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HomeMy WebLinkAbout75D - 202 EAST SEVENTEENTHREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 2, 2009 TITLE: PUBLIC HEARING - APPEAL NO. 2009-04 FOR CONDITIONAL USE PERMIT NO. 2006-20 AND VARIANCE NO. 2006-13 TO ALLOW A PARKING LOT IN THE MIDTOWN SPECIFIC PLAN DISTRICT AND TO REDUCE THE REQUIRED LANDSCAPED SETBACKS AND PARKING LOT LANDSCAPING AT 202 EAST SEVENTEENTH STREET - CARIBOU INDUSTRIES, APPLICANT i, CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15f Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Adopt a resolution approving Appeal No. 2009-04 of Planning Division Condition No. 5b. 2. Adopt a resolution approving Conditional Use Permit No. 2006-20 as conditioned to allow a parking lot. 3. Adopt a resolution approving Variance No. 2006-13 (a) as conditioned to allow a reduction in landscaped setbacks. 4. Adopt a resolution approving Variance No. 2006-13 (b) as conditioned to allow a reduction in parking lot landscaping. PLANNING COMMISSION ACTION On September 14, 2009, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2006-20 as conditioned to allow a parking lot; adopted a resolution approving Variance No. 2006-13 (a) as conditioned to allow a reduction in landscaped setbacks; and adopted a resolution approving Variance No. 2006-13 (b) as conditioned to allow a reduction in parking lot landscaping by a vote of 3:1 (Gartner opposed, Betancourt abstained, Leo absent) in the Midtown Specific Plan (SP3) zoning district at 202 East Seventeenth Street. The Planning Commission added Condition No. 5 to the Planning Division conditions of approval for the project as outlined in the attached staff report (Exhibit A) which required: • Condition No. 5(a): New landscaping to be installed at the northwest corner of the site; 75D-1 Appeal No. 2009-04 Conditional Use Permit No. 2006-20 Variance No. 2006-13 November 2, 2009 Page 2 • Condition No. 5(b): Three new trees be planted within the interior of the parking lot; • Condition No. 5(c): The replacement of all damaged and missing concrete curbing; • Condition No. 5(d) The removal of Bush Street setback, including the located on private property; and, • Condition No. 5(e): The removal of Street planter and the installation Tree. the liquidambar tree from the tree trunk (stump) and roots the Yucca Trees from the Bush of a 24-inch Australian Willow On September 21, 2009, the applicant appealed the determination of the Planning Commission due to concerns with Condition No. 5(b), a condition that was added by the Commission. This condition requires the applicant to install three tree wells, irrigation for the trees and concrete curbing within the interior of the parking lot. The condition was added in an effort to bring the interior of the parking lot into closer compliance with the City's landscape standards, which is one 8 1/2 foot by 18 foot landscaped planter for every 10 parking spaces. However, due to the small size of the lot, it was infeasible to provide the code required planters. The applicant's concerns with the t: parking lot are that they will become vehicles. The applicant stated that used the parking lot and the addition the lot and the trees may be damaged requiring constant replacement. ~ee wells in the interior of the an obstacle and traffic hazard to larger vehicles have historically of the trees would further confine ~r destroyed by the vehicles, thus In lieu of three interior trees, the applicant has agreed to plant the same number of queen palm trees within the newly created landscape planter at the northwest corner of the site. The applicant is proposing to install 8 foot palm trees. Staff is in agreement with this request provided the trees are 8 foot brown trunk trees, which will result in palm trees approximately 12 feet in height. This would result in the establishment of a significant landscape element along a major thoroughfare and will serve as a visual gateway to several city neighborhoods. The applicant's appeal application did not accurately reflect Planning Division Condition No. 5(d). In order to clarify, this condition requires the applicant to remove the existing liquidambar tree along Bush Street, including the trunk and all roots on private property. The 75D-2 Appeal No. 2009-04 Conditional Use Permit Variance No. 2006-13 November 2, 2009 Page 3 No. 2006-20 appeal application mistakenly assigned responsibility for stump and root removal to the City, which does not reflect the action of the Planning Commission. The City will be responsible for any needed root removal within the public right-of-way. As these trees, in conjunction with the additional landscaping proposed by the applicant, will create a significant visual element on the site, and the same number of trees will still be installed, staff is recommending that the City Council approve Appeal No. 2009-04. FISCAL IMPACT There is no fiscal impact associated with this action. J M. Trevino Executive Director Planning & Building Agency VF:rb vf\reports\cup06-20va06-13.cc-appeal 75D-3 75D-4 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: SEPTEMBER 14, 2009 TITLE: PUBLIC HEARING - FILED BY CARIBOU INDUSTRIES FOR CONDITIONAL USE PERMIT NO. 2006-20 AND VARIANCE NO. 2006-13 TO ALLOW A PARKING LOT IN THE MIDTOWN SPECIFIC PLAN DISTRICT AND TO REDUCE THE REQUIRED LANDSCAPED SETBACKS AND PARKING LOT LANDSCAPING AT 202 EAST SEVENTEENTH STREET PLANNING COMMISSION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For DENIED ^ Applicant's Request ^ Staff Recommendation CONTINUED TO Prepared by Vince Fregoso Executive Director Planning Manager RECOMMENDED ACTION 1. Adopt a resolution approving Conditional Use Permit No. 2006-20 as conditioned to allow a parking lot. 2. Adopt a resolution approving Variance No. 2006-13(a) as conditioned to allow a reduction in landscaped setbacks. 3. Adopt a resolution approving Variance No. 2006-13(b) as conditioned to allow a reduction in parking lot landscaping. DISCUSSION Request of Applicant Caribou Industries, on behalf of property owner 5 Goodyear LLC, is requesting approval of a conditional use permit and a variance in order to allow a parking lot at 202 East Seventeenth Street. Specifically, the applicant is requesting approval of a conditional use permit to allow a parking lot within the Midtown Specific Plan (SP-3) project area and a variance for a reduction in the required landscaped street setbacks. Property Descrivtion The project site is a 17,000 square foot parcel of land located on the southeast corner of Seventeenth and Bush Streets. The site contains no structures and is currently utilized as an overflow parking lot for the building located at 1666 North Main Street. The site was formerly occupied by a service station that was constructed in 1958 and demolished EXHIBIT A 75D-5 Conditional Use Permit No. 2006-20 Variance No. 2006-13 September 14, 2009 Page 2 in 1995. The site remained vacant until 2000, when the parking lot was constructed without benefit of permits from the Planning and Building Agency. While stand-alone parking lots are conditionally permitted uses within this zone, the current improvements are not considered legal due to the lack of permits. The site is zoned Midtown Specific Plan/Bush Street Professional District (SP-3) with a corresponding land use designation of Professional and Administrative Office (PAO). Surrounding land uses include commercial and office to the north, single-family and multiple-family residential to the south, and commercial to the east and west (Exhibits 1 and 2). Project Description The applicant is proposing to legalize the existing parking lot for use as overflow parking for the building located at 1666 North Main Street. The lot, as proposed, will contain a total of 45 parking spaces. The parking lot will meet all City standards, including double striping, stall width, stall length and minimum back-up area, except for the required landscaped setbacks. Other improvements will be made to the site that include new landscaping and irrigation in the front yard planters, resurfacing of the parking lot and drainage in compliance with National Pollutant Discharge Elimination System requirements for treating storm water runoff (Exhibit 3). Analysis of the Issues Conditional Use Permit Stand alone parking lots are conditionally permitted uses within the Bush Street Professional District of the Midtown Specific Plan (SP-3). The proposed parking is intended to provide additional guest parking spaces for the building located one block west of the site at 1666 North Main Street (Santa Ana Business Bank building), which was formerly owned by Caribou Industries, and is now owned by 5 Goodyear LLC. The parking lot will contribute to the general well being of the community by providing an additional overflow parking facility to individuals who work in the area, especially the 1666 North Main Street building. It will also contribute to the general well being of the area as the various hardscape and landscape improvements required for the property will improve the appearance of the site, which serves as an entry point into the French Court and French Park neighborhoods. 75D-6 Conditional Use Permit No. 2006-20 Variance No. 2006-13 September 14, 2009 Page 3 Landscaping Variance In conjunction with the conditional use permit application, the applicant is requesting a variance for a reduction in landscaped setbacks along both Seventeenth and Bush Streets and for a reduction in required parking lot landscaping. The Bush Street Professional District of the Midtown Specific Plan requires a 15-foot wide setback on Seventeenth Street and a 20-foot wide setback on Bush Street. Further, the Commercial Development Standards require one landscape planter for every 10 parking stalls. The applicant is proposing to maintain the existing five-foot setback on both Seventeenth and Bush Streets and not incorporate new landscaping within the parking lot. The parking lot was originally constructed without landscaped setbacks, which enabled the property owner to have approximately 51 parking spaces. These spaces were then used by the tenants of the 1666 North Main Street building, which was also owned by the previous property owner. As proposed, the project results in the reduction of six parking spaces from the existing lot. If constructed to the required setback dimensions, the number of available parking stalls would be reduced by approximately nine additional parking spaces, for a total reduction of 15 spaces. The applicant has indicated that the property was sold to 5 Goodyear LLC with the obligation for a minimum of 45 spaces on the parking lot, with a further reduction potentially placing Caribou Industries in breach of this sales agreement. Further, the property owner, 5 Goodyear LLC, required Caribou to apply for and obtain the permits necessary to legalize the lot. The applicant has indicated that this proposal retains 45 spaces while at the same time legalizing the use and bringing the site into closer compliance. Although the applicant's existing contractual obligation is important for a full understanding of his proposal, it is not adequate to substantiate the variance request. To that end, staff performed an analysis of the prevailing setbacks in the area as they relate to the provisions of the Mid-Town Specific Plan. Staff found that several structures adjacent to the site have prevailing setbacks that are less than required by the SP-3 zoning. The structures located on Seventeenth Street that are situated east and west of the project site have a setback that ranges from zero to three feet. Further, the residential structure located south of the site has a 10-foot landscaped setback. The parking lot is located in an existing urban setting that has narrower landscape edges. Setbacks that range from 15 to 20 feet are typical of a suburban development in a suburban setting; however, a 75D-7 Conditional Use Permit No. 2006-20 Variance No. 2006-13 September 14, 2009 Page 4 reduced landscaped setback, which still allows adequate space for mature plant growth, is appropriate in an urban setting. Due to the prevailing setbacks of these structures, a setback of five feet along Seventeenth Street and Bush Street is appropriate for this site. To lessen the reduction in landscaped setbacks and parking lot landscaping, staff is including a condition of approval that requires the applicant to install landscaping that exceeds the minimum sizes required by code. The parking lot will also be reslurried and restriped to comply with current City codes. These actions will assist in providing an aesthetically enhanced parking lot along Seventeenth and Bush Streets. On July 27, 2009, the Planning Commission held a public hearing on the two applications. During the hearing, issues pertaining to the unpermitted use of the lot for parking, the poor condition of the existing landscaping, potential improvements in the public right-of-way, the lack of maintenance of the parking lot and the minimal landscaping proposed for the project were raised by the Commission. At the conclusion of the hearing, the Commission continued the item and requested that the applicant return with a revised site/landscape plan that included the clean-up and/or removal of the existing landscaping, the replacement of the six-inch concrete curbs located around the landscape planters, and the installation of additional landscaping at the northwest corner of the site and the interior parking lot area. Since the hearing, staff has discussed these improvements with the applicant's representatives on several occasions. The applicant has decided to not propose any landscaping improvements to the site at this time and has not submitted a revised site plan or landscape plan. Based on the above analysis, staff recommends that the Planning Commission approve Conditional Use Permit No. 2006-20 as conditioned to allow a parking lot in the SP-3 zoning district and approve Variance No. 2006-13 as conditioned to allow a reduction in landscaped setbacks and parking lot landscaping provided additional landscaping is installed at the northwest corner of the site and within the interior parking lot area as discussed by the Planning Commission. 75D-8 Conditional Use Permit No. 2006-20 Variance No. 2006-13 September 14, 2009 Page 5 CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review pursuant to Section 15311. This Class 11 exemption allows the construction of minor accessory structures such as parking lots on commercial property. 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COMMERCIAL-MUSEUM DISTRICT MO MILITARY OPERATIONS RE RESIDENTIAL ESTATE C2 GENERAL COMMERCIAL O OPEN SPACE SD SPECIFIC DEVELOPMENT C3 CENTRAL BUSINESS P PROFESSIONAL SP SPECIFIC PLAN C3-A CENTRAL BUSINESS-ARTIST' VILLAGE PCD PLANNED COMMUNITY DEVELOPMENT C4 PLANNED SHOPPING CENTER PRD PLANNED RESIDENTIAL DEVELOPMENT C5 ARTERIAL COMMERCIAL CUP 06-20NA 06-13 ~ SEVENTEENTH STREET PARKING LOT ~ 202 EAST SEVENTEENTH STREET - - =SOOFEET 1" = 1000 FEET P L A N N I N G A N D B U I L D I N G A G E N C Y VICINITY MAP 7~~8'~TO J J Q RESIDENTIAL 2 2 W W p W O W O W O W ~ "~ (~ N 2 ¢ W W O Q C O M M E R C I A L ~ W ~ C O M M E R C I A L y O r~ J SEVENTEENTH STREET Z Q ~ COMMERCIAL r2 ¢ ~ PROJECT ~ Q _ 3tTE O OFFICE W Q J J Q O ~ ~ o - Z `' U p z Z ~ W W ~ O Q N p ~ Z m p N p p W W O W ¢ Q W SIXTEENTH STREET CUP 06-20NA 06-13 SEVENTEENTH STREET PARKING LOT ~, 202 EAST SEVENTEENTH STREET P L A N N I N G A N D B U I L D I N G A G E N C Y COMMERCIAL J Q w O y W Q LAND USE MAP EXHIBIT 2 75D-11 w IOLLb VJ 'VNV V1NVS ~}y ~~ "~x ~ ~ ~ 133?11S H1L l 1SV3 LOL ~ NYW ~' ~ f ~ ~~~ b f 1 ~Fw~a ~ NIVW N 9991 `JNI~I21Vd l~'NOIlI00V 91~Id ~ c ~~j~ m a"=~ p y 1 ~, ~ F ~ ~Aii~e i i s p:~" _c o., I I - ~~°~ _ I I ~~ y i i - I ~ ~ _ inn unaao I I ~ ~ ~ ~ I ~ ~~ ~ - 1 ~ ~ w~. ~ o ~ o ~ ~ ~' \ ~ ''~ ' i \~ 1 ~ 3~ ~ o \ I I = \ ez~ .~ s~ ~ 1~ w . ~ ~• ~ w ~ ~_ ~ ~. a o~ wl ~_ ~ ~- ~ ~ w~~ ~ ~Q ~ __ ~_ I w l N I o© ~_ ~ ry ~ M t_ ._ oP o ~~ W ~ ~~ w ~ J ~~ ~ ~ ~~ ~ ,~ _ ~~ a i ~ i~ _ l o - \ I I b a~ ~ _ _ + ~ ~ r I d ~ s~ ~ s ~ ~ a~ ~~ ___ _ ~~ Y~ w_ _` s_~ o.oi A ~ .gs=` 13~~1s Hsna 0 z = z~ o to LL o o S ~ ~> z U V ¢ z < z O O O ~ O z Z OLL__ ~' O f° v x o ~oLL ~ o LL3 ~ O ~ ~ ~ w o i ~ u l ~ ! ° ° o "' ~ ~ J d ~ ~j ~ ~ ~ w O a R ~ ~ ~ ~ 5 z k O - - ?<- 3°0 ~ ~ ° - ow n ,~ n ~~ r _ ~~ J ~ N z p x ~ ° z ~ ~ iLLmo ~w m z Ou < O z a^` m ~ ~ Z ~ o- V a mOF ~C~m O w z0 z z z O m ,-, ° C z ~ ,~ x ~ a w ° O ~., O ~ ~ w w ,,, Y ~; ~. ~~.'. 1~ h z zw < m~ wH ~ ~"" W~~ ~ za ~ z Z a ° ~ ~ ~z ow c7~ ~z O~ ~° w C7 3 wm LL, fs a m ~ ~O ~ ~ ~ jwE ~o z ° V s4~ °z sz0 ~ w~ w~ ¢ O ¢ N O z ~~ ~ ? d ~ ~~ w w ~ ~ r < E ~ ZO O ~,~, Oz O x~ xW ~ F w Y~ O w O amc~ ~- a R~ r 00 w O °~ ~ O ~ ° n o ~ z 0 • p. .y.. o..,, ..w,.. ... f~~' ,,. ~, _ `^ LL U N .~ x U~ ° ~ z~ F Y W w OO OO S ~ 3 ~ ~„ d I Oz z ~Om~ I W"'"' I ? I Wn ~ I '"° J OO z S<OOO~ 1~~ Y~., ~ _ n ~ ~e~ ~ ~° Q ~~~ ~ ma o _ ~~~ ~ _ ~ ~ M IFM-11 ^~l bk:7/22/09 RESOLUTION NO. 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING APPEAL NO. 2009-04 AND GRANTING CONDITIONAL USE PERMIT NO. 2006-20 AS CONDITIONED TO ALLOW A PARKING LOT AND VARIANCE NOS. 2006-13A AND 2006-13B AS CONDITIONED TO ALLOW A REDUCTION IN LANDSCAPING FOR THE PROPERTY LOCATED AT 202 EAST SEVENTEENTH 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. Applicant is requesting approval of a conditional use permit to operate a surface parking lot and two variances to reduce the required landscaping for the property located at 202 East Seventeenth Street. B. Conditional Use Permit No. 2006-20, and Variance Nos. 2006-13a and 2006-13b ("the matter") came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on May 11, 2009. On that date consideration of the matter was continued to June 8, and again on June 8 to June 22. No meeting was held on June 22, so the matter was duly renoticed for a public hearing on July 27, 2009, and at that time continued by vote of the Commission to September 14, 2009. C. At that place and time, following the public hearing the Planning Commission granted the application, but with a condition with respect to adding trees to the interior of the parking lot to which applicant objected. This appeal followed. D. In lieu of the interior trees condition imposed by the Planning Commission, the applicant has agreed to plant the same number of queen palm trees within a newly created landscape planter to be located at the northwest corner of the site. Staff supports this request provided that the trees are eight foot (8') brown trunk trees, which will translate into approximately twelve foot (12') tall palm trees. Staff believes this would result in the establishment of a significant landscape element along a major thoroughfare and will serve as a visual gateway to several city neighborhoods. Resolution No. 2009- Page 1 of 10 75D-13 E. Conditional Use Permit No. 2006-20 has been filed with the City of Santa Ana seeking to allow a parking lot within the Midtown Specific Plan (SP-3) zoning district. The proposed parking is intended to provide additional guest parking spaces for the building located one block west of the site at 1666 North Main Street (Santa Ana Business Bank building), which was formerly owned by Caribou Industries, and is now owned by 5 Goodyear LLC. 2. Santa Ana Municipal Code Section 41-638 authorizes the City Council to grant a conditional use permit upon making certain findings. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? The proposed parking lot will contribute to the general well being of the community by providing an area for visitors using the 1666 North Main Street building to park and will reduce the potential for visitors parking within the surrounding neighborhoods. ii. 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 parking lot will provide an amenity to individuals working in the area as well as persons visiting the 1666 North Main Street building. The parking lot has been designed to comply with the City's Design and Development Standards that pertain to parking lot design and circulation. Further, improvements such as enhanced parking lot lighting will improve the safety and welfare of persons in the vicinity. iii. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The parking lot will not affect the economic stability of the area as the site is currently vacant. Further, the site is an interim use that has the potential to be a development site in the future. Resolution No. 2009- Page 2 of 10 75D-14 iv. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? With the exception of landscaped setbacks and parking lot landscaping, the project has been designed to comply with the City's design and development standards for parking lots and will be in compliance with the regulations established in Midtown Specific Plan (SP-3) as well as Chapter 41 of the Santa Ana Municipal Code. v. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed parking lot is in an area designated Professional and Administrative Office (PAO) in the General Plan. The use is consistent with the General Plan and the SP-3 zoning district which permits parking lots with a conditional use permit. F. Variance No. 2006-13 has been filed seeking a reduction in landscaped setbacks along both Seventeenth and Bush Streets, and for a reduction in required parking lot landscaping. Santa Ana Municipal Code Section 41-638 authorizes the City Council to grant a variance upon making certain findings. 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 this chapter. There are unique circumstances applicable to the subject site that necessitates a variance for a reduction in landscaped setbacks and parking lot landscaping. The site is located on two arterial streets and is a vacant parcel of land. Due to the property's location on two arterial streets, a reduction in landscaping is typical of development within an urban setting and is appropriate for the project. Resolution No. 2009- Page3of10 75D-15 That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of the variance for a reduction in landscaping is necessary to preserve the property owner's ability to develop the property with a parking lot that will benefit the community. The parking lot, which will serve as additional parking for the 1666 North Main Street building, will assist in minimizing overflow parking into surrounding neighborhoods. iii. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The project will not be materially detrimental to the public welfare or injurious to surrounding property as the site is designed to comply with all aspects of the applicable zoning code except for landscape setbacks and parking lot landscaping. iv. 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 General Plan of the City since the proposed parking lot has been designed to be in substantial conformance with City zoning, development and General Plan requirements. Further, this project is consistent with Goal 3 of the Land Use Element, which is intended to preserve and improve the character and integrity of neighborhoods. G. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review pursuant to Section 15311. This Class 11 exemption allows the construction of minor accessory structures such as parking lots on commercial property. Categorical Exemption No. 2006-171 will be filed for this project. Section 2. The City Council, after conducting the public hearing and being duly informed, hereby approves for the property located at 202 East Seventeenth Street: Appeal No. 2009-04 is hereby sustained, subject to the condition that the conditions referenced in this resolution are hereby amended to replace the proposed three interior street trees with the same Resolution No. 2009- Page 4 of 10 75D-16 number of queen palm trees (minimum of eight foot (8') brown trunk trees) within the newly created landscape planter to be located at the northwest corner of the site. 2. Conditional Use Permit No. 2006-20, as conditioned in Exhibit "A" attached hereto and incorporated herein, to permit the subject property to operate a surface parking lot. 3. Variance No. 2006-13, as conditioned in Exhibit "B" attached hereto and incorporated herein, to maintain the existing five-foot setback on both Seventeenth and Bush Streets and not incorporate new landscaping within the parking lot. These decisions are based upon the evidence submitted at the above said hearing, which includes but is not limited to: the Request for Council Action dated November 2, 2009 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Section 3. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of , 2009. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Benjamin Kaufman Chief Assistant City Attorney Resolution No. 2009- Page 5 of 10 75D-17 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2009-XXX 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 Resolution No. 2009- Page 6 of 10 75D-18 Conditions for Approval for Conditional Use Permit No. 2006-20 Conditional Use Permit No. 2006-20 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 California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below rip or 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. The project shall remain in compliance with Site Plan Review DP No. 05-60. 2. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At this time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. The parking lot shall be repaired and repaved prior to issuance of a certificate of occupancy for the parking lot. 4. The parking lot shall be double-striped to comply with the City's parking lot standards prior to issuance of a certificate of occupancy for the parking lot. 5. A detailed landscaped plan shall be submitted to the Planning Division for review and approval prior to issuance of building permits for the parking lot. In addition to complying with minimum code requirements, the plan shall also include the following: a. Landscaping shall be installed at the northwest corner of the parking lot; b. Three queen palm trees (minimum of eight foot (8') brown trunk trees) shall be planted within the newly created landscape planter to be located at the northwest corner of the site. c. All damaged concrete curbing around the landscaping shall be replaced; d. The liquidambar tree in the Bush Street setback shall be removed; e. The Yucca Trees at the southwest corner of the site shall be removed and replaced with landscaping, including one 24-inch Australian Willow Tree; f. Existing on-site landscaping shall be cleaned-up. EXHIBIT A Resolution No. 2009- Page 7 of 10 75D-19 6. All trees planted within the landscaped setbacks and the parking lot shall be a minimum 24-inch box size trees. 7. All hedges to be installed on the premises shall be a minimum 15-gallon size. B. Police Department 1. All hedges to be provided within the landscaped setbacks along Seventeenth and Bush Streets shall be a maximum height of three feet. Resolution No. 2009- Page 8 of 10 75D-20 Conditions for Approval for Variance No. 2006-13 Variance No. 2006-13 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 California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below rip or 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. The project shall remain in compliance with Site Plan Review DP No. 05- 60. 2. Any amendment to this variance must be submitted to the Planning Division for review. At this time, staff will determine if administrative relief is available or the variance must be amended. 3. The parking lot shall be repaired and repaved prior to issuance of a certificate of occupancy for the parking lot. 4. The parking lot shall be double-striped to comply with the City's parking lot standards prior to issuance of a certificate of occupancy for the parking lot. 5. A detailed landscaped plan shall be submitted to the Planning Division for review and approval prior to issuance of building permits for the parking lot. In addition to complying with minimum code requirements, the plan shall also include the following: a. Landscaping shall be installed at the northwest corner of the parking lot; b. Three queen palm trees (minimum of eight foot (8') brown trunk trees) shall be planted within the newly created landscape planter to be located at the northwest corner of the site. c. All damaged concrete curbing around the landscaping shall be replaced; d. The liquidambar tree in the Bush Street setback shall be removed; e. The Yucca Trees at the southwest corner of the site shall be removed and replaced with landscaping, including one 24-inch Australian Willow Tree; f. Existing on-site landscaping shall be cleaned-up. EXHIBIT B Resolution No. 2009- Page 9 of 10 75D-21 5. All trees planted within the landscaped setbacks and the parking lot shall be a minimum 24-inch box size trees. 6. All hedges to be installed on the premises shall be a minimum 15-gallon size. B. Police Department 1. All hedges to be provided within the landscaped setbacks along Seventeenth and Bush Streets shall be a maximum height of three feet. Resolution No. 2009- Page 10 of 10 75D-22