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HomeMy WebLinkAbout2001-086 - Environmental Review No. 01-144. Conditional Use Permit No. 01-28RESOLUTION 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 BK:11/13/01 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: Conditional Use Permit No. 01-28 has been filed with the City of Santa Aha to allow the live-work development within the Artists Village (C3-A) zoning district. 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. 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. 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 of 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. o 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. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? 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. 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. Live-Work studios are permitted within the Central Business- Artists Village (C3-A) zoning district and the District Center (DC) General Plan designation. 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. 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. 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 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. 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 OIson 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. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. 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. 2001-086 Page 3 of 7 help promote the live-work lifestyle and will help limit the _ impacts of the project on infrastructure and public services. Co = That the granting of a variance will not adversely affect the General Plan of the City. The granting of the variance will not adversely affect the City's General Plan land use designation of District Center (DC). 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. 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. 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. The proposed project, as conditioned, conforms to all applicable requirements of the zoning and subdivision codes, as well as other applicable City ordinances. 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. o The project site is physically suitable for the type and density of the proposed project. 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 The design and improvements of the preposed project will not cause substantial environmental damage or substantially and avoidable injure fish or wildlife or their habitat. There are no wetlands or unusual flora or fauna on or around the project site. No development surrounding this site will be substantially affected by this proposal. = The design or improvements of the proposed project will not cause serious public health problems. The proposed infill development is for live-work studios and will be in compliance with the Artists Village (C3-A) zoning and building requirements. = The design of improvements of the proposed project will not conflict with easements necessary for public access through or use of the preperty within the preposed project. There are no easements that would affect the use or development of this site. D. Mitigated Negative Declaration and Mitigation Monitoring Progrem for Environmental Review No. 2001-144 has been prepared for the Project. Section 2. 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 Envirenmental Quality Act ("CEQA") 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 faidy argued that the project will have a significant adverse effect on the environment. The City Council hereby appreves 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, readways, 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. Resolution No. 2001-086 Page 5 of 7 Section 3. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: The City Council approves and adopts the Mitigated Negative Declaration and Mitigation Monitoring Program for Environmental Review No. 01-144. The City 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. 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. 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 19th day of November, 2001. Miguel A. Pulido ~ -- Mayor APPROVED AS TO FORM: Attorney y Attorney Resolution No. 2001-086 Page 6 of 7 AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers: Councilmembers Councilmembers: Councilmembers: Bist. Christy, Franklin, McGuiaan, Solorio (5) AIvarez. Pulido ~2~ CERTIFICATE OF ATTESTATION AND ORIGINALITY I, 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 Date:C°uncil "//~'/~ ~jO ~'°fthe City of Santa Aha on November~~.~19, 2001.. j~~/~. Clerk of the Council City of Santa Ana Resolution No. 2001-086 Page 7 of 7 Conditions of ADoroval Conditional Use Permit Conditional Use Permit No. 0t-28 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 exemising 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= Plannino Division Comply with all conditions and requirements from the Development Review Committee (DRC) for the development project (DP 01-29). No more than four residents per unit. The units shall remain owner occupied and shall not allow rental of the entire unit. 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. Fiber arts studios and/or galleries. Printing, lithography, and calligraphy facilities. Photography studios. Exhibit A Ceramic and pottery studios. vi. vii. viii. ix. X. xi. xii. Glass blowing and sculpturing studios. Home office with no employees and no storefront. Any use listed above, with a maximum of two non-resident employees. 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. Special approved uses include: Retail. Food and/or beverage sales. Professional, administrative and business uses. Restaurants. Commercially operated professional studios. Fine arts studios and/or galleries. Fiber arts studios and/or galleries. Printing, lithography and calligraphy facilities. Photography studios. Ceramic and pottery studios. Glass blowing and sculpturing studios. Approval and a determination of application of commemial 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. Uses not permitted include: Schools, banquet facilities and theaters. 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 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, ope~ 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) 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 Hall which may arise from or relate to the disclosed matters. E) 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. No more than two areas of the unit shall be constructed or utilized for sleeping purposes, except as described in Condition No. 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. A tentative tract map shall be approved pdor to the applicant exercising the rights conferred by this conditional use permit. 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 Aha Live Work Lofts, No. 01-144. Police Department Pdor to site plan approval, indicate compliance with Santa Ana Municipal Code lighting~ requirements for walkways and drive aisles. Exhibit A Variance No. 01-09 Conditions of Approval 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. A. Planninu Division 1. Comply with conditions 1, 2, 3, 5, 6, 7, and 8 from Conditional Use Permit No. 01-28. Exhibit B Tentative Tract Mar) No. 16217 Conditions of Ar)proval 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. A. Planninq Division Comply with all conditions and requirements from the Development Review Committee (DRC) for the development project (DP 01-29). Each garage space shall be shown as separate numbered parcels. Exhibit C