HomeMy WebLinkAboutNS-2692 - Amending Specific Development No. 72 to Allow Outdoor Special Events, to Amend Restaurant Hours of Operation, to Increase the Number of Musicians, ...
ORDINANCE NO. NS-2692
AN ORDINANCE OF THE CITY COUNCil OF THE CITY OF
SANTA ANA AMENDING SPECIFIC DEVELOPMENT NO. 72
(SD-72) TO AllOW OUTDOOR SPECIAL EVENTS, TO
AMEND RESTAURANT HOURS OF OPERATION, TO
INCREASE THE NUMBER OF MUSICIANS, AND TO
AMEND THE OUTDOOR LIVE ENTERTAINMENT HOURS
OF OPERATION
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. The applicant is requesting an amendment to Specific Development No. 72
(SD-72), an amendment of Conditional Use Permit No. 2003-37 for a Type
47 Alcoholic Beverage Control license, and the adoption of Conditional Use
Permit No. 2005-19 at Original Mike's Restaurant located at 100 South Main
Street. Applicant is proposing to:
1. To serve alcoholic beverages until 2:00 a.m.
2. To allow exterior special events on the premises
3. To allow a cover charge to enter the premises
4. To allow amplified music within the outdoor patio area.
5. Extend the hours of operation for the outdoor patio to 9:00 a.m.
through 6:00 a.m. Monday through Thursday and 9:00 a.m. to 10:00
p.m. on Friday, Saturday and Sunday.
6. To allow more than a three piece band within the outdoor area.
7. To allow seven musicians with amplified instruments within the
interior of the premises.
B. Amendment Application No. 2005-02 has been filed with the City of Santa
Ana to change Specific Development No. 72 (SD-72) to allow outdoor
special events, to amend restaurant hours of operation to 7:00 a.m. and 2:00
a.m., to allow seven musicians, and to allow outdoor live entertainment
Monday through Thursday from 9:00 a.m. to 6:00 p.m. and Friday Saturday
and Sunday from 9:00 a.m. to 10:00 p.m.
C. Zoning Ordinance Amendment No. 2005-02 came before the Planning
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Commission of the City of Santa Ana for a public hearing on June 13, 2005.
The Planning Commission voted by a vote of 6:0 (Leo absent), to
recommend that the City Council adopt an ordinance approving Zoning
Ordinance Amendment No. 2005-02.
D. The Planning Commission determined that Amendment Application No.
2003-09 is consistent with the General Plan, including but not limited to its
goals and policies to:
1. Support live/work opportunities within specifically defined areas
(Policy 1.2).
2. Protect and enhance development sites and districts which are
unique community assets that enhance the quality of life (Goal 4.0).
3. Encourage development which is compatible with, and supportive of
surrounding land uses (Policy 5.5).
4. Promote development which has a net community benefit and
enhances the quality of life. (Policy 5.1).
B. The City Council, prior to taking action on this ordinance, held a duly noticed
public hearing on July 5, 2005. The City Council also adopts as findings all
facts presented in the Request for Council Action dated July 5, 2005
accompanying this matter.
C. For these reasons, and each of them, Amendment Application No. 2005-02
is hereby found and determined to be consistent with the General Plan of
the City of Santa Ana and otherwise justified by the public necessity,
convenience, and general welfare.
Section 2. In accordance with the California Environmental Quality Act, the
proposed project is Categorically Exempt. No further environmental review is needed.
Environmental Review No. 2005-66 will be filed for this project.
Section 3. The amendments to Specific Development No. 72 (SD-72) as
attached to this Ordinance, is hereby approved and adopted.
Section 4. 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.
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"
SPECIFIC DEVELOPMENT NO. 72
(First and Main)
SECTION 1 APPLlCABLlTY OF ORDINANCE
The specific development zoning district for the subject property, as
authorized by Chapter 41, Division 26, Section 41-593 et seq., of the
Santa Ana Municipal Code, is specifically subject to the standards and
regulations contained in this plan for the express purpose of establishing
land use regulations and standards. All other applicable chapters, articles,
and sections of the Santa Ana Municipal Code shall apply unless
expressly waived or superseded by this ordinance.
SECTION 2 PURPOSE
This Specific Development Plan No. 72 (SD 72) sets forth the
development and design criteria for the project known as the Artist
Gateway, a mixed used development consisting of approximately 1.7
acres. The purpose of this Specific Development Plan is to permit
maximum flexibility in site planning and design to respond to market while
assuring high quality development and implementing the goals of the
General Plan.
SD 72 specifically will establish the following:
a. The authorized uses for the site;
b. Maximum authorized development densities;
c. Development and operational standards including:
i. Architectural Design
ii. Parking requirements
iii. Setback requirements
iv. Building height limits
v. Maximum site coverage
vi. Landscaping and signage standards
vii. Public and Private Open Space
viii. Enforcement policies
ix. Signage
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ADOPTED this 18th day of Julv, 2005.
~
A. Puli
yor
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney
By:
Kylee
Assi
~
. Otto
nt City Attorney
YES:
Councilmembers: Alvarez. Bisl. Bustamante. Christy. Garcia. Pulido.
Solorio (7)
NOES:
Councilmembers: None (0)
ABSTAIN:
Councilmembers: None (0)
NOT PRESENT: Councilmembers: None (0)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the
attached Ordinance No. NS-2692 to be the original ordinance adopted by the City
Council of the City of Santa Ana on Julv 18. 2005, and that said ordinance was
published in accordance with the Charter of the City of Santa Ana.
Date: ~Iz~
~
, ~---;/
Clerk of the Council
City of Santa Ana
.
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SECTION 3 OBJECTIVES
The SD-72 use district is hereby established for the express purpose of
protecting the health, safety, and general welfare of the people of the City
by promoting and enhancing the value of properties and encouraging
orderly development including:
a. Flexibility of development in response to market conditions, while
achieving overall City and community goals.
b. Creation of live/work opportunities and moderately priced new
housing that encourage the arts and freelance market.
c. Capitalize on the Historic Downtown revitalization, the Artist Village,
and the live/work loft projects in the immediate area to allow an
opportunity for additional live/work possibilities.
d. A visually harmonious development as viewed both internally and
externally.
e. A circulation system that is responsive to the needs of both
vehicular and pedestrian travel.
f. Landscaping that is appropriate to the level of development and
sensitive to the surrounding community.
g. Create an enhanced access to downtown that promotes a walkable
community, which will assist in the revitalization the local area.
SECTION 4 LOCATION
The Specific Development Plan No. 72 includes 1.7 acres and is located
at the southwest corner of First and Main Streets, bordered by Walnut and
Sycamore Streets. The historic United Automotive building occupies the
northeast corner of the project site. On-site parking is provided on the
remainder of the project site.
Santa Ana's historic Downtown is located immediately to the north of this
development area. The Downtown area is a harmonious blend of historic
buildings, the emerging Artist Village, as well as live/work possibilities and
a culturally enriched retail market. This intersection also is recognized as
a gateway that leads directly into the Downtown and civic center area.
SECTION 5 USES PERMITTED
a. Retail and service uses, excluding bail bonds.
b. Commercially operated professional studios
c. The following creative arts uses:
i. Fine arts studios and/or galleries
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ii. Fiber arts studios and/or galleries
iii. Printing, lithography and calligraphy facilities
iv. Photography studios
d. Restaurants, cafes, and eating establishments, other than those
specified in Section 6, excluding eating establishments with drive-
thru window service, adult entertainment businesses as defined in
SAMC section 41-1701.6, night clubs as defined in Chapter 11 and
heavier commercial uses such as auto sales or repair, rental yards
and hospitals shall be prohibited in the SO.
e. Ancillary banquet facilities, subject to development and operational
standards set forth in section 41-199.1.
f. Cyber cafes as defined in Santa Ana Municipal Code (SAMC) 41-
45, as an ancillary use to a restaurant, provided they are carried on
in accordance with sections 41-198.200 of the SAMC as it may be
amended from time to time, and provided a ministerial land use
certificate is first obtained in accordance with sections 41-675
through 41-677 of the SAMC. With the exception of Section 41-
198.200 (d), which states "No persons shall be permitted to
consume alcohol on the premises" shall not be applied to Land Use
Certificates issued for properties within the Specific Development
No. 72.
SECTION 6 CONDITIONALLY PERMITTED USES
a. Fourteen (14) Live/work units.
b. Nine (9) housing units.
c. Ceramic and pottery studios.
d. Glass blowing and sculpturing studios
e. On-site alcohol beverages control license as an ancillary f. use, in
conjunction with an eating establishment.
f. Banquet facilities, as a primary use, subject to development and
operational standards set forth in section 41-199-.1.
g. Retail markets having less than twenty thousand (20,000) square
feet.
h. Indoor/Outdoor Entertainment as defined in Chapter 41 of the
SAMC.
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SECTION 7 DEVELOPMENT STANDARDS
a. Standards for Commercial Development
i. Unless expressly waived or superseded by this ordinance,
all commercial development shall comply with the provisions
as outlined within Chapter 41 , Article 111, Division 13, C2
(General Commercial), of the Santa Ana Municipal Code as
it may be amended from time to time.
b. Standards for Live/Work Development
i. Building height in Specific Development 72.
No structure shall exceed forty- five (45) feet in height.
ii. Yard requirements Specific Development 72.
1. A setback of not less than 15 feet shall be required for
any new commercial building.
2. A setback of not less than five (5) feet along any
property line to the extent it serves to separate any off-
street parking area from the street.
iii. Development Density in Specific Development 72
1. The floor area ratio for commercial development may
not exceed 1.0.
Additional Development Standards
Development standards for SD 72 will be refined in conjunction with the
anticipated live/work project through an amendment. This will include
architectural design, setbacks and side yard requirements, building height
limits, maximum site coverage, private and public open space, guest and
customer parking requirements, landscaping standards, signage
standards, and public and private open space.
The restaurant must be maintained as a bona fide eating establishment.
An eating establishment as defined by the Alcoholic Beverage Control
Board and the Planning Commission must include the following items:
a. One conventional range/oven
b. An automatic dishwasher
c. A double sink
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d. A 25 cubic foot refrigerator
e. A four-foot by six-foot food preparation area
f. The restaurant shall provide a grease interceptor and
garbage disposal.
Off-street parking for Specific Development No. 72
a. The minimum off-street parking requirements for restaurants,
cafes and other eating establishments are as follows: ten
(10) spaces for each one thousand (1,000) square feet of
gross floor area, including the open-air, plaza dining area.
b. The minimum off-street parking requirements for retail and
service uses not otherwise specified in this division are as
follows: five (5) spaces for each one thousand (1,000)
square feet of gross floor area.
c. Parking for the residential units shall be provided at a rate of
one and a half (1.5) spaces per unit. One space per unit
must be located in a garage. Accessible guest parking at a
rate of ten (10) percent of the total number of parking spaces
shall be provided.
d. Dedicated parking spaces shall be provided for the existing
rental housing component.
Landscape Requirements for Specific Development No. 72
a. A minimum five-foot landscaped front yard setback is
required within the parking areas along First Street, Main
Street, Walnut Street, and Sycamore Street.
b. The pedestrian plaza area should incorporate a double row
of trees or a specific pattern designed to lead pedestrians
through the plaza to the adjacent entrance of the building.
c. Vehicular parking may not be located within any required
landscaped area.
d. A combination of trees and shrubs as identified in the
commercial landscape standards shall be used on all street
frontages. The on-site tree should be the same or
complement the designated street tree for that particular
street. Vines, such as Boston Ivy, shall be used on the trash
enclosure.
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Public Art in Specific Development 72
The plaza/courtyard area shall provide amenities that encourage
pedestrian use such as seating area and objects of public art. If water
features are included in the plaza/courtyard area or other landscaping
areas, the water feature shall use non-potable or recycled "gray water"
and specialized equipment to conserve water. The amenities provided
shall be reviewed and approved by the Planning Division as part of the
site plan review process.
Pedestrian Plazas and Walkways Specific Development 72
A pedestrian plaza is required in conjunction with the restaurant. The
plaza area shall be a minimum of 50 feet by 125 feet and abut on the west
elevation of the United Automotive Building. The plaza area shall be
enhanced, incorporating decorative paving and shall be enclosed with a
decorative wrought iron fence. The applicant will need to execute a Right-
of-Entry and License Agreement with the City to develop the plaza area on
this parcel.
Interior primary pedestrian walkways shall be a minimum of eight feet wide
and decorative in design. Walkways are those that connect a pedestrian
from the parking area to the front entry. A four-foot handicap accessible
walkway is to be provided throughout the interior sidewalks and
courtyard/plaza areas.
The primary entrance door to the restaurant shall be located at the north
vestibule entry located on the west elevation to the building restaurant.
This entrance shall include an interior sound curtain to mitigate interior
restaurant ambient noise levels to the exterior. All doors on the west
elevation shall remain closed during business hours.
Outdoor Special Event Requirements for Specific Development No.
72
a. Outdoor special events shall be subject to the requirements set
forth herein. The Santa Ana Municipal Code sections pertaining to
land use certificates shall not apply to this zoning designation.
b. Outdoor special events shall be limited to antique car shows,
vintage car shows, motorcycle shows and art exhibits. Similar uses
may be submitted to the Planning Manager for review and
approval.
c. Outdoor special events shall be limited to Saturday, Sundays and
Monday Holidays only. Monday holidays include Martin Luther
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King Day, President's Day, Memorial Day, Fourth of July, Labor
Day, Veteran's Day and New Year's Day.
d. Hours of operation for outdoor special events shall be limited to
between the hours of 7:00 a.m. and 10:00 p.m.
e. Outdoor special events shall be limited to no more than six days
per month and may occur on Saturday, Sunday and/or Monday
holidays.
SECTION 8 OPERATIONAL STANDARDS
a. The existing United Automotive Building is listed in the Santa Ana
Register of Historical Property and has been categorized as
Contributive. Fayade changes or modifications to structures listed on
the Santa Ana Register of Historic Properties are subject to review by
the Historical Resources Commission. Any new construction or
modification, or building relocation requires City review and building
permits.
b. The operation of any restaurant shall be permitted between the hours
of 7:00 a.m. and 2:00 a.m., seven days a week. Additionally, there
shall be no business operations between 2:00 a.m. and 5:00 a.m.
c. Indoor live entertainment shall be limited to a maximum of seven
musicians with amplified instruments and shall not exceed the noise
standards set forth in SAMC 18-308 through 18-321.
d. The doors on the west side of the facility will be required to remain
shut at all times except for ingress/egress purposes. Outdoor live
entertainment shall be allowed Monday through Thursday from 9:00
a.m. to 6:00 p.m. and on Friday, Saturday and Sunday from 9:00 a.m.
to 10:00 p.m., shall be limited to a maximum of five musicians with
amplified instruments, including no brass or percussion, and shall not
exceed the noise standards set forth in SAMC 18-308 through 18-
321. The musicians shall be located on the south portion of the
pedestrian plaza area only.
e. Any public dance hall, dance place or public dancing place as defined
in Chapter 11 of the SAMC will be subject to Police Department
approval and be subject to all standards set forth in Chapter 11 of the
SAMC.
f. All banquet uses must conform to the operational standards set forth
in Section 41-199.1 of the SAMC, including ancillary banquet uses
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intermittently associated with full service sit-down restaurants.
g. The new infill residential component is permitted only in combination
with individual studios in a manner that provides an integrated
working and living environment.
h. All live/work units shall be at least one thousand (1000) square feet in
size.
i. The residential component of a live/work unit shall meet the following
standards:
I. It shall have a space of at least five hundred (500) square
feet of residential living area.
ii. It shall have access to separate bathroom facilities, including
a water closet, a wash basin, and a bathtub or shower.
iii. It shall have separate kitchen facilities including a kitchen
sink, cooking appliances and refrigerator. All such facilities
shall have a clear working space of at least thirty (30) inches
in front.
iv. It shall comply with all Housing Code requirements as
modified by section 8-2700 of the Santa Ana Municipal
Code.
v. Each individual unit shall accommodate facilities for a
washer and dryer.
j. The existing rental housing component shall meet the following
standards:
i. It shall have a space of at least three hundred and eighty-two
(382) square feet.
ii. It shall have access to separate bathroom facilities, including
a water closet, a wash basin, and a bathtub or shower.
iii. It shall have separate kitchen facilities including a kitchen
sink, cooking appliances and refrigerator. All such facilities
shall have a clear working space of at least thirty (30) inches
in front.
iv. It shall comply with all Housing Code requirements as
modified by section 8-2700 of the Santa Ana Municipal Code.
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SECTION 9 SIGNAGE STANDARDS
All signage shall comply with the provisions as outlined within Chapter 41,
Article XI, "On-Premise Signs" of the Santa Ana Municipal Code as it may
be amended from time to time.
A planned sign program, pursuant to Sections 41-880 through 41-884 of
the Santa Ana Municipal Code, shall be required for all buildings to ensure
sign compatibility
SECTION 10 PLANNING COMMISSION AND CITY COUNCIL APPROVALS
This is a key area for future development and this project will set the
example for all subsequent residential development in the area. To
ensure the quality of the design and the architectural style, as well as the
layout of the units, any new development project will require Planning
Commission and City Council approvals.
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