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HomeMy WebLinkAbout2002-039 - Conditional Use Permit No. 2001-34RESOLUTION NO. 2002-039 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2001-34 AS CONDITIONED FOR THE PROPERTY LOCATED AT 2500 NORTH MAIN STREET Kdo 04/03/02 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. 2001-34 came before the City Council of the City of Santa Ana for a public hearing April 15, 2002. Bo Conditional Use Permit No. 2001-34 has been filed with the City of Santa Aha seeking to allow a large format theater. The Planning Commission of the City of Santa Ana held a duly noticed public hearing on Mamh 25, 2002, on Conditional Use Permit No. 2001-34 and voted by a vote of 5:0 (Mondo and Verino absent) that the City Council approve Conditional Use Permit No. 2001-34. Santa Ana Municipal Code Section 41-638 authorizes the City Council to grant a conditional use permit upon making certain findings. That the granting of a Conditional Use Permit is necessary for the preservation and enjoyment of one or more substantial property rights. The proposed large format theater in the Discovery Science Center, as conditioned, provides community service. Conditions of approval have been developed in order to mitigate potential impacts of the theater on this site. That the granting of a Conditional Use Permit will not be materially detrimental to the public welfare or injurious to surrounding property. The large format theater, as conditioned, will not impact or be detrimental to the overall site or neighborhood. Site improvements will be made to enhance the site and mitigate circulation impacts on-site and in the neighborhood, parking adequacy, safety issues, noise impacts and design concerns. The surrounding properties Resolution No. 2002-039 Page 1 of 5 ara mixed use commemial activities in a district center professional office setting. Will the proposed use adversely affect the present economic stability or future economic development of property in the surrounding area? The proposed large format theater should not adversely affect the present and future economic stability of property in the surrounding area. The theater and its design, as conditioned, provide visual icon to the area. The economic viability of the area should not be decreased. As conditioned, the project should not have any impacts on the economics of the area. The theater is anticipated to draw from the region while providing an anchor for cultural activity on Main Street and retail in the area. This new facility will provide a favorable economic and synergistic boost to the growth of the MainPlace District Center. Will the proposed theater addition to the Science Center comply with the regulations and conditions specified in the Santa Ana Municipal Code Section 41-41.5 for such a use? As conditioned, the proposed facility complies with the zoning code and design standards for such uses. Will the proposed use adversely affect the General Plan of the City or any specific plan applicable to the area of the proposed use? The theater at this location is consistent with the General Plan. The proposed activities on the site and zoning are consistent with the General Plan of Santa Ana. In conjunction with this project, the City Council has previously certified Final Environmental Impact Report No. 96-01 and its Addendum. Section 2. The City Council of the City of Santa Ana hereby, approves Conditional Use Permit No. 2001-34 as conditioned in Exhibit "A" attached hereto and incorporated herein. Section 3. This Conditional Use Permit is expressly conditioned upon adoption by the City Council of a zoning ordinance amendment 2001-01. Should no such zoning ordinance amendment become effective, then this Conditional Use Permit is null and void and of no effect. ADOPTED this 15~h day of April, 2002. Resolution No. 2002-039 Page 2 of 5 r,~or A:Pulid~ - . APPROVED AS TO FORM: Joseph W. Fletcher City Attomey B YT~nsis'~K~~Atto r ney AYES: Councilmembers: NOES: ABSTAIN: NOT PRESENT: Councilmembers' Councilmembers: Councilmembers: Alvarez. Bist. Christy. Franklin. McGui(~an. Pulido. Solorio (7) None (0) None (0) None (0) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2002-039 to be the original resolution adopted by the City Council of the City of Santa Ana on April 15, 2002. \ Date: Resolution No. 2002-039 Page 3 of 5 Conditions for Approval for Conditional Use Permit No. 2001-34 Conditional Use Permit No. 2001-34 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 Code of Administration, the California Building Code and all other applicable Uniform Codes, and all other applicable regulations. The applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this conditional use permit. A. Planning Division The expansion to the Science Center must include a large format theater facility. Comply with the conditions and requirements of DP No. 00-049 and the staff report exhibits. The applicant must remain in compliance with all conditions listed herein 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. The Science Center will remove graffiti occurring on the property within 48 hours. All new trees in the required front landscape setback abutting Main Place Drive streets shall be 24-inch box size or larger. After project occupancy, landscaping is to be maintained to include the minimum levels of plant materials to be installed at the time of occupancy. 7. Public payphones, if provided, may only be located within buildings. Site landscaping abutting Santiago Creek shall be of a ripadan nature per the approved plan. Interlocking pavers shall be used at the creek side entrance to the parking structure. 10. In conjunction with the construction of the parking structure and bridge across Santiago Creek, the area of future extension of the bike path shall be constructed with retaining walls and pre-graded to accept the future construction of the bike path. Resolution No. 2002-039 Page 4 of 5 Bo Police Department The buildings and parking lot lighting must conform to the provisions of Chapter Eight, Article II, Division Three 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. Mitk3ation Measures The mitigation measures identified in the Addendum to EIR No. 96-01 necessary to mitigate the potential environmental impacts of the project shall be complied with. Resolution No. 2002-039 Page $ of 5