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HomeMy WebLinkAbout20131014_2013-20_201-291NSycamore151-191W2ndROH - 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 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 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.Prvalho, City Attorney Ryan t;nairman Resolution No. 2013 -20 Page 3 of 7 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, 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 lanning C9 mission City of Santa Ana 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 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. 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. 3 The units shall remain weer occupied and shall not allow rental of the entiFe unit. (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: 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 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. i. 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 i. 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 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: i. 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