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Home My WebLink About80A - SAINT JOSEPH BALLET REQUEST FOR AGENCY! COUNCIL ACTION ~ ~ CLERK OF COUNCIL USE ONLY: MEETING DATE: DECEMBER 19, 2005 TITLE: JOINT PUBLIC HEARING - FIRST IMPLEMENTATION AGREEMENT AND AMENDMENT TO VARIANCE NO. 1998-06 SAINT JOSEPH BALLET APPROVED o As Recommended o As Amended o Ordinance on 1 st Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For CONTINUED TO '01 ~ (/ :J;;fJ 2~~ C&l X tLuJ~ FILE NUMBER CITY MANAGER ~ECLQWE DIRECTOR RECOMMENDED ACTION CITY COUNCIL ACTION 1. Adopt a resolution making certain findings with respect to the consideration to be received by the Community Redevelopment Agency pursuant to the First Implementation Agreement with the Saint Joseph Ballet Company for the sale of certain real property in the Merged Redevelopment Project Area and approving the sale of said real property upon the terms and conditions contained in the agreement. 2. Adopt a resolution approving an amendment to Variance No. 1998-06 as conditioned. REDEVELOPMENT AGENCY ACTION Adopt a resolution approving the First Implementation Agreement with the Saint Joseph Ballet Company. PLANNING COMMISSION ACTION Recommended that the City Council adopt a resolution approving an amendment to Variance No. 1998-06 as conditioned at its December 12, 2005 meeting by a vote of 7:0. DISCUSSION In August 3, 1998, the City Council and Redevelopment Agency approved the Disposition and Development Agreement (DDA), and related documents and actions needed in order to proceed with development of a new facility for the Saint Joseph Ballet Company (SJBC). In August 1999, SJBC moved into its new 21,500 square foot facility in the Museum District between Kidseum and 19th Street. The proj ect continues to be a success and has 80A-1 JT Public Hearing - First Implementation Agreement And Amendment to Variance No. 1998-06 Saint Joseph Ballet December 19, 2005 Page 2 enhanced the overall success of the City's arts and culture corridor along Main Street. As part of the August 1998 official actions, shared parking arrangements were initiated with Bowers Museum. To ensure that parking was readily available for the SJBC proj ect, as well as Bowers Museum, a joint parking lease agreement was approved that established the rights and responsibility for use of the Agency-owned parking lots south of Bowers and west of Kidseum and SJBC (see Exhibit A). That agreement assured that both parties would be able to use either lot and would coordinate to ensure that special events are not held on the same date and time to avoid parking shortfalls. The agreement also provided that the Agency would retain development rights to the lots so long as replacement parking is provided within a reasonable distance of the facilities. The Bowers Museum expansion, which is now underway , involves a 30,000 square foot building expansion and a new surface parking lot. The new parking lot will be developed on three parcels of property located immediately north of the existing facility. The property is currently owned by the Steadfast Communities. A land exchange between the City and Steadfast Communities will be facilitated in order to provide parking for the expanded Bowers Museum and to develop Steadfast's mixed-use luxury housing project. The site on which the Steadfast project will be developed is currently owned by the City/Agency and used as the main parking lot for Bowers Museum and SJBC. The First Implementation Agreement addresses the loss of parking at Bowers Museum's existing south parking lot as a result of the proposed land exchange between the City and Steadfast. Under the implementation agreement, SJBC will receive 50 parking spaces in the new north parking lot under the same provisions as its current 50-space allocation in the existing Bowers south parking lot. Addi tionally, the Agency will grant SJBC fee simple title to the two parking lots behind Kidseum and SJBC for $1.00, with the exception of the row of parking immediately adjacent to the Kidseum and east of the north/south alley between 18th and 19th Streets. SJBC will then lease the property back to Kidseum under the same terms and conditions that presently exist for shared parking. Lastly, the Agency will allow SJBC the first right of offer and the first right of refusal to purchase the Kidseum property at any time in the future if the City and Bowers no longer desire to operate a Kidseum and/or museum programs in the Kidseum facility. 80A-2 JT Public Hearing - First Implementation Agreement And Amendment to Variance No. 1998-06 Saint Joseph Ballet December 19, 2005 Page 3 On December 12, 2005, the Planning Commission recommended that the City Council adopt a resolution approving an amendment to Variance No. 1998-06 as conditioned by a vote of 7:0 to amend the conditions of approval for the St. Joseph's Ballet Studio located at 1818 North Main Street in the Community Commercial-Museum District (C1-MD) zoning district. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit B) . FISCAL IMPACT Funds from the sale of Agency-owned property will be deposited in the Merged Project Area Sale of Land Account (account no. 570-01-5721). APPROVED AS TO FUNDS AND ACCOUNTS: ~~ Ja . Trevino Ex tive Director Planning & Building Agency t?~ ~-I--. D ~ Franci~co G~tierrez 0 Executlve Dlrector f Finance & Management Services Agency ~~ftc;i~~ Executlve Dlrector Community Redevelopment Agency PCW/JLQ/mlr H:\ACTIONS\200S CC\JT P.H. CC-CRA FirstlmpAgree&VarianceNo1998-06StJosephBallet 12-19-0S.doc 80A-3 [=:J &:0:-":-..('-3 :,..~-~,. X"...: "" _._ ~ ~ 19th Street ] DIII L J [ 18th Street 18th Street ] I rnm ~ ] l I 0 N 17th Street I f 1 r 1 r ~ .. : .. .. : .. .. .- .. .- : .. .- .- .. .'" .- .. .- .- ..- .- .-.....:.'"...-.-...-.-....-.- .. .. .... .. .. .... .. .. .. . . . ".." .." .." .." .. .. .-.-.. .....- ....... .....- ......- ......- .. ................ .. .." ........ .." .." .." .. =- CQ 3:: "C CQ o .... co - Q) Q) .... . - . . '. - - . - '. G;,) .. .............. .. ".." _ :':-'-'-'-:'::-::-::':_': c - - - -. . - - - . - . . - . . - - . . - . CQ .. ......-.- .......-.-.-.. ~ . - .- - .: :::: -:: :: _ : : _ : : . : : . . 0:::;;; .. ........ .." .." .." ........................ .. .. .- .. ..... ._ ..... ..'" '": ,,_ .: .e,: ._ ...... ._ .-,: .'" ....... .. .. ...... .. 20th Street . . . .. .." ...... .4.......... .. .......................... .. ".. .. .. .. .. .. .. .. .. ................. BOWERS MUSEUM SJBCIKIDSEUM PARKING ST. JOSEPH BALLET KIDSEUM EXHIBIT A 80A-4 REQUEST FOR Planning Commission Action ~ ~ PLANNING COMMISSION SECRETARY PLANNING COMMISSION MEETING DATE: DECEMBER 12, 2005 TITLE: PUBLIC HEARING - TO ALLOW AN AMENDMENT TO VARIANCE NO. 1998-06 FOR THE ST. JOSEPH BALLET STUDIO APPROVED o As Recommended o As Amended o Set Public Hearing For DENIED o Applicant's Request o Staff Recommendation CONTINUED TO Prepared by Sergio Klotz V/lW.!..~~ ~ Planning M age ~~cutive Director RECOMMENDED ACTION Recommend that the City Council adopt a resolution approving an amendment to Variance No. 1998-06 as conditioned. DISCUSSION Request of Applicant An amendment to the conditions of approval for Variance No. 1998-06 at 1818 North Main Street. Property Description The proj ect Streets and (Exhibit 1). is located at the improved with a southwest two-story corner of Nineteenth and Main studio and office structure The General Plan designation for the property is District Center (DC). The corresponding zoning designation for the property is Community Commercial-Museum District (C1-MD). The surrounding uses include a surface parking lot (future Cordoba mixed use proj ect) and the Bowers Museum to the north; the Kidseum to the south; residential uses to the west; and a variety of commercial uses to the east (Exhibit 2). EXHIBIT B 80A-5 Variance No. 1998-06 December 12, 2005 Page 2 Project Description The proj ect consists of deleting one of the conditions of approval for Variance No. 1998-06. Specifically, a Planning Division condition reads, "In the event the Kidseum or Bowers Museum South Lot parking facilities are removed, replacement parking facilities must be located on a site within 300 feet of the St. Joseph Ballet parcel." The land exchange to facilitate the new expansion of the Bowers Museum to the north between the City and the private developer, Steadfast Companies, will result in noncompliance with this condition. Analysis of the Issues A land exchange was agreed and approved to facilitate the Bowers Museum and the Cordoba proj ects, one of the outcomes being the removal of the current surface parking lot located between the museum and St. Joseph Ballet. During the public hearings for both the Bowers Museum and Cordoba projects, the availability of parking for the St. Joseph Ballet was discussed. As discussed during the meetings, staff has worked with St. Joseph Ballet to reach a solution. In an effort to honor the condition imposed on the St. Joseph Ballet variance, satellite parking has been identified within the surrounding area. Consequently, it is recommended that the condition specifying the lineal distances to the parking be deleted in order to afford St. Joseph Ballet with maximum flexibility. The condition deletion would allow the use of up to 50 parking spaces at the new Bowers parking lot under construction to the north of the museum. By removing this condition, more flexibility would be granted for future parking considerations. Attached for consideration are the findings and conditions for Variance No. 1998-06 (Exhibits 3 and 4). In concert with this action, the City Council will be considering an agreement committing parking directly behind the St. Joseph facility, the Kidseum and a surface parking lot (2011 North Main Street) for use by St. Joseph Ballet. CEQA Compliance In accordance with the California Environmental Quality Act, the proposed is Categorically Exempt. No further environmental review is Env' nmental Review No. 97-116(a) will be filed for this sk\reports\va98-06.amend.pc 80A-6 LllitJl:J\j ] R1 > R1 w , R1 ~ R1 " R1 R1 [ [ R1 [ { I[ R1 R1 R1 R1 R1 R1 R1 R1 R1 ~ R1 " R1 ~ i R1 ~ R1 R1 R1 R1 R1 R1 Gr& R2 ~ C1 _135 C4 Cl ; SD-73 ~ C1 ~.~ Cl I Cl II ;> ;" 0 IJffi. :1; :1; 0 m ~.. jDrn[J~~ ' R8ffi I 0~~~ ' SP-3 Al -B C-SM Cl Cl-MD C2 C3 C3-A C4 C5 GENERAL AGRICULTURAL PARKING MODIFICATION COMMERCIAL SOUTH MAIN COMMUNITY COMMERCIAL COMM. COMMERCIAL-MUSEUM DISTRICT GENERAL COMMERCIAL CENTRAL BUSINESS CENTRAL BUSINESS-ARTIST VILLAGE PLANNED SHOPPING CENTER ARTERIAL COMMERCIAL CR GC Ml M2 MO o P PCD PRO COMMERCIAL RESIDENTIAL GOVERNMENT CENTER LIGHT INDUSTRIAL HEAVY INDUSTRIAL MILITARY OPERATIONS OPEN SPACE PROFESSIONAL PLANNED COMMUNITY DEVELOPMENT PLANNED RESIDENTIAL DEVELOPMENT Rl R2 R3 R4 RE SO SP SINGLE-FAMILY RESIDENCE TWO-FAMILY RESIDENCE MULTIPLE-FAMILY RESIDENCE SUBURBAN APARTMENTS RESIDENTIAL ESTATE SPECIFIC DEVELOPMENT SPECIFIC PLAN ~ ~~ AMENDMENT TO VA 98-6 ST. JOSEPH BALLET 1818 NORTH MAIN STREET A cW' - = 500 FEET 1" = 1000 FEET P LAN N N G AND BU LD EXHIBIT 1 80A-7 N G AGE N C Y I -J <>: <:l I- - <: <:l w I ~ <: w (,) a: 0: :.:: I- 0: <>: 0: en OJ. <>: l.lJ 0.. ~ ~ :::> ~ SINGLE F ~MILY I ESIDE^ T1AL Lu :::> ~ CI) Lu - I :::> CI) a ~ :::> ~ (,) - NINETEENTH STREET .--- '\ CAR WASH SINGLE 'AMIL Y RESIDE T1AL PARKING PROJECT SITE / ------ <:l <: EIGHTEENTH ST. SI VGLE f AMIL Y F ESIDH T1AL :.:: MUSEUM 0: I <>: 0.. J "- OFFICE EIGHTEENTH STREET I SFR Z PARKING PA R K I ~ G MEDICAL < :::!: "- ./ 1 COMMERCIAL r 1m ~-"'-~ AMENDMENT TO VA 98-6 ST. JOSEPH BALLET 1818 NORTH MAIN STREET A c9f' PLANNING AND BUILDING AGE N C Y EXHIBIT 2 80A-8 Variance No. 1998-06 December 12, 2005 Page 1 of 2 Findings of Fact A. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of the Municipal Code; The proposed condition deletion will allow the St. Joseph Ballet the ability to continue to share parking with the Bowers Museum. The amendment to the condi t ion of approval will allow the continued use of parking between the two facilities. The continued use of the Bowers Museum parking will help to prevent parking intrusion into the residential neighborhood and ensure that the use will not negatively affect the surrounding community. B. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights; Approval of the condition amendment would allow for the continued orderly development of the St. Joseph Ballet and the museum corridor. The amendment to the condition of approval would allow the two facilities to continue their successful parking coordination and agreement. The deletion of the condition will allow St. Joseph Ballet similar flexibility as the Bowers Museum is experiencing sharing parking with existing facilities in the area. C. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property; The approval of the variance modification will not be detrimental to persons residing or working in the area because the use, as conditioned, will not create negative or adverse impacts. The amendment to the conditions of approval would allow the continued use of the Bowers parking lot for the St. Joseph Ballet. The deletion of the condition language would allow the sharing of parking between the two facilities, as well as potentially other facilities, thereby ensuring parking outside of the residential neighborhood. 80J('!~T 3 Variance No. 1998-06 December 12, 2005 Page 2 of 2 D. That the granting of a variance will not adversely affect the General Plan of the CitYi The granting of the variance will not adversely affect the Ci ty I S General Plan land use designation of District Center (DC). The amendment of the condition of approval to allow the continued shared parking between two facilities is consistent with and thereby helping to achieve Goal 5.0 of the Land Use Element, "Ensure that the impacts of development are mi tigated. " The sharing of parking along a maj or arterial would assist in protecting the residential neighborhood from parking intrusion. 80A-1 0 DECEMBER 12, 2005 PAGE 1 OF 1 Conditions for Approval Should modification to Variance No. 1998-06 be approved, the project shall comply 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. In addition, it shall meet the following conditions: The applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this variance. The applicant must remain in compliance with all conditions listed below throughout the life of the variance. Failure to comply with each and every condition may result in the revocation of the variance. A. Planning Division 1. Compliance with DP No. 97-61 Site Plan Review comments with the exception of the items covered by the variance. 2. A parking plan needs to be submitted that identifies additional parking facilities that will be used during those days that events between the ballet studio, Bower's Museum and the Kidseum are held simultaneously. 3. In the event the KidoeUFR or I3o.y;er' 0 P1uoeum South Lot p.:lrking f.:lcilitieo .:lre rem07ed, repl.:lccment p.:lrking f.:lcilitieo ffiUOt be loc.:lted on .:l oite ..Jithin 300 feet of the Ct. Jooeph I3.:lllet p.:lrcel. 4. Any changes to the building elevations, including materials and colors, must be submitted to staff for review. 5. The crushing of any demolition materials will not be permitted on the site. All construction debris must be removed from the premises within five working days. B. Police Department 1. The alcove created by the patio on the north perimeter of the proj ect needs to be fenced off with materials acceptable to the Planning Division and Police Department. 2. The existing parking lot immediately west of the studio, the student drop-off area, and the entrances to the facility located at each gate and on the north perimeter must be illuminated to a minimum maintained one footcandle of light. 80A+ti31r 4 bk:12/12/05 RESOLUTION NO. 2005-121 A RESOLUTION OF THE CITY COUNCIL OF SANTA ANA MAKING CERTAIN FINDINGS WITH RESPECT TO THE CONSIDERATION TO BE RECEIVED BY THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA PURSUANT TO THE FIRST IMPLEMENTATION AGREEMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA, AND THE SAINT JOSEPH BALLET COMPANY, FOR THE SALE OF CERTAIN REAL PROPERTY IN THE MERGED REDEVELOPMENT PROJECT AND APPROVING THE SALE OF SAID REAL PROPERTY UPON THE TERMS AND CONDITIONS CONTAINED IN THE FIRST IMPLEMENTATION AGREEMENT 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. The Community Redevelopment Agency of the City of Santa Ana (hereinafter referred to as the "Agency") is engaged in activities necessary to execute and implement the Redevelopment Plan for the Merged Project Area, in the area formerly known as the Central City Project. B. In order to implement the Redevelopment Plan, the Agency has previously agreed, subject to the approval of this Council, to lease for fifty (50) years for one dollar ($1.00) certain real property in the Project Area, pursuant to the terms and provisions of that certain Disposition and Development Agreement (hereinafter referred to as the "Agreement") between the Agency and the Saint Joseph Ballet Company, which is on file in the office of the Executive Director of the Agency, in which said real property, located between 18th and 19th Streets in the City of Santa Ana, County of Orange (collectively "the Site") is described. The properties are required to be utilized as free parking for employees and guests of the Saint Josephs Ballet. D. The Developer has requested, by way of a First Implementation Agreement, to acquire the Site for its fair reuse value of one dollar ($1.00) rather than continue to lease the Site for fifty (50) years for one dollar ($1.00). 80A-12 E. The First Implementation Agreement, a true and correct copy of which is on file with the Secretary, contains all of the provisions, terms, conditions and obligations required by the state and local laws. F. Pursuant to Environmental Review No. 97-116a, a categorical exemption has been issued in compliance with the California Environmental Quality Act. G. Pursuant to the provisions of the California Redevelopment Law, the Agency and the City Council have held a duly noticed joint public hearing on the proposed sale of the Site pursuant to the Agreement. Section 2. The City Council has considered all terms and conditions of the proposed sale and hereby finds and determines that the sale and the redevelopment of the Site as provided for in the First Implementation Agreement is the best interests of the City of Santa Ana and the health, safety and welfare of its residents, and is in accord with the public purpose and provisions of the applicable state and local laws. Section 3. The City Council hereby finds and determines that the consideration for the revised sale price for the Site pursuant to the First Implementation Agreement is not less than the fair reuse value of the Site determined in accordance with the covenants and conditions governing the sale in consideration of the use and with the covenants and conditions and development costs authorized by the sale. Section 4. The sale of the Site by the Agency to Saint Josephs Ballet Company, upon the terms and conditions contained in the First Implementation Agreement is hereby approved. Section 5. The Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of ,2005. Miguel A. Pulido Mayor 80A-13 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Benjamin Kaufman Chief Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATION OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of Council, do hereby attest to and certify the attached Resolution No. 2005-121 to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of Council City of Santa Ana 80A-14 KO-12/13/05 RESOLUTION NO. 2005-122 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT TO VARIANCE NO. 1998-06 AS CONDITIONED TO ALLOW VARIANCES FOR A REDUCTION IN THE REQUIRED SIDE YARD SETBACK AND PARKING FOR THE SAINT JOSEPH BALLET STUDIO LOCATED AT 1818 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. On August 3, 1998 the City Council approved Variance No. 1998-06 to allow variances for a reduction in the required side yard setback and parking for the Saint Joseph Ballet Studio located at 1818 North Main Street. B. To facilitate the new expansion of the Bowers Museum to the north between the City and the private developer, Steadfast Companies, a land exchange is proposed. This land exchange will result in noncompliance with one of the conditions of Variance No. 1998-06, which reads "In the event the Kidseum or Bowers Museum South Lot parking facilities are removed, replacement parking facilities must be located on a site within 300 feet of the St. Joseph Ballet parcel." C. On December 12, 2005 the Planning Commission held a duly noticed public hearing and unanimously voted to recommend that the City Council approve the amendment of Variance No. 1998-06 to remove the above condition. D. On December 19, 2005, the City Council held a duly noticed public hearing on the amendment of Variance No. 1998-06. E. The City Council of the City of Santa Ana determines that the following findings have been established to amend Variance No. 1998-06: 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at 80A-15 variance with the intent and purpose of the provisions of the Municipal Code. The proposed condition deletion will allow the St. Joseph Ballet the ability to continue to share parking with the Bowers Museum. The amendment to the condition of approval will allow the continued use of parking between the two facilities. The continued use of the Bowers Museum parking will help to prevent parking intrusion into the residential neighborhood and ensure that the use will not negatively affect the surrounding community. 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. Approval of the condition amendment would allow for the continued orderly development of the St. Joseph Ballet and the museum corridor. The amendment to the condition of approval would allow the two facilities to continue their successful parking coordination and agreement. The deletion of the condition will allow St. Joseph Ballet similar flexibility as the Bowers Museum is experiencing sharing parking with existing facilities in the area. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The approval of the variance modification will not be detrimental to persons residing or working in the area because the use, as conditioned, will not create negative or adverse impacts. The amendment to the conditions of approval would allow the continued use of the Bowers parking lot for the St. Joseph Ballet. The deletion of the condition language would allow the sharing of parking between the two facilities, as well as potentially other facilities, thereby ensuring parking outside of the residential neighborhood. 4. That the granting of a variance will not adversely affect the General Plan of the City. The granting of the variance will not adversely affect the City's General Plan land use designation of District Center (DC). The amendment of the condition of approval to allow the continued shared parking between two facilities is consistent with and thereby helping to achieve Goal 5.0 of the Land Use Element, "Ensure that the impacts of 80A-16 development are mitigated." The sharing of parking along a major arterial would assist in protecting the residential neighborhood from parking intrusion. Section 2. The City Council after conducting the public hearing hereby approves amendment of Variance No. 1998-06 as conditioned in Exhibit A attached hereto and incorporated herein as though fully set forth. This decision is based upon the evidence submitted at the abovesaid hearing, which includes but is not limited to: the Request for Council Action dated December 19, 2005 and exhibits attached thereto; and the public testimony written and oral, all of which are incorporated herein by this reference. Section 3. 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 ,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 80A-17 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2005-122 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 80A-18 Amendment to Conditions for Approval for Variance No. 2005-25 Amendment of Variance No. 1998-06 is hereby approved. The project shall comply 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. In addition, it shall meet the following conditions: The applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this variance. The applicant must remain in compliance with all conditions listed below throughout the life of the variance. Failure to comply with each and every condition may result in the revocation of the variance. A. Plannina Division 1. Compliance with DP No. 97-61 Site Plan Review comments with the exception of the items covered by the variance. 2. A parking plan needs to be submitted that identifies additional parking facilities that will be used during those days that events between the ballet studio, Bower's Museum and the Kidseum are held simultaneously. 3. In the evont tho Kidsoum or Bower's Musoum South Lot parking f3cilities are removod, repl3comont parking f3cilitios must bo locatod on a sito \Nithin 300 foot of tho 8t. Josoph Ballot parcol. 4. Any changes to the building elevations, including materials and colors, must be submitted to staff for review. 5. The crushing of any demolition materials will not be permitted on the site. All construction debris must be removed from the premises within five working days. B. Police Department 1 . The alcove created by the patio on the north perimeter of the project needs to be fenced off with materials acceptable to the Planning Division and Police Department. 2. The existing parking lot immediately west of the studio, the student drop- off area, and the entrances to the facility located at each gate and on the north perimeter must be illuminated to a minimum maintained one footcandle of light. Exhibit A 80A-19 80A-20