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HomeMy WebLinkAbout2002-099 - Approving Conditional Use Permit No. 2002-19RESOLUTION NO. 2002-099 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2002-19 AS CONDITIONED AND APPROVING VARIANCE NO. 2002-11 FOR PARKING AND LANDSCAPING AS CONDITIONED FOR THE PROPERTY LOCATED AT 1501-1551 NORTH TUSTIN AVENUE Kdo/11/9/02 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. 2002-19 and Variance No. 2002-11 came before the City Council of the City of Santa Ana for a public hearing November 18, 2002. Conditional Use Permit No. 2002-19 has been filed with the City of Santa Ana seeking to allow a health club for the property located at 1501-1551 North Tustin Avenue which is located within the professional zoning district. 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 35,000 square foot health club will provide a service to complement the adjacent commercial and professional uses, thereby enhance the City's economic and fiscal viability as well as contribute to the general well being of the neighborhood by providing a service to the community. Resolution No. 2002-099 Page 1 of 16 ii. ~ 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 35,000 square foot health club proposed is designed to comply with the City's design and development standards for such facilities, which will not be detrimental to the health, safety or general welfare of persons residing or working in the vicinity. iii. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed project meets the City's development standards for a 35,000 square foot health club. The site is currently occupied by a 10-story office building and a 7-story parking structure. The proposed use of the property is consistent with the surrounding area. The proposed 35,000 square foot health club is in conformance with the City's requirements and will help the economic stability of the area. iV. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The 35,000 square foot health club proposed is designed to comply with the City's design and development standards for such facilities except for the parking and landscaping. A variance is required to deviate from these standards. The health club use is consistent with the land use designation of professional and administrative office. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed 35,000 square foot health club is designed to be compatible with the surrounding environment, which will not adversely affect the Resolution No. 2002-099 Page 2 of 16 General Plan and is consistent with the goals and objectives of the Professional and Administrative Office General Plan designation. Applicant is requesting a variance from the Santa Ana Municipal Code Sections 41-1341 and 41-1375 to allow a reduction in the required parking, and for the property located at 1501-1551 North Tustin Avenue. The applicant is also requesting a variance from the Santa Ana Municipal Code Section 41-316 of the Santa Ana Municipal Code, which requires a landscaped side yard area of five feet is needed and Section 41-317, which requires a five-foot landscaped area around each building. The applicant proposes to provide a six-foot side yard setback, however, only two feet will be landscaped. The remaining will be paved and used for emergency exit path per the Uniform Building Code. Santa Ana Municipal Code Section 41-638 authorizes the City Council to grant a variance upon making certain findings: 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 this chapter. The Tustin CenteflLA Fitness site is a contained site surrounded by existing commercial developments. The shared parking analysis, prepared by Linscott, Law & Greenspan, Engineers, has determined that sufficient parking will be provided for the project during times of peak demand. The landscaping reduction is necessary due to the current driveway location and the design restrictions of a health club. The parking and landscaping variance will allow the applicant the ability to use the property in a manner that is consistent with similar surrounding commercial and professional uses. ii. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. Resolution No. 2002-099 Page 3 of 16 iii. iv. The granting of the variance will preserve the property owner's ability to develop the property with a well- designed office and health club facility that is consistent with the Professional and Administrative Office (PAO) zoning district. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of the vadance will not be materially detrimental to the public welfare or injurious to surrounding property because the proposed health club and office building will not generate additional operational impacts on Tustin Avenue. An EIR was prepared when this project was originally entitled, mitigation measures have been incorporated into the project approval. That the granting of a variance will not adversely affect the General Plan of the City. The granting of the vadance will not adversely affect the General Plan of the City since the proposed health club and office facility was designed in conformance with City Zoning, Development, and General Plan requirements. The Planning Commission of the City of Santa Ana held a duly noticed public headng on November 12, 2002, on Conditional Use Permit No. 2002- 19 and Variance No. 2002-11 and voted by a vote of 5'0 (Doughty and Vedno absent) to recommend that the City Council approve Conditional Use Permit No. 2002-19 and Vadance No. 2002-11. Eo An Addendum (Environmental Review No. 02-288) to Final Environmental Impact Report No. 88-02 has been prepared for this project. Section 2. The City Council has reviewed and considered the information contained in the Addendum (Environmental Review No, 02-288) to Final Environmental Impact Report No. 88-02 has been prepared for this project. The City Council has, as a result of its consideration and the evidence presented at the headngs on this matter, determined that, as required pursuant to the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, a Addendum and the Final Environmental Impact Report No. 88-02 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 will have a significant adverse effect on Resolution No, 2002-099 Page 4 of 16 the environment. The City Council hereby certifies and approves the Addendum (Environmental Review No. 02-268) to Final Environmental Impact Report No. 88-02 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 § 753.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 3. Based upon the evidence submitted at the abovesaid hearing which includes but not is not limited to: the Staff report and exhibits attached thereto; and the public testimony; ail of which are incorporated herein by this reference, the City Council of the City of Santa Ana hereby finds, determines and declares as follows: The City Council hereby certifies and adopts Addendum (Environmental Review No. 02-268) to Final Environmental Impact Report No. 88-02. The City Council of the City of Santa Ana hereby approves Conditional Use Permit No. 2002-19 as conditioned in Exhibit "A" attached hereto and incorporated herein. The City Council of the City of Santa Ana hereby approves Variance No. 2002-11 as conditioned in Exhibit "B" attached hereto and incorporated herein. 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 18th day of November, 2002. Mayor Resolution No, 2002-099 Page5of 16 APPROVED AS TO FORM: Joseph W. Fletcher City Attomey By: · ~' City Attorney AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers: Alvarez, Blat, Christy, Franklin, McGuigan, Solorio (6) Councilmembers: None Councilmembers: Pulido (1) Councilmembers: None (0) CERTIFICATION OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of Council, do hereby attest to and certify the attached Resolution No. 2002-099 to be the original resolution adopted by the City Council of the City of Santa Ana on November 18, 2002. Date: /,~/~////~ ~ ~ ~l~rk of Council ~' (~ City of Santa Ana Resolution No. 2002-099 Page 6 of 16 Conditions for Approval for Conditional Use Permit No. 2002-19 Conditional Use Permit No. 2002-19 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the Califomia Administrative Code, the Uniform Fire Code, the Uniform Building Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below prior to exemising the dghts 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. Planninu Division The project shall remain in compliance with Site Plan Review DP No. 02- 33. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At this time, staff will determine if administrative relief is available or the conditional use permit must be amended. B. Mitiuation Measures In accordance with Final EIR 88-02, mitigation measures are required. In lieu of implementing the mitigation measures, the Public Works Agency would require a $200,000 prorated fair share amount. Prior to site plan approval, submit an updated Transportation Demand Management Program. The applicant shall pay Foothill/Eastern Corridor Fees at a cost of $3.23 per square foot for non-residential properties. The applicant shall pay transportation System Improvement fee (Area C) based on $5.53 per square foot of building area. A watering plan shall be initiated for each grading phase such that a crust can be formed on the ground surface to reduce the amount of generated fugitive dust. 8. Construction roads shall be paved where appropriate. 9. All grading activities shall be ceased during periods of high wind. EXHIBIT "A" Resolution No. 2002-099 Page7 of 16 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. Construction equipment shall be fitted with the most modern emission control devices and kept in proper tune. A Transportation Systems Management Plan for the proposed project shall be submitted to the City by the applicant for approval. Such a plan shall focus on reducing the amount of peak-hour traffic trips. Bicycle racks shall be installed by the applicant on-site for use by employees and patrons. The applicant shall insulate hot water lines in water recimulating systems. The applicant shall install Iow water use faucets in all structures. The applicant shall install Iow-flush toilets in all structures. The applicant shall ensure that all drinking fountains on-site are fitted with self-closing valves. The applicant shall incorporate drip-irrigation systems on-site for landscape watedng where appropriate and Iow water-consuming vegetation shall be used on-site where possible. In addition, ail sprinklering devices shall be fitted with timers to reduce water waste. The landscape irrigation system shall be transferred to a reclaimed water system when it becomes available. The applicant shall ensure that the water system has adequate pressure for fire protection purposes. Non-watering using methods of cleaning and maintenance shall be used on the site. The applicant shall work with the Orange County Sanitation District to identify possible on-site methods of reducing the load strength of project- generated wastewater. The applicant shall contribute to City of Santa Ana Sewer Connection Fee at the cost of $63.32 per unit. The applicant shall contribute to the Orange County Sanitation District Connection Fee at the cost of $675.00 per 1,000 square feet of building area. Prior to issuance of a building permit, submit the final ton-off evaluation for review and approval showing existing and proposed facilities and methods Resolution No, 2002-099 Page 8 of 16 of draining the site without exceeding the capacity of any street or adjacent storm drain facility. 24. Prior to issuance of a building permit, if required, construct an on-site/off- site storm drain system. 25. Prior to the issuance of a grading permit, complete the following: a= Prepare an NPDES post-construction storm water management plan in accordance with the Orange County Drainage Area Management Plan (DAMP) that includes all Structural and Non- Structural "Best Management Practices" for the project. Submit and have approved a surface drainage/utility plan that includes all Structural "Best Management Practices". C= Provide two copies of the "Water Quality Management Plan" that includes a description of all applicable Structural and Non- Structural "Best Management Practices" which may apply to this project. 26. During the grading and construction period, the applicant shall place sandbags around the site perimeter to prevent sediment-filled runoff from being deposited in City storm drains. 27. Should any project-generated sediment be deposited in City storm drains, the applicant shall fund any required clean-up to the mutual satisfaction of the City and the applicant. 28. Exposed soils shall be covered with soil binding material by the applicant as soon as possible to prevent soil erosion during storms. 29. Parking area maintenance and sweeping shall be conducted regularly to reduce the amount of pollutants entering the City drainage system. 30. The applicant shall pay drainage Assessment Fees (Areas V) based on $5,028.50 per acre. 31. Prior to issuance of a building permit, submit for review and approval a surface drainage/grading/erosion control plan, prepared by a registered Civil Engineer, showing the direction and means of flow to the adjacent street. The plan is to include existing and proposed elevations at and adjacent to all property lines. Drainage routed to the street must be directed beneath the sidewalk and through the curb. 32. Prior to site plan approval submit a preliminary evaluation of surface EXHIBIT "A" Resolution No. 2002-099 Page 9 of 16 33. 34. 35. 36. 37. 38. 39. 40. 41, 42. 43. drainage showing the direction and means of flow to the adjacent and/or on/off-site storm drain facility. Include the estimated volumetric flow (Q) in each direction. Trash separation and recycling programs shall be encouraged on-site to decrease the amount of solid waste that would be generated by the proposed project. The project shall comply with all requirements identified by the Santa Ana Fire Department. The applicant shall employ an onsite Deputy Fire Inspector for all required fire inspections during construction. Emergency access shall be provided to all portions of the site during project construction. Fire hydrants shall be in operational order during project construction. The applicant shall provide funding to the Fire Department for provision of a site inspector. Specifically, the applicant shall reimburse the City for eight (8) man-days when the project is granted a certificate of occupancy and annually thereafter. The applicant shall be required to show to the satisfaction of the Fire Department that the project would not require a fire flow, which exceeds available supplies. All on-site structures, including the parking structure, shall be fitted with automatic sprinklering systems. In addition, the office towers shall be fitted with elevator recall systems, smoke evacuation systems, fire detection systems, pressurized stairwells, zoned alarm systems, phones in stairwells and elevators and roof water reservoirs with 4,500 gallon. The applicant shall provide the Fire Department with 150-foot clear access to all site structures. The applicant shall provide an on-site security system for the office towers and the parking structure that includes alarms and other communication devices. The applicant must provide a fully detailed security plan for the 10 story high rise which will include: A guard station adjacent to the elevators on the first floor, security guard staffing for the desk and 2 guards for patrolling the parking structure and building, elevator individual floor lockout system, card reader control at the lobby vestibule in the sub- parking garage, and duress system in the parking garage. This security Resolution No. 2002-099 Page 10 of 16 44. 45. 46. 47. 48. 49. plan must be approved by the Police Department pdor to the Planning Commission hearing and will become a condition of approval for the project. Lighting on all walkways throughout the project must meet a minimum maintained 1 footcandle of light. All parking structure stairwells must be outfitted with minimum 12 inch shatterproof convex mirrors at each stairwell landing. The last flight of stairs must be fully enclosed at its base. All stairwell doors are to be equipped with 5 inch by 20 inch windows. All elevator lobbies in the parking structures are to be designed with maximum visibility utilizing fire rated windows in the walls of the enclosed lobby. Parking Structure Design: The parking structure addition is to be designed to the security standards set forth in the City of Santa ^na's parking design guidelines. Specifically the enclosed stairwells are to be redesigned to be open to the interior of the garage to allow maximum visibility. The vehicular entrance to the structure must be outfitted with a rolling overhead grille. During a recent survey of the site the existing parking structure's lighting had fallen under code. This must be corrected prior to the Planning Commission hearing. Fully enclose the open air stairwells to the north of the 10 story high rise with a material that provides maximum visibility into the stairwell. The stairwells are to be designed for emergency egress only. EXHIBIT "A" Resolution No. 2002-099 Page 11 of 16 Conditions for ADoroval for Variance No. 2002-11 Vadance No. 2002-11 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the Califomia Administrative Code, the Uniform Fire Code, the Uniform Building Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below odor 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. Planninn Division The project shall remain in compliance with Site Plan Review DP No. 02- 33. After project occupancy, landscaping is to be maintained to include the minimum level of plant materials installed at the time of occupancy. The required 24-inch boxed trees shall be upgraded to 36-inch boxed trees. Public payphones, if provided, may only be located within buildings or the interior of the site. o Any amendment to this variance must be submitted to the Planning Division for review. At this time, staff will determine if administrative relief is available or the Variance must be amended. B. Mitiqation Measures In accordance with Final EIR 88-02, mitigation measures are required. In lieu of implementing the mitigation measures, the Public Works Agency would require a $200,000 prorated fair share amount. Prior to site plan approval, submit an updated Transportation Demand Management Program. The applicant shall pay Foothill/Eastern Corridor Fees at a cost of $3.23 per square foot for non-residential properties. The applicant shall pay transportation System Improvement fee (Area C) based on $5.53 per square foot of building area. Resolution No. 2002-099 Page 12 of 16 10. A watering plan shall be initiated for each grading phase such that a crust can be formed on the ground surface to reduce the amount of generated fugitive dust. 11. Construction roads shall be paved where appropriate. 12. All grading activities shall be ceased during periods of high wind. 13. Construction equipment shall be tiffed with the most modern emission control devices and kept in proper tune. 14. A Transportation Systems Management Plan for the proposed project shall be submitted to the City by the applicant for approval. Such a plan shall focus on reducing the amount of peak-hour traffic trips. 15. Bicycle racks shall be installed by the applicant on-site for use by employees and patrons. 16. The applicant shall insulate hot water lines in water recirculating systems. 17. The applicant shall install Iow water use faucets in all structures. 18. The applicant shall install Iow-flush toilets in all structures. 19. The applicant shall ensure that all drinking fountains on-site are tiffed with self-closing valves. 20. The applicant shall incorporate drip-irrigation systems on-site for landscape watering where appropriate and Iow water-consuming vegetation shall be used on-site where possible. In addition, all sprinklering devices shall be tiffed with timers to reduce water waste. The landscape irrigation system shall be transferred to a reclaimed water system when it becomes available. 21. The applicant shall ensure that the water system has adequate pressure for fire protection purposes. 22. Non-watering using methods of cleaning and maintenance shall be used on the site. 23. The applicant shall work with the Orange County Sanitation District to identify possible on-site methods of reducing the load strength of project- generated wastewater. EXHIBIT "B" Resolution No. 2002-099 Page 13 of 16 24. 25. 26. 27. The applicant shall contribute to the City of Santa Ana Sewer Connection Fee at the cost of $63.32 per unit. The applicant shall contribute to the Orange County Sanitation District Connection Fee at the cost of $675.00 per 1,000 square feet of building area. Prior to issuance of a building permit, submit the final run-off evaluation for review and approval showing existing and proposed facilities and methods of draining the site without exceeding the capacity of any street or adjacent storm drain facility. Pdor to issuance of a building permit, if required, construct an on-site/off- site storm drain system. 28. Prior to the issuance of a grading permit, complete the following: 29. 30. 31. 32. 33. Prepare an NPDES post-construction storm water management plan in accordance with the Orange County Drainage Area Management Plan (DAMP) that includes all Structural and Non- Structural "Best Management Practices" for the project. Submit and have approved a surface drainage/utility plan that includes all Structural "Best Management Practices". Provide two copies of the "Water Quality Management Plan" that includes a description of all applicable Structural and Non- Structural "Best Management Practices" which may apply to this project. During the grading and construction period, the applicant shall place sandbags around the site perimeter to prevent sediment-filled runoff from being deposited in City storm drains. Should any project-generated sediment be deposited in City storm drains, the applicant shall fund any required clean-up to the mutual satisfaction of the City and the applicant. Exposed soils shall be covered with soil binding material by the applicant, as soon as possible, to prevent soil erosion during storms. Parking area maintenance and sweeping shall be conducted regularly to reduce the amount of pollutants entering the City drainage system. The applicant shall pay drainage Assessment Fees (Areas V) based on $5,028.50 per acre. Resolution No. 2002-099 Page 14 of 16 34. Prior to issuance of a building permit, submit for review and approval a surface drainage/grading/erosion control plan, prepared by a registered Civil Engineer, showing the direction and means of flow to the adjacent street. The plan is to include existing and proposed elevations at and adjacent to all property lines. Drainage routed to the street must be directed beneath the sidewalk and through the curb. 35. Prior to site plan approval submit a preliminary evaluation of surface drainage showing the direction and means of flow to the adjacent and/or on/off-site storm drain facility. Include the estimated volumetric flow (Q) in each direction. 36. Trash separation and recycling programs shall be encouraged on-site to decrease the amount of solid waste that would be generated by the proposed project. 37. The project shall comply with all requirements identified by the Santa Ana Fire Department. 38. The applicant shall employ an onsite Deputy Fire Inspector for all required fire inspections during construction. 39. Emergency access shall be provided to all portions of the site during project construction. 40. Fire hydrants shall be in operational order during project construction. 41. The applicant shall provide funding to the Fire Department for provision of a site inspector. Specifically, the applicant shall reimburse the City for eight (8) man-days when the project is granted a certificate of occupancy and annually thereafter. 42. The applicant shall be required to show to the satisfaction of the Fire Department that the project would not require a fire flow, which exceeds available supplies. 43. All on-site structures, including the parking structure, shall be fitted with automatic sprinklering systems. In addition, the office towers shall be fitted with elevator recall systems, smoke evacuation systems, fire detection systems, pressurized stairwells, zoned alarm systems, phones in stairwells and elevators and roof water reservoirs with 4,500 gallon. 44. The applicant shall provide the Fire Department with 150-foot clear access to all site structures. EXHIBIT "B" Resolution No. 2002-099 Page 15 of 16 45, -- 46. 47. 48. 49. 50. 51. 52. The applicant shall provide an on-site security system for the office towers and the parking structure that includes alarms and other communication devices. The applicant must provide a fully detailed security plan for the 10 story high rise which will include: A guard station adjacent to the elevators on the first floor, security guard staffing for the desk and 2 guards for patrolling the parking structure and building, elevator individual floor lockout system, card reader control at the lobby vestibule in the sub- parking garage, and duress system in the parking garage. This security plan must be approved by the Police Department prior to the Planning Commission hearing and will become a condition of approval for the project. Lighting on all walkways throughout the project must meet a minimum maintained 1 footcandle of light. All parking structure stairwells must be outfitted with minimum 12 inch shatterproof convex mirrors at each stairwell landing. The last flight of stairs must be fully enclosed at its base. All stairwell doors are to be equipped with 5 inch by 20 inch windows. All elevator lobbies in the parking structures are to be designed with maximum visibility utilizing fire rated windows in the walls of the enclosed lobby. Parking Structure Design: The parking structure addition is to be designed to the security standards set forth in the City of Santa Ana's parking design guidelines. Specifically the enclosed stairwells are to be redesigned to be open to the interior of the garage to allow maximum visibility. The vehicular entrance to the structure must be outfitted with a rolling overhead grille. During a recent survey of the site the existing parking structure's lighting had fallen under code. This must be corrected prior to the Planning Commission hearing. Fully enclose the open air stairwells to the north of the 10 story high rise with a material that provides maximum visibility into the stairwell. The stairwells are to be designed for emergency egress only. Resolution No. 2002-099 Page 16 of 16