HomeMy WebLinkAbout31A - CUP - SA LOFTS-MAIN ST STUDIOS-E VILLAGE LOFTSREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
NOVEMBER 4, 2013
TITLE:
MODIFY CONDITIONAL USE PERMIT NO.
2001 -28 FOR THE SANTA ANA LOFTS, MAIN
STREET STUDIOS, AND THE EAST VILLAGE
LOFTS LOCATED IN DOWNTOWN SANTA
ANA — BILL McREYNOLDS, APPLICANT
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
101 -1i71
❑ As Recommended
❑ As Amended
❑ Ordinance on 1" Reading
❑ Ordinance on 2 o Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Receive and file the staff report approving modifications to Conditional Use Permit No. 2001 -28
as conditioned.
PLANNING COMMISSION ACTION
On October 14, 2013, the Planning Commission adopted a resolution approving modifications to
Conditional Use Permit No. 2001 -28 as conditioned by a vote of 7:0 to modify Condition of
Approval No. 3 which prohibits the rental of live -work units at the Santa Ana Lofts, Main Street
Studios, and East Village Lofts in Downtown Santa Ana located in the Transit Zone Downtown
(SD84) zoning district. The Planning Commission made no changes to the recommended
conditions of approval outlined in the attached staff report (Exhibit A).
DISCUSSION
This action removes the requirement that the live -work units that comprise the Santa Ana Lofts,
Main Street Studios and East Village Workshops be owner- occupied, which allows for owners of
condominiums to rent them if they wish. All of the units will still be subject to the maintenance
requirements contained in the conditions, covenants and restrictions of the homeowners
association.
FISCAL IMPACT
There is no fiscal impact associated with this action.
Jay . Trevino
Executive Director
Planning & Building Agency
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Exhibit: A. Planning Commission Staff Report
31A-1
31A-2
REQUEST FOR
Planning Commission Action
PLANNING COMMISSION MEETING DATE:
OCTOBER 14, 2013
TITLE:
PUBLIC HEARING — FILED BY BILL McREYNOLDS
TO MODIFY CONDITIONAL USE PERMIT NO. 2001 -28
FOR THE SANTA ANA LOFTS, MAIN STREET
STUDIOS, AND THE EAST VILLAGE LOFTS
LOCATED IN DOWNTOWN SANTA ANA
Prepared by Ali Pezesh
Executive birector
PLANNING COMMISSION SECRETARY
APPROVED
•
As Recommended
•
As Amended
•
Set Public Hearing For
DENIED
•
Applicant's Request
•
Staff Recommendation
CONTINUED TO
Planning Manager
RECOMMENDED ACTION
Adopt a resolution approving modifications to Conditional Use Permit No. 2001 -28 as conditioned.
Request of Applicant
Bill McReynolds, on behalf of the Santa Ana Lofts Maintenance Corporation and the Artist Walk
Corporation, is requesting to modify Conditional Use Permit (CUP) No. 2001 -28 to remove Condition
No. 3, which prohibits the rental of live -work units at the Santa Ana Lofts (201 -291 North Sycamore
Street, 151 -191 West Second Street, and 150 -190 West Third Street), the Main Street Studios (201-
238 North Main Street), and the East Village Lofts (200 -232 and 201 -253 North Bush Street, 200-
214 North Spurgeon Street, and 200 -208 East Third Street) live /work lofts residential communities.
Proiect Location and Site Description
The subject site consists of multiple parcels spanning three city blocks: Sycamore Street from Second
to Third Streets, known as the Santa Ana Lofts; the area between Main, Second, Third, and Bush
Streets, known as the Main Street Studios; and the area between Bush, Second, Third, and Spurgeon
Streets, known as the East Village Lofts. The project site totals approximately 3.12 acres (Exhibit 1).
The surrounding land uses include a public garage, a restaurant, a variety of office and commercial
uses, and surface parking lots to the north; the East Village Workshops, a gallery, commercial uses,
and vacant lots to the south; assorted commercial uses and nightclub to the east; and a collection of
restaurants, artist galleries, and studios to the west (Exhibit 2).
Proiect Description
Conditional Use Permit No. 2001 -28 was originally approved for all three project sites by the City
Council on November 19, 2001 under the general address of 201 North Main Street. The conditional
use permit contains nine conditions: eight from the Planning Division and one from the Police
EXHIBIT A
31A-3
Amend CUP No. 2001 -28
October 14, 2013
Page 2
Department. Among these is Condition No. 3, which requires that each unit remain owner occupied
and not be made available for rent. The requested action consists of modifying the existing CUP to
remove this condition in its entirety. The applicant does not propose removal of any other conditions,
such as those limiting occupants to four per unit or the number of rooms that may be used for sleeping
purposes.
Proiect Backaround
The Artist Village live /work lofts project site was constructed in three phases between 2002 and 2011.
The original conditional use permit, CUP No. 2001 -28, covered all three phases. The project consisted
of several Planning Division applications, including a variance (No. 2001 -09), tentative tract map (No.
16217), and the CUP that is the subject of this application. Other application items associated with the
project include an alley abandonment, a disposition and development agreement, a parking
agreement, an environmental mitigation agreement, and an affordable housing agreement.
The overall development consists of 86 residential units as well as various surface parking lots that
were constructed in several phases. The developments feature two -story townhomes occupying the
first and second levels, and single -floor "flat" units on the third level. Square footages for the units
range from 1,500 to 2,800 square feet. The units were designed and constructed to provided front
entrances facing the street where possible and along landscaped areas for non - street frontages
(Exhibit 3).
Condition of approval No. 4 requires that covenants, conditions, and restrictions (CC &Rs) be provided
and approved for the project prior to the issuance of any permits. This condition also specified the
minimum contents of the CC &Rs required by the City, such as use restrictions, project maintenance,
prohibitions against hazardous materials or activities, and terms and content. In December 2010, the
applicant revised the CC &Rs to reflect the removal of the rental restriction (Condition No. 3) from the
project site and that reflect the establishment of the new Santa Ana Lofts Maintenance Corporation
homeowner association (Exhibit 4). The applicant is now applying to modify the existing CUP to
ensure that the contents of the CC &Rs and the conditions of approval remain consistent.
General Plan and Zoning Consistency
The General Plan land use designation for the site is District Center (DC). District Centers are
designed to serve as anchors to the City's commercial corridors, and to accommodate major
development activity. The project site is consistent with this General Plan land use designation.
The parcel is located within the Transit Zone Downtown (SD -84) zoning district and has a use suffix
of Downtown Zone (DT). The Downtown Zone suffix allows for live /work projects, making the
current use consistent with the zoning code.
31A-4
Amend CUP No. 2001 -28
October 14, 2013
Page 3
Protect Analysis
Conditional Use Permit requests are governed by Section 41 -638 of the SAMC. Modification to an
approved conditional use permit may be granted when it can be shown that the following can be
established:
• That the proposed use will provide a service or facility which will contribute to the general well
being of the neighborhood or community.
• That the proposed use will not, under the circumstances of the particular case, be detrimental to
the health, safety, or general welfare of persons residing or working in the vicinity.
• That the proposed use adversely will not affect the present economic stability or future economic
development of properties surrounding the area.
• That the proposed use will comply with the regulations and conditions specified in Chapter 41 for
such use.
• That the proposed use will not adversely affect the General Plan of the city or any specific plan
applicable to the area of the proposed use.
If these findings can be made, then it is appropriate to modify the conditional use permit. Conversely,
the inability to make these findings would result in a denial. Using this information staff has prepared
the following analysis, which, in turn forms the basis for the recommendation contained in this report.
The original conditions of approval for the project were intended to ensure that the property would be
well- maintained after the project's completion. Condition No. 3 was added during a time in which the
City began considering new applications for multi - family residential projects. Until that time, starting in
the early 1990s, the City had ceased processing applications for multi - family projects due to concerns
stemming from architecture, density, and amenities, and the long -term viability of these projects. In the
early 2000s, the City began considering new applications for multi - family housing projects and
implemented development standards and conditions of approval that would address these concerns.
Condition No. 3 and other similar conditions, such as those limiting the number of occupants in each
unit, were intended to ensure that new residential developments remained well- maintained. Further,
this condition was added to other new multi - family projects approved by the City, such as those at
MacArthur Place and City Place. Since that time, staffs experience illustrates that rental restrictions
and other similar conditions have not been critical to maintaining the long -term quality of multi - family
projects. Further, the City Council has removed the rental restriction on more recent projects, such as
the Skyline Towers and The Marke. The development standards in place at the time of construction,
as well as the other conditions of approval, will continue to address the original concerns with quality
and maintenance surrounding the project.
31A-5
Amend CUP No. 2001 -28
October 14, 2013
Page 4
In analyzing the applicant's request, staff believes that the following findings of fact warrant approval
of the conditional use permit modification:
• The proposed modifications to remove the rental restriction from the conditions of approval will
provide a service or facility which will contribute to the general well -being of the neighborhood or
community. Allowing existing live /work units to be both renter or owner -occupied enhances the
overall viability of the project site by helping to decrease the number of potential vacancies. The
reduction of vacancies will allow the project site to continue to attract live /work residents whose
services will benefit the community.
• The modifications to the conditional use permit will not be detrimental to persons residing or
working in the area because the use, as conditioned, will not create negative or adverse impacts.
Live /work units occupied by owners or renters will continue to provide services to the community.
The types of businesses that may occupy the live /work units are specified in the existing conditions
of approval and no modifications are proposed to the types at this time. Moreover, conditions are
imposed to mitigate potential impacts to those in the vicinity.
• The proposed use will not adversely affect the economic stability of the area, but will instead allow
the residential community to attract tenants whose products or services will contribute to the
economic vitality of both Downtown Santa Ana and the city as a whole.
• As conditioned, the proposed project will be in compliance with all applicable regulations and
conditions imposed on live /work units in the Transit Zone Downtown (SD -84) zoning district.
Pursuant to previous conditions, the residential community has continued to retain its live /work
status and original configurations as originally approved and constructed, and no modifications to
the actual units, number of rooms available for sleeping purposes, and maximum occupancy are
proposed at this time.
• The proposed use will not adversely affect the General Plan. Policy 2.2 of the Land Use
Element encourages land uses that accommodate the City's needs for goods and services.
Removing a restriction on renting of live /work units will allow the project site to attract future
tenants and reduce vacancies, and the resulting occupancies of the live /work units will contribute
to the range of services available to the residents of Santa Ana, employees, and visitors to
Downtown.
Public Notification
The project site is located within the boundaries of the Downtown and Lacy Neighborhood
Associations. The presidents of these Neighborhood Associations were notified by mail 10 days
prior to this public hearing. In addition, the District representative from the City's Neighborhood
Improvement Division contacted the presidents to ensure that they were notified of the project and
to determine any potential areas of concern: none were identified.
31A-6
Amend CUP No. 2001 -28
October 14, 2013
Page 5
The project site itself was posted with a notice advertising this public hearing, a notice was
published in the Orange County Reporter and mailed notices were sent to all property owners within
500 feet of the project site. At the time of this printing, no correspondence, either written or
electronic, had been received from any members of the public.
CEQA Compliance
This project was reviewed in accordance with the Guidelines for the California Environmental Quality
Act. The recommendation is exempt from further review pursuant to Section 15301. This Class 1
exemption applies to a project that involves an existing structure with little or no expansion involved.
Categorical Exemption Environmental Review No. 2013 -76 will be filed for this project.
Conclusion
Based on the analysis provided within this report, staff recommends that the Planning Commission
approve the proposed modification to Conditional Use Permit No. 2001 -28 as conditioned.
Ali Pezeshkpbur
Assistant Planner I
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Vince Fregoso, AICR
Principal Planner
Attachments:
Exhibit 1 — Vicinity Map
Exhibit 2 — Location Map
Exhibit 3 — Site Photo
Exhibit 4 — Conditions of Approval for CUP No. 2001 -28
31A-7
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31A-9
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ARTIST WALK LIVE /WORK LOFTS SITE PHOTO
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EXHIBIT 3
31A -10
BK:11/13/01
RESOLUTION NO. 2001-086
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA APPROVAL OF MITIGATION MONITORING
PROGRAM FOR ENVIRONMENTAL REVIEW NO. 01 -144,
CONDITIONAL USE PERMIT NO. 01 -28, APPROVAL OF
VARIANCE NO. 01 -09, APPROVAL OF TENTATIVE TRACT
MAP NO. 16217, AND APPROVING AND ADOPTING THE
MITIGATED NEGATIVE DECLARATION AND IN ORDER
TO CONSTRUCT 86 LIVE -WORK STUDIOS GENERALLY
BOUNDED BY SYCAMORE, SPURGEON, SECOND AND
THIRD STREETS
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. Conditional Use Permit No. 01 -28 has been filed with the City of Santa
Ana to allow the live -work development within the Artists Village (C3 -A)
zoning district.
1. On October 22, 2001 by a vote of 6:0 (Mondo absent) the Planning
Commission voted to recommend the City Council adopt a
resolution approving Conditional Use Permit No. 01 -28.
2_ Will the proposed use provide a service or facility that will contribute
to the general well being of the neighborhood or community?
The proposed conditional use permit to allow the
construction of 86 live -work studios will provide a piece of
the puzzle currently absent within the Artists Village area.
The unique provision of space that can be utilized for dual
purposes within a single studio provides a component
Integral to the village zoning goals. The injection of living
and working space will provide a lifestyle that has proven
successful throughout downtowns within the United States.
A live -work project will add to the vibrant dynamics of the
downtown, increasing activity within the Artists Village.
3. 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?
Resolution No. 2001 -086
Page 1 or 7
The approval of the conditional use permit 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 addition of persons within a desolate
portion of the downtown will assist in promoting the
economic viability and enhance the livability for this area of
the downtown.
4. Will the proposed use adversely affect the present economic
stability or future economic development of properties surrounding
the area?
The live -work studios are a suitable and appropriate use
within the downtown setting. The addition of live -work studio
space should increase the patronage to surrounding
downtown businesses, thereby enhancing the viability of the
businesses.
5. Will the proposed use comply with the regulations and conditions
specified in Chapter 41 for such use?
i. As conditioned and the approval of Variance No. 01 -09, the
proposed project will be in compliance with all applicable
regulations and conditions imposed on live -work studios,
pursuant to Chapter 41 of the Santa Ana Municipal Code.
6. Will the proposed use adversely affect the General Plan or any
specific plan of the City?
i. The proposed use will not adversely affect the General Plan.
Live -Work studios are permitted within the Central Business -
Artists Village (C3 -A) zoning district and the District Center
(DC) General Plan designation.
B. Variance No. 01 -09 has been filed with the City of Santa Ana to allow a
higher project density for live -work development within the Artists Village
(C3 -A) zoning district.
1. The maximum density allowed for live -work developments within
the C3-A zoning district is 22 dwelling units per acre. The applicant
has requested a variance, which would permit a project density of
28 dwelling units per acre.
2. On October 22, 2001 by a vote of 6:0 (Mondo absent) the Planning
Commission voted to recommend the City Council adopt a
resolution approving Variance No. 01 -09.
Resolution No. 2001 -086
Page 2 of 7
-31A
3. 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.
Due to the impact of the public streets bisecting this project,
the density standard negatively impacts the desired
character of the live -work project. To achieve a sense of
community and create the economic base to support the
maintenance of the common areas, the actual unit counts for
the project is critical. The proposed 86 live -work units will
allow for the establishment of a vital and stable community.
The approval to increase the density for the development
project would not jeopardize the intent of the Artists Village
(C3 -A) zoning requirements or the District Center (DC)
general plan land use designation. Located within the
established downtown, the density increase would remain
well below other previously developed projects In the area
and those established within District Centers.
4. That the granting of a variance is necessary for the preservation
and enjoyment of one or more substantial property rights.
Approval of the variance allows the applicant to construct 86
live -work studios within the emerging Artists Village of the
downtown. The Olson Company in partnership with the
Community Development Agency desires to develop a
stable, attractive live -work community. The granting of the
variance to the higher density will enable the partners to
provide an appropriately sized project that meets the intent
of the C3A zoning district and to exercise their rights to an
economically viable development project.
5. That the granting of a variance will not be materially detrimental to
the public welfare or injurious to surrounding property.
1. Granting a variance will not be detrimental to the public and
surrounding properties by allowing a higher density. The
approval of the density increase from 22 dwelling units per
acre to 28 dwelling units per acre will not be a detriment to
the surrounding properties. The increase to the project's
density would not impact the surrounding infrastructure.
While the density of the project is 28 dwelling units per acre,
a condition of the project limits occupancy to a maximum of
four persons per unit. The occupancy limit is intended to
Resolution No. 2001 -088
Page 3 of 7
help promote the live -work lifestyle and will help limit the
impacts of the project on infrastructure and public services.
6. That the granting of a variance will not adversely affect the General
Plan of the City.
I. The granting of the variance will not adversely affect the
CKys General Plan land use designation of District Center
(DC).
C. Tentative Tract Map No. 16217 is consistent with the goals and objectives
of the General Plan designation to preserve and stabilize residential
neighborhoods.
On October 22, 2001 by a vote of 6:0 (Mondo absent) the Planning
Commission voted to recommend the City Council adopt a
Tentative Tract Map No. 16217.
2. The proposed project, as conditioned, and its design and
Improvements are consistent with the District Center land use
designation of the General Plan and are otherwise consistent with
all other elements of the General Plan and any applicable specific
plans.
I. The proposed subdivision creates four lots with three of the
lots to be used for 86 live -work units and one lot to be used
as a surface parking area consistent with the District Center
designation provisions.
3. The proposed project, as conditioned, conforms to all applicable
requirements of the zoning and subdivision codes, as well as other
applicable City ordinances.
I. The proposed subdivision conforms to the minimum
condominium requirements, as well as meets the letter and
intent of the State of California Subdivision Map Act
provisions.
4. The project site is physically suitable for the type and density of the
proposed project.
I. The project site consists of three city blocks containing many
street frontages, allowing adequate frontage for each parcel.
There are no physical constraints on the site to preclude
development.
Resolution No. 2001 -086
Page 4 of 7
_ 5. The design and improvements of the proposed project will not
cause substantial environmental damage or substantially and
avoidable injure fish or wildlife or their habitat.
I. There are no wetlands or unusual flora or fauna on or
around the project site. No development surrounding this
site Wit be substantially affected by this proposal.
6. The design or improvements of the proposed project will not cause
serious public health problems.
I. The proposed infill development is for live -work studios and
will be in compliance with the Artists Village (C3 -A) zoning
and building requirements.
7. The design of improvements of the proposed project will not conflict
with easements necessary for public access through or use of the
property within the proposed project.
L There are no easements that would affect the use or
development of this site.
D. Mitigated Negative Declaration and Mitigation Monitoring Program for
Environmental Review No. 2001 -144 has been prepared for the Project.
Section The City Council has reviewed and considered the information
contained in the initial study and the mitigated negative declaration and mitigation
monitoring program for Environmental Review No. 01 -144 prepared with respect to this
Project. Pursuant to the California Environmental Quality Act ( "CEQA7) and the State
CEQA Guidelines, the Mitigated Negative Declaration adequately addresses the expected
environmental impacts of this Project and reflects the City Council's independent judgment
and analysis. 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 approves and adopts the 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 ") §
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 or the 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 § 711.2 and Title XIV, CCR § 735.5(ax3), the
payment of Fish and Game Department filing fees is not required in conjunction with this
project.
Resolution No. 2001 -066
Page 5 of 7
Section 3. The City Council of the City of Santa Ana hereby finds, determines _
and declares as follows:
A. The City Council approves and adopts the Mitigated Negative Declaration
and Mitigation Monitoring Program for Environmental Review No. 01 -144.
B. The Ctty Council approves Conditional Use Permit No. 01 -28 as
conditioned in Exhibit "A" attached hereto and incorporated herein by this
reference as though fully set forth.
C. The City Council approves variance No. 10 -09 as conditioned in Exhibit
"B" attached hereto and incorporated herein by this reference as though
fully set forth.
D. The City Council approves Tentative Tract Map No. 01 -09 as conditioned
on Exhibit "C" attached hereto and incorporated herein by this reference
as though fully set forth.
Section 4. 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 JDL day of November, 2001.
Miguel A. Pull
Mayor
APPROVED AS TO FORM:
Jgseplf�. �tcher, City Attorney
Assistant City Attorney
Resolution No. 2001 -086
Page 6 of 7
AYES: Councilmembers:
NOES: Councilmembers
ABSTAIN: Councilmembers:
NOT PRESENT: Councilmembers:
Alvarez. Puliido (2)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
1, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the
attached Resolution No. 2001-086 to be the original resolution adopted by the City
Council of the City of Santa Ana on November 19.2001.
Date: /?=,,-/OL3/4? r
City of Santa Ana
Resolution No. 2001 -086
Page 7 of 7
• IM, c e 4
• s • W. L s
Conditional Use Permit No. 01 -28 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 fully with each and every condition listed below prior 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
Llm§Eurr,TIT7,.711 •�
Comply with all conditions and requirements from the Development Review Committee
(DRC) for the development project (DP 01 -29).
2. No more than four residents per unit.
3. The units shall remain owner occupied and shall not allow rental of the entire unit.
4. Covenants, Conditions, and Restrictions (CC &R's) must be provided and approved for
the project prior to the issuance of any permit. Such CC &R's must contain at a
minimum, the following:
A) Use Restriction
The project must remain as a live -work community. The work component is to
be defined as the following allowable uses as outlined in the Central Business -
Artists Village (C3 -A) zoning district:
Commercially operated professional studios.
Fine art studios and/or galleries.
iii. Fiber arts studios and /or galleries.
iv. Printing, lithography, and calligraphy facilities.
V. Photography studios.
Exhibit A
31A�
vi. Ceramic and pottery studios.
vii. Glass blowing and sculpturing studios.
viii. Home office with no employees and no storefront.
ix. Any use listed above, with a maximum of two non - resident employees.
X. Outdoor uses, weekend or after -hour activities, entertainment uses, and
any other similar use which may be deemed appropriate and in keeping
with the live -work community by the Deputy City Manager of
Development Services.
xi. Special approved uses include:
a. Retail.
b. Food and /or beverage sales.
C. Professional, administrative and business uses.
d. Restaurants.
e. Commercially operated professional studios.
f. Fine arts studios and /or galleries.
g. Fiber arts studios and /or galleries.
h. Printing, lithography and calligraphy facilities.
L Photography studios.
j. Ceramic and pottery studios.
k. Glass blowing and sculpturing studios.
Approval and a determination of application of commercial building code
requirements for the special approved use shall be made by the Deputy
City Manager for Development Services after consultation with the
Building Official and Planning Manager.
xii. Uses not permitted include: Schools, banquet facilities and theaters.
B) Project Maintenance
Standards shall be established for the exterior maintenance of each unit
within the community.
ii. Graffiti removal will be required within specified time frames.
iii. Assignment of repair of perimeter walls will be specified in the CC &R's in
the event of damage.
Exhibit A
C) Prohibited hazardous activities include those found in Section 8- 2700(5) of the_
Municipal Code: "no hazardous activity such as, but not limited to, welding, opei
flame or storage of flammable liquids shall occur in a live -work space without speck
written approval from the Fire Department and Building Official ".
D) Disclosure and release: CC &R's shall provide notice to prospective owners of the
urban character of the City's Downtown area, Including but not limited to the
permitted uses of the buildings sharing each block with the development (i.e., the
Builder's Exchange Building, Old City Hall and Festival Hall), and shall provide a
release of all claims against developer, City, Community Redevelopment Agency,
DGWB Advertising and Festival Hail which may arise from or relate to the disclosed
matters.
E) Terms and Content:
CC &R's are to be in effect in perpetuity.
ii. Any proposed modifications to the CC&R's will require approval by the
City of Santa Ana.
5. No more than two areas of the unit shall be constructed or utilized for sleeping
purposes, except as described in Condition No. 6.
6. For the third floor units, any ground level space provided cannot be used for sleepinc
purposes.
All garages shall be maintained as designed for parking purposes.
A tentative tract map shall be approved prior to the applicant exercising the rights
conferred by this conditional use permit.
9. Prior to pulling building permits for the block on Bush Street bounded by Second, Third
and Spurgeon, the fee in the amount designated by the Deputy City Manager for
Development Services as being the reasonably estimated cost for the off site mitigation
measures (i.e., the six mitigation measures on page 38 and the fourth bulleted mitigation
measure on page 40 of Mitigated Negative Declaration No. 01 -144) shall be paid in full to
the City of Santa Ana. The City of Santa Ana will use this fee to complete the off site
mitigation measures required by Mitigated Negative Declaration.
10, Applicant shall comply with all mitigation measures contained within the Mitigated
Negative Declaration for the Santa Ana Live Work Lofts, No. 01 -144.
Prior to site plan approval, indicate compliance with Santa Ana Municipal Code lighting_
requirements for walkways and drive aisles,
Exhibit A
31 A 2Q____.._.
_; ..
•. .. .
Variance No. 01 -09 is approved subject to compliance, to the reasonable satisfaction of the
Planning Manager, with all applicable sections of the California Subdivision Map Act, 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 fully with each and every condition listed below prior to exercising the
rights conferred by this tentative tract map.
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.
ITI i• ' •r
Comply with conditions 1, 2, 3, 5, 6, 7, and 8 from Conditional Use Permit No. 01 -28.
Exhibit B
Tentative Tract Map Ng, 16217
Tentative Tract Map No. 16217 is approved subject to compliance, to the reasonable satisfaction of
the Planning Manager, with all applicable sections of the California Subdivision Map Act, 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 fully with each and every condition listed below prior to exercising the
rights conferred by this tentative tract map.
The applicant must remain in compliance with all conditions listed below throughout the life of the
tentative tract map. Failure to comply with each and every condition may result in the revocation of
the tentative tract map.
�Cd'I�I[7>7t7i1
1. Comply with all conditions and requirements from the development Review Committee
(DRC) for the development project (DP 01 -29).
2. Each garage space shall be shown as separate numbered parcels.
Exhibit C
ROH - 10/14/13
RESOLUTION NO. 2013 -20
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA MODIFYING CONDITIONAL
USE PERMIT NO.2001 -28 AS CONDITIONED TO
REMOVE THE PROHIBITION AGAINST LIVE -WORK
UNITS FOR THE SANTA ANA LOFTS, MAIN STREET
STUDIOS, AND THE EAST VILLAGE LOFTS
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 modification to Conditional Use Permit
No. 2001 -28 to remove Condition No. 3, which requires that each unit
remain owner occupied and not be made available for rent at the Santa
Ana Lofts (201 -291 North Sycamore Street, 151 -191 West Second Street,
and 150 -190 West Third Street), the Main Street Studios (201 -238 North
Main Street), and the East Village Lofts (200 -232 and 201 -253 North Bush
Street, 200 -214 North Spurgeon Street, and 200 -208 East Third Street)
live /work lofts residential communities.
B. Conditional Use Permit No. 2001 -28 was originally approved for all three
project sites as conditioned on November 19, 2001.
C. The applicant is requesting the following modifications to Conditional Use
Permit No. 2001 -28 as conditioned pertinent to the Santa Ana Lofts, the
Main Street Studios, and the East Village Lofts:
1. Removal of Condition No. 3, which requires each unit to remain
owner occupied and not be made available for rent.
D. Santa Ana Municipal Code Section 41 -196 and 41 -638 authorizes the
Planning Commission to modify 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 proposed modifications to remove the rental restriction
from the conditions of approval will provide a service or
facility which will contribute to the general well -being of the
neighborhood or community. Allowing existing live /work
units to be both renter- or owner- occupied enhances the
Resolution No. 2013 -20
Page 1 of 7
31A-23
overall viability of the project site by helping to decrease the
number of potential vacancies. The reduction of vacancies
will allow the project site to continue to attract live /work
residents whose services will benefit the community.
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 modifications to the conditional use permit will not be
detrimental to persons residing or working in the area
because the use, as conditioned, will not create negative or
adverse impacts. Live /work units occupied by owners or
renters will continue to provide services to the community.
The types of businesses that may occupy the live /work units
are specified in the existing conditions of approval and no
modifications are proposed to the types at this time.
Moreover, conditions are imposed to mitigate potential
impacts to those in the vicinity.
3. Will the proposed use adversely affect the present economic
stability or future economic development of properties surrounding
the area?
The proposed use will not adversely affect the economic
stability of the area, but will instead allow the residential
community to attract tenants whose products or services will
contribute to the economic vitality of both Downtown Santa
Ana and the city as a whole.
4. Will the proposed use comply with the regulations and conditions
specified in Chapter 41 for such use?
As conditioned, the proposed project will be in compliance
with all applicable regulations and conditions imposed on
live /work units in the Transit Zone Downtown (SD -84) zoning
district. Pursuant to previous conditions, the residential
community has continued to retain its live /work status and
original configurations as originally approved and
constructed, and no modifications to the actual units, number
of rooms available for sleeping purposes, and maximum
occupancy are proposed at this time.
5. Will the proposed use adversely affect the General Plan or any
specific plan of the City?
The proposed use will not adversely affect the General Plan.
Policy 2.2 of the Land Use Element encourages land uses
that accommodate the City's needs for goods and services.
Removing a restriction on renting of live /work units will allow
the project site to attract future tenants and reduce
Resolution No. 2013 -20
Page 2 of 7
31A-24
vacancies, and the resulting occupancies of the live /work
units will contribute to the range of services available to the
residents of Santa Ana, employees, and visitors to
Downtown.
E. This project was reviewed in accordance with the Guidelines for the
California Environmental Quality Act. The recommendation is exempt from
further review pursuant to Section 15301. This Class 1 exemption applies to
a project that involves an existing structure with little or no expansion
involved. Categorical Exemption Environmental Review No. 2013 -76 will be
filed for this project.
Section 2. The Planning Commission of the City of Santa Ana after conducting
the public hearing hereby approves the modification to Conditional Use Permit No.
2001 -28 as conditioned in Exhibit A attached hereto and incorporated as though fully
set forth herein. This decision is based upon the evidence submitted at the abovesaid
hearing, which includes but is not limited to: the Request for Planning Commission
Action dated October 14, 2013 and exhibits attached thereto; and the public testimony,
all of which are incorporated herein by this reference.
ADOPTED this 14th day of October 2013 by the following vote:
AYES: Commissioners: Alderete, Bacerra, Crespo, Gartner, Mill, Nalle,
Yrarrazaval (7)
NOES: Commissioners: None (0)
ABSENT: Commissioners: None (0)
ABSTENTIONS: Commissioners: None (0)
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:
Ryan O. Hodge
Assistant City Attorney
Eric Alderete
Chairman
31A-25
Resolution No. 2013 -20
Page 3 of 7
CERTIFICATE OF ATTESTATION AND ORIGINALITY
1, MARTHA RAMIREZ, Secretary of the Planning Commission, do hereby attest to and
certify the attached Resolution No. 2013 -20 to be the original resolution adopted by the
Planning Commission of the City of Santa Ana on October 14, 2013.
Date:
Secretary of the Planning Commission
City of Santa Ana
31A-26
Resolution No. 2013 -20
Page 4 of 7
Modified Conditions of Approval for Conditional Use Permit No. 2001 -28
Conditional Use Permit No. 2001 -28 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 fully with each and every condition listed below np .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. Comply with all conditions and requirements from the Development
Review Committee (DRC) for the development project (DP 01 -29).
2. No more than four residents per unit.
�Atorp -,n:,t: (Removed by the Planning Commission on October 14,
2013.)
4. Covenants, Conditions, and Restrictions (CC &R's) must be provided and
approved for the project prior to the issuance of any permit. Such CC &R's
must contain at a minimum, the following:
A) Use Restriction
The project must remain as a live -work community. The work
component is to be defined as the following allowable uses as
outlined in the Central Business - Artists Village (C3 -A) zoning
district:
i. Commercially operated professional studios.
ii. Fine art studios and/or galleries.
iii. Fiber arts studios and/or galleries.
iv. Printing, lithography, and calligraphy facilities.
V. Photography studios.
Resolution No. 2013 -20
Page 5 of 7
31A-27
vi. Ceramic and pottery studios.
vii. Glass blowing and sculpturing studios.
viii. Home office with no employees and no storefront.
ix. Any use listed above, with a maximum of two non - resident
employees.
X. Uses not permitted include: Schools, banquet facilities and
theaters.
A. Outdoor uses, weekend or after -hour activities,
entertainment uses, any other use may be deemed
appropriate and in keeping with the live -work community by
the Deputy City Manager of Development Services.
xii. Special approved uses include:
a. Retail.
b. Food and /or beverage sales.
C. Professional, administrative and business uses.
d. Restaurants.
e. Commercially operated professional studios.
f. Fine arts studios and /or galleries.
g. Fiber arts studios and /or galleries.
h. Printing, lithography and calligraphy facilities.
L Photography studios.
j. Ceramic and pottery studios.
k. Glass blowing and sculpturing studios.
Special approvals and determination of application of
commercial building code requirements for the special
approved uses shall be made by the Deputy City Manager
for Development Services after consultation with the Building
Official and Planning Manager.
B) Project Maintenance
Standards shall be established for the exterior maintenance
of each unit within the community.
ii. Graffiti removal will be required within specified time frames.
iii. Assignment of repair of perimeter walls will be specified in
Resolution No, 2013 -20
Page 6 of 7
31A-28
the CC &R's in the event of damage.
C) Prohibited hazardous activities include those found in Section 8-
2700(5) of the Municipal Code: "no hazardous activity such as, but
not limited to, welding, open flame or storage of flammable liquids
shall occur in a live -work space without specific written approval
from the Fire Department and Building Official ".
D) Terms and Content:
CC &R's are to be in effect in perpetuity.
ii. Any proposed modifications to the CC &R's will require
approval by the City of Santa Ana.
5. No more than two areas of the unit shall be constructed or utilized for
sleeping purposes, except as described in Condition No. 6.
6. For the third floor units, any ground level space provided cannot be used
for sleeping purposes.
7. All garages shall be maintained as designed for parking purposes.
8. A tentative tract map shall be approved prior to the applicant exercising
the rights conferred by this conditional use permit.
B. Police Department
1. Prior to site plan approval, indicate compliance with Santa Ana Municipal
Code lighting requirements for walkways and drive aisles.
Resolution No. 2013 -20
Page 7 of 7
31A-29
31A-30