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HomeMy WebLinkAbout98-089 - Approving Conditional Use Permit No. 98-17587 RESOLUTION NO. 98-089 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 98-17 TO ALLOW THE CREATION OF A LIVE/WORK COMMUNITY LO- CATED AT 201 NORTH MAIN STREET WHEREAS, this Council held a public hearing on December 7, 1998, on Conditional Use Permit Application No. 98-17, to allow the creation of a live/work community at 201 North Main Street. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: 1. Based upon the evidence submitted at the abovesaid hearing, this Council finds and determines as follows: A. That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or the community. The development of the proposed live/work community, as conditioned, will establish a facility which provides needed residential and commercial opportunities for the surrounding community. Bo Will the proposed use under the circumstances of the particular case be detrimental to the health, safety or general welfare of the persons residing or working in the vicinity? The new live/work conditioned, is not detrimental affects to in the area. community development, as anticipated to present any the persons residing or working Co Will the proposed use adversely affect the present economic stability or future economic development of property in the surrounding area The proposed live/work community development, as conditioned, is not anticipated to create any negative or detrimental impacts on the economic viability of the surrounding area. This unique development should dramatically improve the economic viability of the area. Do Will the proposed use comply with the regulations and conditions specified in the chapter of the Santa Ana Municipal Code for such use? 588 The proposed live/work community, as conditioned, will comply with all regulations and conditions specified in the Santa Ana Municipal Code pertaining to such a development. E. Will the proposed use affect the General Plan of the City? The proposed live/work community project will not pose any adverse affects on the General Plan designation of District Center (DC). The proposed live/work community use is permitted in the district. 2. Conditional Use Permit No. 98-17 is hereby approved as conditioned in Attachment A, attached hereto and incorporated herein. ADOPTED this ldth day of December ., 1998. ATTEST: ~C~e ir ~ eo ~ ' t ~Yco~n- i~ COUNCILMEMBERS: Pulido Absent Lutz ~ Bist Aye Christy Ay_a Franklin Aye Mcguigan Ay~ Moreno ~t Voting APPROVED AS TO FORM: ttorney CERTIFICATE OF ORIGINALITY State of California County of Orange I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Resolution No. ~ - z> b' q to be the original resolution adopted by the City Council of the City of Santa Aha on . 589 RESOLUTION NO. 95-89 PAGE 1 OF 14 Conditional Use Permit No. 98-17 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. Conditions for ADoroval Planning Division Comply with all conditions and requirements from the Development Review Committee (DRC) for the development project (DP 98-33). Prior to Site Plan approval, complete the following: Provide dimensionally correct and consistent information per acceptable industry practices, for all submitted plans including the site plan, tentative tract map and landscape plan. Show complete on-site private and public lighting on the site plan, tentative tract map and landscape plan. Do not reference site plan information to plan attachments. Show all pertinent site plan information on the site plan including but not limited to esplanade lighting, public furniture, tree locations, etc. 4. Denote ~private streets" on the site plan. Denote on the plans that finished ceiling heights shall be a minimum of 1~ f~e~ on th~ lower level and 12 feet on the upper level of the individual units ~~~~ Prior to Issuance of any permit for the project, complete the following: ATTACHMENT A 590 RESOLUTION NO. 98-$9 PAGE 2 of 14 ** Covenants, Conditions, and Restrictions (CC&R's) must be provided 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 (C-3A) zoning district: 1) Commercially studios. operated professional 2) Fine art studios and/or galleries. 3) Fiber arts studios and /or galleries. 4) Printing, lithography and calligraphy facilities. 5) Photography studios. 6) Ceramic and pottery studios. 7) Glass blowing and sculpturing studios. Each work space must be at a minimum, 200 square feet in floor area. Each live space shall also be a minimum of 550 square feet in floor area. All garages shall be maintained as designed for parking purposes. b) Proiect Maintenance 1) Standards shall be established for the exterior maintenance of each unit within the community. 2) Graffiti removal will be required within specified time frames. 3) Assignment of repair of perimeter walls will be specified in the CC&R's in the event of damage. 591 RESOLUTION NO. 98-89 PAGE 3 OF 14 c) Easement information l) Specify all drainage and utility easements for the project. 2) Specify all vehicular, pedestrian, emergency access, and maintenance easements for the project (include operational standards). 3) Provide access easement from private street for remnant parcel located on Main Street. d) Hazardous Materials DisDosal Provide a program demonstrating compliance with existing law. e) Terms and Content 1) CC&R's are to be in effect in perpetuity. 2) Any proposed modifications to the CC&R's will require approval by the City of Santa Ana. 3) The City of Santa Ana shall be included in the Covenants, Conditions, and Restrictions (CC&R's) as a party designated to enforce, at its option, all provisions of the approved Covenants, Conditions, and Restrictions (CC&R's) for ~he ~:roj¢:~t(Modi£ied by ~.he Flanning Commission December ~, 1998). Alley Abandonment NO~ 98-08 and Street Abandonment No. 98-09 shall be approved and recorded prior to the applicant exercising the rights conferred by this conditional use permit, said recordation shall be completed in concurrence with the phasing plan for the project. A tentative tract map shall be approved prior to the applicant exercising the rights conferred by this conditional use permit. B. Buildinq Safety Division Provide recorded easements for the present configuration of the lot lines shown for Tentative Tract Map No. 15748. Recorded easements shall be 592 RESOLUTION NO. 98-89 PAGE 4 OF 14 required for sewers, gas, water line, underground electrical, and surface drainage. Prior to recordation of the tentative tract map, resolve the Building Code issues regarding the location of openings along the wall for the existing block-long structure currently fronting on the south side of Second Street. With the aban~or~cnt of Second Street between Bush and Spurgeon Streets, a new property line is formed which creates this condition. C. Fire Deoartment Prior to Site Plan approval, complete the following: Indicate on the site plan that a domestic sprinkler system will be provided in each unit in lieu of access and hydrants. Fire sprinkler and building data is required on the site plan prior to approval. D. Police Department Prior to Site Plan approval, complete the following: 1. ~r~%ns//: ~ benches are to be designed to discourage sleeping. Indicate on site plan that garage is to be in compliance with the Ordinance specifications. door construction Building Security Transit park and esplanade areas to be illuminated to a minimum one footcandle of light. 4. Ail graffiti must be removed with 24 hour of occurrence. E. Publlc Works ~oencv General Comments Provide dimensionally correct and consistent information per acceptable industry practices, for all submitted plans including the site plan, tentative tract map, and landscape plan. Show "complete" on-site private and public street lighting on the site plan, tentative tract map, and landscape plan. Second Street abandonment shall be recorded according to the proposed phases of the project. The abandonment of the Second Street segment between Main and Bush Streets and the alley between Second Street and approximately 110 feet northerly shall be recorded in conjunction with issuance of building permits for Lots 593 RESOLUTION NO. 98-~9 PAGE 5 OF 14 1-14 and Lot 47. The abandonment of Second Street between Bush and Spurgeon Streets shall be recorded in conjunction with the issuance of building permits for Lots 15-46. 1. PRIOR TO SITE PLAN APPROVAL General Comments Delineate on the site plan the following: a) Depict hardscaped-paved areas serving garages as ~Private Streets." b) "Private Streets" shall be shown and dimensioned at 28 feet. c) "Pedestrian Esplanades" shall be shown and dimensioned at a minimum of 25 feet. d) Delineate on the site plan all improvements and public utilities specifically including street trees, lighting, hydrants, and street furniture. e) Depict on the site plan the repaying of Third Street and Spurgeon Street from gutter edge to street centerline. The repaving shall be asphalt concrete pavement per City Standard. f) Depict the installation of street lights, as necessary, on site frontage and on alley driveways designated as "Private Streets." (g) Depict the relocation of any existing utilities to be at a minimum of 10 feet from driveway flare.~ Check with appropriate utility companies for adjustment or relocation n) Depict new 10 foot wide concrete sidewalk, new curb, and gutter in Main, Bush, and Spurgeon Streets per City Standards in conjunction with the abandonment of Second Street. i) Depict along Main, Second, Third, and Bush Streets all existing and proposed topography within the public right-of-way, including but not limited to power poles, traffic signals, cabinets, water meters, traffic signal boxes, bus stop, street lights, trees, catch basins, manholes, street signs, traffic signal poles, fire hydrants, etc. 594 RESOLUTION NO. 95-~9 PAGE 6 OF 14 J) Show a minimum of 6.5 feet by 6.5 feet property line corner cut-off at the southeast corner of Bush and Third Streets; modify the outline of the structure proposed for Lot 41, and depict wheelchair ramp per City Standard NO. 1122A~ PHASE I a) Depict the existing outdated eight inch abandoned portion of Second Street between Main and Bush Streets on the proposed site to be cut, plugged, and abandoned. The existing fire hydrant located on the southwest corner of Bush and Second Streets shall be relocated to Bush Street. b) Depict the proposed four inch water main shown along the northerly portion of the proposed Phase 1 area between Main and Bush Streets to be six inch in diameter. All water mains constructed in the on-site easements serving the development shall be six inch diameter. c) Depict the construction of a new 6 inch water main in the easement between Main Street and Bush Street. This main, along with the main described above in Conditions A.12.b will provide water service to lots 1 through 14. d) Depict the existing outdated four inch water main in Bush Street from Third Street to First Street to be cut, plugged, and abandoned. e) Depict the construction of a new eight inch we~e~ ~me~n and appurtenances in Bush Street from Third Street to First Street per City Standards and approved plans. This work must be accomplished with the Phase 1 development. f) Depict the construction of a new eight inch sewer ~main per City Standards and approved plans within the 25 foot wide esplanade easement to accommodate the sewer needs of lots 1 through 14. The sewer main shall extend from the existing main in Main Street to Bush Street. New manholes will be constructed in Bush Street and Main Street for maintenance purposes. The existing flow 595 RESOLUTION NO. 95-89 PAGE 7 OF 14 in Bush Street sewer shall be intercepted and diverted through this new sewer to the sewer main on Main Street. NOTE: Ail sewer mains shall have manholes at intersections with other sewer mains and at the end of the lines. g) Depict all public utility lines on this site, including, but not limited to Edison, Gas, Telephone, TV cables, etc., to be constructed with no interference and minimum five foot clearance from any City water and sewer facilities. h) Depict all structures, light poles, trees, etc., to be located five foot minimum clearance form any City water and sewer facilities. i) Depict the existing eight inch sewer main on Main Street between First Street and the new manhole constructed in Conditions "f" above to be removed and replaced with a new 10 inch sewer main and a new manhole at the intersection of First and Main Streets per City Standards and approved plans. The new 10 inch sewer main shall be constructed by the developer in the same location and at the same slope as the existing eight inch main. J) Ail of the on-site sewer and water mains shall be constructed in exclusive underground, non-exclusive underground, non- exclusive public service easements to be dedicated to the city of Santa Ana. The water main easements shall be a minimum 20 feet wide with paved surfaces capable of supporting truck traffic. k) Depict the existing six inch sewer main in Bush Street between First Street and the new manhole in "f" above to be abandoned. Phase II a) Depict the existing eight inch water main along the abandoned portion of Second Street between Bush and Spurgeon Streets on the proposed site to be cut, plugged, and abandoned. The existing fire hydrant located on the southwest corners of Second and Spurgeon Streets shall be relocated to Spurgeon Street. 596 RESOLUTION NO. 95-89 PAGE 8 OF 14 b) c) a) e) f) g) h) Depict the proposed six inch sewer main located adjacent to the northerly and easterly boundaries of Lot 18 and along the abandoned Second Street right-of-way to be eliminated. This sewer will not be required. Depict the proposed four inch water main and six inch sewer main shown along the easterly portion of the proposed Phase II area fronting Spurgeon Street to be eliminated. NOTE= Ail water and sewer needs of Lots 19 throughout 28 located along Spurgeon Street shall be provided by existing facilities located in Spurgeon Street. Depict the proposed four inch water mains throughout the site to be six inch minimum in size. No water mains shall be located in the esplanade areas, due to clearance constraints. The 'water mains and appurtenances shall be constructed in accordance with City Standards and the approved plans. Depict all proposed City sewer mains to be constructed in accordance with city Standards and the approved plans. NOTE= All sewer mains shall have manholes at intersections with other sewer mains and at the end of the lines. Depict all other serving public utility lines on this site, including, but not limited to Edison, Gas, Telephone, TV cables, etc., to be constructed with no interference and minimum five foot clearance from any city facilities. Depict all structures, light poles, trees, etc., shall be located five foot minimum clearance from any city water and sewer facilities. Ail of the on-site sewer and water mains shall be constructed in exclusive underground, non-exclusive public service easements to be dedicated to the City of Santa Ana. The easements shall be a minimum 20 feet wide and clear of obstructions. They shall be paved with surfaces capable of 597 RESOLUTION NO. 98-89 PAGE 9 OF 14 supporting truck traffic. This includes the sewer main located in the esplanade area east of Bush Street, since sewer manholes will be located in this area. 4. PRIOR TO ISSUANCE OF A BUILDING PERMIT Prior to issuance of building permit, complete the following: a) Dedicate diagonal cutoffs as outlined above. b) Dedicate 15 feet portion along Main Street. c) File, process, and record 6.5 feet by 6.5 feet dedication for the southeast corner of the intersection of Bush Street at Third Street. d) File, process, and record all easements including a new 25 foot wide "exclusive underground, non-exclusive public service easement" at the project's designated "Private Streets" (alley driveways serving the garages). e) Submit for City review and approval Covenants, Conditions, and Restrictions (CC&R's) to address issues of access utilities and maintenance of common areas of this subdivision and to serve the individual lots. f) g) The recordation of abandonments shall be completed prior to the approval of the final tract map. File, process, and have approved CC&R's including subdivision agreement, and bonds. h) Submit for review and approval a surface drainage/grading plan showing the direction and means of flow to the adjacent street; specific attention must be given to the area of Second Street and the alley abandonment. The drainage and street improvements plan as related to the abandonments, its related drainage issues, utility easements and recordation of new easements (if any) must be completed before the recordation of the abandonments. Plans shall include but are not limited to drainage; utilities relocation; removal and installation of trees and street lights; installation of street 598 RESOLUTION NO. 95-89 PAGE 10 OF14 signage and construction and sidewalk, etc. of curbs, gutters, i) Submit street improvement plans for Main, Bush, Spurgeon, and Third Streets. Improvements must be completed or bond posted prior to issuance of a building permit. Street improvement plans must include the following: Remove and replace all damaged asphalt street paving from curb lane on Third Street as required by approved improvement plan. (2) Remove and replace all damaged curb and gutter on Main, Bush, Spurgeon, and Third Streets and construct new curb and gutter as required by approved improvement plan. (3) Remove and replace all damaged sidewalks on Main, Bush, Spurgeon, and Third Streets and construct a new curb and gutter as required by approved improvement plan. (4) Relocate or adjust utility vaults in sidewalk on all streets bordering the site according to direction given by appropriate utility company and per approved improvement plan. (5) Close all existing driveway approaches on Bush, Spurgeon, and Third Streets per approved improvement plan. (6) Construct new driveway approaches on Bush, Spurgeon, and Third Streets per approved improvement plan. (7) Construct curb return radius with wheelchair ramp per City Standard No. 1122A and a minimum 6.5 foot by 6.5 foot concrete corner cut-off at the Bush Street and Third Street intersection per approved improvement plan. Construct all necessary paving on/off site per approved plans and to the satisfaction of city staff. 599 RESOLUTION NO. 98-89 PAGE 11 OF 14 (9) Construct drainage improvements per approved improvement plans as required by City staff and provide necessary drainage easements. (10) Install street lights on-site frontage and on alley driveways designated as "Private Streets." (11) Install ~No Parking" signs at alley driveways designated as ~Private Streets." PHASE I a) File and record a new minimum 25 foot wide "exclusive underground, non-exclusive public services easement" for public utility purposes to be dedicated to the City of Santa Ana for the esplanade and private streets. b) Submit and have approved street improvement plans for the entire project, for construction of the proposed water and sewer mains, appurtenances, and manholes to be prepared by a registered civil engineer and according to City Standards. c) Complete construction of all City water and sewer improvements per DRC comments (DP 98- 33) or provide appropriate cash bond. d) Provide National Pollution Discharge Elimination System (NPDES) post construction storm water management plan per Orange County Drainage Area Management Plan (DAMP) to include all Structural and Non-Structural ~Best Management Practices" for subject project. Submit and have approved a surface drainage/utility plan to include all Structural ~Best Management Practices", (see DAMP). (2) Provide two copies of the "Water Quality Management Plan" (WQMP), to include a description of all applicable Structural and Non-Structural "Best Management Practices" which may apply to this project, (see DAMP, attachment "C"). 600 RESOLUTION NO. 98-59 PAGE 12 OF 14 PHASE NOTE: All new developments and existing facilities with significant redevelopment, irrespective of their size, shall provide a post construction storm water management plan. The storm water management plan shall incorporate all needed Structural and Non-Structural "Best Management Practices" as described in the Orange County Drainage Area Management Plan (DAMP), to eliminate discharge of pollutants and contaminants into the storm drain system. DAMP is the municipal co- permittee of the National Pollution Discharge Elimination System (NPDES). e File and record a new minimum 28 foot wide "exclusive underground, non-exclusive public service easement' for public utility purposes to be dedicated to the city of Santa Ana for the esplanades and private streets. Complete construction of all water and sewer improvements per DRC comments (DP 98-33) or provide appropriate cash bond. Provide NPDES post construction storm water management plan per Orange County Drainage Area Management Plan (DAMP to include all Structural and Non-Structural 'Best Management Practices', for subject project. a) Submit and have approved surface drainage/utility plan to include all Structural 'Best Management Practices', (see DAMP) b) Provide two copies of 'Water Quality Management Plan' (WQMP), to include a description of all applicable Structural and Non-Structural 'Best Management Practices' which may apply to this project, (see DAMP) Attachment 'C') 601 RESOLUTION NO. 95-89 PAGE 13 OF 14 NOTE: Ail new developments and existing facilities with significant redevelopment, irrespective of their size, shall provide a post construction' storm water management plan. The storm water management plan shall incorporated all needed Structural and Non-Structural 'Best Management Practices' as described in the Orange County Drainage Area Management Plan (DAMP), to eliminate discharge of pullutants and contaminants into the storm drain system. DAMP is the municipal co- permittee of the National Pollution Discharge Elimination System (NPDES). NOTE: Fee credits will be determined as applicable. c) A licensed contractor shall perform street work. The Contractor must provide the following prior to issuance of the street work permit: (1) City of Santa Ana business license. (2) Certificate of Insurance of general liability containing requirements as set forth by the City Attorney. (3) Contractors license (in the correct classification). (4) Proof of Worker's Insurance. Compensation The applicant must post a cash bond in an amount specified by the City of Santa Ana upon approval of all improvements plans and unit quantities. This bond shall guarantee the construction of all necessary improvements and must be issued by an approved bonding company. The bond shall be released within 30 days from the date that the improvements have been completed and the street work permit has been signed-off by the Public Works Agency's Construction Inspector. 602 RESOLUTION NO. 95-89 PAGE 14 OF 14 e) Prior to issuance of applications for water services for Phase's I, II, and III, complete the following: (1) Arrange for installation of any needed new or relocation or upgrading of any existing domestic or irrigation WATER SERVICES, as required by the Public Works Agency. These facilities will be installed in conformance with City Standards and approved plans. Installation will be done by City forces at the developer's expense and can take up to six weeks from the time of application and payment of charges. Demand calculations per gallon per minute for size determination are required for both domestic and irrigation water meters. NOTE: All projects with more than 2,500 square feet of landscaping and a lot size greater than 15,000 square feet will require separate landscape irrigation water meter of proper size to supply the project's landscape irrigation system.