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HomeMy WebLinkAbout2004-51• RESOLUTION NO. 2004-51 KO -12/21 /04 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2004-08 TO ALLOW OFF-SITE PARKING FOR THE ORANGE COUNTY PERFORMING ARTS PAVILION LOCATED AT 801 NORTH MAIN STREET BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of Variance No. 2004-08 to allow the required parking for the office, theater and restaurant to be located off-site. B. On September 27, 2004, the Planning Commission held a duly noticed public hearing and approved Variance No. 2004-08. • 1. On October 11, 2004 the Planning Commission voted to reconsider the adoption of Variance No. 2004-08. 2. On October 25, 2004 the Planning Commission held a duly noticed public hearing on Variance No. 2004-08. The Planning Commission continued the public hearing to November 22, 2004. 3. On November 22,2004, the Planning Commission further continued the public hearing to December 13, 2004. C. The Planning Commission determines that for Variance No. 2004-08 the following findings, which must be established in order to grant a variance from the provisions of the Santa Ana Municipal Code, have been established: 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 variance with the intent and purpose of the provisions of this chapter. The City approved the development on this site in 1965 to • serve as a bank and office building with 49 on-site parking spaces. Due to changes in the City's regulations and Resolution No. 2004-51 Page 1 of 4 intensification of use, this building is not able to • accommodate its required parking demand on site, and must rely on off-site parking to serve its parking demand. The Midtown Specific Plan adopted provisions to allow shared parking between uses that operate at different times to mitigate the lack of parking in this area. Since the project is located in the Midtown Specific Plan zoning district, and shared parking is encouraged, the strict application of the parking zoning ordinance would deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of a variance to allow off-site parking is necessary for the preservation and enjoyment of the applicant right to re-establish a permitted use on a developed site. Parking is required for the economic viability of the project, as well as for compliance with the City's regulations. 3. That the granting of a variance will not be materially detrimental to • the public welfare or injurious to surrounding property. The granting of a variance for off-site parking will not be materially detrimental to the public welfare or injurious to surrounding property as conditioned. The conditions established for the project are intended to mitigate any concerns that would negatively affect the surrounding area by insuring that required parking demand will be accommodated in designated areas, which will be available to patrons of the proposed venue. It is anticipated that the project will enhance the economic stability of the area by redeveloping a site with an evening use, extending the potential of pedestrian activity in the local area. 4. That the granting of the 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 theater and restaurant has been designed in conformance with the City zoning, development and General Plan requirements. • Resolution No. 2004-51 Page 2 of 4 • D. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review. Categorical Exemption Environmental Review No. 2004-184 will be filed for this project. Section 2. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby: 1. Variance No. 2004-08 to allow the required parking for the office, theater and restaurant to be located off-site. 2. This decision is based upon the evidence submitted at the abovesaid hearing, which includes but not is not limited to: the Staff reports and exhibits attached thereto; and the public testimony all of which are incorporated herein by this reference. • • ADOPTED this 13th day of December, 2004 by the following vote: AYES: Commissioners: Cribb, DeLaTorre,Leo,Lutz,Mondo,Nalle,Sinclair(7) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: None (0) APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney ,, By: Kylee O. o Deputy C~ Attorney Resolution No. 2004-51 Page 3 of 4 • • CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Clerk of the Planning Commission, do hereby attest to and certify the attached Resolution No.2004-51 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on December 13, 2004. Date: ~ ~~- ~ ~ Clerk of the Planning Commissi City of Santa Ana Resolution No. 2004-51 Page 4 of 4 Conditions for Approval for Variance No. 2004-08 Variance No. 2004-08 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 Uniform Fire Code, the Uniform Building 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. All proposed site improvements must conform to the Site Plan Review approval of DP No. 2004-65. • 2. Any amendment to this variance must be submitted to the Planning Commission, the Planning Division and Police Department for review. At that time, staff will determine if administrative relief is available or the variance must be amended. 3. The operation of the theater shall be characterized by the common meaning of a theater and shall not operate as an indoor entertainment establishment, as defined in Section 41-142, nor as a nightclub or a bar. 4. The hours of operation for the theater and first floor bar shall be as follows: Monday through Friday 6:00 p.m. to 12:00 a.m. and on Saturdays and Sundays from 10:00 a.m. to 12:00 a.m. 5. The truck loading area shall only operate between 8:00 a.m. and 5:00 p.m. Monday through Friday. No deliveries will occur at any other time. 6. The applicant shall record an exclusive use easement, in a form acceptable to the City Attorney of the City of Santa Ana, for egress, ingress and parking of 230 vehicles during the theater, restaurant and bar hours of operation for 1055 North Bush Street and 1055 North Main Street, or any other property with 230 available parking stalls located within 800 feet of the proposed venue. Said easement shall remain in effect in perpetuity or until such time as the building is demolished. • 7. All required parking for the theater and restaurant shall be provided free of cost to the patrons. Exhibit "A" 8. A minimum of two parking attendants shall be provided per parking facility t at any time the premise is in operation. 9. Directional and convenience signs, in compliance to the Santa Ana Municipal Code section 41-872, shall be provided to direct theater patrons to the appropriate parking location. 10. A parcel map to consolidate lots 1, 2, 6, 7, 8, 9 and 10 shall be filed prior to issuance of the Certificate of Occupancy and approved no later than nine months after issuance of the Certificate of Occupancy. 11. The applicant shall record an exclusive use easement, in a form . acceptable to the City Attorney of the City of Santa Ana, for egress, ingress and parking for Lot 3 in Block C of the Price and Stella Fruit Addition to Santa Ana, commonly known as 809 North Bush Street, to serve as required parking for the office use at 801 North Main Street. The exclusive use easement shall not be required if this lot is included in the parcel map required by Planning Division Condition No. 10. 12. The applicant shall maintain a leasehold estate in and to Lots 4 and 5 in Block C of Price and Stella Fruit Addition to Santa Ana for the remainder of the term of lease, which is due to expire on 31St day of March 2030. Within 30 days of termination, the applicant shall file an application with • the City of Santa Ana to identify the new location to accommodate displaced required parking stalls. Should the applicant fail to secure the required parking spaces, this variance shall become void. 13. The parking facilities used to satisfy the parking requirements shall be improved to comply with all applicable codes. 14. Except for Condition No. 10, all conditions for this variance shall be completed and in effect prior to the issuance of the Certificate of Occupancy. 15. There shall be no live entertainment, except for that provided by the theatrical performance, in the restaurant, bar area or theater. 16. The use of outside promoters, which includes third parties producing permitted performances at the facility, shall be prohibited. Applicant shall maintain control of the facility, including the parking lots, restaurant and bar, at all times the facility is open to the public, and all contracts for permitted uses at the facility shall be between applicant and the performer(s). 17. The hours of operation for the restaurant and second floor bar shall be as • follows: 10:00 a.m. to 12:00 a.m. seven days a week. Exhibit "A" B. Police Department The applicant(s) shall be responsible for maintaining free of litter the parking lots under the control of the licensee. 2. The petitioner(s) shall be responsible for maintaining the parking lots free of graffiti. All graffiti must be removed within 24 hours of occurrence. All graffiti on the marble finish shall be cleaned and not painted over. 3. The applicant(s) shall place a placard prohibiting loitering, pursuant to California Penal Code (CPC) Section 602, at each entrance to the parking lots. 4. It shall be the applicant(s) responsibility to ensure that CPC Section 602 is complied with at all times that the parking lots are in operation. 5. Security guards shall maintain order therein and prevent any activity which would interfere with the quiet enjoyment of their property by nearby residents. Guards shall remain in the parking lots until all patrons have left the premises. 6. The existing parking lot, specifically the lots located at 1055 North Main • Street and 1055 North Bush Street, must conform to the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code. These code conditions will require that the existing project's lighting, door/window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. 7. The Chief of Police, or his designate, shall first approve every security guard employed by you. If there is marked or noticeable increase in the number of police-related incidents on or near the premises, as such increase may be determined by the Chief of Police, the applicant(s) shall increase the number of uniformed, licensed security guards to a total number of guards as determined by the Chief of Police. 8. Between the hours of 6:00 p.m. and 12: 00 a.m. or at any time the premises are providing entertainment, the applicant shall provide a minimum of two, uniformed State licensed security guards in the parking lot at 1055 North Bush Street and the parking structure located at 1055 North Main and one uniformed State licensed security guard at 801 North Main Street. • Exhibit "A"