HomeMy WebLinkAboutNS-2696 - Adopting the Bowers Museum Specific Development District No. 78 (SD-78) and Rezoning the Property Located at 2032 North Main Street...
ORDINANCE NO. NS-2696
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA ADOPTING THE BOWERS MUSEUM
SPECIFIC DEVELOPMENT DISTRICT NO. 78 (SD-78) AND
REZONING THE PROPERTY LOCATED AT 2032 NORTH
MAIN STREET FROM COMMUNITY COMMERCIAL-
MUSEUM DISTRICT (C1-MD) TO SPECIFIC
DEVELOPMENT NO. 78 (SD-78) (AA NO. 2005-04)
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 approval of an amendment application, and a
conditional use permit in order to allow the expansion of the existing
museum and the allowance of ancillary uses at 2032 North Main Street.
B. On July 25, 2005, the Planning Commission held a duly noticed public
hearing and voted by a vote of 6:1 (Gartner absent) to recommend that the
City Council:
1. Approve and adopt the Mitigated Negative Declaration and Mitigation
Monitoring Program, Environmental Review No. 2005-45.
2. Adopt an ordinance approving Amendment Application No. 2005-04
and Specific Development Plan No. 78 (SD-78).
3. Adopt a resolution approving Conditional Use Permit No. 2005-20 as
conditioned.
C.
On August 22, 2005, the Planning Commission voted to reconsider the July
25, 2005 action and voted by a vote of 6:1 (Cribb opposed) to amend two
conditions.
D.
On September 6, 2005 the City Council of the City of Santa Ana held a duly
noticed public hearing and at that time considered all testimony, written and
oral.
E.
Amendment Application No. 2005-04 has been filed with the City of Santa
Ana to adopt the Bowers Museum Specific Development District No. 78
(SD-78) and to rezone the properties located at 2032 North Main Street from
Community Commercial-Museum District (C1-MD) to Specific Development
No. 78 (SD-78) (AA No. 2005-04)
ORDINANCE NS-2696
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F. SD-78 would allow museums and ancillary uses such as galleries, retail gift
shop, general offices, conference rooms, library and boardroom, storage
and fabrication shop and surface parking areas; eating establishments;
theaters; banquet facilities, subject to development and operational
standards set forth in SAMC 41-199.1 (with a Conditional Use Permit);
uses open between Midnight to 5:00 a.m. (with a Conditional Use Permit);
and establishments selling or serving alcoholic beverages (with a
Conditional Use Permit).
G. Amendment Application No. 2005-04 is consistent with the General Plan,
including but not limited to its goals and policies to enhance development
sites and districts which are unique community assets that enhance the
quality of life. Land Use Element Goal No. 4.0.
H. The City Council has weighed and balanced the general plan's policies and
has determined that based upon this balancing that the Bowers Museum
project is consistent with the purpose of the general plan.
I. The City Council also adopts as findings all facts presented in the Requests
for Council Action dated September 6, 2005 accompanying this matter. For
these reasons, and each of them, Amendment Application No. 2005-04 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.
J. The Mitigated Negative Declaration and Mitigation Monitoring Program for
Environmental Review No. 2005-45, was approved and adopted by
resolution which came before the City Council on September 6, 2005. This
ordinance incorporates by reference, as though fully set forth herein, this
resolution and the Mitigated Negative Declaration and Mitigation Monitoring
Program.
Section 2. The real property located at 2032 North Main Street is hereby
reclassified from Community Commercial-Museum District (C1-MD) to Specific
Development No. 78 (SD-78). Amended Sectional District Map number 1-5-10 showing
the above described change in use district designation, is hereby approved and attached
hereto as Exhibit "A" and incorporated by this reference as though fully set forth herein.
(AA No. 2004-04).
Section 3. Bowers Museum Specific Development District No. 78(SD-78) as
set forth in Exhibit "B", attached hereto and incorporated as though fully set forth herein, is
approved adopted in its entirety.
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,
ORDINANCE NS-2696
Page 2 of 11
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 1 glh _ day of September 2005.
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney
~,-/{[iJ~r;~'
1IiIiguel A. Pulido
Mayor "J .
/>
~I.S C( ,pSr
By: fj ~
Kylee . Otto
Assis nt City Attorney
AYES: Councilmembers:
Alvarez. Bist. Bustamante. Christv. Garcia.
Solorio (6)
NOES: Councilmembers:
None (0)
ABSENT: Councilmembers:
None (0)
Pulido (1)
ABSTAIN: 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-2696 to be the original ordinance adopted by the City
Council of the City of Santa Ana on September 19, 2005 and that said ordinance was
published in accordance with the Charter of the City of Santa Ana. ./
;2 - , ~' [~e.. f
( ::;;/~-.L-C-'..c: --1", j 'f..
Clerk of the Council
City of Santa Ana
Date:
r~o/t'~ .
ORDINANCE NS-2696
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BOWERS
MUSEUM
ORDINANCE NS-2696
Page 4 of 11
Exhibit "B"
Page 1 of 8
Specific
Development
Plan No. 78
City of Santa Ana
TABLE OF CONTENTS
PAGE
SECTION 1. APPLICABILITY OF ORDINANCE ............................................. 1
SECTION 2. PURPOSE ..................... ..................... ............ ...... ...............1
SECTION 3. OBJECTIVES ...... ............... .................. ............ .......... ........1-2
SECTION 4. USES PERMITTED ...... ...... ............. ...... ...... ...... ........... ...... ....2
A. Permitted Uses ......... ...... ................................................ ......2
B. Conditionally Permitted Uses ....................................................2
C. Uses Not Permitted ........ ...... ...... ...... ............ ......... ...... ...... .....3
SECTION 5. MAXIMUM PERMITTED BUILDING INTENSITY ..........................3
SECTION 6. DEVELOPMENT STANDARDS ................................................3
A. Building Height ......................................... ............... ....... ..... ...3
B. Setbacks ............... ......... ............ ..................... ...... .......... ......3
C. ~~~................................................................................4
D. Walls and Screening....................... ...... ............ ........ ......... ........4
E. Landscaping Standards .................... ............................ ....... ...4-5
F. Architectural Design Features ....... ......... ...... ...... ......... ...... ..........5
SECTION 7. ENFORCEMENT ....... ................ .............................................5
SECTION 8. SIGNAGE ............................................................... ...... .......5-6
SECTION 9. REFUSE COLLECTION AREA AND LOADING ............................6
SECTION 10. TELEPHONE, ELECTRICAL, WATER, GAS AND CABLE ............6
ATTACHED EXHIBITS
Exhibit A - Overall Site Plan
Exhibit B - Landscape Plan
Exhibit "B"
Page 2 of 8
ORDINANCE NS-2696
Page 5 of 11
BOWERS MUSEUM
Specific Development Plan No. 78
Section 1. Applicabilitv of Ordinance
The specific development zoning district for the Bowers Museum as authorized
by Chapter 41, Division 26, Sec. 41-593 et/seq. of the Santa Ana Municipal Code
(SAM C), 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 SAMC shall apply
unless expressly stated or superseded by this ordinance.
Section 2. Purpose
The Specific Development Plan No. 78 (SD-78), 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.
Bowers Museum SD-i8 sets the development and design criteria for a
development consisting of approximately 3.62 acres. The purpose of this
specific development plan is to permit flexibility in the site planning and design to
respond to market conditions while assuring high quality development.
SD-78 specifically establishes for the property the following:
. Permitted uses
. Development standards, including building height limits, required
setbacks, parking, landscaping provisions and enforcement policies
. Operational standards
. Maximum authorized development intensity
. Signage provisions
Section 3. Obiectives
The objectives of the Bowers Museum Specific Development Plan No. 78,
include provisions of the following:
. A long term development that is of the highest architectural quality and
design.
. A landscaping plan that is complementary to a large scale museum
development and sensitive to the surrounding community.
. A visually harmonious development as viewed both internally and
externally.
ORDINANCE NS-2696
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Exhibit "B"
Page 3 of 8
. A development that is consistent with the District Center designation of
the General Plan and which implements the spirit and intent and
policies of the General Plan.
. Concentrated and internally integrated development rather that
development that spreads activities into adjacent residential
neighborhoods.
. A circulation system that is responsive to the needs of both vehicular
and pedestrian travel.
. Provision of cultural amenities and facilities serving the visual and
performing arts which are open for public patronage.
. A landmark museum facility with appropriate ancillary uses along north
Main Street.
Section 4. Uses Permitted
The categories of land uses to be included within the project area are galleries,
eating establishments, offices, retail, banquet facility and storage and preparation
rooms. If a use is for any reason omitted from those specified as permissible or if
ambiguity arises concerning the approximate classification of a particular use
within the meaning and intent of this Plan, the determination shall be at the
discretion of the Planning Manager. Such decision may be appealed to the
Planning Commission whose decision is final.
A. Permitted Uses.
a. Museums and ancillary uses such as galleries, retail gift shop, general
offices, conference rooms, library and boardroom, storage and
fabrication shop and surface parking areas.
b. Eating establishments.
c. Theaters.
B. Conditionally Permitted Uses.
a. Banquet facilities, subject to development and operational standards
set forth in SAMC 41-199.1.
b. Uses open between Midnight to 5:00 a.m.
c. Establishments selling or serving alcoholic beverages.
c. Uses not permitted.
a. Schools, private or public.
b. Medical office or clinics.
c. Commercial uses with vehicular drive-through lanes or windows (i.e.
drive-through restaurants, pharmacy or similar uses).
d. Fast food or exclusively take-out restaurants.
e. All other uses not expressly permitted or conditionally permitted in this
ordinance.
Exhibit "B"
Page 4 of 8
ORDINANCE NS-2696
Page 7 of 11
Section 5. Maximum Permitted Building Intensitv
The maximum authorized building intensity for the Bowers Museum is 91.072
square feet for museum and ancillary uses. The maximum floor area ratio
allowed is 1.5.
Section 6. Development Standards
A. Building Height.
All future on-site structures will be subject to a height limitation of 35 feet
above ground level, which is defined as the vertical distance measured
from the curb level to the highest point of the roof surface. An additional
10 percent may be allowed for architectural features such as archway
entries and towers, subject to the Executive Director of Planning and
Building Agency review and approval.
B. Setbacks.
a. Main Street
i. A minimum twelve feet five inches (12'5") to the first building
element or structure.
b. Twentieth Street
i. A minimum twenty-seven (27) feet to the first building element or
structure.
c. Surface Parking Areas
i. A minimum landscape setback of five (5) feet from edge of
sidewalk.
d. Interior Property Line Setback
i. A minimum five (5) feet of landscaping along any edge adjacent to
a residential use.
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Exhibit "B"
Page 5 of 8
C. Parking
The Bowers Museum has successfully utilized a parking
management plan that facilitates parking in various off-site locations to
supplement parking on-site. As such, the following parking is required:
a. On-site surface parking of a minimum of 131 spaces.
b. Off-site parking facilities totaling 576 spaces at locations, such as but
not limited to, a new surface parking area at the southeast corner of
Main Street and the Interstate 5 (1-5) southbound freeway on-ramp and
utilization of existing parking areas at the Orange County Teachers
Federal Credit Union (insert address) and Rancho Santiago office
plaza (insert address).
c. Utilization of off-site parking facilities shall be accompanied by a signed
contract allowing use of parking at either after hours or for special
events exclusively for the Bowers Museum. A copy of such contract(s)
shall be kept on file with the Planning and Building Agency.
d. A professional parking management company shall be utilized to
coordinate and manage the parking.
D. Walls and Screening.
Any equipment, whether on the roof, side of building, or ground, shall be
screened. The method of screening shall be architecturally integrated with
the building in terms of materials, color, shape, and size.
E. Landscaping Standards.
All areas not used for buildings, parking or storage shall be landscaped
using the following guidelines consistent with the Commercial Landscape
Standards. 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. A six-
inch raised concrete curb shall be required around all landscape planters
unless approved by City Landscape Associate.
The minimum required landscaping for the project has been reflected by
Exhibit A. All required setback areas shall be landscaped except for
approved walkways and driveways. Landscaping throughout the project
shall be in compliance with the landscape plan attached. Further, the
landscape plan shall be fully implemented prior to the issuance of any
certificate of occupancy.
Exhibit "B"
Page 6 of 8
ORDINANCE NS-2696
Page 9 of 11
F. Architectural Design Features.
. Exterior Materials: Exterior materials and finishes to comply with
approvals granted through the Historic Resources Commission and
approved materials board. Trash enclosure and similar ancillary
structures are to match the texture, materials and color palette of the
proposed building.
. Design Features: Shall be designed to be integrated with the existing
buildings. Any new additions shall be in keeping with the original in
terms of scale, rooflines, materials, and color.
. Lighting Standards/fixtures: A minimum of 1 foot candle of light shall
be provided throughout the parking area. Specifications of light
standardslfixtures and photometries plan shall be submitted to
Planning Division and Police Department for approval.
Section 7. Enforcement.
The penal provisions and permit requirements of the SAMC (effective as of the
date of adoption of this SD-78) shall apply to all development within the Bowers
Museum Specific Development Plan No. 78.
Section 8. Sianaae.
A. All signage shall comply with the Santa Ana Municipal Code unless
explicitly identified below.
B. A comprehensive sign program for the entire site, including freestanding,
wall, directional and permanent temporary signs and graphics shall be
submitted and approved by the Planning Division prior to the issuance of
any sign permit.
C. Permanent Wall Banners will be permitted to announce special exhibits or
events along the east elevation. There shall be a maximum of three (3)
such banners along Main Street and architecturally integrated with the
building. Such banners shall be a maximum of 10 feet wide by 16 feet
high.
D. Wall Hung Banner will be permitted to announce special exhibits or events
along the east elevation. There shall be a maximum of one (1) such
banner along Main Street and architecturally integrated with the building.
Such banners shall be a maximum of 20 feet wide by 20 feet high.
E. Secondary Wall Sign will be permitted along the east elevation. There
shall be a maximum of one (1) secondary wall sign along Main Street and
architecturally integrated with the building. Such sign shall be a maximum
of one (1) foot in height by thirty (30) feet in length. Such sign shall be a
pin mounted bronze anodized letters with backlit illumination.
ORDINANCE NS-2696
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Exhibit "B"
Page 7 of 8
Section 9. Refuse Collection Area and Loading.
An area to handle the delivery and refuse for the development site shall be
integrated. At minimum, the refuse collection area shall provide the equivalent of
five (5) bins. The loading and unloading of materials and goods shall be an area
measuring a minimum twenty (20) feet by forty (40) feet and appropriately
screened from view.
Section 10. Telephone. Electrical. Water. Gas and Cable.
A. All "on-site" utilities shall be placed underground.
B. Transformers of terminal equipment shall be visually screened from view
from streets and adjacent properties and may be located in concrete
vaults below grade.
C. There shall be no exposed downspouts, scupper drains, electrical or
mechanical limes on the building. All mechanical equipment shall be
screened from view in an architecturally integrated manner.
Exhibit "B"
Page 8 of 8
ORDINANCE NS-2696
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