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Home My WebLink About75A - 3000 & 3001 W. MACARTHUR BLVD. REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: MAY 2, 2005 r TITLE: PUBLIC HEARING - ZONING ORDINANCE AMENDMENT NO. 2005-01 AND CONDITIONAL USE PERMIT NOS. 2005- 05, 2005-06 AND 2005-07 TO AMEND SPECIFIC DEVELOPMENT NO. 58 TO ALLOW TRADE SCHOOLS AND PRIVATE RECREATIONAL FACILITIES - CALVARY CHAPEL OF COSTA MESA, APPLICANT (lA~- CITY MANAGER APPROVED o As Recommended o As Amended o Ordinance on 1st Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION 1. Adopt an ordinance approving Zoning Ordinance Amendment No. 2005-01. 2. Adopt a resolution approving Conditional Use Permit No. 2005-05 as conditioned. 3. Adopt a resolution approving Conditional Use Permit No. 2005-06 as conditioned. 4. Adopt a resolution approving Conditional Use Permit No. 2005-07 as conditioned. PLANNING COMMISSION ACTION On April II, 2005, the Planning. Commission recommended that the City Council adopt an ordinance approving Zoning Ordinance Amendment No. 2005- 01, adopt a resolution approving Conditional Use Permit Nos. 2005-05 as conditioned, 2005-06 as conditioned and 2005-07 as conditioned by a vote of 7:0 to allow private recreational fields and two trade schools within the Specific Development No. 58 (SD-58) zoning district at 3000 and 3100 West MacArthur Boulevard. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibi t A) . 75A-1 Zoning Ordinance Amendment No. 2004-01, Conditional Use Permit Nos. 2005-05, 2005-06 and 2005-06 May 2, 2005 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. St hen G. Ha ding Executive Di ector Planning & Building Agency VF:rb vf/reports/ZOA05-01, CUPs os-os, 05-06, 05-07.cc 75A-2 REQUEST FOR Planning Commission Action ~~ ~~- ;:~Ouca110n 18("') ~ PLANNING COMMISSION SECRETARY PLANNING COMMISSION MEETING DATE: APRIL 11, 2005 TITLE: PUBLIC HEARING - ZONING ORDINANCE AMENDMENT NO. 2005-01 AND CONDITIONAL USE PERMIT NOS. 2005-05, 2005-06 AND 2005-07 FILED BY CALVARY CHAPEL OF COSTA MESA TO AMEND SPECIFIC DEVELOPMENT NO. 58 (SO-58) TO ALLOW TRADE SCHOOLS AND PRIVATE RECREATIONAL FACILITIES Prepared by Verny Carvaj al ~}M Executive Dir~or APPROVED o As Recommended o As Amended o Set Public Hearing For DENIED o Applicant's Request o Staff Recommendation CONTINUED TO ~Ianning Manager RECOMMENDED ACTION Recommend that the City Council: 1. Adopt an ordinance approving Zoning Ordinance Amendment No. 2005- 01. 2. Adopt a resolution approving Conditional Use Permit No. 2005-05 as conditioned. 3. Adopt a resolution approving Conditional Use Permit No. 2005-06 as conditioned. 4. Adopt a resolution approving Conditional Use Permit No. 2005-07 as conditioned. DISCUSSION Request of Applicant Calvary Chapel of Costa Mesa is requesting approval of several entitlements to allow private recreational fields and two trade schools within the Specific Development No. 58 (SD-58) zoning district at 3000 and 3100 West MacArthur Boulevard. Specifically, the applicant is requesting approval of a zoning ordinance amendment to modify the SD-58 standards to conditionally permit private recreational field and trade schools within the boundaries of the Lake Center proj ect. Further, three conditional use permits, one for each trade school and one for the recreational field, are required. EXHIBIT A 75A-3 ZOA05-01/CUP05-05 thru 07 April II, 2005 Page 2 Property Description The Lake Center Business Park is a master planned office and industrial complex consisting of 33 acres of land. The existing business park has been developed as an upscale corporate business center surrounding a centrally located lake. The project site is a 3.5-acre, irregular shaped parcel located along the south side of MacArthur Boulevard between Lake Center Drive and Fairview Street. The proj ect site is improved with an existing six-story, 111,000 square foot office building. The property has 410 on-site parking spaces and a zoning designation of Specific Development No. 58 (SD-58), consistent with its General Plan land use designation of Industrial (IND). Surrounding land uses include industrial warehouses to the north, Calvary Chapel Church to the east, vacant land and commercial offices to the west, and a parking structure and commercial office uses to the south (Exhibits 1 and 2) . Project Description The applicant is requesting approval of a zoning ordinance amendment to allow trade schools and private recreational fields within the Specific Development No. 58 zoning district. If approved, Calvary Chapel proposes to allow two professional trade schools within an existing office building. The Lloyd Anderson Group is leasing a 9,300 square foot tenant space, with the classroom portion occupying approximately 1,501 square feet. The Lloyd Anderson Group is comprised of five corporations specializing in finance and insurance training. The proposed tenant is a California licensed postsecondary vocational educational school specializing in training individuals in automobile finance and insurance management principles. The school will offer courses Monday through Friday from 8:00 a.m. to 5:30 p.m. Further, Hope International University is leasing a 3,900 square foot tenant space, with the classroom portion occupying approximately 2,400 square feet. Hope International University is a specialized professional trade school and accredited institution which offers coursework and instruction for two and four-year degrees in business management and administration. Classes are scheduled year-round in small group format and are offered Monday through Friday, from 8:00 a.m. to 10:30 p.m. 75A-4 ZOA05-01/CUP05-05 thru 07 April 11, 2005 Page 3 With the addition of the two professional trade schools, the project site will require an additional 88 parking spaces. Parking will be provided on the project site along with additional shared parking available through a reciprocal parking easement between the subject sites and the Calvary Chapel Church to the east. There are no proposed changes to the building exterior or parking lot areas (Exhibits 3, 4 and 5) . Finally, Calvary Chapel proposes to operate the Charis recreational field on a vacant parcel at 3100 West MacArthur Boulevard. The proposed facility will be utilized during the weekday for soccer, flag football, and baseball skills under supervision of volunteer instructors. Charis Field will be primarily utilized by Calvary Chapel High School and Maranatha Christian School, located on the main grounds at 3800 South Fairview Road. The project will include a regulation practice soccer field and practice infield. Various site improvements such as a 15-foot landscaped area along Lake Center Drive and MacArthur Boulevard will buffer the field from the street. In addition, a new six-foot decorative slump stone and wrought iron fence with pilasters will surround the perimeter of the practice field along both streets. The proposed parking area to the north will meet city standards for striping, lighting and landscaping and will be integrated with the adjoining parcel to the west. A drop-off area and vehicle access lane will also be provided along the westerly property line and be accessible from both Susan Street and MacArthur Boulevard. A small utility room and restroom will be located on the adjoining parcel along Susan Street and directly accessible to the proposed field (Exhibits 6, 7 and 8) . Analysis of the Issues Zoning Ordinance Amendment No. 2005-01 proposes to amend the Lake Center Specific Development Plan and allow adult trade schools as a conditionally permitted use. The proposed revision is not significantly different from the adult trade school regulations found within Chapter 41 of the Santa Ana Municipal Code as these uses are conditionally permitted in the Professional (P) zoning district. The specific development district was established for the purpose of protecting and enhancing the value, appearance and orderly development of property. In order to facilitate the proposed professional trade school uses and maintain the existing office and commercial components of the project site, the proposed amendments would be appropriate. Parking requirements for the proposed use would revert back to the existing requirements for trade and professional schools currently found in Chapter 41. 75A-5 ZOA05-01/CUP05-05 thru 07 April 11, 2005 Page 4 Given that the proposed trade schools are classified as a use permitted in other office districts, the subj ect site is an appropriate location for the use. The applicant intends to occupy a total of 13,200 square feet of area within the existing building. The parking for the project will be directly tied to the specific floor plans submitted. Any future expansion of trade school uses or deviation from the approved uses or floor plan resulting in a higher parking demand would require a re- evaluation of the conditional use permits by the Planning Commission. The property currently meets the City's parking requirements, as the existing site provides 410 parking spaces, with an additional 59 spaces provided through an existing parking agreement for a total of 469 parking spaces. As proposed, the code requires a total of 419 spaces. In conjunction with the proposed amendment, SD-58 will also be revised to conditionally permit private recreational fields. This would allow an outdoor recreational area for community open space. While the future development of the existing vacant site is uncertain, the applicant desires to use the existing site in conjunction with the existing Christian School operated by Calvary Chapel (Exhibit 9). For over 30 years, Calvary Chapel has been operating at the southwest corner of Fairview Road and MacArthur Boulevard. Due to the success of the church and its associated school activities, Calvary Chapel has purchased the vacant site in an effort to expand its programs. This particular site will provide the space and necessary amenities in order to serve as a practice and recreational field for the existing elementary school and high school. To avoid possible impacts associated with the private recreational field use, it is recommended that conditions be attached to the conditional use permit in order to mitigate any negative impacts associated with the operation of the facility. It is not anticipated that the proposed recreational field, in conjunction with the proposed conditions, will create negative impacts to the surrounding commercial or industrial uses. A total of 41 parking spaces have been provided for the project site, in addition to a drop-off area along the northern property line. Although the code does not establish a requirement for outdoor recreational fields, the facility is considered an ancillary use to the church grounds at 3800 South Fairview. In addition, the site will meet all landscaping standards for commercial uses as required per the Specific Development plan. The proposed amendments support the General Plan policies of encouraging commercial development along arterial streets, promoting rehabilitation of commercial properties, and supporting developments that are harmonious 75A-6 ZOA05-01/CUP05-05 thru 07 April 11, 2005 Page 5 with existing development in the area. Uses such as trade schools, office and open space amenities will further strengthen the City's commercial base, and provide support services and products to the surrounding commercial businesses within the Lake Center Specific Development. Based upon the above analysis, staff recommends that the Planning Commission recommend that the City Council approve Zoning Ordinance Amendment No. 2005-01, Conditional Use Permit No. 2005-05, Conditional Use Permit No. 2005 - 06 and Conditional Use Permit No. 2005 - 07 (Exhibits 10, 11, 12, 13, 14 and 15) . CEQA Compliance This proj ect was reviewed in accordance with the Guidelines for the California Environmental Quality Act. The recommendation is exempt from further review pursuant to Section 15332. This Class 32 exemption allows in-fill developments on properties of less than five acres that meet applicable General Plan and zoning regulations. Categorical Exemption Environmental Review No. 2004-156 will be filed for this project. ! 'II. ~ . rJvr Verny CarvajaJ! Associate Planner VF:JM vf/reports/ZOA05-01, cUPs 05-05, 05-06, 05-07,pc 75A-7 M1 M1 . " ) I Al CARRIA E II SEGERSTROM AV. M1 ~ :~. I M1 M1 / '- __....i~t'.....-.......~..!~.....,= --oJ11 ....... " ,I R4 :: IJ II Jy r----------........'---, 1;;/ ~I ''''~ ~~- t RHRO M1 M1 M1 GARR AV A1 GAAR ...V M1 ~ m 0:: o m 0:: <( r M1 A1 80-4 :;; CO_ EASEMENT --ull I I I I I NCAV I I I I M1 R2-PRD /"' SO-51 "---- C5 p ) R3 M1 80-74 LAKECE 80-6 p M1/ / R1 M1 ~ I ~ --------~ C i t Y o f C 0 S t a M e s a Al -B C-SM C1 C1-MO C2 C3 C3-A C4 C5 GENERAL AGRICULTURAL PARKING MODIFICATION COMMERCIAL SOUTH MAIN COMMUNITY COMMERCIAL COMM. COMMERCIAUMUSEUM DISTRICT GENERAL COMMERCIAL CENTRAL BUSINESS CENTRAL BUSINESS-ARTIST VILLAGE PLANNED SHOPPING CENTER ARTERIAL COMMERCIAL SINGLE FAMILY RESIDENTIAL TWO FAMILY RESIDENCE MULTIPLE DENSITY MULTIPLE FAMILY RESIDENCE SUBURBAN APARTMENTS RESIDENTIAL ESTATE SPECIFIC DEVELOPMENT SPECIFIC PLAN A 1" = 1000 FEET CR GC M1 M2 MO o P PCD PRD COMMERCIAL RESIDENTIAL GOVERNMENT CENTER LIGHT INDUSTRIAL HEAVY INDUSTRIAL MILITARY OPERATIONS OPEN SPACE PROFESSIONAL PLANNED COMMUNITY DEVELOPMENT PLANNED RESIDENTIAL DEVELOPMENT Rl R2 R3 R4 RE SD SP ZOA 05-1/CUP 05-5/CUP 05-6/CUP 05-7 (SO-58) CALVARY CHAPEL OF COSTA MESA, INC. 3000 & 3100 WEST MAC ARTHUR BLVD. A g{' - = 500 FEET AGE N C Y P LAN N N G AND BU LD EXHIBIT 1 75A-8 N G A <( <( ex: f... VJ :::> Q <: -.J <( () ex: lJ.J ::; ::; o () A cW' lJ.J VJ :::> o J: lJ.J ex: <( fN UST fAL S: () ex: lJ.J ::; ::; U S. 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I i Ii i :~ i ill ,I -' l:l'" i I I e t5~ ~ I:~" ~ )~;I " ~~ ~ ~ a W r ~<[ ~ E~g ! I i: ~ ~ ... I " ~ G I " :> r 11:1 ~ I~~ Vi ~ 'I~~ e I 'Il~~ ~ I~~ ,1fl.W I 'I , I I -.-+----~~-------__L 0""':0 t ~ ~ W ~~q g~ ~ d~. ~ ~ N~ru ~w ~~~~~~ ~ ~ ~~g^~~ ~~~~w~ ~ g~~~~~~~ ~ZZ~~a ru =I~~~<J~ ~~~I~~ W .w~~~~~~~ ~~~8C~~G~~=~~~~~~ ~~E~~~~~~~~~:~:~: ~ ~arW~omo+w~~~~~ ~2~Z~a~Juruuz~~~~~~ ~8i8~~~e< ~ u Q U ~ ...; ni 2 (1'l~1dJ..L) } ll'1J1:lS ~ ~ .. '" ~ i e~ ~ ~ ~t; fo ~" 11 ..,. i.1 il ~ "ll i:. ~iii 3 il!~ t5~~Jf 4 OTll..::I SltJVHJ tOlia'6 'OtU..lOJIl'O::> ''01.1\:1 1)~UOS 'P^lQ ...r"lI.tl-"'Y~'OH ',.... 2E:2e: lJdVHJ AtJV^WJ 9La2lG..Ia4.m.j..-........,)a...r.ej .....o-a.. '."1 1Y.l ~1-~ (..., eoz *ltft6 '..... 9(..", ....~.. IIUIC ';)01 ~.mP"'Uq;).ry adeaspu81 X3:.LNV'l: .,-- ~O-fH-~ ~ :31Va I NVld 311S 3dV~SaNVl -.J 0 III , .,. 0 0 (\J c:i z "'- <=l , ~ ~ t ' I w : I I-- !! t----i (/) la~J~S .;aI-\J!Oj ci z ~ -' 0.. '" iJi < '-' u ~ ~ .9:?.;:~ ,< ~ ogu9'zR d:~~ffi~~ 'pAIS JoqJOH ~ " < ~ :;; 'oe; z> ~~ <~ v'" 0< ....~ ~~ <~ ~~ \\~5 ~y /,/ VV / V/ v/ = U I L -.J z " < i~ w ~ " "' ~ ~ ~ 0 ; ~ ~ ~ ~ ~ ~ ~ i 5 ! z I . 0 i ~ ~ " . " ~ ~ ~ ~ 8 w $ i < II 0 " 1 0 ~ ~ <. ~I .~ ;;/ ~ o:~ 0 " . ~" z ~ ~ d w I< C) g ~ ! J ~~ ~ .... ~ . oOUlfB z 0 <( " tt: @ --' > a: Q. "' ~ '" SPECIFIC DEVELOPMENT PLAN NO. 58 SECTION 1 - 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 subj ect 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 The Specific Development Plan Number 58 (SD-58), consisting of standards and regulations, 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. Lake Center Specific Development Plan SD-58 sets forth the development and design criteria for a development consisting of approximately 33 acres. The purpose of this Specific Development Plan is to permit flexibility in site planning and design in response to market conditions while assuring high quality development. Specific Development Plan Number SD-58 specifically establishes for the property the following: . The permitted uses; . Maximum authorized development densities; · Anticipated phasing of on-site development; . Signage provisions; and · Development standards for authorized uses, including building height limits, required setbacks, parking requirements, landscaping provisions and enforcement policies. The EIR sets forth certain required mitigation measures, specified on Exhibit I, attached, which are hereby incorporated as part of this Specific Development Plan No. 58. 1rl~16 Ob-iectives The objectives of the Lake Center Specific Development Plan include the provision of the following: 1. Landscaping that is appropriate to the level of development and sensitive to the surrounding community; 2. A visually harmonious development as viewed both internally and externally; 3. A circulation system that is responsive to the needs of both vehicular and pedestrian travel, particularly pedestrian safety across major arterials serving the subject site; 4. Development that is exclusive of noxious fumes, hazardous materials; toxic or 5. Flexibility in development in response to market conditions while achieving overall City community goals; 6. Creation of new employment opportunities; 7. An integrated sign program that visually enhances the development and is harmonious with the adjacent environs. SECTION 3 - USES PERMITTED Professional and Business Offices 1. General offices providing personal and professional services including, without limit, employment agencies, medical insurance, real estate, travel, trade contractors, architects, engineers, finance, research and development, wherein high technology office use is coupled with minor assembly and/or research, and other similar uses. Commercial/Retail Uses 1. Commercial/retail uses including, but not limited to: service commercial uses such as daycare centers, banks and other financial institutions, delicatessens, food stores, newsstands, automobile support facilities providing services only within the parking structures such as auto detailing, health and exercise centers and other similar uses, office and computer equipment, copy centers and other similar uses, office and computer equipment, copy centers, postal centers, day care and other similar uses. 75A-s17 2. Restaurants, retail commercial, travel services, commercial uses incidental/accessing to office uses. and other Uses per.mitted subiect to conditional use per.mit: 1. Trade and professional schools. 2. Private recreational fields. SECTION 4 - MAXIMUM PERMITTED BUILDING DENSITY/INTENSITY The maximum authorized building densities/intensities for the Lake Center are as follows: 1. 400,890 square feet of existing and approved office and support commercial uses consistent with the site Master Plan. 2. 569,230 square feet of additional floor area. Parking structures and appurtenant uses are not included in the calculation of floor area. Figure 1 illustrates the locations of existing and proposed Master Plan of buildings. SECTION 5 - PHASING PHASE GROSS FLOOR AREA YEAR (SQ. FT. ) 1. Building #1 49,040 1990 2. Building #12 56,000 1990-1991 3. Building #11 104,190 1992 4. Building #17 40,000 1992 5. Building #10 160,000 1993 6 . Building #9 160,000 1994-1995 Year of development, building size and configuration are predicated on market conditions at the time of construction and are subj ect to change as market conditions change or as tenants become available. SECTION 6 - SIGNAGE All future on-site signs shall conform to Article XI, Subsections 41-850 through 41-1099 of the Santa Ana Zoning Code, in effect at the time of adoption of this ordinance. On-site signs shall also be consistent with an approved sign program to be on file with the Santa Ana Planning Division. 75A~18 SECTION 7 - DEVELOPMENT STANDARDS Professional and Business Offices/Commercial/Retail 1. Building Heights. All future on-site uses will be subject to a height limitation of 200 feet above ground level, which is defined as a measurement from the elevation of the top slab of the first floor on-grade to the top of the structure. 2. Setbacks. A minimum of 15 feet setback shall be provided between proposed on- si te uses and right -of -way boundaries for the following streets: Lake Center Drive, Susan Street, Sunflower Avenue and MacArthur. A minimum ten-foot setback will be provided for uses adjacent to internal roadways. 3. Building Separations. Minimum building separation shall be governed by Uniform Building Code requirements, except for parking structures which are not required to be separated from structures on separate parcels, and except for walkway covers, connecting pedestrian access and atrium connections between buildings. 4. Site Coverage. All building setbacks as described in 2 above. Building setbacks shall be maintained for site coverage. Site coverage for individual parcels or tracts shall be consistent with the approved precise plan, provided that the setbacks described above are maintained. 5. Parking. Parking within the Lake Center Specific Development will be designed to take advantage of the urban setting and balance of uses. This is represented by the mixture of similar land uses located within close proximity to transportation facilities. It is the intent of the applicant to provide parking facilities in the form of both surface parking, parking structures above and, possibly, below grade. The parking structures design shall be compatible with the surrounding land uses. The site currently has 508 surface parking spaces and 861 spaces in parking structures. Future on-site buildings will be served by a mix of surface and structure parking (approximately 1,684 parking spaces in parking structures and 289 surface spaces). Future spaces will be provided on a phase-by-phase basis consistent with projected demand coinciding with the construction of the proposed buildings. At build out, projected total parking is anticipated to be 3,342 spaces in a combination of surface and structured parking. 75A~19 a. Location of Parking. Required off-street parking shall be provided. When parking is provided on a site of different ownership, a recorded document shall be approved and filed with the City of Santa Ana, Planning Division, and signed by the owners of the parking site, stipulating to the reservation of use of the site for said parking. b. Joint Use of Parking. Two or more office or commercial uses may jointly develop and utilize required parking facilities if approved by the Planning Division. Parking requirements for each individual use may be reduced through City of Santa Ana (i.e. no compact stalls) as of the date of adoption with regard to surfacing, marking, grading, lighting, walls, circulation, parking dimensions, and layout. Landscaping requirements will be in accordance with this Specific Development Plan. c. Off-Street Parking Plan/Site Plan. A parking plan submitted for all projects requiring more than ten spaces, unless off-street parking facilities are provided. will be parking already The required number of off-street spaces may be reduced commensurate with the specific type of use and demonstrated hourly parking demand upon approval by the Zoning Administrator. For off - street parking plan areas which contain 500 or more parking spaces, a twenty (20) percent reduction may be permitted for required off-street parking, subj ect to approval by the Zoning Administrator. This percentage is based upon representative factors for land use as provided by the Urban Land institute's (ULI) shared parking study. The required number of off-street spaces provided may be further modified contingent upon implementation of a transportation demand management plan for Lake Center, and based upon the results of a verified transportation study, subject to approval by the Planning Division. d. Number of Required Off-Street of off-street parking spaces project area are as follows: Spaces. to be The minimum number provided within the Medical and Dental. space for each 200 whichever is greater. Six spaces square feet for each doctor or one of gross floor area, Professional and Business Offices. One space for each 333 1/3 square feet of gross floor area. 75A@20 Restaurants. Restaurant parking shall be in accordance with the following: Restaurants shall provide one parking space per 100 gross square feet of floor area. Outdoor dining areas may be reduced to provide one space per 200 square feet of gross floor area. Parking requirements may be waived for restaurants which primarily serve an on-site building or can be demonstrated to serve on-site users who will not drive to the site. Commercial. One (1) space for each 200 square feet of gross floor area for any freestanding commercial space larger than 3,000 square feet. Parking requirements shall be waived for commercial and service uses which primarily serve an on-site building, or can be demonstrated to serve on-site users who will not drive to the site. Trade a!1d professio~_Cl.l schools '_u__ One u_pJ2ace_~or each ___1.Q square feet_ of classroomu_area, p~usQ~ace for each 333 square_ feet of off~ce flogr art=a. u.p>- passenger loadinq an~ unloading zone spall be proY:Lded for ea,.Gh building used for instru~tiona~purp~?~s. 6. Landscaping Standards. All areas not used for buildings, parking or storage shall be landscaped using the following guidelines. All landscaped areas shall be irrigated using an automatic irrigation system. The project shall provide landscaping, consistent with the existing landscape theme and existing improvements on-site. Plazas and courtyards shall provide a minimum of 30 percent of the area dedicated to such amenity in landscaping. The design guidelines outlined herein form an integral element in achieving distinctive development character for the project area. As phases are implemented, landscape plans shall be approved which are consistent with and implement these concepts, and are consistent with existing improvements established by a Master Plan on file with the City Planning Division. Detailed landscaping plans shall be submitted to and be approved by the City of Santa Ana Planning Division prior to issuance of a building permit and installed prior to issuance of a certificate of Use and Occupancy. 7 5A~21 a. Setback Areas. To create a unifying element surrounding the project area, a landscaped edge will be maintained adjacent to Lake Center Drive, Susan Street, Sunflower Avenue, MacArthur Boulevard, and interior streets. This edge will contain formal tree plants with turf below. b. Side and Rear Yard Setback Area. All building setback areas shall be landscaped utilizing ground cover, lawn, and/or shrub and tree materials consistent with existing improvements. c. Parking Area. In all areas where there is surface parking, the following standards shall apply: Setback - The width of the landscaped edge adjacent to parking areas shall be a minimum of ten feet from the interior rear and interior side yard property lines. Trees - A landscape planter, not less than five feet by five feet, including the thickness of the raised curb, shall be required consistent with existing improvements, at a ratio of one planter for each four parking spaces. For every ten parking spaceSi each planter will require one 15-gallon size tree, 8 five-gallon size shrubs and ground cover to serve as filler materials. Other organic or inorganic materials are not accepted for substitution for ground cover or turf. 7. Enforcement. The penal provisions and permit requirements set forth in Article VIII of the Santa Ana Municipal Code (effective as of the date of adoption of this Specific Development Plan) shall apply to all development within the Lake Center Specific Development Plan. SECTION 8 - OPERATIONAL STANDARDS 1. Conditions Covenants and Restrictions (CC&R's) shall be provided which requires future tenants and property owners to participate in the required Transportation Demand Management Program and other mitigation measures as specified in the Environmental Impact Report. 2. Each future structure(s) shall be required to submit for Site Plan Review to ensure conformity with the Master Plan and certified Environmental Impact Report to provide the opportunity to apply conditions to ensure compliance. 3. Prior to issuance of a Building Permit, ultimate street right-of-ways on Lake Street per the approved site plan. dedicate curb returns and Center Drive and Susan 75A,,22 4. Prior to issuance of a Utility Release, complete the following: a. Comply with all mitigation measures applicable to the approved Site Plan and as set forth in the Draft EIR, and as modified in the response to comments portion of the EIR. b. Comply with the requirements of the Development Agreement. 75A~23 Conditional Use Permit No. 2005-05 April II, 2005 Page 1 of 2 Findings of Fact A. Will the proposed contribute to the community? use provide a general well service or being of facility which will the neighborhood or The approval of the Lloyd Anderson Group professional trade school as conditioned will establish a professional trade school facility that will provide necessary training services to the surrounding adult community. B. 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? The Lloyd Anderson Group professional trade school as conditioned will not present any detrimental affects to the persons residing or working in the area. Parking concerns are addressed due to the excess of parking on-site and through conditions imposed restricting the applicant to the use of the building to the floor plan submitted and approved in DP No. 04- 51. Any anticipated impacts to health, safety or welfare are sufficiently mitigated through the conditions of approval imposed on this project. C. Will the proposed stability or future the area? use adversely affect the present economic economic development of properties surrounding The proposed professional trade school as conditioned will not create any negative or detrimental impacts on the economic viability of the surrounding area. The professional trade school programs will be conducted within an existing six-story office building and the proposed use will cater to and support the existing professional office environment. D. will the proposed use comply with the regulations specified in Chapter 41 of the Santa Ana Municipal use? and condi t ions Code for such The proposed consistent and specified in Development No. professional trade school as conditioned is will comply with all regulations and conditions the Santa Ana Municipal Code and Specific 58 (SD-58) pertaining to such use. 7!l'!2a Conditional Use Permit No. 2005-05 April 11, 2005 Page 2 of 2 E. will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed professional trade school will be consistent with the General Plan and will not have any adverse impacts on the General Plan designation of Industrial (IND). 75A-25 APRIL 11,2005 PAGE 1 OFl Conditions of Approval Conditional Use Permit No. 2005-05 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with 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. In addition, it shall meet the following conditions of approval: The applicant must comply with each and every condition listed below prior to exercising the rights conferred by the 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 1. All proposed site improvements must conform to the Site Plan Review approval of DP No. 04-51. 2. A total of 419 parking spaces are provided for the trade school, office and commercial uses on site. The parking provided for the proj ect is based on the floor plan configuration approved for the development project (DP No. 04-51). Any proposed floor plan modification, which would result in a higher parking demand, would require a review of the conditional use permit. 3. The conditional use permit shall be reviewed at six months, nine months, and one year. ~l~26 Conditional Use Permit No. 2005-06 April II, 2005 Page 1 of 2 Findings of Fact A. Wi 11 the proposed contribute to the community? use provide a general well service or being of facility which will the neighborhood or The approval of the professional trade school as conditioned will establish an additional accredited University that will provide necessary training services and educational opportunities the surrounding community. B. 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? Hope International University as conditioned will not present any detrimental affects to the persons residing or working in the area. Parking concerns are addressed due to the excess of parking on-site and through conditions imposed restricting the applicant to the use of the building to the floor plan submitted and approved in DP No. 04-51. Any anticipated impacts to health, safety or welfare are sufficiently mitigated through the conditions of approval imposed on this project. C. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed professional trade school as conditioned will not create any negative or detrimental impacts on the economic viability of the surrounding area. The professional trade school programs will be conducted within an existing six-story office building and the proposed use will cater to and support the existing professional office environment. D. Will the proposed use comply with the regulations specified in Chapter 41 of the Santa Ana Municipal use? and condi t ions Code for such The proposed consistent and specified in Development No. professional trade school as conditioned is will comply with all regulations and conditions the Santa Ana Municipal Code and Specific 58 (SD-58) pertaining to such use. 7!~~T2tt Conditional Use Permit No. 2005-06 April 11, 2005 Page 2 of 2 E. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed professional trade school will be consistent with the General Plan and will not have any adverse impacts on the General Plan designation of Industrial (IND). 75A-28 APRIL 11,2005 PAGE 1 OFl Conditions of Approval Conditional Use Permit No. 2005-06 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with 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. In addition, it shall meet the following conditions of approval: The applicant must comply with each and every condition listed below prior to exercising the rights conferred by the 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 1. All proposed site improvements must conform to the Site Plan Review approval of DP No. 04-51. 2. A total of 419 parking spaces are provided for the trade school, office and commercial uses on site. The parking provided for the project is based on the floor plan configuration approved for the development project (DP No. 04-51). Any proposed floor plan modification, which would result in a higher parking demand, would require a review of the conditional use permit. 3. The conditional use permit shall be reviewed at six months, nine months, and one year. EXHIBIT 13 75A-29 Conditional Use Permit No. 2005-07 April 11, 2005 Page 1 of 2 Findings of Fact A. Will the proposed contribute to the community? use provide a general well service or being of facility which will the neighborhood or The Charis Recreational Field will provide a service to the area by providing the resources students need to increase their physical competence. The proj ect will provide the space and amenities needed to introduce a practice field for the school sports programs. The additional landscape improvements and decorative fencing will contribute to the need for open space and provide visual relief from a previously vacant site. B. 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? The proposed private recreational facility will not be detrimental to the welfare of persons in the area, as the proj ect will provide a supportive environment for children of the Calvary Chapel School. These services will increase the safety and welfare of children in the community. C. Will the proposed stability or future the area? use adversely affect the present economic economic development of properties surrounding The project will help the stability and future economic development of the area through the additional landscaping, fencing and visual improvements to an otherwise vacant site. D. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The proj ect will comply with all applicable city codes and standards pertaining to the recreational field use. EXHIBIT 14 75A-30 Conditional Use Permit No. 2005-07 April 11, 2005 Page 2 of 2 E. Will the proposed use adversely affect the General Plan or any specific plan of the City? The operation of a private recreational practice field will have no affect on the City's General Plan. Private recreational fields are permitted subject to conditional use permit within the Specific Development No. 58 (SD-58) zoning district. 75A-31 APRIL 11, 2005 PAGE tOFt Conditions for Approval Conditional Use Permit No. 2005-07 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 1. Comply with Development Review Committee comments dated July 1, 2004 for Site Plan Review DP No. 04-50. 2. Any amendment to this conditional use permit must be submitted to the Planning Division and Police Department for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. Golf range style nets shall be installed along Lake Center Drive to prevent balls and other objects from entering the street or causing damage to nearby structures. 4. All lighting shall be designed and installed to direct, shield, and confine direct rays of light to within the boundaries of the development site. Lighting shall not glare onto or direct exposed lights onto adjacent properties. 5. Provide a minimum of 41 parking spaces. All stalls shall be double striped and shall not encroach into required landscape areas. 6. The conditional use permit shall be reviewed at 90 days, six months, and annually thereafter by the Planning Division in order to determine compliance with the above conditions or for any modification to the conditions of approval. EXHIBIT 15 75A-32 ORDINANCE NO. NS-2684 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SPECIFIC DEVELOPMENT NO. 58 (SO-58) (ZOA NO. 2005-01) THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana does hereby find, determine and declare as follows: A. Zoning Ordinance Amendment No. 2005-01 has been filed with the City of Santa Ana to amend the Specific Development No. 58 (SD- 58) to modify the SO-58 standards to conditionally permit private recreational field and trade schools within the boundaries of the Lake Center project. B. On October 15, 1990, the City Council created Specific Development No. 58 (NS-2089). C. The Planning Commission of the City of Santa Ana held a duly noticed public hearing on April 11, 2005, and unanimous voted to recommend that the City Council: 1. Adopt an ordinance approving Zoning Ordinance Amendment No. 2005-01. 2. Adopt a resolution approving Conditional Use Permit No. 2005-05 as conditioned. 3. Adopt a resolution approving Conditional Use Permit No. 2005-06 as conditioned. 4. Adopt a resolution approving Conditional Use Permit No. 2005-07 as conditioned. D. On May 2, 2005 the City Council of the City of Santa Ana held a duly noticed public hearing on Zoning Ordinance Amendment No. 2005-01, Conditional Use Permit No. 2005-05, Conditional Use Permit No. 2005-06, and Conditional Use Permit No. 2005-07. E. Zoning Ordinance Amendment No. 2005-01 is consistent with the General Plan, including but not limited to its goals and policies to: 1. Encourage the location of commercial centers at arterial roadway intersections in commercial districts. (Policy 1.9) 2. Promote rehabilitation of commercial properties, and encourage increased levels of capital investment. (Policy 2.7) Ordinance No, NS- XXX Page 1 of 3 75A-33 3. Support new development which is harmonious in scale and character with existing development in the area. (Policy 2.9) F. Zoning Ordinance Amendment No. 2005-01 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. G. This project was reviewed in accordance with the Guidelines for the California Environmental Quality Act. The recommendation is exempt from further review pursuant to Section 15332. This Class 32 exemption allows in-fill developments on properties of less than five acres that meet applicable General Plan and zoning regulations. Categorical Exemption Environmental Review No. 2004-156 will be filed for this project. Section 2. Specific Development No. 58 (SO-58) is hereby amended as set forth in Exhibit "A", attached hereto and incorporated as though fully set forth herein. Section 3. 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 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 anyone or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this _ day of May, 2005. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Kylee O. Otto Assistant City Attorney Ordinance No, NS- XXX Page 2 of 3 75A-34 AYES: Council members NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS-2684 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 Ordinance No. NS- XXX Page 3 of 3 75A-35 SPECIFIC DEVELOPMENT PLAN NO. 58 SECTION 1 - 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 The Specific Development Plan Number 58 (SO-58), consisting of standards and regulations, 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. Lake Center Specific Development Plan SO-58 sets forth the development and design criteria for a development consisting of approximately 33 acres. The purpose of this Specific Development Plan is to permit flexibility in site planning and design in response to market conditions while assuring high quality development. Specific Development Plan Number SO-58 specifically establishes for the property the following: . The permitted uses; · Maximum authorized development densities; · Anticipated phasing of on-site development; · Signage provisions; and · Development standards for authorized uses, including building height limits, required setbacks, parking requirements, landscaping provisions and enforcement policies. The EIR sets forth certain required mitigation measures, specified on Exhibit I, attached, which are hereby incorporated as part of this Specific Development Plan No. 58. Exhibit "A" Page 1 of 8 75A-36 Obiectives The objectives of the Lake Center Specific Development Plan include the provision of the following: 1. Landscaping that is appropriate to the level of development and sensitive to the surrounding community; 2. A visually harmonious development as viewed both internally and externally; 3. A circulation system that is responsive to the needs of both vehicular and pedestrian travel, particularly pedestrian safety across major arterials serving the subject site; 4. Development that is exclusive of noxious fumes, toxic or hazardous materials; 5. Flexibility in development in response to market conditions while achieving overall City community goals; 6. Creation of new employment opportunities; 7. An integrated sign program that visually enhances the development and is harmonious with the adjacent environs. SECTION 3 - USES PERMITTED Professional and Business Offices 1. General offices providing personal and professional services including, without limit, employment agencies, medical insurance, real estate, travel, trade contractors, architects, engineers, finance, research and development, wherein high technology office use is coupled with minor assembly and/or research, and other similar uses. Commercial/Retail Uses 1. Commercial/retail uses including, but not limited to: service commercial uses such as daycare centers, banks and other financial institutions, delicatessens, food stores, newsstands, automobile support facilities providing services only within the parking structures such as auto detailing, health and exercise centers and other similar uses, office and computer equipment, copy centers and other similar uses, office and computer equipment, copy centers, postal centers, day care and other similar uses. Exhibit" A" Page 2 of 8 75A-37 2. Restaurants, retail commercial, travel services, and other commercial uses incidental/accessing to office uses. Uses permitted subject to conditional use permit: 1. Trade and professional schools. 2. Private recreational fields. SECTION 4 - MAXIMUM PERMITTED BUILDING DENSITYIINTENSITY The maximum authorized building densitieslintensities for the Lake Center are as follows: 1. 400,890 square feet of existing and approved office and support commercial uses consistent with the site Master Plan. 2. 569,230 square feet of additional floor area. Parking structures and appurtenant uses are not included in the calculation of floor area. Figure 1 illustrates the locations of existing and proposed Master Plan of buildings. SECTION 5 - PHASING PHASE GROSS FLOOR YEAR AREA (SQ. FT.) 1 . Building #1 49,040 1990 2. Building #12 56,000 1990-1991 3. Building #11 104,190 1992 4. Building #17 40,000 1992 5. Building #10 160,000 1993 6. Building #9 160,000 1994-1995 Year of development, building size and configuration are predicated on market conditions at the time of construction and are subject to change as market conditions change or as tenants become available. SECTION 6 - SIGNAGE All future on-site signs shall conform to Article XI, Subsections 41-850 through 41-1099 of the Santa Ana Zoning Code, in effect at the time of adoption of this ordinance. On-site signs shall also be consistent with an approved sign program to be Exhibit" A" Page 3 of 8 75A-38 on file with the Santa Ana Planning Division. SECTION 7 - DEVELOPMENT STANDARDS Professional and Business Offices/Commercial/Retail 1. Buildinq Heiqhts. All future on-site uses will be subject to a height limitation of 200 feet above ground level, which is defined as a measurement from the elevation of the top slab of the first floor on-grade to the top of the structure. 2. Setbacks. A minimum of 15 feet setback shall be provided between proposed on-site uses and right-of-way boundaries for the following streets: Lake Center Drive, Susan Street, Sunflower Avenue and MacArthur. A minimum ten-foot setback will be provided for uses adjacent to internal roadways. 3. Buildinq Separations. Minimum building separation shall be governed by Uniform Building Code requirements, except for parking structures which are not required to be separated from structures on separate parcels, and except for walkway covers, connecting pedestrian access and atrium connections between buildings. 4. Site Coveraqe. All building setbacks as described in 2 above. Building setbacks shall be maintained for site coverage. Site coverage for individual parcels or tracts shall be consistent with the approved precise plan, provided that the setbacks described above are maintained. 5. Parkinq. Parking within the Lake Center Specific Development will be designed to take advantage of the urban setting and balance of uses. This is represented by the mixture of similar land uses located within close proximity to transportation facilities. It is the intent of the applicant to provide parking facilities in the form of both surface parking, parking structures above and, possibly, below grade. The parking structures design shall be compatible with the surrounding land uses. The site currently has 508 surface parking spaces and 861 spaces in parking structures. Future on-site buildings will be served by a mix of surface and structure parking (approximately 1,684 parking spaces in parking structures and 289 surface spaces). Future spaces will be provided on a phase-by-phase basis consistent with projected demand coinciding with the construction of the proposed buildings. At build out, projected total parking is anticipated to be 3,342 spaces in a combination of surface and structured parking. Exhibit "A" Page 4 of 8 75A-39 a. Location of ParkinQ. Required off-street parking shall be provided. When parking is provided on a site of different ownership, a recorded document shall be approved and filed with the City of Santa Ana, Planning Division, and signed by the owners of the parking site, stipulating to the reservation of use of the site for said parking. b. Joint Use of ParkinQ. Two or more office or commercial uses may jointly develop and utilize required parking facilities if approved by the Planning Division. Parking requirements for each individual use may be reduced through City of Santa Ana (Le. no compact stalls) as of the date of adoption with regard to surfacing, marking, grading, lighting, walls, circulation, parking dimensions, and layout. Landscaping requirements will be in accordance with this Specific Development Plan. c. Off-Street Parkinq Plan/Site Plan. A parking plan will be submitted for all projects requiring more than ten parking spaces, unless off- street parking facilities are already provided. The required number of off-street spaces may be reduced commensurate with the specific type of use and demonstrated hourly parking demand upon approval by the Zoning Administrator. For off-street parking plan areas which contain 500 or more parking spaces, a twenty (20) percent reduction may be permitted for required off-street parking, subject to approval by the Zoning Administrator. This percentage is based upon representative factors for land use as provided by the Urban Land institute's (ULI) shared parking study. The required number of off-street spaces provided may be further modified contingent upon implementation of a transportation demand management plan for Lake Center, and based upon the results of a verified transportation study, subject to approval by the Planning Division. d. Number of Required Off-Street Spaces. The minimum number of off-street parking spaces to be provided within the project area are as follows: Medical and Dental. Six spaces for each doctor or one space for each 200 square feet of gross floor area, whichever is greater. Professional and Business Offices. One space for each 333 1/3 square feet of gross floor area. Exhibit "A" Page 5 of 8 75A-40 Restaurants. Restaurant parking shall be in accordance with the following: Restaurants shall provide one parking space per 100 gross square feet of floor area. Outdoor dining areas may be reduced to provide one space per 200 square feet of gross floor area. Parking requirements may be waived for restaurants which primarily serve an on-site building or can be demonstrated to serve on-site users who will not drive to the site. Commercial. One (1) space for each 200 square feet of gross floor area for any freestanding commercial space larger than 3,000 square feet. Parking requirements shall be waived for commercial and service uses which primarily serve an on-site building, or can be demonstrated to serve on-site users who will not drive to the site. Trade and professional schools. One space for each 40 square feet of classroom area, plus one space for each 333 square feet of office floor area. A passenqer loadinq and unloadinq zone shall be provided for each buildinq used for instructional purposes. 6. Landscapinq Standards. All areas not used for buildings, parking or storage shall be landscaped using the following guidelines. All landscaped areas shall be irrigated using an automatic irrigation system. The project shall provide landscaping, consistent with the existing landscape theme and existing improvements on-site. Plazas and courtyards shall provide a minimum of 30 percent of the area dedicated to such amenity in landscaping. The design guidelines outlined herein form an integral element in achieving distinctive development character for the project area. As phases are implemented, landscape plans shall be approved which are consistent with and implement these concepts, and are consistent with existing improvements established by a Master Plan on file with the City Planning Division. Detailed landscaping plans shall be submitted to and be approved by the City of Santa Ana Planning Division prior to issuance of a building permit and installed prior to issuance of a certificate of Use and Occupancy. Exhibit "A" Page 6 of 8 75A-41 a. Setback Areas. To create a unifying element surrounding the project area, a landscaped edge will be maintained adjacent to Lake Center Drive, Susan Street, Sunflower Avenue, MacArthur Boulevard, and interior streets. This edge will contain formal tree plants with turf below. b. Side and Rear Yard Setback Area. All building setback areas shall be landscaped utilizing ground cover, lawn, and/or shrub and tree materials consistent with existing improvements. c. Parkinq Area. In all areas where there is surface parking, the following standards shall apply: Setback - The width of the landscaped edge adjacent to parking areas shall be a minimum of ten feet from the interior rear and interior side yard property lines. Trees - A landscape planter, not less than five feet by five feet, including the thickness of the raised curb, shall be required consistent with existing improvements, at a ratio of one planter for each four parking spaces. For every ten parking spaces; each planter will require one 15-gallon size tree, 8 five-gallon size shrubs and ground cover to serve as filler materials. Other organic or inorganic materials are not accepted for substitution for ground cover or turf. 7. Enforcement. The penal provisions and permit requirements set forth in Article VIII of the Santa Ana Municipal Code (effective as of the date of adoption of this Specific Development Plan) shall apply to all development within the Lake Center Specific Development Plan. SECTION 8 - OPERATIONAL STANDARDS 1. Conditions Covenants and Restrictions (CC&R's) shall be provided which requires future tenants and property owners to participate in the required Transportation Demand Management Program and other mitigation measures as specified in the Environmental Impact Report. 2. Each future structure(s) shall be required to submit for Site Plan Review to ensure conformity with the Master Plan and certified Environmental Impact Report to provide the opportunity to apply conditions to ensure compliance. 3. Prior to issuance of a Building Permit, dedicate curb returns and ultimate street right-of-ways on Lake Center Drive and Susan Street per the approved site plan. 4. Prior to issuance of a Utility Release, complete the following: Exhibit "A" Page 7 of 8 75A-42 a. Comply with all mitigation measures applicable to the approved Site Plan and as set forth in the Draft EIR, and as modified in the response to comments portion of the EIR. b. Comply with the requirements of the Development Agreement. Exhibit "A" Page 8 of 8 75A-43 KO-04/26/05 RESOLUTION NO. 2005-046 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2005-05 AS CONDITIONED TO ALLOW A TRADE SCHOOL AT 3000 WEST MACARTHUR BOULEVARD, SUITE 300; APPROVING CONDITIONAL USE PERMIT NO. 2005-06 AS CONDITIONED TO ALLOW A TRADE SCHOOL AT 3000 WEST MACARTHUR BOULEVARD, SUITE 320; AND APPROVING CONDITIONAL USE PERMIT NO. 2005-07 AS CONDITIONED TO ALLOW A PRIVATE RECREATIONAL FIELD AT 3100 WEST MACARTHUR BOULEVARD 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 requested approval of Conditional Use Permit No. 2005-05 to allow a trade school at 3000 West MacArthur Boulevard, Suite 300; Conditional Use Permit No. 2005-06 to allow a Trade school at 3000 West MacArthur Boulevard, Suite 320; and Conditional Use Permit No. 2005-07 to allow a private recreational field at 3100 West MacArthur Boulevard. B. Applicant also filed Zoning Ordinance Amendment No. 2005-01 with the City of Santa Ana seeking to amend the Specific Development No. 58 (SO-58) to modify the SO-58 standards to conditionally permit private recreational fields and trade schools within the boundaries of the Lake Center project. C. The Planning Commission of the City of Santa Ana held a duly noticed public hearing on April 11, 2005, and unanimous voted to recommend that the City Council: 1. Adopt an ordinance approving Zoning Ordinance Amendment No. 2005-01 . 2. Adopt a resolution approving Conditional Use Permit No. 2005-05 as conditioned. 75A-44 Resolution No, 2005- Page 1 of 6 3. Adopt a resolution approving Conditional Use Permit No. 2005-06 as conditioned. 4. Adopt a resolution approving Conditional Use Permit No. 2005-07 as conditioned. D. On May 2, 2005 the City Council of the City of Santa Ana held a duly noticed public hearing on Zoning Ordinance Amendment No. 2005-01, Conditional Use Permit No. 2005-05, Conditional Use Permit No. 2005-06, and Conditional Use Permit No. 2005-07. E. Applicant has requested approval of Conditional Use Permit No. 2005-05 to allow a trade school at 3000 West MacArthur Boulevard, Suite 300. Specific Development No. 58 (SO-58) allows a trade and professional school subject to the approval 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. 1 . Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? The approval of the Lloyd Anderson Group professional trade school as conditioned will establish a professional trade school facility that will provide necessary training services to the surrounding adult community. 2. 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? The Lloyd Anderson Group professional trade school as conditioned will not present any detrimental affects to the persons residing or working in the area. Parking concerns are addressed due to the excess of parking on-site and through conditions imposed restricting the applicant to the use of the building to the floor plan submitted and approved in DP No. 04-51. Any impacts to health, safety or welfare are sufficiently mitigated through the conditions of approval imposed on this project. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed professional trade school as conditioned will not create any negative or detrimental impacts on the economic viability of the surrounding area. The professional 75A-45 Resolution No. 2005- Page 2 of 6 trade school programs will be conducted within an existing six-story office building and the proposed use will cater to and support the existing professional office environment. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 of the Santa Ana Municipal Code for such use? The proposed professional trade school as conditioned is consistent and will comply with all regulations and conditions specified in the Santa Ana Municipal Code and Specific Development No. 58 (SO-58) pertaining to such use. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed professional trade school will be consistent with the General Plan and will not have any adverse impacts on the General Plan designation of Industrial (IND). F. Applicant has requested approval of Conditional Use Permit No. 2005-06 to allow a trade school at 3000 West MacArthur Boulevard, Suite 310. Specific Development No. 58 (SO-58) allows a trade and professional school subject to the approval 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. 1. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? The approval of the professional trade school as conditioned will establish an additional accredited University that will provide necessary training services and educational opportunities the surrounding community. 2. 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? Hope International University as conditioned will not present any detrimental affects to the persons residing or working in the area. Parking concerns are addressed due to the excess of parking on-site and through conditions imposed restricting the applicant to the use of the building to the floor plan submitted and approved in DP No. 04-51. Any impacts to health, safety or welfare are sufficiently mitigated through the conditions of approval imposed on this project. 75A-46 Resolution No. 2005- Page 3 of 6 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed professional trade school as conditioned will not create any negative or detrimental impacts on the economic viability of the surrounding area. The professional trade school programs will be conducted within an existing six-story office building and the proposed use will cater to and support the existing professional office environment. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 of the Santa Ana Municipal Code for such use? The proposed professional trade school as conditioned is consistent and will comply with all regulations and conditions specified in the Santa Ana Municipal Code and Specific Development No. 58 (SO-58) pertaining to such use. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed professional trade school will be consistent with the General Plan and will not have any adverse impacts on the General Plan designation of Industrial (IND). G. Applicant has requested approval of Conditional Use Permit No. 2005-07 to allow a trade school at 3100 West MacArthur Boulevard. Specific Development No. 58 (SO-58) allows private recreational fields subject to the approval 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. 1. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? The Charis Recreational Field will provide a service to the area by providing the resources students need to increase their physical competence. The project will provide the space and amenities needed to introduce a practice field for the school sports programs. The additional landscape improvements and decorative fencing will contribute to the need for open space and provide visual relief from a previously vacant site. Resolution No. 2005- Page 4 of 6 75A-47 2. 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? The proposed private recreational facility will not be detrimental to the welfare of persons in the area, as the project will provide a supportive environment for children of the Calvary Chapel School. These services will increase the safety and welfare of children in the community. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The project will help the stability and future economic development of the area through the additional landscaping, fencing and visual improvements to an otherwise vacant site. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The project will comply with all applicable city codes and standards pertaining to the recreational field use. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The operation of a private recreational practice field will have no affect on the City's General Plan. Private recreational fields are permitted subject to conditional use permit within the Specific Development No. 58 (SO-58) zoning district. H. This project was reviewed in accordance with the Guidelines for the California Environmental Quality Act. The recommendation is exempt from further review pursuant to Section 15332. This Class 32 exemption allows in-fill developments on properties of less than five acres that meet applicable General Plan and zoning regulations. Categorical Exemption Environmental Review No. 2004-156 will be filed for this project Section 2. The City Council after conducting the public hearing hereby approves: A. Conditional Use Permit No. 2005-05 as conditioned in Exhibit "A" attached hereto and incorporated herein. B. Conditional Use Permit No. 2005-06 as conditioned in Exhibit "B" attached hereto and incorporated herein. C. Conditional Use Permit No. 2005-07 as conditioned in Exhibit "C" attached hereto and incorporated herein. 75A-48 Resolution No. 2005- Page 5 of 6 These decisions are based upon the evidence submitted at the abovesaid hearing, which includes but not is not limited to: the Request for Council Action dated May 2,2005 and exhibits attached thereto; and the public testimony written and oral, all of which are incorporated herein by this reference. Section 3. This Resolution shall not be effective unless and until Ordinance No. NS-2684 becomes effective. If said ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise do not go into effect for any reason, then this resolution shall be null and void and have no further force and effect. Section 4. This decision rendered by the City Council of the City of Santa Ana is final and is subject to judicial review pursuant to California Code of Civil Procedure section 1094.6. The Clerk of the Council shall give direct notice to the applicant of the Council's decision and these findings. ADOPTED this day of May, 2005 Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee O. Otto Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers 75A-49 Resolution No, 2005- Page 6 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. 2004-046 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 75A-50 Resolution No. 2005- Page 7 of 6 Conditions for Approval for Conditional Use Permit No. 2005-05 Conditional Use Permit No. 2005-05 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with 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. In addition, it shall meet the following conditions of approval: The applicant must comply with each and every condition listed below prior to exercising the rights conferred by the 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. Planninq Division 1. All proposed site improvements must conform to the Site Plan Review approval of DP No. 04-51. 2. A total of 419 parking spaces are provided for the trade school, office and commercial uses on site. The parking provided for the project is based on the floor plan configuration approved for the development project (DP No. 04-51). Any proposed floor plan modification, which would result in a higher parking demand, would require a review of the conditional use permit. 3. The conditional use permit shall be reviewed at six months, nine months, and one year. Exhibit "A" 75A-51 Conditions for Approval for Conditional Use Permit No. 2005-06 Conditional Use Permit No. 2005-06 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with 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. In addition, it shall meet the following conditions of approval: The applicant must comply with each and every condition listed below prior to exercising the rights conferred by the 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. Planninq Division 1. All proposed site improvements must conform to the Site Plan Review approval of DP No. 04-51. 2. A total of 419 parking spaces are provided for the trade school, office and commercial uses on site. The parking provided for the project is based on the floor plan configuration approved for the development project (DP No. 04-51). Any proposed floor plan modification, which would result in a higher parking demand, would require a review of the conditional use permit. 3. The conditional use permit shall be reviewed at six months, nine months, and one year. Exhibit "B" 75A-52 Conditions for Approval for Conditional Use Permit No. 2005-07 Conditional Use Permit No. 2005-07 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. Planninq Division 1 . Comply with Development Review Committee comments dated July 1, 2004 for Site Plan Review DP No. 04-50. 2. Any amendment to this conditional use permit must be submitted to the Planning Division and Police Department for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. Netting shall be installed along Lake Center Drive to prevent objects from entering the street or causing damage to nearby structures. Netting placement, material, and design shall be submitted and approved by the Planning Manager. 4. All lighting shall be designed and installed to direct, shield, and confine direct rays of light to within the boundaries of the development site. Lighting shall not glare onto or direct exposed lights onto adjacent properties. 5. Provide a minimum of 41 parking spaces. All stalls shall be double striped and shall not encroach into required landscape areas. 6. The conditional use permit shall be reviewed at 90 days, six months, and annually thereafter by the Planning Division in order to determine compliance with the above conditions or for any modification to the conditions of approval. Exhibit "C" 75A-53 75A-54