Loading...
HomeMy WebLinkAbout2001-008 - Approving Negative Declaration for Environmental Review No. 00-109RESOLUTION NO. 2001-008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING NEGATIVE DECLARATION FOR ENVIRONMENTAL REVIEW NO. 00-109, AND APPROVING CONDITIONAL USE PERMIT NO. 00-23 AS CONDITIONED AND VARIANCE NO. 00-10 AS CONDITIONED FOR THE MOOSE LODGE LOCATED ON 1421 EAST SEVENTEENTH STREET BK:12/26/00 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council does hereby find, determine and declare as follows: A. The Planning Commission held a duly noticed public hearing on November 11, 2000 which was continued to November 25, 2000 and then to December 11,2000, on General Plan Amendment No. 00-06, Variance No. 00-10, Conditional User Permit No. 00-23 and a Amendment Adjustment to allow a parking variance and permit a Moose Lodge to be established in the C-2 zoning district at 1421 East Seventeenth Street. B. The Planning Commission decided this matter at its regular meeting of December 11,2000. At the conclusion of its consideration, the Planning Commission split 3-3 on whether to approve the applications and, the Chair having declared an impasse pursuant to its bylaws, offered the applicant the option of a continuance or a recommendation of denial. The applicant chose that the Planning Commission forward a recommendation to deny its project. C. The City Council desires to allow for this Moose Lodge, provided that a zoning ordinance amendment is adopted to permit fraternal organizations/clubs in the City's Professional (P) zoning district. The Council makes no determination tonight, by this resolution, whether it would approve such a zoning ordinance amendment but given the exceptional public interest involved desires to conditionally and contingently approve the conditional use permit and variance and direct staff to process the appropriate zoning ordinance amendment. Section 2. The City Council has reviewed and considered the information contained in the initial study and the negative declaration for Environmental Review No. 00-109 prepared with respect to this Project. The Planning Commission has, as a result of its consideration and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, a Negative Declaration adequately addresses the expected environmental impacts of this Project. 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 Resolution No. 2001-008 Page 1 of 13 will have a significant adverse effect on the environment. The City Council hereby certifies and approves the negative declaration and accompanying mitigation monitoring plan 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(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 3. The City Council approves Conditional Use Permit No. 00-23 as conditioned in Exhibit C hereto, which is incorporated herein by this reference. This decision is based upon the evidence submitted at the abovesaid hearing upon which this City Council finds and determines as set forth in Exhibit A hereto, which is incorporated herein by this reference. Section 4. The City Council approves Variance No. 00-10 as conditioned in Exhibit D hereto, which is incorporated herein by this reference. This decision is based upon the evidence submitted at the abovesaid hearing upon which this City Council finds and determines as set forth in Exhibit B hereto, which is incorporated herein by this reference. Section 5. The City Council denies General Plan Amendment No. 00-06, and directs staff to instead process with all deliberate speed a zoning ordinance amendment to permit fraternal organizations/clubs to be permitted to operate in the Professional (P) zoning district with a conditional use permit. The City Council further expresses its intent that unless and until such an ordinance is submitted for City Council review and, the Council by appropriate vote approves such amendment, neither the Conditional Use Permit nor the Variance approved by this Resolution shall be effective. ADOPTED this 16th day of January, 2001. ATTEST: Patricia E. Healy Clerk of the Council M (~)'o r Resolution No. 2001-008 Page 2 of 13 COUNCILMEMBERS: P~,lido Ave McGuigan Aye Alvarez Aye Bist Aye Christy Aye Franklin Absent Solorio Aye APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney CERTIFICATE OF ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby certify the attached Resolution No. 2001-008 to be the original resolution adopted by the City Council of the City of Santa Ana on January 16, 2001. Date: Clerk of the Council City of Santa Ana Resolution No. 2001-008 Page 3 of 13 EXHIBIT A FINDINGS FOR CONDITIONAL USE PERMIT Findings of Fact Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? The project proposes to convert an existing restaurant building into a lodge for the Loyal Order of the Moose. The Loyal Order of the Moose is a nationally recognized non-profit Fraternal Organization involved in community based programs such as Meals on Wheels, Adopt a Highway, Boy and Girl Scouting, Disabled/Handicapped Programs, Operation Santa Clause, and other Environmental Programs and telethons. The service organization has been associated with the Santa Aha community for approximately 77 years. It is anticipated that the lodge will continue to provide services and a facility that will contribute to the general well being of the community. 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 Moose has had an active chapter in the City of Santa Ana for 77 years without known complaints from persons residing or working in the area. The chapter has occupied several buildings in the City without any ill affects to persons residing or working in the area. It is anticipated that the lodge will continue to be a good neighbor at their new location. It is not anticipated that the lodge will be detrimental to the health, safety, or general welfare of persons residing or working in the area. The Fraternal Organization is involved in community based programs which should be beneficial to persons residing or working in the vicinity. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The service organization will be moving into a currently vacant building that has deteriorated and in need of repair. The Moose intend to improve the property by cleaning up the overgrown landscaping, selective painting and repair, restriping the parking area and substantial upgrades to the interior of the building. The proposed improvements will add value to the property and enhance the economic viability of the area by providing a stable tenant that has served the community for close to 77 years. This use and the proposed property improvements should benefit the community and not adversely affect the present economic stability or future economic development of properties in the surrounding the area. Resolution No. 2001-008 Page 4 of 13 Will the proposed use comply with the regulations and conditions specified in Chapter 41 of the Santa Ana Municipal Code for such use? The project as proposed will require a zone change, conditional use permit, and a variance. Approval of these required discretionary action by the City Council will bring the proposed project into conformance with the regulations and conditions specified in Chapter 41 of the Santa Ana Municipal Code. Will the proposed use adversely affect the General Plan or any specific plan of the City? The subject property is located on the north side of Seventeenth Street between Linwood Avenue and Wright Street. There are no Specific Plans that the City has implemented that affect development in this area. This project is consistent with the general plan amendment of Professional Administrative Office. A lodge use is not consistent with the current uses allowed in the Professional zoning designation and therefore would require a zoning ordinance amendment to allow this type of use in this zoning district. Resolution No. 2001-008 Page 5 of 13 EXHIBIT B FINDINGS FOR VARIANCE Findinqs of Fact That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, that 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 subject property is approximately 0.56 acres and is constrained by the location of an existing 4,204 square foot restaurant structure. The location of the existing building on the property creates a site constraint that prevents the full maximization of the parking area necessary to accommodate the lodge use. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of the proposed parking variance will allow the use of the property to change from a restaurant to a lodge use which would not otherwise be allowed to occur. The change of use will help to maintain the economic viability of the subject property by occupying a vacant building with a tenant who has been active in the community for 77 years. The granting of the proposed variance is necessary in order for this use to occupy the subject property and is necessary for the preservation and enjoyment of one or more substantial property rights. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. City parking requirements for a lodge use are based upon the amount of proposed assembly area in the building. Although 2,000 square feet of assembly area is proposed for the lodge, the use is different from other assembly uses in that admission to the facility is by membership only. The use is not open to the public and therefore is less intense and does not generate the same parking demand associated with an open to the public assembly use. The Moose has provided written documentation from adjacent businesses that will allow them to utilize their parking lots during the evening hours. Although this agreement is not recognized by the City as a legally binding agreement, it appears that there are spaces on adjacent lots that will be made available to the Moose during the evening hours to prevent spill over parking into the adjacent neighborhood. The Moose has also committed to encouraging their membership to car pool to special functions, not hosting events in the parking area outside of the building, limiting attendance to special functions, and discouraging overflow parking in unauthorized areas. Given the above considerations, it is not anticipated that the granting of the Resolution No. 2001-008 Page 6 of 13 variance will be materially detrimental to the public welfare or injurious to surrounding property. That the granting of a variance will not adversely affect the General Plan of the City. The granting of the variance for parking should not have any adverse affects on the General Plan of the City. Parking is incidental to the proposed lodge use and a necessary component of a business operation. Resolution No. 2001-008 Page 7 of 13 EXHIBIT C CONDITIONS OF APPROVAL OF CONDITIONAL USE PERMIT Conditions for Approval Conditional Use Permit No. 00-23 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Aha Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code, and all other applicable regulations. In addition, it shall meet the following conditions of approval: The applicant must comply in full 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. Planninq Division The bar area/room may not be utilized Monday through Saturday between the hours of 8:00 a.m. and 6:00 p.m. The project is limited to a maximum assembly area of 1,300 square feet during these hours. This conditional use permit establishes the use of the building as a membership service club/lodge. The building shall not be made available to the public, other organizations, or individuals for special events or other activities, The facility shall not be rented out or made available except to members and their immediate family for legitimate family occasions. Immediate family is defined by IRS dependent classifications. Legitimate family occasions include weddings, birthdays, anniversaries, graduations, showers, family reunions, and the like; but exclude private parties for local businesses, school reunions, political rallies, banquets, business meetings, or use by anyone or group for private gain regardless if the facility would be rented to a member. 4. No club functions or activities shall take place outside of the building. The existing pole sign shall be removed and all signage on the building and the site shall be brought into conformance with the City's sign code. The hours of operation for the lodge shall be limited to Monday through Sunday, 8:00 a.m. through 11:00 p.m. except for a special event Thanksgiving, Christmas, and New Year's dinnedparty. Resolution No. 2001-008 Page 8 of 13 10. 11. Pay telephones, if provided, shall be located within the interior of the building. New curbs around landscape planters shall be provided to replace those that are broken. All potholes in the parking area shall be repaired and the entire parking area and drive aisles under the control of the subject property shall be slurry coated and restriped to meet City parking standards. The existing trash enclosure shall be brought into conformance with city standards. This project shall comply with the mitigation measures outlined in Environmental Review No. 00-109. In particular: a. Landscape plans for the project shall reflect a minimum five-foot wide landscape planter along the north property line. b. Landscape plans for the project shall reflect screening of the existing transformer and trash enclosure on the project site. c. Building plans for the project shall reflect that all parking lot lighting be designed and located so that all direct rays are confined to the project site. Resolution No. 2001-008 Page 9 of 13 12. d. Building plans for the project shall specify that construction activities shall be limited to the hours of 7:00 a.m. to 8:00 p.m. Monday through Friday, Saturday 8:00 a.m. to 8:00 p.m. and not permitted on Sundays or federal holidays. e. The project shall provide an adequate amount of onsite parking, as determined by the Planning Commission. This conditional use permit is expressly conditioned upon adoption by the City Council of a zoning ordinance amendment permitting fraternal orders/clubs as a conditional use in the Professional (P) zoning district. The rights of the applicant under this conditional use permit shall not vest until the effective date of such ordinance. Should no such zoning ordinance amendment be adopted, then this conditional use permit is null and void and of no effect. B. Police Department 1. The conditional use permit shall be reviewed at six months, at one year, and then annually thereafter by the Police Department for any modification to the conditions of approval. 2. The existing building and parking lot must conform to the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). 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. 3. It is the applicant(s) responsibility for maintaining adequate security guard service for each function held on the premises. The security guard requirement shall be included in every rental contract. 4. At any time that the premises is hosting a private event the applicant(s) shall provide a minimum of one uniformed, licensed security guard for every 100 persons in attendance, or portion thereof. 5. 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. 6. At no time, shall there be an event at which any type of admission fee, donation or cover charge is collected to enter the premises. Resolution No. 2001-008 Page 10 of 13 EXHIBIT D CONDITIONS OF APPROVAL OF VARIANCE Conditions for Approval Variance No. 00-10 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with 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. In addition, it shall meet the following conditions of approval: The applicant must comply in full with each and every condition listed below prior 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 The bar area/room may not be utilized Monday through Saturday between the hours of 8:00 a.m. and 6:00 p.m. The project is limited to a maximum assembly area of 1,300 square feet during these hours. This variance establishes the use of the building as a membership service club/lodge. The building shall not be made available to the public, other organizations, or individuals for special events or other activities. The facility shall not be rented out or made available except to members and their immediate family for legitimate family occasions. Immediate family is defined by IRS dependent classifications. Legitimate family occasions include weddings, birthdays, anniversaries, graduations, showers, family reunions, and the like; but exclude private parties for local businesses, school reunions, political rallies, banquets, business meetings, or use by anyone or group for private gain regardless if the facility would be rented to a member. 4. No club functions or activities shall take place outside of the building. The existing pole sign shall be removed and all signage on the building and the site shall be brought into conformance with the City's sign code. The hours of operation for the lodge shall be limited to Monday through Sunday, 8:00 a.m. through 11:00 p.m. except for a special event Thanksgiving, Christmas, and New Year's dinnedparty. Resolution No. 2001-008 Page 11 of 13 10. 11. 12. Pay telephones, if provided, shall be located within the interior of the building. New curbs around landscape planters shall be provided to replace those that are broken. All potholes in the parking area shall be repaired and the entire parking area and drive aisles under the control of the subject property shall be slurry coated and restriped to meet City parking standards. The existing trash enclosure shall be brought into conformance with city standards. This project shall comply with the mitigation measures outlined in Environmental Review No. 00-109. In particular: Landscape plans for the project shall reflect a minimum five-foot wide landscape planter along the north property line. Landscape plans for the project shall reflect screening of the existing transformer and trash enclosure on the project site. Building plans for the project shall reflect that all parking lot lighting be designed and located so that all direct rays are confined to the project site. Building plans for the project shall specify that construction activities shall be limited to the hours of 7:00 a.m. to 8:00 p.m. Monday through Friday, Saturday 8:00 a.m. to 8:00 p.m. and not permitted on Sundays or federal holidays. The project shall provide an adequate amount of onsite parking, as determined by the Planning Commission. This variance is expressly conditioned upon adoption by the City Council of a zoning ordinance amendment permitting fraternal orders/clubs as a conditional use in the Professional (P) zoning district. The rights of the applicant under this variance shall not vest until the effective date of such ordinance. Should no such zoning ordinance amendment be adopted, then this variance is null and void and of no effect Police Department The conditional use permit shall be reviewed at six months, at one year, and then annually thereafter by the Police Department for any modification to the conditions of approval. Resolution No. 2001-008 Page 12 of 13 ., The existing building and parking lot must conform to the provisions of Chapter 8, Article II, Division 3 of the Santa Aha Municipal Code (Building Security Ordinance). 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. It is the applicant(s) responsibility for maintaining adequate security guard service for each function held on the premises. The security guard requirement shall be included in every rental contract. At any time that the premises is hosting a private event the applicant(s) shall provide a minimum of one uniformed, licensed security guard for every 100 persons in attendance, or portion thereof. 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. At no time, shall there be an event at which any type of admission fee, donation or cover charge is collected to enter the premises. Resolution No. 2001-008 Page 13 of 13