Map No. 2004-06 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 revocation of the conditional use permit. A. Planning Division 1. Comply with all conditions and requirements from the Development Review Committee (DRC) for the development project (DP 03-48). The Covenants, Conditions and Restrictions (CC&Rs) must be approved by the Planning Manager prior to the issuance of any building permit. Such CC&Rs must contain at a minimum, the following: a. Project Maintenance. b. Standards shall be established for the exterior maintenance of each unit within the community. Graffiti removal will be required within 48 hours. Assignment of repair of perimeter walls will be specified in the CC&Rs in the event of damage. CC&Rs are to be in effect in perpetuity. Any proposed modifications to the CC&Rs will require approval by the City of Santa Ana. The use of professional management to ensure a quality operation and maintenance. A final map must be approved and recorded prior to issuance of building permits. The final map and all improvements required to be made or installed by the subdivider must be in accordance with the design standards and specifications of the Santa Ana Municipal Code and the requirements of the State Subdivision Map Act. c. 2. d. e. f. g. 3. 4. EXHIBIT "A" Resolution 2005-017 Page 7 of 12 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. Two copies of the recorded final map and CC&Rs shall be submitted each to the Planning Division, Fire Department, Building Division and Public Works Agency within 10 days of recordation. Prior to issuance of building permits, the interior building amenities shall be submitted for review by the Planning Division. The amenity package submitted for review shall include but not be limited to flooring, staircase railings, doors and hardware, kitchen appliances and cabinetry, dual bowl sinks and fixtures, tile walls, tiled showers enclosures and kitchen countertops of stone tile or stone slab, or their equivalent. At minimum the amenities will include the equivalent or higher grade of a General Electric Monogram Series product line for the kitchen appliances. All cabinets shall be of a stain grade hard wood. The applicant shall provide a plan for lighting and landscape maintenance. The lighting and landscape plan and design will be reviewed by Planning during the plan check phase. Development, operational and maintenance standards shall be established for the number, style and location of benches. These benches shall be reviewed and approved when the landscapes are submitted into plancheck. Common area amenities shall comply with the following: a. Pursuant to the Plan (Exhibit 1), plazas, drive aisles, pedestrian walkways and common area amenities for the project, shall be completely installed prior to the issuance of a certificate of occupancy for the project phase that includes the open space. Pedestrian walkways shall be provided through all lots to establish pedestrian connectivity throughout the project site as shown on the Plan (Exhibit 1). The amenities to be provided along this pathway shall include decorative concrete, accent lighting, landscape planters with vertical landscape as shown on the Landscape Plan. These improvements in each phase must be completed prior to occupancy of the first unit in the respective phases. Benches and pedestrian seating shall be made of a durable material such as concrete or painted iron and be designed to minimize effects from vandalism, skateboarding and weather. Trash receptacles shall be located in high-activity areas, such as plazas and other public open spaces. The style shall be compatible with other plaza furnishings. All street furniture surfaces, pedestrian-level walls and amenities shall incorporate graffiti resistant coatings. The courtyards in the residential development sites shall include amenities such as informal modern outdoor furniture and seating areas, decorative pavers, landscape trees, plant material and water features. Resolution 2005-017 Page 8 of 12 19. 20. 21. 22. 23. 24. 25. 26. 15. Prior to issuance of building permits, the exterior building amenities, materials and finishes shall be submitted for review and approval by the Planning Division. Prior to submittal into building plan check, revise plans to accommodate a minimum five feet clear width planter along the northern property line of Lot 1 and Lot 2 as identified in Vesting Tentative Tract Map No. 2004-06. Such planter shall accommodate one 24-inch box tree for each 25 lineal feet. Glass storefronts and windows within the retail component shall provide clear glass. The use of opaque or semi-opaque storefronts or glass is prohibited. Prior to submittal into building plancheck, revise the plans for the P1, P2 and P3 residential product types to accommodate a trellis or architectural feature to better articulate the alley facades and provide a framework to support plant material. The courtyard improvements in the residential component shall be completely installed prior to the issuance of any certificate of occupancy within the project phase that includes this portion of the parcel. An open space area measuring a minimum of 70 feet in any direction and containing a minimum of .34 acres of land shall be located near the center of the residential project site and within Lot 2. The open space shall include informal modern outdoor furniture and seating areas, and landscape trees and material. All garages shall provide insulated garage doors with automatic opener and transmitter. The appropriate electronic device shall be installed on the commercial portion of the site to ensure all store carts be kept within the retail area including the surface parking area. Prior to submittal into building plancheck, revise the plans for the P1, P2 and P3 residential product types to accommodate a trellis or architectural feature to better articulate the alley facades and provide a framework to support plant material. Prior to issuance of building permits, submit for review a plan outlining the design of the fire access location. Units designed to accommodate stacked washers and dryers shall provide such appliances. Require a crosswalk and associated traffic signal at Crescent and Memory Lane leading towards Santiago Park. 16. 17. 18. Resolution 2005-017 Page 9 of 12 Conditions for Approval for Conditional Use Permit No. 2004-28 Conditional Use Permit No. 2004-28 is approved subject to compliance to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code, and all other applicable regulations. The applicant must comply 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 revocation of the conditional use permit. A. Plannina Division 1. Comply with all conditions and requirements from the Development Review Committee (DRC) for the development project (DP 03-48). 2. The appropriate electronic device shall be installed on the commercial portion of the site to ensure all store carts be kept within the retail area including the surface parking area. 3. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 4. The buildings shall be of wood or steel construction with a quality and durable exterior materials as shown on the architectural plans, material boards and material specifications submitted for this project. 5. The project shall be constructed in compliance with Santa Ana Municipal Code Chapters 8 and 41 pertaining to live-work units. 6. Prior to issuance of building permits, the interior building amenities shall be submitted for review by the Planning Division. The amenity package submitted for review shall include but not be limited to flooring, staircase railings, doors and hardware, kitchen appliances and cabinetry, dual bowl sinks and fixtures tile walls, tiled showers enclosures and kitchen countertops of stone tile or stone slab, or their equivalent. At minimum the amenities will include the equivalent or higher grade of a General Electric Monogram Series product line for the kitchen appliances. All cabinets shall be of a stain grade hard wood. EXHIBIT "B" Resolution 2005-017 Page 10 of 12 11. 12. 7. The project's units shall include two-car garages with seven of the residential units utilizing two, one car garage spaces per unit (one space of which is not attached) and work studio space on the first floor and living space on the second and third levels. 8. At minimum, seven of the lofts shall be designed to incorporate a B Occupancy (per the California Building Code) on the first floor of the work/studio space to enhance the viability of the work component and to emphasize the pedestrian-oriented design. 9. Interior floor to ceiling heights will be a minimum of ten feet on the first floor and a minimum of nine feet on the second and third floor respectively. 10. The residential component of each live/workshop/studio unit shall meet the following standards: It shall have a space of at least 1,158 square feet of residential living area. It shall have access to separate bathroom facilities including a water closet, a washbasin, 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 30 inches in front. It shall comply with all Housing Code requirements as modified by Section 8-2700 of the Santa Ana Municipal Code. Prohibit all first levels from any encroachment for use as bedroom space. a. b. c. d. Covenants, Conditions, and Restrictions (CC&Rs) must be approved by the Planning Manager prior to the issuance of any building permit. Such CC&Rs must contain at a minimum, the following: a. b. Project Maintenance. Standards shall be established for the exterior maintenance of each unit within the community. Graffiti removal will be required within 48 hours. Assignment of repair of perimeter walls will be specified in the CC&Rs in the event of damage. CC&Rs are to be in effect in perpetuity. Any proposed modifications to the CC&Rs will require approval by the City of Santa Ana. The use of professional management to ensure a quality operation and maintenance. c. d. e. e. f. Resolution 2005-017 Page 11 of 12 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. CC&R's shall include occupancy standards similar to the Olson live/work project. A tentative tract map shall be approved prior to the applicant exercising the rights conferred by this conditional use permit. This conditional use permit shall be null and void and of no force and effect unless and until the City Council, in the exercise of its sole discretion, approves a tentative tract map for this project. All garages shall provide insulated garage doors with automatic opener and transmitter. Prior to issuance of building permits, the exterior building amenities, materials and finishes shall be submitted for review and approval by the Planning Division. Prior to submittal into building plan check, revise plans to accommodate a minimum five feet clear width planter along the northern property line of Lot 1 and Lot 2 as identified in Vesting Tentative Tract Map No. 2004-06. Such planter shall accommodate one 24-inch box tree for each 25 lineal feet. Glass storefronts and windows within the retail component shall provide clear glass. The use of opaque or semi-opaque storefronts or glass is prohibited. Prior to submittal into building plancheck, revise the plans for the P1, P2 and P3 residential product types to accommodate a trellis or architectural feature to better articulate the alley facades and provide a framework to support plant material. Prior to issuance of building permits, submit for review a plan outlining the design of the fire access location. Units designed to accommodate stacked washers and dryers shall provide such appliances. Resolution 2005-017 Page 12 of 12