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HomeMy WebLinkAbout2005-081 - Approving Conditional Use Permit No. 2005-20 KO - 09/14/05 RESOLUTION NO. 2005-081 A RESOLUTION OF THE CITY COUNCil OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2005-20 AS CONDITIONED FOR BANQUET FACILITY FOR THE PROPERTY lOCATED AT 2032 NORTH MAIN STREET BE IT RESOLVED BY THE CITY COUNCil OF THE CITY OF SANTA ANA AS FOllOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Amendment Application No. 2005-04 and Conditional Use Permit No. 2005-20 came before the City Council of the City of Santa Ana for a public hearing September 6, 2005. B. Conditional Use Permit No. 2005-20 has been filed with the City of Santa Ana seeking to allow a banquet facility for the property located at 2032 North Main Street (The Bowers Museum). C. The Planning Commission of the City of Santa Ana held a duly noticed public hearing on July 25, 2005. After conducting the public hearings, the Planning Commission determined that Amendment Application No. 2005- 04 is consistent with the General Plan of the City of Santa Ana, and recommended by a vote of 6:0:1 (Gartner absent) that the City Council approve Amendment Application No. 2003-08 and Specific Development Plan No. 78 and Conditional Use Permit No. 2005-20. D. On August 23, 2005 Planning Commission voted to reconsider the July 25, 2005 action. After a discussion regarding the conditions, the Planning Commission voted by a vote of 6:1 (Crib opposed) recommended that the City Council approve Amendment Application No. 2003-08 and Specific Development Plan No. 78 and Conditional Use Permit No. 2005-20. E. 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 the community? The development of the Bowers Museum, as conditioned, will allow the expansion of a regional museum providing cultural arts and a banquet facility to further promote, Resolution No. 2005-081 Page 1 of4 enhance and support the museum operation. A banquet facility will allow the museum to host a cross section of social, academic and community groups promoting education and enhancing city image through a unique community asset. 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 Bowers Museum banquet facility, as conditioned, will not present any detrimental affects to persons residing or working in the area. Parking will be facilitated through a combination of on and off-site parking accommodations. The provision of a signalized intersection adjacent to the new surface parking lots will further enhance the circulation pattern for the area. Any anticipated 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 banquet facility, as conditioned, will not create any negative or detrimental impacts on the economic viability of the surrounding area. The allowance of a banquet facility provides the Bowers Museum the ability to host or compliment on-site functions that are anticipated to draw people to the area. The Banquet use should provide a positive addition to the surrounding area, which will supplement and improve the existing Bowers Museum. 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 banquet facility will be in compliance with all applicable provisions of Chapter 41 of the Santa Ana Municipal Code. Moreover, Specific Development No. 78 and the conditions of approval of the use provides conditions to ensure compatibility and restricts the applicant to the submitted floor plan square footage. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? Resolution No. 2005-081 Page 2 of 5 The proposed Conditional Use Permit would be in furtherance of general plan policy number 4.4; to encourage the development of projects which promote the City's image as a regional activity center. Section 2. The City Council has reviewed and considered the information contained in the initial study and the mitigated negative declaration and mitigation monitoring program, Environmental Review No. 2005-45, prepared with respect to this Project. The City Council has, as a result of its consideration and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, a mitigation negative declaration and mitigation monitoring program adequately addresses the expected environmental impacts of this Project. On the basis of this review, the City Council finds that there is no evidence from which it can be fairly argued that the Project will have a significant adverse effect on the environment. The City Council hereby certifies and approves the mitigated negative declaration and mitigation monitoring program and directs that the Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. Pursuant to Title XIV, California Code of Regulations ("CCR") S 735.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any adverse effect on wildlife resources orthe ecological habitat upon which wildlife resources depend. The proposed project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and Game Code S 711.2 and Title XIV, CCR S 735.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 3. The City Council of the City of Santa Ana hereby, approves Conditional Use Permit No. 2005-20 as conditioned in Exhibit "A" attached hereto and incorporated herein. Section 4. This Conditional Use Permit is expressly conditioned upon adoption by the City Council of a zoning ordinance amendment rezoning the property located at 2032 North Main Street from Community Commercial-Museum District (C1-MD) to Specific Development No. 78 (SD-78) zoning (AA No. 2005-04). The rights of the applicant under this Conditional Use Permit shall not vest until the effective date of such ordinance. Should no such zoning ordinance amendment become effective, then this Conditional Use Permit is null and void and of no effect. ADOPTED this 6th day of September, 2005. ~A~ Miguel A. Pulido Mayor / S:Ct &ir /.J Resolution No. 2005-081 Page 3 of 4 APPROVED AS TO FORM: Joseph W. Fletcher City Attorney . Otto nt City Attorney AYES: Councilmembers Alvarez, Bist, Bustamante, Christy, Solorio (5) NOES: Councilmembers None (0) ABSTAIN: Councilmembers Pulido (1) NOT PRESENT: Councilmembers Garcia (1) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2005-081 to be the original resolution adopted by the City Council of the City of Santa Ana on September 6. 2005. Date:/f~~ ;- ) L /.. , .." -""_.~...- --........ '\ . ( ...:~/&-<...b~{j ""LV '-clerk of the Council (J City of Santa Ana Resolution No. 2005-081 Page 4 of 5 Conditions for Approval for Conditional Use Permit No. 2005-20 Conditional Use Permit No. 2005-20 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. 1. All proposed site improvements must conform to the Site Plan Review approval of DP No. 05-18. 2. Off-site parking accommodations to satisfy Specific Development No. 78 shall be accompanied by a fully executed shared parking contract between the Bowers Museum and off-site property owners. Such contract shall be filed with the Planning Division. 3. The parking provided for the project is based on the floor plan configuration approved for the development project (DP No. 05-18). Any proposed floor plan modification, which would result in a higher parking demand, would require a review of the conditional use permit. 4. The arched entry along the Main Street elevation shall be redesigned, in consultation with planning staff, and shall brought back to the City Council for review and approval. 5. Natural stone shall be utilized surrounding the secondary arched entry along Main Street. Any changes in materials from those submitted on August 22, 2005 or the use of artificial materials shall be reviewed by the Planning Commission as a business calendar item. Exhibit A Resolution No. 2005-081 Page 5 of 5